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



[[Page 136 STAT. 4459]]

Public Law 117-328
117th Congress

                                 An Act


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

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Consolidated 
Appropriations Act, 2023.>> 
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Consolidated Appropriations Act, 
2023''.
SEC. 2. TABLE OF CONTENTS.

Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. References.
Sec. 4. Explanatory statement.
Sec. 5. Statement of appropriations.
Sec. 6. Adjustments to compensation.

       DIVISION A--AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG 
      ADMINISTRATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2023

Title I--Agricultural Programs
Title II--Farm Production and Conservation Programs
Title III--Rural Development Programs
Title IV--Domestic Food Programs
Title V--Foreign Assistance and Related Programs
Title VI--Related Agency and Food and Drug Administration
Title VII--General Provisions

      DIVISION B--COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES 
                        APPROPRIATIONS ACT, 2023

Title I--Department of Commerce
Title II--Department of Justice
Title III--Science
Title IV--Related Agencies
Title V--General Provisions

       DIVISION C--DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2023

Title I--Military Personnel
Title II--Operation and Maintenance
Title III--Procurement
Title IV--Research, Development, Test and Evaluation
Title V--Revolving and Management Funds
Title VI--Other Department of Defense Programs
Title VII--Related Agencies
Title VIII--General Provisions

     DIVISION D--ENERGY AND WATER DEVELOPMENT AND RELATED AGENCIES 
                        APPROPRIATIONS ACT, 2023

Title I--Corps of Engineers--Civil
Title II--Department of the Interior
Title III--Department of Energy

[[Page 136 STAT. 4460]]

Title IV--Independent Agencies
Title V--General Provisions

  DIVISION E--FINANCIAL SERVICES AND GENERAL GOVERNMENT APPROPRIATIONS 
                                ACT, 2023

Title I--Department of the Treasury
Title II--Executive Office of the President and Funds Appropriated to 
           the President
Title III--The Judiciary
Title IV--District of Columbia
Title V--Independent Agencies
Title VI--General Provisions--This Act
Title VII--General Provisions--Government-wide
Title VIII--General Provisions--District of Columbia

  DIVISION F--DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2023

Title I--Departmental Management, Intelligence, Situational Awareness, 
           and Oversight
Title II--Security, Enforcement, and Investigations
Title III--Protection, Preparedness, Response, and Recovery
Title IV--Research, Development, Training, and Services
Title V--General Provisions

    DIVISION G--DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED 
                    AGENCIES APPROPRIATIONS ACT, 2023

Title I--Department of the Interior
Title II--Environmental Protection Agency
Title III--Related Agencies
Title IV--General Provisions

    DIVISION H--DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND 
        EDUCATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2023

Title I--Department of Labor
Title II--Department of Health and Human Services
Title III--Department of Education
Title IV--Related Agencies
Title V--General Provisions

         DIVISION I--LEGISLATIVE BRANCH APPROPRIATIONS ACT, 2023

Title I--Legislative Branch
Title II--General Provisions

    DIVISION J--MILITARY CONSTRUCTION, VETERANS AFFAIRS, AND RELATED 
                    AGENCIES APPROPRIATIONS ACT, 2023

Title I--Department of Defense
Title II--Department of Veterans Affairs
Title III--Related Agencies
Title IV--General Provisions

    DIVISION K--DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND RELATED 
                    PROGRAMS APPROPRIATIONS ACT, 2023

Title I--Department of State and Related Agency
Title II--United States Agency for International Development
Title III--Bilateral Economic Assistance
Title IV--International Security Assistance
Title V--Multilateral Assistance
Title VI--Export and Investment Assistance
Title VII--General Provisions

 DIVISION L--TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, AND RELATED 
                    AGENCIES APPROPRIATIONS ACT, 2023

Title I--Department of Transportation
Title II--Department of Housing and Urban Development
Title III--Related Agencies
Title IV--General Provisions--This Act

[[Page 136 STAT. 4461]]

  DIVISION M--ADDITIONAL UKRAINE SUPPLEMENTAL APPROPRIATIONS ACT, 2023

    DIVISION N--DISASTER RELIEF SUPPLEMENTAL APPROPRIATIONS ACT, 2023

             DIVISION O--EXTENDERS AND TECHNICAL CORRECTIONS

Title I--National Cybersecurity Protection System Authorization 
           Extension
Title II--NDAA Technical Corrections
Title III--Immigration Extensions
Title IV--Environment and Public Works Matters
Title V--Safety Enhancements
Title VI--Extension of Temporary Order for Fentanyl-Related Substances
Title VII--Federal Trade Commission Oversight of Horseracing Integrity 
           and Safety Authority
Title VIII--United States Parole Commission Extension
Title IX--Extension of FCC Auction Authority
Title X--Budgetary Effects

     DIVISION P--ELECTORAL COUNT REFORM AND PRESIDENTIAL TRANSITION 
                               IMPROVEMENT

                  DIVISION Q--AVIATION RELATED MATTERS

               DIVISION R--NO TIKTOK ON GOVERNMENT DEVICES

                   DIVISION S--OCEANS RELATED MATTERS

                   DIVISION T--SECURE 2.0 ACT OF 2022

   DIVISION U--JOSEPH MAXWELL CLELAND AND ROBERT JOSEPH DOLE MEMORIAL 
        VETERANS BENEFITS AND HEALTH CARE IMPROVEMENT ACT OF 2022

                 DIVISION V--STRONG VETERANS ACT OF 2022

         DIVISION W--UNLEASHING AMERICAN INNOVATORS ACT OF 2022

   DIVISION X--EXTENSION OF AUTHORIZATION FOR SPECIAL ASSESSMENT FOR 
                   DOMESTIC TRAFFICKING VICTIMS' FUND

                    DIVISION Y--CONTRACT ACT OF 2022

                          DIVISION Z--COVS ACT

                 DIVISION AA--FINANCIAL SERVICES MATTERS

              DIVISION BB--CONSUMER PROTECTION AND COMMERCE

                   DIVISION CC--WATER RELATED MATTERS

                   DIVISION DD--PUBLIC LAND MANAGEMENT

                  DIVISION EE--POST OFFICE DESIGNATIONS

                 DIVISION FF--HEALTH AND HUMAN SERVICES

              DIVISION GG--MERGER FILING FEE MODERNIZATION

                        DIVISION HH--AGRICULTURE

                      DIVISION II--PREGNANT WORKERS

                DIVISION JJ--NORTH ATLANTIC RIGHT WHALES

                DIVISION KK--PUMP FOR NURSING MOTHERS ACT

  Division LL--STATE, LOCAL, TRIBAL, AND TERRITORIAL FISCAL RECOVERY, 
             INFRASTRUCTURE, AND DISASTER RELIEF FLEXIBILITY

               DIVISION MM--FAIRNESS FOR 9/11 FAMILIES ACT

SEC. 3. <<NOTE: 1 USC 1 note.>> REFERENCES.

    Except as expressly provided otherwise, any reference to ``this 
Act'' contained in any division of this Act shall be treated as 
referring only to the provisions of that division.

[[Page 136 STAT. 4462]]

SEC. 4. EXPLANATORY STATEMENT.

    The explanatory statement regarding this Act, printed in the Senate 
section of the Congressional Record on or about December 19, 2022, and 
submitted by the chair of the Committee on Appropriations of the Senate, 
shall have the same effect with respect to the allocation of funds and 
implementation of divisions A through L of this Act as if it were a 
joint explanatory statement of a committee of conference.
SEC. 5. STATEMENT OF APPROPRIATIONS.

    The following sums in this Act are appropriated, out of any money in 
the Treasury not otherwise appropriated, for the fiscal year ending 
September 30, 2023.
SEC. 6. <<NOTE: 2 USC 4501 note.>> ADJUSTMENTS TO COMPENSATION.

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

   DIVISION A-- <<NOTE: Agriculture, Rural Development, Food and Drug 
        Administration, and Related Agencies Appropriations Act, 
 2023.>> AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG ADMINISTRATION, 
AND RELATED AGENCIES APPROPRIATIONS ACT, 2023

                                 TITLE I

                          AGRICULTURAL PROGRAMS

                   Processing, Research, and Marketing

                         Office of the Secretary

                     (including transfers of funds)

    For necessary expenses of the Office of the Secretary, $65,067,000 
of which not to exceed $7,432,000 shall be available for the immediate 
Office of the Secretary; not to exceed $1,396,000 shall be available for 
the Office of Homeland Security; not to exceed $5,190,000 shall be 
available for the Office of Tribal Relations, of which $1,000,000 shall 
be to establish a Tribal Public Health Resource Center at a land grant 
university with existing indigenous public health expertise to expand 
current partnerships and collaborative efforts with indigenous groups, 
including but not limited to, tribal organizations and institutions such 
as tribal colleges, tribal technical colleges, tribal community colleges 
and tribal universities, to improve the delivery of culturally 
appropriate public health services and functions in American Indian 
communities focusing on indigenous food sovereignty; not to exceed 
$9,280,000 shall be available for the Office of Partnerships and Public 
Engagement, of which $1,500,000 shall be for 7 U.S.C. 2279(c)(5); not to 
exceed $28,422,000 shall be available for the Office of the Assistant 
Secretary for Administration, of which $26,716,000 shall be available 
for Departmental Administration to provide for necessary expenses for 
management support services to offices of the Department and for general 
administration, security, repairs and alterations, and other 
miscellaneous supplies and expenses not otherwise provided for and 
necessary for the practical and efficient work of the Department:  
Provided, That funds made available by this Act to an agency

[[Page 136 STAT. 4463]]

in the Administration mission area for salaries and expenses are 
available to fund up to one administrative support staff for the Office; 
not to exceed $4,609,000 shall be available for the Office of Assistant 
Secretary for Congressional Relations and Intergovernmental Affairs to 
carry out the programs funded by this Act, including programs involving 
intergovernmental affairs and liaison within the executive branch; and 
not to exceed $8,738,000 shall be available for the Office of 
Communications:  Provided further, That the Secretary of Agriculture is 
authorized to transfer funds appropriated for any office of the Office 
of the Secretary to any other office of the Office of the Secretary:  
Provided further, That no appropriation for any office shall be 
increased or decreased by more than 5 percent:  Provided further, That 
not to exceed $22,000 of the amount made available under this paragraph 
for the immediate Office of the Secretary shall be available for 
official reception and representation expenses, not otherwise provided 
for, as determined by the Secretary:  Provided 
further, <<NOTE: Reimbursements.>> That the amount made available under 
this heading for Departmental Administration shall be reimbursed from 
applicable appropriations in this Act for travel expenses incident to 
the holding of hearings as required by 5 U.S.C. 551-558:  Provided 
further, That funds made available under this heading for the Office of 
the Assistant Secretary for Congressional Relations and 
Intergovernmental Affairs shall be transferred to agencies of the 
Department of Agriculture funded by this Act to maintain personnel at 
the agency level:  Provided further, That no <<NOTE: Time 
period. Notification.>> funds made available under this heading for the 
Office of Assistant Secretary for Congressional Relations may be 
obligated after 30 days from the date of enactment of this Act, unless 
the Secretary has notified the Committees on Appropriations of both 
Houses of Congress on the allocation of these funds by USDA agency:  
Provided further, That <<NOTE: Time period. Notification.>> during any 
30 day notification period referenced in section 716 of this Act, the 
Secretary of Agriculture shall take no action to begin implementation of 
the action that is subject to section 716 of this Act or make any public 
announcement of such action in any form.

                          Executive Operations

                      office of the chief economist

    For necessary expenses of the Office of the Chief Economist, 
$28,181,000, of which $8,000,000 shall be for grants or cooperative 
agreements for policy research under 7 U.S.C. 3155:  Provided, That of 
the amounts made available under this heading, $500,000 shall be 
available to carry out section 224 of subtitle A of the Department of 
Agriculture Reorganization Act of 1994 (7 U.S.C. 6924), as amended by 
section 12504 of Public Law 115-334.

                     office of hearings and appeals

    For necessary expenses of the Office of Hearings and Appeals, 
$16,703,000.

                  office of budget and program analysis

    For necessary expenses of the Office of Budget and Program Analysis, 
$14,967,000.

[[Page 136 STAT. 4464]]

                 Office of the Chief Information Officer

    For necessary expenses of the Office of the Chief Information 
Officer, $92,284,000, of which not less than $77,428,000 is for 
cybersecurity requirements of the department.

                  Office of the Chief Financial Officer

    For necessary expenses of the Office of the Chief Financial Officer, 
$7,367,000.

           Office of the Assistant Secretary for Civil Rights

    For necessary expenses of the Office of the Assistant Secretary for 
Civil Rights, $1,466,000:  Provided, That funds made available by this 
Act to an agency in the Civil Rights mission area for salaries and 
expenses are available to fund up to one administrative support staff 
for the Office.

                         Office of Civil Rights

    For necessary expenses of the Office of Civil Rights, $37,595,000.

                  Agriculture Buildings and Facilities

                     (including transfers of funds)

    For payment of space rental and related costs pursuant to Public Law 
92-313, including authorities pursuant to the 1984 delegation of 
authority from the Administrator of General Services to the Department 
of Agriculture under 40 U.S.C. 121, for programs and activities of the 
Department which are included in this Act, and for alterations and other 
actions needed for the Department and its agencies to consolidate 
unneeded space into configurations suitable for release to the 
Administrator of General Services, and for the operation, maintenance, 
improvement, and repair of Agriculture buildings and facilities, and for 
related costs, $40,581,000, to remain available until expended.

                     Hazardous Materials Management

                     (including transfers of funds)

    For necessary expenses of the Department of Agriculture, to comply 
with the Comprehensive Environmental Response, Compensation, and 
Liability Act (42 U.S.C. 9601 et seq.) and the Solid Waste Disposal Act 
(42 U.S.C. 6901 et seq.), $7,581,000, to remain available until 
expended:  Provided, That appropriations and funds available herein to 
the Department for Hazardous Materials Management may be transferred to 
any agency of the Department for its use in meeting all requirements 
pursuant to the above Acts on Federal and non-Federal lands.

               Office of Safety, Security, and Protection

    For necessary expenses of the Office of Safety, Security, and 
Protection, $21,800,000.

[[Page 136 STAT. 4465]]

                       Office of Inspector General

    For necessary expenses of the Office of Inspector General, including 
employment pursuant to the Inspector General Act of 1978 (Public Law 95-
452; 5 U.S.C. App.), $111,561,000, including such sums as may be 
necessary for contracting and other arrangements with public agencies 
and private persons pursuant to section 6(a)(9) of the Inspector General 
Act of 1978 (Public Law 95-452; 5 U.S.C. App.), and including not to 
exceed $125,000 for certain confidential operational expenses, including 
the payment of informants, to be expended under the direction of the 
Inspector General pursuant to the Inspector General Act of 1978 (Public 
Law 95-452; 5 U.S.C. App.) and section 1337 of the Agriculture and Food 
Act of 1981 (Public Law 97-98).

                      Office of the General Counsel

    For necessary expenses of the Office of the General Counsel, 
$60,537,000.

                            Office of Ethics

    For necessary expenses of the Office of Ethics, $5,556,000.

  Office of the Under Secretary for Research, Education, and Economics

    For necessary expenses of the Office of the Under Secretary for 
Research, Education, and Economics, $2,384,000:  Provided, That funds 
made available by this Act to an agency in the Research, Education, and 
Economics mission area for salaries and expenses are available to fund 
up to one administrative support staff for the Office:  Provided 
further, That of the amounts made available under this heading, 
$1,000,000 shall be made available for the Office of the Chief 
Scientist.

                        Economic Research Service

    For necessary expenses of the Economic Research Service, 
$92,612,000.

                National Agricultural Statistics Service

    For necessary expenses of the National Agricultural Statistics 
Service, $211,076,000, of which up to $66,413,000 shall be available 
until expended for the Census of Agriculture:  
Provided, <<NOTE: Surveys.>> That amounts made available for the Census 
of Agriculture may be used to conduct Current Industrial Report surveys 
subject to 7 U.S.C. 2204g(d) and (f).

                      Agricultural Research Service

                          salaries and expenses

    For necessary expenses of the Agricultural Research Service and for 
acquisition of lands by donation, exchange, or purchase at a nominal 
cost not to exceed $100, and for land exchanges where the lands 
exchanged shall be of equal value or shall be equalized by a payment of 
money to the grantor which shall not

[[Page 136 STAT. 4466]]

exceed 25 percent of the total value of the land or interests 
transferred out of Federal ownership, $1,744,279,000:  
Provided, <<NOTE: 7 USC 2254.>>  That appropriations hereunder shall be 
available for the operation and maintenance of aircraft and the purchase 
of not to exceed one for replacement only:  Provided further, That 
appropriations hereunder shall be available pursuant to 7 U.S.C. 2250 
for the construction, alteration, and repair of buildings and 
improvements, but unless otherwise provided, the cost of constructing 
any one building shall not exceed $500,000, except for headhouses or 
greenhouses which shall each be limited to $1,800,000, except for 10 
buildings to be constructed or improved at a cost not to exceed 
$1,100,000 each, and except for four buildings to be constructed at a 
cost not to exceed $5,000,000 each, and the cost of altering any one 
building during the fiscal year shall not exceed 10 percent of the 
current replacement value of the building or $500,000, whichever is 
greater:  Provided further, <<NOTE: Contracts.>>  That appropriations 
hereunder shall be available for entering into lease agreements at any 
Agricultural Research Service location for the construction of a 
research facility by a non-Federal entity for use by the Agricultural 
Research Service and a condition of the lease shall be that any facility 
shall be owned, operated, and maintained by the non-Federal entity and 
shall be removed upon the expiration or termination of the lease 
agreement:  Provided further, <<NOTE: Maryland.>> That the limitations 
on alterations contained in this Act shall not apply to modernization or 
replacement of existing facilities at Beltsville, Maryland:  Provided 
further, That appropriations <<NOTE: Easements.>> hereunder shall be 
available for granting easements at the Beltsville Agricultural Research 
Center:  Provided further, That the foregoing limitations shall not 
apply to replacement of buildings needed to carry out the Act of April 
24, 1948 (21 U.S.C. 113a):  Provided further, <<NOTE: Easements.>> That 
appropriations hereunder shall be available for granting easements at 
any Agricultural Research Service location for the construction of a 
research facility by a non-Federal entity for use by, and acceptable to, 
the Agricultural Research Service and a condition of the easements shall 
be that upon completion the facility shall be accepted by the Secretary, 
subject to the availability of funds herein, if the Secretary finds that 
acceptance of the facility is in the interest of the United States:  
Provided further, That funds may be received from any State, other 
political subdivision, organization, or individual for the purpose of 
establishing or operating any research facility or research project of 
the Agricultural Research Service, as authorized by law.

                        buildings and facilities

    For the acquisition of land, construction, repair, improvement, 
extension, alteration, and purchase of fixed equipment or facilities as 
necessary to carry out the agricultural research programs of the 
Department of Agriculture, where not otherwise provided, $74,297,000 to 
remain available until expended, of which $56,697,000 shall be for the 
purposes, and in the amounts, specified for this account in the table 
titled ``Community Project Funding/Congressionally Directed Spending'' 
in the explanatory statement described in section 4 (in the matter 
preceding division A of this consolidated Act).

[[Page 136 STAT. 4467]]

               National Institute of Food and Agriculture

                    research and education activities

    For payments to agricultural experiment stations, for cooperative 
forestry and other research, for facilities, and for other expenses, 
$1,094,121,000 which shall be for the purposes, and in the amounts, 
specified in the table titled ``National Institute of Food and 
Agriculture, Research and Education Activities'' in the explanatory 
statement described in section 4 (in the matter preceding division A of 
this consolidated Act):  Provided, That funds for research grants for 
1994 institutions, education grants for 1890 institutions, Hispanic 
serving institutions education grants, capacity building for non-land-
grant colleges of agriculture, the agriculture and food research 
initiative, veterinary medicine loan repayment, multicultural scholars, 
graduate fellowship and institution challenge grants, grants management 
systems, tribal colleges education equity grants, and scholarships at 
1890 institutions shall remain available until expended:  Provided 
further, That each institution eligible to receive funds under the 
Evans-Allen program receives no less than $1,000,000:  Provided 
further, <<NOTE: Grants. Alaska. Hawaii.>> That funds for education 
grants for Alaska Native and Native Hawaiian-serving institutions be 
made available to individual eligible institutions or consortia of 
eligible institutions with funds awarded equally to each of the States 
of Alaska and Hawaii:  Provided further, That funds for providing grants 
for food and agricultural sciences for Alaska Native and Native 
Hawaiian-Serving institutions and for Insular Areas shall remain 
available until September 30, 2024:  Provided further, That funds for 
education grants for 1890 institutions shall be made available to 
institutions eligible to receive funds under 7 U.S.C. 3221 and 3222:  
Provided further, That not more than 5 percent of the amounts made 
available by this or any other Act to carry out the Agriculture and Food 
Research Initiative under 7 U.S.C. 3157 may be retained by the Secretary 
of Agriculture to pay administrative costs incurred by the Secretary in 
carrying out that authority.

               native american institutions endowment fund

    For the Native American Institutions Endowment Fund authorized by 
Public Law 103-382 (7 U.S.C. 301 note), $11,880,000, to remain available 
until expended.

                          extension activities

    For payments to States, the District of Columbia, Puerto Rico, Guam, 
the Virgin Islands, Micronesia, the Northern Marianas, and American 
Samoa, $565,410,000 which shall be for the purposes, and in the amounts, 
specified in the table titled ``National Institute of Food and 
Agriculture, Extension Activities'' in the explanatory statement 
described in section 4 (in the matter preceding division A of this 
consolidated Act):  Provided, That funds for extension services at 1994 
institutions and for facility improvements at 1890 institutions shall 
remain available until expended:  Provided further, That institutions 
eligible to receive funds under 7 U.S.C. 3221 for cooperative extension 
receive no less than $1,000,000:  Provided further, That funds for 
cooperative extension under sections 3(b) and (c) of the Smith-Lever Act 
(7 U.S.C. 343(b) and (c)) and section

[[Page 136 STAT. 4468]]

208(c) of Public Law 93-471 shall be available for retirement and 
employees' compensation costs for extension agents.

                          integrated activities

    For the integrated research, education, and extension grants 
programs, including necessary administrative expenses, $41,500,000, 
which shall be for the purposes, and in the amounts, specified in the 
table titled ``National Institute of Food and Agriculture, Integrated 
Activities'' in the explanatory statement described in section 4 (in the 
matter preceding division A of this consolidated Act):  Provided, That 
funds for the Food and Agriculture Defense Initiative shall remain 
available until September 30, 2024:  Provided further, That 
notwithstanding any other provision of law, indirect costs shall not be 
charged against any Extension Implementation Program Area grant awarded 
under the Crop Protection/Pest Management Program (7 U.S.C. 7626).

   Office of the Under Secretary for Marketing and Regulatory Programs

    For necessary expenses of the Office of the Under Secretary for 
Marketing and Regulatory Programs, $1,617,000:  Provided, That funds 
made available by this Act to an agency in the Marketing and Regulatory 
Programs mission area for salaries and expenses are available to fund up 
to one administrative support staff for the Office.

               Animal and Plant Health Inspection Service

                          salaries and expenses

                     (including transfers of funds)

    For necessary expenses of the Animal and Plant Health Inspection 
Service, including up to $30,000 for representation allowances and for 
expenses pursuant to the Foreign Service Act of 1980 (22 U.S.C. 4085), 
$1,171,071,000 of which up to $9,552,000 shall be for the purposes, and 
in the amounts, specified for this account in the table titled 
``Community Project Funding/Congressionally Directed Spending'' in the 
explanatory statement described in section 4 (in the matter preceding 
division A of this consolidated Act); of which $514,000, to remain 
available until expended, shall be available for the control of 
outbreaks of insects, plant diseases, animal diseases and for control of 
pest animals and birds (``contingency fund'') to the extent necessary to 
meet emergency conditions; of which $15,450,000, to remain available 
until expended, shall be used for the cotton pests program, including 
for cost share purposes or for debt retirement for active eradication 
zones; of which $39,183,000, to remain available until expended, shall 
be for Animal Health Technical Services; of which $4,096,000 shall be 
for activities under the authority of the Horse Protection Act of 1970, 
as amended (15 U.S.C. 1831); of which $64,930,000, to remain available 
until expended, shall be used to support avian health; of which 
$4,251,000, to remain available until expended, shall be for information 
technology infrastructure; of which $216,117,000, to remain available 
until expended, shall be for specialty crop pests, of which $8,500,000, 
to remain available until

[[Page 136 STAT. 4469]]

September 30, 2024, shall be for one-time control and management and 
associated activities directly related to the multiple-agency response 
to citrus greening; of which, $14,986,000, to remain available until 
expended, shall be for field crop and rangeland ecosystem pests; of 
which $21,567,000, to remain available until expended, shall be for 
zoonotic disease management; of which $44,067,000, to remain available 
until expended, shall be for emergency preparedness and response; of 
which $62,562,000, to remain available until expended, shall be for tree 
and wood pests; of which $6,500,000, to remain available until expended, 
shall be for the National Veterinary Stockpile; of which up to 
$1,500,000, to remain available until expended, shall be for the scrapie 
program for indemnities; of which $2,500,000, to remain available until 
expended, shall be for the wildlife damage management program for 
aviation safety:  Provided, That of amounts available under this heading 
for wildlife services methods development, $1,000,000 shall remain 
available until expended:  Provided further, That of amounts available 
under this heading for the screwworm program, $4,990,000 shall remain 
available until expended; of which $24,527,000, to remain available 
until expended, shall be used to carry out the science program and 
transition activities for the National Bio and Agro-defense Facility 
located in Manhattan, Kansas:  Provided further, That 
no <<NOTE: Brucellosis eradication.>> funds shall be used to formulate 
or administer a brucellosis eradication program for the current fiscal 
year that does not require minimum matching by the States of at least 40 
percent:  Provided further, That this appropriation shall be available 
for the purchase, replacement, operation, and maintenance of aircraft:  
Provided further, That in addition, in emergencies which threaten any 
segment of the agricultural production industry of the United States, 
the Secretary may transfer from other appropriations or funds available 
to the agencies or corporations of the Department such sums as may be 
deemed necessary, to be available only in such emergencies for the 
arrest and eradication of contagious or infectious disease or pests of 
animals, poultry, or plants, and for expenses in accordance with 
sections 10411 and 10417 of the Animal Health Protection Act (7 U.S.C. 
8310 and 8316) and sections 431 and 442 of the Plant Protection Act (7 
U.S.C. 7751 and 7772), and any unexpended balances of funds transferred 
for such emergency purposes in the preceding fiscal year shall be merged 
with such transferred amounts:  Provided further, That appropriations 
hereunder shall be available pursuant to law (7 U.S.C. 2250) for the 
repair and alteration of leased buildings and improvements, but unless 
otherwise provided the cost of altering any one building during the 
fiscal year shall not exceed 10 percent of the current replacement value 
of the building.

     <<NOTE: Fees. Reimbursement.>> In fiscal year 2023, the agency is 
authorized to collect fees to cover the total costs of providing 
technical assistance, goods, or services requested by States, other 
political subdivisions, domestic and international organizations, 
foreign governments, or individuals, provided that such fees are 
structured such that any entity's liability for such fees is reasonably 
based on the technical assistance, goods, or services provided to the 
entity by the agency, and such fees shall be reimbursed to this account, 
to remain available until expended, without further appropriation, for 
providing such assistance, goods, or services.

[[Page 136 STAT. 4470]]

                        buildings and facilities

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

                     Agricultural Marketing Service

                           marketing services

    For necessary expenses of the Agricultural Marketing Service, 
$237,695,000, of which $7,504,000 shall be available for the purposes of 
section 12306 of Public Law 113-79, and of which $1,000,000 shall be 
available for the purposes of section 779 of division A of Public Law 
117-103:  Provided, That of the amounts made available under this 
heading, $25,000,000, to remain available until expended, shall be to 
carry out section 12513 of Public Law 115-334, of which $23,000,000 
shall be for dairy business innovation initiatives established in Public 
Law 116-6 and the Secretary shall take measures to ensure an equal 
distribution of funds between these three regional innovation 
initiatives:  Provided further, That this appropriation shall be 
available pursuant to law (7 U.S.C. 2250) for the alteration and repair 
of buildings and improvements, but the cost of altering any one building 
during the fiscal year shall not exceed 10 percent of the current 
replacement value of the building.
     <<NOTE: Fees.>> Fees may be collected for the cost of 
standardization activities, as established by regulation pursuant to law 
(31 U.S.C. 9701), except for the cost of activities relating to the 
development or maintenance of grain standards under the United States 
Grain Standards Act, 7 U.S.C. 71 et seq.

                  limitation on administrative expenses

    Not to exceed $62,596,000 (from fees collected) shall be obligated 
during the current fiscal year for administrative expenses:  
Provided, <<NOTE: Notification.>> That if crop size is understated and/
or other uncontrollable events occur, the agency may exceed this 
limitation by up to 10 percent with notification to the Committees on 
Appropriations of both Houses of Congress.

    funds for strengthening markets, income, and supply (section 32)

                     (including transfers of funds)

    Funds available under section 32 of the Act of August 24, 1935 (7 
U.S.C. 612c), shall be used only for commodity program expenses as 
authorized therein, and other related operating expenses, except for: 
(1) transfers to the Department of Commerce as authorized by the Fish 
and Wildlife Act of 1956 (16 U.S.C. 742a et seq.); (2) transfers 
otherwise provided in this Act; and (3) not more than $21,501,000 for 
formulation and administration of marketing agreements and orders 
pursuant to the Agricultural Marketing Agreement Act of 1937 and the 
Agricultural Act of 1961 (Public Law 87-128).

[[Page 136 STAT. 4471]]

                   payments to states and possessions

    For payments to departments of agriculture, bureaus and departments 
of markets, and similar agencies for marketing activities under section 
204(b) of the Agricultural Marketing Act of 1946 (7 U.S.C. 1623(b)), 
$1,235,000.

         limitation on inspection and weighing services expenses

    Not to exceed $55,000,000 (from fees collected) shall be obligated 
during the current fiscal year for inspection and weighing services:  
Provided, <<NOTE: Notification.>> That if grain export activities 
require additional supervision and oversight, or other uncontrollable 
factors occur, this limitation may be exceeded by up to 10 percent with 
notification to the Committees on Appropriations of both Houses of 
Congress.

              Office of the Under Secretary for Food Safety

    For necessary expenses of the Office of the Under Secretary for Food 
Safety, $1,117,000:  Provided, That funds made available by this Act to 
an agency in the Food Safety mission area for salaries and expenses are 
available to fund up to one administrative support staff for the Office.

                   Food Safety and Inspection Service

    For necessary expenses to carry out services authorized by the 
Federal Meat Inspection Act, the Poultry Products Inspection Act, and 
the Egg Products Inspection Act, including not to exceed $10,000 for 
representation allowances and for expenses pursuant to section 8 of the 
Act approved August 3, 1956 (7 U.S.C. 1766), $1,158,266,000; and in 
addition, $1,000,000 may be credited to this account from fees collected 
for the cost of laboratory accreditation as authorized by section 1327 
of the Food, Agriculture, Conservation and Trade Act of 1990 (7 U.S.C. 
138f):  Provided, That funds provided for the Public Health Data 
Communication Infrastructure system shall remain available until 
expended:  Provided further, That <<NOTE: Employment positions.>>  no 
fewer than 148 full-time equivalent positions shall be employed during 
fiscal year 2023 for purposes dedicated solely to inspections and 
enforcement related to the Humane Methods of Slaughter Act (7 U.S.C. 
1901 et seq.):  Provided further, <<NOTE: Continuation.>>  That the Food 
Safety and Inspection Service shall continue implementation of section 
11016 of Public Law 110-246 as further clarified by the amendments made 
in section 12106 of Public Law 113-79:  Provided further, That this 
appropriation shall be available pursuant to law (7 U.S.C. 2250) for the 
alteration and repair of buildings and improvements, but the cost of 
altering any one building during the fiscal year shall not exceed 10 
percent of the current replacement value of the building.

[[Page 136 STAT. 4472]]

                                TITLE II

                FARM PRODUCTION AND CONSERVATION PROGRAMS

   Office of the Under Secretary for Farm Production and Conservation

    For necessary expenses of the Office of the Under Secretary for Farm 
Production and Conservation, $1,727,000:  Provided, That funds made 
available by this Act to an agency in the Farm Production and 
Conservation mission area for salaries and expenses are available to 
fund up to one administrative support staff for the Office.

            Farm Production and Conservation Business Center

                          salaries and expenses

                     (including transfers of funds)

    For necessary expenses of the Farm Production and Conservation 
Business Center, $248,684,000:  Provided, That $60,228,000 of amounts 
appropriated for the current fiscal year pursuant to section 1241(a) of 
the Farm Security and Rural Investment Act of 1985 (16 U.S.C. 3841(a)) 
shall be transferred to and merged with this account.

                           Farm Service Agency

                          salaries and expenses

                     (including transfers of funds)

    For necessary expenses of the Farm Service Agency, $1,215,307,000, 
of which not less than $15,000,000 shall be for the hiring of new 
employees to fill vacancies and anticipated vacancies at Farm Service 
Agency county offices and farm loan officers and shall be available 
until September 30, 2024:  Provided, <<NOTE: Notification. Expenditure 
plan. Cost estimate. Review. Approval.>>  That not more than 50 percent 
of the funding made available under this heading for information 
technology related to farm program delivery may be obligated until the 
Secretary submits to the Committees on Appropriations of both Houses of 
Congress, and receives written or electronic notification of receipt 
from such Committees of, a plan for expenditure that (1) identifies for 
each project/investment over $25,000 (a) the functional and performance 
capabilities to be delivered and the mission benefits to be realized, 
(b) the estimated lifecycle cost for the entirety of the project/
investment, including estimates for development as well as maintenance 
and operations, and (c) key milestones to be met; (2) demonstrates that 
each project/investment is, (a) consistent with the Farm Service Agency 
Information Technology Roadmap, (b) being managed in accordance with 
applicable lifecycle management policies and guidance, and (c) subject 
to the applicable Department's capital planning and investment control 
requirements; and (3) has been reviewed by the Government Accountability 
Office and approved by the Committees <<NOTE: Reports. Assessment.>> on 
Appropriations of both Houses of Congress:  Provided further, That the 
agency shall submit a report by the end of the

[[Page 136 STAT. 4473]]

fourth quarter of fiscal year 2023 to the Committees on Appropriations 
and the Government Accountability Office, that identifies for each 
project/investment that is operational (a) current performance against 
key indicators of customer satisfaction, (b) current performance of 
service level agreements or other technical metrics, (c) current 
performance against a pre-established cost baseline, (d) a detailed 
breakdown of current and planned spending on operational enhancements or 
upgrades, and (e) an assessment of whether the investment continues to 
meet business needs as intended as well as alternatives to the 
investment:  Provided further, That the Secretary is authorized to use 
the services, facilities, and authorities (but not the funds) of the 
Commodity Credit Corporation to make program payments for all programs 
administered by the Agency:  Provided further, That other funds made 
available to the Agency for authorized activities may be advanced to and 
merged with this account:  Provided further, That of the amount 
appropriated under this heading, $696,594,000 shall be made available to 
county committees, to remain available until expended:  Provided 
further, That, notwithstanding the preceding proviso, any funds made 
available to county committees in the current fiscal year that the 
Administrator of the Farm Service Agency deems to exceed or not meet the 
amount needed for the county committees may be transferred to or from 
the Farm Service Agency for necessary expenses:  Provided further, That 
none of the funds available to the Farm Service Agency shall be used to 
close Farm Service Agency county offices:  Provided 
further, <<NOTE: Notification. Advance approval.>> That none of the 
funds available to the Farm Service Agency shall be used to permanently 
relocate county based employees that would result in an office with two 
or fewer employees without prior notification and approval of the 
Committees on Appropriations of both Houses of Congress.

                         state mediation grants

    For grants pursuant to section 502(b) of the Agricultural Credit Act 
of 1987, as amended (7 U.S.C. 5101-5106), $7,000,000.

               grassroots source water protection program

    For necessary expenses to carry out wellhead or groundwater 
protection activities under section 1240O of the Food Security Act of 
1985 (16 U.S.C. 3839bb-2), $7,500,000, to remain available until 
expended.

                         dairy indemnity program

                      (including transfer of funds)

    For necessary expenses involved in making indemnity payments to 
dairy farmers and manufacturers of dairy products under a dairy 
indemnity program, such sums as may be necessary, to remain available 
until expended:  Provided, That such program is carried out by the 
Secretary in the same manner as the dairy indemnity program described in 
the Agriculture, Rural Development, Food and Drug Administration, and 
Related Agencies Appropriations Act, 2001 (Public Law 106-387, 114 Stat. 
1549A-12).

[[Page 136 STAT. 4474]]

            geographically disadvantaged farmers and ranchers

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

           agricultural credit insurance fund program account

                     (including transfers of funds)

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

    For the cost of direct and guaranteed loans and grants, including 
the cost of modifying loans as defined in section 502 of the 
Congressional Budget Act of 1974, as follows: $249,000 for emergency 
loans, to remain available until expended; and $23,520,000 for direct 
farm operating loans, $11,228,000 for unsubsidized guaranteed farm 
operating loans, $10,983,000 for the relending program, and $894,000 for 
Indian highly fractionated land loans.
    In addition, for administrative expenses necessary to carry out the 
direct and guaranteed loan programs, $326,461,000:  Provided, That of 
this amount, $305,803,000 shall be transferred to and merged with the 
appropriation for ``Farm Service Agency, Salaries and Expenses''.
    Funds appropriated by this Act to the Agricultural Credit Insurance 
Program Account for farm ownership, operating and conservation direct 
loans and guaranteed loans may be transferred among these programs:  
Provided, <<NOTE: Notification. Time period.>> That the Committees on 
Appropriations of both Houses of Congress are notified at least 15 days 
in advance of any transfer.

                         Risk Management Agency

                          salaries and expenses

    For necessary expenses of the Risk Management Agency, $66,870,000:  
Provided, That $1,000,000 of the amount appropriated under this heading 
in this Act shall be available for compliance and integrity activities 
required under section 516(b)(2)(C) of the Federal Crop Insurance Act of 
1938 (7 U.S.C. 1516(b)(2)(C)), and

[[Page 136 STAT. 4475]]

shall be in addition to amounts otherwise provided for such purpose:  
Provided further, That not to exceed $1,000 shall be available for 
official reception and representation expenses, as authorized by 7 
U.S.C. 1506(i).

                 Natural Resources Conservation Service

                         conservation operations

    For necessary expenses for carrying out the provisions of the Act of 
April 27, 1935 (16 U.S.C. 590a-f), including preparation of conservation 
plans and establishment of measures to conserve soil and water 
(including farm irrigation and land drainage and such special measures 
for soil and water management as may be necessary to prevent floods and 
the siltation of reservoirs and to control agricultural related 
pollutants); operation of conservation plant materials centers; 
classification and mapping of soil; dissemination of information; 
acquisition of lands, water, and interests therein for use in the plant 
materials program by donation, exchange, or purchase at a nominal cost 
not to exceed $100 pursuant to the Act of August 3, 1956 (7 U.S.C. 
2268a); purchase and erection or alteration or improvement of permanent 
and temporary buildings; and operation and maintenance of aircraft, 
$941,124,000, to remain available until September 30, 2024, of which up 
to $22,973,000 shall be for the purposes, and in the amounts, specified 
for this account in the table titled ``Community Project Funding/
Congressionally Directed Spending'' in the explanatory statement 
described in section 4 (in the matter preceding division A of this 
consolidated Act):  Provided further, That appropriations hereunder 
shall be available pursuant to 7 U.S.C. 2250 for construction and 
improvement of buildings and public improvements at plant materials 
centers, except that the cost of alterations and improvements to other 
buildings and other public improvements shall not exceed $250,000:  
Provided further, That when buildings or other structures are erected on 
non-Federal land, that the right to use such land is obtained as 
provided in 7 U.S.C. 2250a.

                watershed and flood prevention operations

    For necessary expenses to carry out preventive measures, including 
but not limited to surveys and investigations, engineering operations, 
works of improvement, and changes in use of land, in accordance with the 
Watershed Protection and Flood Prevention Act (16 U.S.C. 1001-1005 and 
1007-1009) and in accordance with the provisions of laws relating to the 
activities of the Department, $75,000,000, to remain available until 
expended, of which up to $20,591,000 shall be for the purposes, and in 
the amounts, specified for this account in the table titled ``Community 
Project Funding/Congressionally Directed Spending'' in the explanatory 
statement described in section 4 (in the matter preceding division A of 
this consolidated Act):  Provided, <<NOTE: Applicability.>> That for 
funds provided by this Act or any other prior Act, the limitation 
regarding the size of the watershed or subwatershed exceeding two 
hundred and fifty thousand acres in which such activities can be 
undertaken shall only apply for activities undertaken for the primary 
purpose of flood prevention (including structural and land treatment 
measures):  Provided further, That of the amounts made available under 
this heading, $10,000,000 shall be allocated to projects and activities

[[Page 136 STAT. 4476]]

that can commence promptly following enactment; that address regional 
priorities for flood prevention, agricultural water management, 
inefficient irrigation systems, fish and wildlife habitat, or watershed 
protection; or that address authorized ongoing projects under the 
authorities of section 13 of the Flood Control Act of December 22, 1944 
(Public Law 78-534) with a primary purpose of watershed protection by 
preventing floodwater damage and stabilizing stream channels, 
tributaries, and banks to reduce erosion and sediment transport:  
Provided further, That of the amounts made available under this heading, 
$10,000,000 shall remain available until expended for the authorities 
under 16 U.S.C. 1001-1005 and 1007-1009 for authorized ongoing watershed 
projects with a primary purpose of providing water to rural communities.

                    watershed rehabilitation program

    Under the authorities of section 14 of the Watershed Protection and 
Flood Prevention Act, $2,000,000 is provided.

                     healthy forests reserve program

    For necessary expenses to carry out the Healthy Forests Reserve 
Program under the Healthy Forests Restoration Act of 2003 (16 U.S.C. 
6571-6578), $7,000,000, to remain available until expended.

               urban agriculture and innovative production

    For necessary expenses to carry out the Urban Agriculture and 
Innovative Production Program under section 222 of subtitle A of the 
Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 6923), as 
added by section 12302 of Public Law 115-334, $8,500,000.

CORPORATIONS <<NOTE: Contracts.>> 

    The following corporations and agencies are hereby authorized to 
make expenditures, within the limits of funds and borrowing authority 
available to each such corporation or agency and in accord with law, and 
to make contracts and commitments without regard to fiscal year 
limitations as provided by section 104 of the Government Corporation 
Control Act as may be necessary in carrying out the programs set forth 
in the budget for the current fiscal year for such corporation or 
agency, except as hereinafter provided.

                 Federal Crop Insurance Corporation Fund

    For payments as authorized by section 516 of the Federal Crop 
Insurance Act (7 U.S.C. 1516), such sums as may be necessary, to remain 
available until expended.

                    Commodity Credit Corporation Fund

                  reimbursement for net realized losses

                     (including transfers of funds)

    For the current fiscal year, such sums as may be necessary to 
reimburse the Commodity Credit Corporation for net realized

[[Page 136 STAT. 4477]]

losses sustained, but not previously reimbursed, pursuant to section 2 
of the Act of August 17, 1961 (15 U.S.C. 713a-11):  Provided, That of 
the funds available to the Commodity Credit Corporation under section 11 
of the Commodity Credit Corporation Charter Act (15 U.S.C. 714i) for the 
conduct of its business with the Foreign Agricultural Service, up to 
$5,000,000 may be transferred to and used by the Foreign Agricultural 
Service for information resource management activities of the Foreign 
Agricultural Service that are not related to Commodity Credit 
Corporation business:  Provided further, <<NOTE: Notification. Time 
period.>> That the Secretary shall notify the Committees on 
Appropriations of the House and Senate in writing 15 days prior to the 
obligation or commitment of any emergency funds from the Commodity 
Credit Corporation.

                       hazardous waste management

                        (limitation on expenses)

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

                                TITLE III

                       RURAL DEVELOPMENT PROGRAMS

           Office of the Under Secretary for Rural Development

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

                            Rural Development

                          salaries and expenses

                     (including transfers of funds)

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

[[Page 136 STAT. 4478]]

this heading may be used for advertising and promotional activities that 
support Rural Development programs:  Provided further, That in addition 
to any other funds appropriated for purposes authorized by section 
502(i) of the Housing Act of 1949 (42 U.S.C. 1472(i)), any amounts 
collected under such section, as amended by this Act, will immediately 
be credited to this account and will remain available until expended for 
such purposes.

                          Rural Housing Service

              rural housing insurance fund program account

                     (including transfers of funds)

    For gross obligations for the principal amount of direct and 
guaranteed loans as authorized by title V of the Housing Act of 1949, to 
be available from funds in the rural housing insurance fund, as follows: 
$1,250,000,000 shall be for direct loans, $7,500,000 shall be for a 
Single Family Housing Relending demonstration program for Native 
American Tribes, and $30,000,000,000 shall be for unsubsidized 
guaranteed loans; $28,000,000 for section 504 housing repair loans; 
$70,000,000 for section 515 rental housing; $400,000,000 for section 538 
guaranteed multi-family housing loans; $10,000,000 for credit sales of 
single family housing acquired property; $5,000,000 for section 523 
self-help housing land development loans; and $5,000,000 for section 524 
site development loans.
    For the cost of direct and guaranteed loans, including the cost of 
modifying loans, as defined in section 502 of the Congressional Budget 
Act of 1974, as follows: section 502 loans, $46,375,000 shall be for 
direct loans; Single Family Housing Relending demonstration program for 
Native American Tribes, $2,468,000; section 504 housing repair loans, 
$2,324,000; section 523 self-help housing land development loans, 
$267,000; section 524 site development loans, $208,000; and repair, 
rehabilitation, and new construction of section 515 rental housing, 
$13,377,000:  Provided, <<NOTE: Fees.>> That to support the loan program 
level for section 538 guaranteed loans made available under this heading 
the Secretary may charge or adjust any fees to cover the projected cost 
of such loan guarantees pursuant to the provisions of the Credit Reform 
Act of 1990 (2 U.S.C. 661 et seq.), and the interest on such loans may 
not be subsidized:  Provided further, That applicants in communities 
that have a current rural area waiver under section 541 of the Housing 
Act of 1949 (42 U.S.C. 1490q) shall be treated as living in a rural area 
for purposes of section 502 guaranteed loans provided under this 
heading:  Provided further, <<NOTE: Deadline.>> That of the amounts 
available under this paragraph for section 502 direct loans, no less 
than $5,000,000 shall be available for direct loans for individuals 
whose homes will be built pursuant to a program funded with a mutual and 
self-help housing grant authorized by section 523 of the Housing Act of 
1949 until June 1, 2023:  Provided 
further, <<NOTE: Incentives. Determination.>>  That the Secretary shall 
implement provisions to provide incentives to nonprofit organizations 
and public housing authorities to facilitate the acquisition of Rural 
Housing Service (RHS) multifamily housing properties by such nonprofit 
organizations and public housing authorities that commit to keep such 
properties in the RHS multifamily housing program for a period of time 
as determined by the Secretary, with such incentives to include, but not 
be limited

[[Page 136 STAT. 4479]]

to, the following: allow such nonprofit entities and public housing 
authorities to earn a Return on Investment on their own resources to 
include proceeds from low income housing tax credit syndication, own 
contributions, grants, and developer loans at favorable rates and terms, 
invested in a deal; and allow reimbursement of organizational costs 
associated with owner's oversight of asset referred to as ``Asset 
Management Fee'' of up to $7,500 per property.

    In addition, for the cost of direct loans and grants, including the 
cost of modifying loans, as defined in section 502 of the Congressional 
Budget Act of 1974, $36,000,000, to remain available until expended, for 
a demonstration program for the preservation and revitalization of the 
sections 514, 515, and 516 multi-family rental housing properties to 
restructure existing USDA multi-family housing loans, as the Secretary 
deems appropriate, expressly for the purposes of ensuring the project 
has sufficient resources to preserve the project for the purpose of 
providing safe and affordable housing for low-income residents and farm 
laborers including reducing or eliminating interest; deferring loan 
payments, subordinating, reducing or re-amortizing loan debt; and other 
financial assistance including advances, payments and incentives 
(including the ability of owners to obtain reasonable returns on 
investment) required by the Secretary:  
Provided, <<NOTE: Contracts.>> That the Secretary shall, as part of the 
preservation and revitalization agreement, obtain a restrictive use 
agreement consistent with the terms of the restructuring.

    In addition, for the cost of direct loans, grants, and contracts, as 
authorized by sections 514 and 516 of the Housing Act of 1949 (42 U.S.C. 
1484, 1486), $14,084,000, to remain available until expended, for direct 
farm labor housing loans and domestic farm labor housing grants and 
contracts.
    In addition, for administrative expenses necessary to carry out the 
direct and guaranteed loan programs, $412,254,000 shall be paid to the 
appropriation for ``Rural Development, Salaries and Expenses''.

rental assistance program <<NOTE: Time periods.>> 

    For rental assistance agreements entered into or renewed pursuant to 
the authority under section 521(a)(2) of the Housing Act of 1949 or 
agreements entered into in lieu of debt forgiveness or payments for 
eligible households as authorized by section 502(c)(5)(D) of the Housing 
Act of 1949, $1,487,926,000, and in addition such sums as may be 
necessary, as authorized by section 521(c) of the Act, to liquidate debt 
incurred prior to fiscal year 1992 to carry out the rental assistance 
program under section 521(a)(2) of the Act:  Provided, That rental 
assistance agreements entered into or renewed during the current fiscal 
year shall be funded for a one-year period:  Provided further, That upon 
request by an owner of a project financed by an existing loan under 
section 514 or 515 of the Act, the Secretary may renew the rental 
assistance agreement for a period of 20 years or until the term of such 
loan has expired, subject to annual appropriations:  Provided further, 
That any unexpended balances remaining at the end of such one-year 
agreements may be transferred and used for purposes of any debt 
reduction, maintenance, repair, or rehabilitation of any existing 
projects; preservation; and rental assistance activities authorized 
under title V of the Act:  Provided further, That rental assistance

[[Page 136 STAT. 4480]]

provided under agreements entered into prior to fiscal year 2023 for a 
farm labor multi-family housing project financed under section 514 or 
516 of the Act may not be recaptured for use in another project until 
such assistance has remained unused for a period of 12 consecutive 
months, if such project has a waiting list of tenants seeking such 
assistance or the project has rental assistance eligible tenants who are 
not receiving such assistance:  Provided 
further, <<NOTE: Applicability.>>  That such recaptured rental 
assistance shall, to the extent practicable, be applied to another farm 
labor multi-family housing project financed under section 514 or 516 of 
the Act:  Provided further, <<NOTE: Determination.>>  That except as 
provided in the fourth proviso under this heading and notwithstanding 
any other provision of the Act, the Secretary may recapture rental 
assistance provided under agreements entered into prior to fiscal year 
2023 for a project that the Secretary determines no longer needs rental 
assistance and use such recaptured funds for current needs.

                      rural housing voucher account

    For the rural housing voucher program as authorized under section 
542 of the Housing Act of 1949, but notwithstanding subsection (b) of 
such section, $48,000,000, to remain available until expended:  
Provided, That the funds made available under this heading shall be 
available for rural housing vouchers to any low-income household 
(including those not receiving rental assistance) residing in a property 
financed with a section 515 loan which has been prepaid or otherwise 
paid off after September 30, 2005:  Provided further, That the amount of 
such voucher shall be the difference between comparable market rent for 
the section 515 unit and the tenant paid rent for such unit:  Provided 
further, That funds made available for such vouchers shall be subject to 
the availability of annual appropriations:  Provided 
further, <<NOTE: Applicability.>>  That the Secretary shall, to the 
maximum extent practicable, administer such vouchers with current 
regulations and administrative guidance applicable to section 8 housing 
vouchers administered by the Secretary of the Department of Housing and 
Urban Development:  Provided further, That in addition to any other 
available funds, the Secretary may expend not more than $1,000,000 
total, from the program funds made available under this heading, for 
administrative expenses for activities funded under this heading.

                   mutual and self-help housing grants

    For grants and contracts pursuant to section 523(b)(1)(A) of the 
Housing Act of 1949 (42 U.S.C. 1490c), $32,000,000, to remain available 
until expended.

                     rural housing assistance grants

    For grants for very low-income housing repair and rural housing 
preservation made by the Rural Housing Service, as authorized by 42 
U.S.C. 1474, and 1490m, $48,000,000, to remain available until expended.

[[Page 136 STAT. 4481]]

               rural community facilities program account

                     (including transfers of funds)

    For gross obligations for the principal amount of direct and 
guaranteed loans as authorized by section 306 and described in section 
381E(d)(1) of the Consolidated Farm and Rural Development Act, 
$2,800,000,000 for direct loans and $650,000,000 for guaranteed loans.
    For the cost of direct loans, loan guarantees and grants, including 
the cost of modifying loans, as defined in section 502 of the 
Congressional Budget Act of 1974, for rural community facilities 
programs as authorized by section 306 and described in section 
381E(d)(1) of the Consolidated Farm and Rural Development Act, 
$341,490,328, to remain available until expended, of which up to 
$325,490,328 shall be for the purposes, and in the amounts, specified 
for this account in the table titled ``Community Project Funding/
Congressionally Directed Spending'' in the explanatory statement 
described in section 4 (in the matter preceding division A of this 
consolidated Act):  Provided, That $6,000,000 of the amount appropriated 
under this heading shall be available for a Rural Community Development 
Initiative:  Provided further, That such funds shall be used solely to 
develop the capacity and ability of private, nonprofit community-based 
housing and community development organizations, low-income rural 
communities, and Federally Recognized Native American Tribes to 
undertake projects to improve housing, community facilities, community 
and economic development projects in rural areas:  Provided further, 
That such funds shall be made available to qualified private, nonprofit 
and public intermediary organizations proposing to carry out a program 
of financial and technical assistance:  Provided further, That such 
intermediary organizations shall provide matching funds from other 
sources, including Federal funds for related activities, in an amount 
not less than funds provided:  Provided 
further, <<NOTE: Loans. Grants.>>  That any unobligated balances from 
prior year appropriations under this heading for the cost of direct 
loans, loan guarantees and grants, including amounts deobligated or 
cancelled, may be made available to cover the subsidy costs for direct 
loans and or loan guarantees under this heading in this fiscal year:  
Provided further, That no amounts may be made available pursuant to the 
preceding proviso from amounts that were designated by the Congress as 
an emergency requirement pursuant to a Concurrent Resolution on the 
Budget or the Balanced Budget and Emergency Deficit Control Act of 1985, 
or that were specified in the table titled ``Community Project Funding/
Congressionally Directed Spending'' in the explanatory statement for 
division A of Public Law 117-103 described in section 4 in the matter 
preceding such division A:  Provided further, That $10,000,000 of the 
amount appropriated under this heading shall be available for community 
facilities grants to tribal colleges, as authorized by section 
306(a)(19) of such Act:  Provided further, That sections 381E-H and 381N 
of the Consolidated Farm and Rural Development Act are not applicable to 
the funds made available under this heading.

[[Page 136 STAT. 4482]]

                   Rural Business--Cooperative Service

                     rural business program account

    For the cost of loan guarantees and grants, for the rural business 
development programs authorized by section 310B and described in 
subsections (a), (c), (f) and (g) of section 310B of the Consolidated 
Farm and Rural Development Act, $86,520,000, to remain available until 
expended:  Provided, That of the amount appropriated under this heading, 
not to exceed $500,000 shall be made available for one grant to a 
qualified national organization to provide technical assistance for 
rural transportation in order to promote economic development and 
$9,000,000 shall be for grants to the Delta Regional Authority (7 U.S.C. 
2009aa et seq.), the Northern Border Regional Commission (40 U.S.C. 
15101 et seq.), and the Appalachian Regional Commission (40 U.S.C. 14101 
et seq.) for any Rural Community Advancement Program purpose as 
described in section 381E(d) of the Consolidated Farm and Rural 
Development Act, of which not more than 5 percent may be used for 
administrative expenses:  Provided further, That $4,000,000 of the 
amount appropriated under this heading shall be for business grants to 
benefit Federally Recognized Native American Tribes, including $250,000 
for a grant to a qualified national organization to provide technical 
assistance for rural transportation in order to promote economic 
development:  Provided further, That of the amount appropriated under 
this heading, $2,000,000 shall be for the Rural Innovation Stronger 
Economy Grant Program (7 U.S.C. 2008w):  Provided further, That sections 
381E-H and 381N of the Consolidated Farm and Rural Development Act are 
not applicable to funds made available under this heading.

               intermediary relending program fund account

                      (including transfer of funds)

    For the principal amount of direct loans, as authorized by the 
Intermediary Relending Program Fund Account (7 U.S.C. 1936b), 
$18,889,000.
    For the cost of direct loans, $3,313,000, as authorized by the 
Intermediary Relending Program Fund Account (7 U.S.C. 1936b), of which 
$331,000 shall be available through June 30, 2023, for Federally 
Recognized Native American Tribes; and of which $663,000 shall be 
available through June 30, 2023, for Mississippi Delta Region counties 
(as determined in accordance with Public Law 100-460):  Provided, That 
such costs, including the cost of modifying such loans, shall be as 
defined in section 502 of the Congressional Budget Act of 1974.
    In addition, for administrative expenses to carry out the direct 
loan programs, $4,468,000 shall be paid to the appropriation for ``Rural 
Development, Salaries and Expenses''.

            rural economic development loans program account

    For the principal amount of direct loans, as authorized under 
section 313B(a) of the Rural Electrification Act, for the purpose of 
promoting rural economic development and job creation projects, 
$75,000,000.

[[Page 136 STAT. 4483]]

    The cost of grants authorized under section 313B(a) of the Rural 
Electrification Act, for the purpose of promoting rural economic 
development and job creation projects shall not exceed $15,000,000.

                  rural cooperative development grants

    For rural cooperative development grants authorized under section 
310B(e) of the Consolidated Farm and Rural Development Act (7 U.S.C. 
1932), $28,300,000, of which $3,500,000 shall be for cooperative 
agreements for the appropriate technology transfer for rural areas 
program:  Provided, That not to exceed $3,000,000 shall be for grants 
for cooperative development centers, individual cooperatives, or groups 
of cooperatives that serve socially disadvantaged groups and a majority 
of the boards of directors or governing boards of which are comprised of 
individuals who are members of socially disadvantaged groups; and of 
which $16,000,000, to remain available until expended, shall be for 
value-added agricultural product market development grants, as 
authorized by section 210A of the Agricultural Marketing Act of 1946, of 
which $3,000,000, to remain available until expended, shall be for 
Agriculture Innovation Centers authorized pursuant to section 6402 of 
Public Law 107-171.

               rural microentrepreneur assistance program

    For the principal amount of direct loans as authorized by section 
379E of the Consolidated Farm and Rural Development Act (7 U.S.C. 
2008s), $25,000,000.
    For the cost of loans and grants, $6,000,000 under the same terms 
and conditions as authorized by section 379E of the Consolidated Farm 
and Rural Development Act (7 U.S.C. 2008s).

                    rural energy for america program

    For the principal amount of loan guarantees, under the same terms 
and conditions as authorized by section 9007 of the Farm Security and 
Rural Investment Act of 2002 (7 U.S.C. 8107), $20,000,000.
    For the cost of a program of loan guarantees, under the same terms 
and conditions as authorized by section 9007 of the Farm Security and 
Rural Investment Act of 2002 (7 U.S.C. 8107), $18,000:  
Provided, <<NOTE: Loans.>> That the cost of loan guarantees, including 
the cost of modifying such loans, shall be as defined in section 502 of 
the Congressional Budget Act of 1974.

                    healthy food financing initiative

    For the cost of loans and grants that is consistent with section 243 
of subtitle D of title II of the Department of Agriculture 
Reorganization Act of 1994 (7 U.S.C. 6953), as added by section 4206 of 
the Agricultural Act of 2014, for necessary expenses of the Secretary to 
support projects that provide access to healthy food in underserved 
areas, to create and preserve quality jobs, and to revitalize low-income 
communities, $3,000,000, to remain available until expended:  
Provided, <<NOTE: Loans.>> That such costs of loans, including the cost 
of modifying such loans, shall be as defined in section 502 of the 
Congressional Budget Act of 1974.

[[Page 136 STAT. 4484]]

                         Rural Utilities Service

             rural water and waste disposal program account

                     (including transfers of funds)

    For gross obligations for the principal amount of direct and 
guaranteed loans as authorized by section 306 and described in section 
381E(d)(2) of the Consolidated Farm and Rural Development Act, as 
follows: $1,420,000,000 for direct loans; and $50,000,000 for guaranteed 
loans.
    For the cost of loan guarantees and grants, including the cost of 
modifying loans, as defined in section 502 of the Congressional Budget 
Act of 1974, for rural water, waste water, waste disposal, and solid 
waste management programs authorized by sections 306, 306A, 306C, 306D, 
306E, and 310B and described in sections 306C(a)(2), 306D, 306E, and 
381E(d)(2) of the Consolidated Farm and Rural Development Act, 
$596,404,000, to remain available until expended, of which not to exceed 
$1,000,000 shall be available for the rural utilities program described 
in section 306(a)(2)(B) of such Act, and of which not to exceed 
$5,000,000 shall be available for the rural utilities program described 
in section 306E of such Act:  Provided, That not to exceed $15,000,000 
of the amount appropriated under this heading shall be for grants 
authorized by section 306A(i)(2) of the Consolidated Farm and Rural 
Development Act in addition to funding authorized by section 306A(i)(1) 
of such Act:  Provided further, That $70,000,000 of the amount 
appropriated under this heading shall be for loans and grants including 
water and waste disposal systems grants authorized by section 
306C(a)(2)(B) and section 306D of the Consolidated Farm and Rural 
Development Act, and Federally Recognized Native American Tribes 
authorized by 306C(a)(1) of such Act:  Provided further, That funding 
provided for section 306D of the Consolidated Farm and Rural Development 
Act may be provided to a consortium formed pursuant to section 325 of 
Public Law 105-83:  Provided further, <<NOTE: Alaska.>> That not more 
than 2 percent of the funding provided for section 306D of the 
Consolidated Farm and Rural Development Act may be used by the State of 
Alaska for training and technical assistance programs and not more than 
2 percent of the funding provided for section 306D of the Consolidated 
Farm and Rural Development Act may be used by a consortium formed 
pursuant to section 325 of Public Law 105-83 for training and technical 
assistance programs:  Provided further, <<NOTE: Determination.>>  That 
not to exceed $37,500,000 of the amount appropriated under this heading 
shall be for technical assistance grants for rural water and waste 
systems pursuant to section 306(a)(14) of such Act, unless the Secretary 
makes a determination of extreme need, of which $8,500,000 shall be made 
available for a grant to a qualified nonprofit multi-State regional 
technical assistance organization, with experience in working with small 
communities on water and waste water problems, the principal purpose of 
such grant shall be to assist rural communities with populations of 
3,300 or less, in improving the planning, financing, development, 
operation, and management of water and waste water systems, and of which 
not less than $800,000 shall be for a qualified national Native American 
organization to provide technical assistance for rural water systems for 
tribal communities:  Provided further, That not to exceed $21,180,000 of 
the amount appropriated

[[Page 136 STAT. 4485]]

under this heading shall be for contracting with qualified national 
organizations for a circuit rider program to provide technical 
assistance for rural water systems:  Provided further, That not to 
exceed $4,000,000 of the amounts made available under this heading shall 
be for solid waste management grants:  Provided further, That not to 
exceed $2,724,000 of the amounts appropriated under this heading shall 
be available as the Secretary deems appropriate for water and waste 
direct one percent loans for distressed communities:  Provided 
further, <<NOTE: Determination.>>  That if the Secretary determines that 
any portion of the amount made available for one percent loans is not 
needed for such loans, the Secretary may use such amounts for grants 
authorized by section 306(a)(2) of the Consolidated Farm and Rural 
Development Act:  Provided further, That if any funds made available for 
the direct loan subsidy costs remain unobligated after July 31, 2024, 
such unobligated balances may be used for grant programs funded under 
this heading:  Provided further, That $10,000,000 of the amount 
appropriated under this heading shall be transferred to, and merged 
with, the Rural Utilities Service, High Energy Cost Grants Account to 
provide grants authorized under section 19 of the Rural Electrification 
Act of 1936 (7 U.S.C. 918a):  Provided further, That sections 381E-H and 
381N of the Consolidated Farm and Rural Development Act are not 
applicable to the funds made available under this heading.

   rural electrification and telecommunications loans program account

                      (including transfer of funds)

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

[[Page 136 STAT. 4486]]

shall be paid to the appropriation for ``Rural Development, Salaries and 
Expenses''.

         distance learning, telemedicine, and broadband program

    For grants for telemedicine and distance learning services in rural 
areas, as authorized by 7 U.S.C. 950aaa et seq., $64,991,000, to remain 
available until expended, of which up to $4,991,000 shall be for the 
purposes, and in the amounts, specified for this account in the table 
titled ``Community Project Funding/Congressionally Directed Spending'' 
in the explanatory statement described in section 4 (in the matter 
preceding division A of this consolidated Act):  Provided, That 
$3,000,000 shall be made available for grants authorized by section 379G 
of the Consolidated Farm and Rural Development Act:  Provided 
further, <<NOTE: Grants.>>  That funding provided under this heading for 
grants under section 379G of the Consolidated Farm and Rural Development 
Act may only be provided to entities that meet all of the eligibility 
criteria for a consortium as established by this section.

    For the cost of broadband loans, as authorized by sections 601 and 
602 of the Rural Electrification Act, $3,000,000, to remain available 
until expended:  Provided, That the cost of direct loans shall be as 
defined in section 502 of the Congressional Budget Act of 1974.
    For the cost to continue a broadband loan and grant pilot program 
established by section 779 of division A of the Consolidated 
Appropriations Act, 2018 (Public Law 115-141) under the Rural 
Electrification Act of 1936, as amended (7 U.S.C. 901 et seq.), 
$363,512,317, to remain available until expended, of which up to 
$15,512,317 shall be for the purposes, and in the amounts, specified for 
this account in the table titled ``Community Project Funding/
Congressionally Directed Spending'' in the explanatory statement 
described in section 4 (in the matter preceding division A of this 
consolidated Act):  Provided, <<NOTE: Grants.>>  That the Secretary may 
award grants described in section 601(a) of the Rural Electrification 
Act of 1936, as amended (7 U.S.C. 950bb(a)) for the purposes of carrying 
out such pilot program:  Provided further, That the cost of direct loans 
shall be defined in section 502 of the Congressional Budget Act of 1974: 
 Provided further, That at least 90 percent of the households to be 
served by a project receiving a loan or grant under the pilot program 
shall be in a rural area without sufficient access to broadband:  
Provided further, That for purposes of such pilot program, a rural area 
without sufficient access to broadband shall be defined as twenty-five 
megabits per second downstream and three megabits per second upstream:  
Provided further, That to the extent possible, projects receiving funds 
provided under the pilot program must build out service to at least one 
hundred megabits per second downstream, and twenty megabits per second 
upstream:  Provided further, That an entity to which a loan or grant is 
made under the pilot program shall not use the loan or grant to 
overbuild or duplicate broadband service in a service area by any entity 
that has received a broadband loan from the Rural Utilities Service 
unless such service is not provided sufficient access to broadband at 
the minimum service threshold:  Provided further, That not more than 
four percent of the funds made available in this paragraph can be used 
for administrative costs to carry out the pilot program and up to three 
percent of funds made

[[Page 136 STAT. 4487]]

available in this paragraph may be available for technical assistance 
and pre-development planning activities to support the most rural 
communities:  Provided further, That the Rural Utilities Service is 
directed to expedite program delivery methods that would implement this 
paragraph:  Provided further, <<NOTE: Requirements.>>  That for purposes 
of this paragraph, the Secretary shall adhere to the notice, reporting 
and service area assessment requirements set forth in section 701 of the 
Rural Electrification Act (7 U.S.C. 950cc).

    In addition, $35,000,000, to remain available until expended, for 
the Community Connect Grant Program authorized by 7 U.S.C. 950bb-3.

                                TITLE IV

                         DOMESTIC FOOD PROGRAMS

Office of the Under Secretary for Food, Nutrition, and Consumer Services

    For necessary expenses of the Office of the Under Secretary for 
Food, Nutrition, and Consumer Services, $1,376,000:  Provided, That 
funds made available by this Act to an agency in the Food, Nutrition and 
Consumer Services mission area for salaries and expenses are available 
to fund up to one administrative support staff for the Office.

                       Food and Nutrition Service

                        child nutrition programs

                     (including transfers of funds)

    For necessary expenses to carry out the Richard B. Russell National 
School Lunch Act (42 U.S.C. 1751 et seq.), except section 21, and the 
Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.), except sections 17 
and 21; $28,545,432,000 to remain available through September 30, 2024, 
of which such sums as are made available under section 14222(b)(1) of 
the Food, Conservation, and Energy Act of 2008 (Public Law 110-246), as 
amended by this Act, shall be merged with and available for the same 
time period and purposes as provided herein:  Provided, That of the 
total amount available, $20,162,000 shall be available to carry out 
section 19 of the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.):  
Provided further, That of the total amount available, $21,005,000 shall 
be available to carry out studies and evaluations and shall remain 
available until expended:  Provided further, That of the total amount 
available, $14,000,000 shall remain available until expended to carry 
out section 18(g) of the Richard B. Russell National School Lunch Act 
(42 U.S.C. 1769(g)):  Provided further, That notwithstanding section 
18(g)(3)(C) of the Richard B. Russell National School Lunch Act (42 
U.S.C. 1769(g)(3)(c)), the total grant amount provided to a farm to 
school grant recipient in fiscal year 2023 shall not exceed $500,000:  
Provided further, That of the total amount available, $30,000,000 shall 
be available to provide competitive grants to State agencies for 
subgrants to local educational agencies and schools to purchase the 
equipment, with a value of greater than $1,000, needed to serve 
healthier meals, improve food safety, and to help support the 
establishment, maintenance,

[[Page 136 STAT. 4488]]

or expansion of the school breakfast program:  Provided further, That of 
the total amount available, $40,000,000 shall remain available until 
expended to carry out section 749(g) of the Agriculture Appropriations 
Act of 2010 (Public Law 111-80):  Provided further, That of the total 
amount available, $2,000,000 shall remain available until expended to 
carry out activities authorized under subsections (a)(2) and (e)(2) of 
section 21 of the Richard B. Russell National School Lunch Act (42 
U.S.C. 1769b-1(a)(2) and (e)(2)):  Provided further, That of the total 
amount available, $3,000,000 shall be available until September 30, 2024 
to carry out section 23 of the Child Nutrition Act of 1966 (42 U.S.C. 
1793), of which $1,000,000 shall be for grants under such section to the 
Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana 
Islands, the United States Virgin Islands, Guam, and American Samoa:  
Provided further, That section 26(d) of the Richard B. Russell National 
School Lunch Act (42 U.S.C. 1769g(d)) is amended in the first sentence 
by striking ``2010 through 2023'' and inserting ``2010 through 2024'':  
Provided further, That section 9(h)(3) of the Richard B. Russell 
National School Lunch Act (42 U.S.C. 1758(h)(3)) is amended in the first 
sentence by striking ``For fiscal year 2022'' and inserting ``For fiscal 
year 2023'':  Provided further, That section 9(h)(4) of the Richard B. 
Russell National School Lunch Act (42 U.S.C. 1758(h)(4)) is amended in 
the first sentence by striking ``For fiscal year 2022'' and inserting 
``For fiscal year 2023''.

special supplemental nutrition program for women, infants, and children 
                                  (wic)

    For necessary expenses to carry out the special supplemental 
nutrition program as authorized by section 17 of the Child Nutrition Act 
of 1966 (42 U.S.C. 1786), $6,000,000,000, to remain available through 
September 30, 2024:  Provided, That notwithstanding section 17(h)(10) of 
the Child Nutrition Act of 1966 (42 U.S.C. 1786(h)(10)), not less than 
$90,000,000 shall be used for breastfeeding peer counselors and other 
related activities, and $14,000,000 shall be used for infrastructure:  
Provided further, That the Secretary shall use funds made available 
under this heading to increase the amount of a cash-value voucher for 
women and children participants to an amount recommended by the National 
Academies of Science, Engineering and Medicine and adjusted for 
inflation:  Provided further, That none of the funds provided in this 
account shall be available for the purchase of infant formula except in 
accordance with the cost containment and competitive bidding 
requirements specified in section 17 of such Act:  Provided further, 
That none of the funds provided shall be available for activities that 
are not fully reimbursed by other Federal Government departments or 
agencies unless authorized by section 17 of such Act:  Provided 
further, <<NOTE: Waiver authority.>> That upon termination of a 
federally mandated vendor moratorium and subject to terms and conditions 
established by the Secretary, the Secretary may waive the requirement at 
7 CFR 246.12(g)(6) at the request of a State agency.

                supplemental nutrition assistance program

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

[[Page 136 STAT. 4489]]

such times as may become necessary to carry out program operations:  
Provided, That funds provided herein shall be expended in accordance 
with section 16 of the Food and Nutrition Act of 2008:  Provided 
further, That of the funds made available under this heading, $998,000 
may be used to provide nutrition education services to State agencies 
and Federally Recognized Tribes participating in the Food Distribution 
Program on Indian Reservations:  Provided further, That of the funds 
made available under this heading, $3,000,000, to remain available until 
September 30, 2024, shall be used to carry out section 4003(b) of Public 
Law 115-334 relating to demonstration projects for tribal organizations: 
 Provided further, <<NOTE: Workfare requirements.>>  That this 
appropriation shall be subject to any work registration or workfare 
requirements as may be required by law:  Provided further, That funds 
made available for Employment and Training under this heading shall 
remain available through September 30, 2024:  Provided further, That 
funds made available under this heading for section 28(d)(1), section 
4(b), and section 27(a) of the Food and Nutrition Act of 2008 shall 
remain available through September 30, 2024:  Provided further, That 
none of the funds made available under this heading may be obligated or 
expended in contravention of section 213A of the Immigration and 
Nationality Act (8 U.S.C. 1183A):  Provided 
further, <<NOTE: Contracts. Studies. Evaluations.>>  That funds made 
available under this heading may be used to enter into contracts and 
employ staff to conduct studies, evaluations, or to conduct activities 
related to program integrity provided that such activities are 
authorized by the Food and Nutrition Act of 2008.

                      commodity assistance program

    For necessary expenses to carry out disaster assistance and the 
Commodity Supplemental Food Program as authorized by section 4(a) of the 
Agriculture and Consumer Protection Act of 1973 (7 U.S.C. 612c note); 
the Emergency Food Assistance Act of 1983; special assistance for the 
nuclear affected islands, as authorized by section 103(f)(2) of the 
Compact of Free Association Amendments Act of 2003 (Public Law 108-188); 
and the Farmers' Market Nutrition Program, as authorized by section 
17(m) of the Child Nutrition Act of 1966, $457,710,000, to remain 
available through September 30, 2024:  Provided, That none of these 
funds shall be available to reimburse the Commodity Credit Corporation 
for commodities donated to the program:  Provided further, That 
notwithstanding any other provision of law, effective with funds made 
available in fiscal year 2023 to support the Seniors Farmers' Market 
Nutrition Program, as authorized by section 4402 of the Farm Security 
and Rural Investment Act of 2002, such funds shall remain available 
through September 30, 2024:  Provided further, That of the funds made 
available under section 27(a) of the Food and Nutrition Act of 2008 (7 
U.S.C. 2036(a)), the Secretary may use up to 20 percent for costs 
associated with the distribution of commodities.

                    nutrition programs administration

    For necessary administrative expenses of the Food and Nutrition 
Service for carrying out any domestic nutrition assistance program, 
$189,348,000:  Provided, That of the funds provided herein, $2,000,000 
shall be used for the purposes of section 4404 of Public Law 107-171, as 
amended by section 4401 of Public Law 110-246.

[[Page 136 STAT. 4490]]

                                 TITLE V

                 FOREIGN ASSISTANCE AND RELATED PROGRAMS

Office of the Under Secretary for Trade and Foreign Agricultural Affairs

    For necessary expenses of the Office of the Under Secretary for 
Trade and Foreign Agricultural Affairs, $932,000:  Provided, That funds 
made available by this Act to any agency in the Trade and Foreign 
Agricultural Affairs mission area for salaries and expenses are 
available to fund up to one administrative support staff for the Office.

                      office of codex alimentarius

    For necessary expenses of the Office of Codex Alimentarius, 
$4,922,000, including not to exceed $40,000 for official reception and 
representation expenses.

                      Foreign Agricultural Service

                          salaries and expenses

                     (including transfers of funds)

    For necessary expenses of the Foreign Agricultural Service, 
including not to exceed $250,000 for representation allowances and for 
expenses pursuant to section 8 of the Act approved August 3, 1956 (7 
U.S.C. 1766), $237,330,000, of which no more than 6 percent shall remain 
available until September 30, 2024, for overseas operations to include 
the payment of locally employed staff:  
Provided, <<NOTE: Reimbursement.>>  That the Service may utilize 
advances of funds, or reimburse this appropriation for expenditures made 
on behalf of Federal agencies, public and private organizations and 
institutions under agreements executed pursuant to the agricultural food 
production assistance programs (7 U.S.C. 1737) and the foreign 
assistance programs of the United States Agency for International 
Development:  Provided further, That funds made available for middle-
income country training programs, funds made available for the Borlaug 
International Agricultural Science and Technology Fellowship program, 
and up to $2,000,000 of the Foreign Agricultural Service appropriation 
solely for the purpose of offsetting fluctuations in international 
currency exchange rates, subject to documentation by the Foreign 
Agricultural Service, shall remain available until expended.

                     food for peace title ii grants

    For expenses during the current fiscal year, not otherwise 
recoverable, and unrecovered prior years' costs, including interest 
thereon, under the Food for Peace Act (Public Law 83-480), for 
commodities supplied in connection with dispositions abroad under title 
II of said Act, $1,750,000,000, to remain available until expended.

[[Page 136 STAT. 4491]]

   mcgovern-dole international food for education and child nutrition 
                             program grants

    For necessary expenses to carry out the provisions of section 3107 
of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 1736o-
1), $243,331,000, to remain available until expended:  
Provided, <<NOTE: Reimbursement.>>  That the Commodity Credit 
Corporation is authorized to provide the services, facilities, and 
authorities for the purpose of implementing such section, subject to 
reimbursement from amounts provided herein:  Provided further, That of 
the amount made available under this heading, not more than 10 percent, 
but not less than $24,300,000, shall remain available until expended to 
purchase agricultural commodities as described in subsection 3107(a)(2) 
of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 1736o-
1(a)(2)).

  commodity credit corporation export (loans) credit guarantee program 
                                 account

                     (including transfers of funds)

    For administrative expenses to carry out the Commodity Credit 
Corporation's Export Guarantee Program, GSM 102 and GSM 103, $6,063,000, 
to cover common overhead expenses as permitted by section 11 of the 
Commodity Credit Corporation Charter Act and in conformity with the 
Federal Credit Reform Act of 1990, which shall be transferred to and 
merged with the appropriation for ``Foreign Agricultural Service, 
Salaries and Expenses''.

                                TITLE VI

             RELATED AGENCY AND FOOD AND DRUG ADMINISTRATION

                 Department of Health and Human Services

                      food and drug administration

                          salaries and expenses

                     (including transfers of funds)

    For necessary expenses of the Food and Drug Administration, 
including hire and purchase of passenger motor vehicles; for payment of 
space rental and related costs pursuant to Public Law 92-313 for 
programs and activities of the Food and Drug Administration which are 
included in this Act; for rental of special purpose space in the 
District of Columbia or elsewhere; in addition to amounts appropriated 
to the FDA Innovation Account, for carrying out the activities described 
in section 1002(b)(4) of the 21st Century Cures Act (Public Law 114-
255); for miscellaneous and emergency expenses of enforcement 
activities, authorized and approved by the Secretary and to be accounted 
for solely on the Secretary's certificate, not to exceed $25,000; and 
notwithstanding section 521 of Public Law 107-188; $6,562,793,000:  
Provided, That of the amount provided under this heading, $1,310,319,000 
shall be derived from prescription drug user fees authorized by 21 
U.S.C. 379h, and shall be credited to this account and remain available 
until expended; $324,777,000 shall be derived from medical device

[[Page 136 STAT. 4492]]

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

[[Page 136 STAT. 4493]]

paid to the General Services Administration for rent; (9) $236,166,000 
shall be for payments to the General Services Administration for rent; 
and (10) $359,782,000 shall be for other activities, including the 
Office of the Commissioner of Food and Drugs, the Office of Food Policy 
and Response, the Office of Operations, the Office of the Chief 
Scientist, and central services for these offices:  Provided 
further, <<NOTE: Determination.>>  That not to exceed $25,000 of this 
amount shall be for official reception and representation expenses, not 
otherwise provided for, as determined by the Commissioner:  Provided 
further, That any transfer of funds pursuant to, and for the 
administration of, section 770(n) of the Federal Food, Drug, and 
Cosmetic Act (21 U.S.C. 379dd(n)) shall only be from amounts made 
available under this heading for other activities and shall not exceed 
$2,000,000:  Provided further, That of the amounts that are made 
available under this heading for ``other activities'', and that are not 
derived from user fees, $1,500,000 shall be transferred to and merged 
with the appropriation for ``Department of Health and Human Services--
Office of Inspector General'' for oversight of the programs and 
operations of the Food and Drug Administration and shall be in addition 
to funds otherwise made available for oversight of the Food and Drug 
Administration:  Provided further, That <<NOTE: Advance 
approval.>> funds may be transferred from one specified activity to 
another with the prior approval of the Committees on Appropriations of 
both Houses of Congress.

     <<NOTE: Fees.>> In addition, mammography user fees authorized by 42 
U.S.C. 263b, export certification user fees authorized by 21 U.S.C. 381, 
priority review user fees authorized by 21 U.S.C. 360n and 360ff, food 
and feed recall fees, food reinspection fees, and voluntary qualified 
importer program fees authorized by 21 U.S.C. 379j-31, outsourcing 
facility fees authorized by 21 U.S.C. 379j-62, prescription drug 
wholesale distributor licensing and inspection fees authorized by 21 
U.S.C. 353(e)(3), third-party logistics provider licensing and 
inspection fees authorized by 21 U.S.C. 360eee-3(c)(1), third-party 
auditor fees authorized by 21 U.S.C. 384d(c)(8), medical countermeasure 
priority review voucher user fees authorized by 21 U.S.C. 360bbb-4a, and 
fees relating to over-the-counter monograph drugs authorized by 21 
U.S.C. 379j-72 shall be credited to this account, to remain available 
until expended.

                        buildings and facilities

    For plans, construction, repair, improvement, extension, alteration, 
demolition, and purchase of fixed equipment or facilities of or used by 
the Food and Drug Administration, where not otherwise provided, 
$12,788,000, to remain available until expended.

                    fda innovation account, cures act

                      (including transfer of funds)

    For necessary expenses to carry out the purposes described under 
section 1002(b)(4) of the 21st Century Cures Act, in addition to amounts 
available for such purposes under the heading ``Salaries and Expenses'', 
$50,000,000, to remain available until expended:  Provided, That amounts 
appropriated in this paragraph are appropriated pursuant to section 
1002(b)(3) of the 21st Century Cures Act, are to be derived from amounts 
transferred under section

[[Page 136 STAT. 4494]]

1002(b)(2)(A) of such Act, and may be transferred by the Commissioner of 
Food and Drugs to the appropriation for ``Department of Health and Human 
Services Food and Drug Administration Salaries and Expenses'' solely for 
the purposes provided in such Act:  Provided 
further, <<NOTE: Determination.>>  That upon a determination by the 
Commissioner that funds transferred pursuant to the previous proviso are 
not necessary for the purposes provided, such amounts may be transferred 
back to the account:  Provided further, That such transfer authority is 
in addition to any other transfer authority provided by law.

                           INDEPENDENT AGENCY

                       Farm Credit Administration

                  limitation on administrative expenses

    Not to exceed $88,500,000 (from assessments collected from farm 
credit institutions, including the Federal Agricultural Mortgage 
Corporation) shall be obligated during the current fiscal year for 
administrative expenses as authorized under 12 U.S.C. 2249:  Provided, 
That this limitation shall not apply to expenses associated with 
receiverships:  Provided further, <<NOTE: Notification.>>  That the 
agency may exceed this limitation by up to 10 percent with notification 
to the Committees on Appropriations of both Houses of Congress:  
Provided further, That the purposes of section 3.7(b)(2)(A)(i) of the 
Farm Credit Act of 1971 (12 U.S.C. 2128(b)(2)(A)(i)), the Farm Credit 
Administration may exempt, an amount in its sole discretion, from the 
application of the limitation provided in that clause of export loans 
described in the clause guaranteed or insured in a manner other than 
described in subclause (II) of the clause.

                                TITLE VII

                           GENERAL PROVISIONS

             (including rescissions and transfers of funds)

    Sec. 701.  The Secretary may use any appropriations made available 
to the Department of Agriculture in this Act to purchase new passenger 
motor vehicles, in addition to specific appropriations for this purpose, 
so long as the total number of vehicles purchased in fiscal year 2023 
does not exceed the number of vehicles owned or leased in fiscal year 
2018:  Provided, <<NOTE: Determination.>>  That, prior to purchasing 
additional motor vehicles, the Secretary must determine that such 
vehicles are necessary for transportation safety, to reduce operational 
costs, and for the protection of life, property, and public safety:  
Provided further, <<NOTE: Notification. Approval. Deadline.>>  That the 
Secretary may not increase the Department of Agriculture's fleet above 
the 2018 level unless the Secretary notifies in writing, and receives 
approval from, the Committees on Appropriations of both Houses of 
Congress within 30 days of the notification.

    Sec. 702. <<NOTE: Advance approvals. Notifications.>>   
Notwithstanding any other provision of this Act, the Secretary of 
Agriculture may transfer unobligated balances of discretionary funds 
appropriated by this Act or any other available unobligated 
discretionary balances that are remaining available of the Department of 
Agriculture to the Working Capital Fund for the acquisition of property, 
plant and equipment and for the

[[Page 136 STAT. 4495]]

improvement, delivery, and implementation of Department financial, and 
administrative information technology services, and other support 
systems necessary for the delivery of financial, administrative, and 
information technology services, including cloud adoption and migration, 
of primary benefit to the agencies of the Department of Agriculture, 
such transferred funds to remain available until expended:  Provided, 
That none of the funds made available by this Act or any other Act shall 
be transferred to the Working Capital Fund without the prior approval of 
the agency administrator:  Provided further, That none of the funds 
transferred to the Working Capital Fund pursuant to this section shall 
be available for obligation without written notification to and the 
prior approval of the Committees on Appropriations of both Houses of 
Congress:  Provided further, That none of the funds appropriated by this 
Act or made available to the Department's Working Capital Fund shall be 
available for obligation or expenditure to make any changes to the 
Department's National Finance Center without written notification to and 
prior approval of the Committees on Appropriations of both Houses of 
Congress as required by section 716 of this Act:  Provided further, That 
none of the funds appropriated by this Act or made available to the 
Department's Working Capital Fund shall be available for obligation or 
expenditure to initiate, plan, develop, implement, or make any changes 
to remove or relocate any systems, missions, personnel, or functions of 
the offices of the Chief Financial Officer and the Chief Information 
Officer, co-located with or from the National Finance Center prior to 
written notification to and prior approval of the Committee on 
Appropriations of both Houses of Congress and in accordance with the 
requirements of section 716 of this Act:  Provided further, That the 
National Finance Center Information Technology Services Division 
personnel and data center management responsibilities, and control of 
any functions, missions, and systems for current and future human 
resources management and integrated personnel and payroll systems (PPS) 
and functions provided by the Chief Financial Officer and the Chief 
Information Officer shall remain in the National Finance Center and 
under the management responsibility and administrative control of the 
National Finance Center:  Provided further, That the Secretary of 
Agriculture and the offices of the Chief Financial Officer shall 
actively market to existing and new Departments and other government 
agencies National Finance Center shared services including, but not 
limited to, payroll, financial management, and human capital shared 
services and allow the National Finance Center to perform technology 
upgrades:  Provided further, That of annual income amounts in the 
Working Capital Fund of the Department of Agriculture attributable to 
the amounts in excess of the true costs of the shared services provided 
by the National Finance Center and budgeted for the National Finance 
Center, the Secretary shall reserve not more than 4 percent for the 
replacement or acquisition of capital equipment, including equipment for 
the improvement, delivery, and implementation of financial, 
administrative, and information technology services, and other systems 
of the National Finance Center or to pay any unforeseen, extraordinary 
cost of the National Finance Center:  Provided further, That none of the 
amounts reserved shall be available for obligation unless the Secretary 
submits written notification of the obligation to the Committees on 
Appropriations of both Houses of Congress:  Provided 
further, <<NOTE: Determination.>>  That the limitations on the 
obligation

[[Page 136 STAT. 4496]]

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

    Sec. 703.  No part of any appropriation contained in this Act shall 
remain available for obligation beyond the current fiscal year unless 
expressly so provided herein.
    Sec. 704. <<NOTE: Contracts.>>   No funds appropriated by this Act 
may be used to pay negotiated indirect cost rates on cooperative 
agreements or similar arrangements between the United States Department 
of Agriculture and nonprofit institutions in excess of 10 percent of the 
total direct cost of the agreement when the purpose of such cooperative 
arrangements is to carry out programs of mutual interest between the two 
parties. This does not preclude appropriate payment of indirect costs on 
grants and contracts with such institutions when such indirect costs are 
computed on a similar basis for all agencies for which appropriations 
are provided in this Act.

    Sec. 705.  Appropriations to the Department of Agriculture for the 
cost of direct and guaranteed loans made available in the current fiscal 
year shall remain available until expended to disburse obligations made 
in the current fiscal year for the following accounts: the Rural 
Development Loan Fund program account, the Rural Electrification and 
Telecommunication Loans program account, and the Rural Housing Insurance 
Fund program account.
    Sec. 706. <<NOTE: Determination. Approvals.>>  None of the funds 
made available to the Department of Agriculture by this Act may be used 
to acquire new information technology systems or significant upgrades, 
as determined by the Office of the Chief Information Officer, without 
the approval of the Chief Information Officer and the concurrence of the 
Executive Information Technology Investment Review Board:  
Provided, <<NOTE: Notification.>>  That notwithstanding any other 
provision of law, none of the funds appropriated or otherwise made 
available by this Act may be transferred to the Office of the Chief 
Information Officer without written notification to and the prior 
approval of the Committees on Appropriations of both Houses of Congress: 
 Provided further, That notwithstanding section 11319 of title 40, 
United States Code, none of the funds available to the Department of 
Agriculture for information technology shall be obligated for projects, 
contracts, or other agreements over $25,000 prior to receipt of written 
approval by the Chief Information Officer:  Provided further, That the 
Chief Information Officer may authorize an agency to obligate funds 
without written approval from the Chief Information Officer for 
projects, contracts, or other agreements up to $250,000 based upon the 
performance of an agency measured against the performance plan 
requirements described in the explanatory statement accompanying Public 
Law 113-235.

    Sec. 707.  Funds made available under section 524(b) of the Federal 
Crop Insurance Act (7 U.S.C. 1524(b)) in the current fiscal year shall 
remain available until expended to disburse obligations made in the 
current fiscal year.
    Sec. 708.  Notwithstanding any other provision of law, any former 
Rural Utilities Service borrower that has repaid or prepaid an insured, 
direct or guaranteed loan under the Rural Electrification Act of 1936, 
or any not-for-profit utility that is eligible to receive an insured or 
direct loan under such Act, shall be eligible for

[[Page 136 STAT. 4497]]

assistance under section 313B(a) of such Act in the same manner as a 
borrower under such Act.
    Sec. 709.  Except as otherwise specifically provided by law, not 
more than $20,000,000 in unobligated balances from appropriations made 
available for salaries and expenses in this Act for the Farm Service 
Agency shall remain available through September 30, 2024, for 
information technology expenses.
    Sec. 710.  None of the funds appropriated or otherwise made 
available by this Act may be used for first-class travel by the 
employees of agencies funded by this Act in contravention of sections 
301-10.122 through 301-10.124 of title 41, Code of Federal Regulations.
    Sec. 711.  In the case of each program established or amended by the 
Agricultural Act of 2014 (Public Law 113-79) or by a successor to that 
Act, other than by title I or subtitle A of title III of such Act, or 
programs for which indefinite amounts were provided in that Act, that is 
authorized or required to be carried out using funds of the Commodity 
Credit Corporation--
            (1) such funds shall be available for salaries and related 
        administrative expenses, including technical assistance, 
        associated with the implementation of the program, without 
        regard to the limitation on the total amount of allotments and 
        fund transfers contained in section 11 of the Commodity Credit 
        Corporation Charter Act (15 U.S.C. 714i); and
            (2) the use of such funds for such purpose shall not be 
        considered to be a fund transfer or allotment for purposes of 
        applying the limitation on the total amount of allotments and 
        fund transfers contained in such section.

    Sec. 712.  Of the funds made available by this Act, not more than 
$2,900,000 shall be used to cover necessary expenses of activities 
related to all advisory committees, panels, commissions, and task forces 
of the Department of Agriculture, except for panels used to comply with 
negotiated rule makings and panels used to evaluate competitively 
awarded grants.
    Sec. 713. <<NOTE: Pornography.>>  (a) None of the funds made 
available in this Act may be used to maintain or establish a computer 
network unless such network blocks the viewing, downloading, and 
exchanging of pornography.

    (b) Nothing in subsection (a) shall limit the use of funds necessary 
for any Federal, State, tribal, or local law enforcement agency or any 
other entity carrying out criminal investigations, prosecution, or 
adjudication activities.
    Sec. 714.  Notwithstanding subsection (b) of section 14222 of Public 
Law 110-246 (7 U.S.C. 612c-6; in this section referred to as ``section 
14222''), none of the funds appropriated or otherwise made available by 
this or any other Act shall be used to pay the salaries and expenses of 
personnel to carry out a program under section 32 of the Act of August 
24, 1935 (7 U.S.C. 612c; in this section referred to as ``section 32'') 
in excess of $1,483,309,000 (exclusive of carryover appropriations from 
prior fiscal years), as follows: Child Nutrition Programs Entitlement 
Commodities--$485,000,000; State Option Contracts--$5,000,000; Removal 
of Defective Commodities--$2,500,000; Administration of section 32 
Commodity Purchases--$37,178,000:  Provided, <<NOTE: Notification. Time 
period.>>  That, of the total funds made available in the matter 
preceding this proviso that remain unobligated on October 1, 2023, such 
unobligated balances shall carryover into fiscal year 2024 and shall 
remain available

[[Page 136 STAT. 4498]]

until expended for any of the purposes of section 32, except that any 
such carryover funds used in accordance with clause (3) of section 32 
may not exceed $350,000,000 and may not be obligated until the Secretary 
of Agriculture provides written notification of the expenditures to the 
Committees on Appropriations of both Houses of Congress at least two 
weeks in advance:  Provided further, That, with the exception of any 
available carryover funds authorized in any prior appropriations Act to 
be used for the purposes of clause (3) of section 32, none of the funds 
appropriated or otherwise made available by this or any other Act shall 
be used to pay the salaries or expenses of any employee of the 
Department of Agriculture to carry out clause (3) of section 32.

    Sec. 715.  None of the funds appropriated by this or any other Act 
shall be used to pay the salaries and expenses of personnel who prepare 
or submit appropriations language as part of the President's budget 
submission to the Congress for programs under the jurisdiction of the 
Appropriations Subcommittees on Agriculture, Rural Development, Food and 
Drug Administration, and Related Agencies that assumes revenues or 
reflects a reduction from the previous year due to user fees proposals 
that have not been enacted into law prior to the submission of the 
budget unless such budget submission identifies which additional 
spending reductions should occur in the event the user fees proposals 
are not enacted prior to the date of the convening of a committee of 
conference for the fiscal year 2024 appropriations Act.
    Sec. 716. <<NOTE: Notifications. Approvals. Time period.>>  (a) None 
of the funds provided by this Act, or provided by previous 
appropriations Acts to the agencies funded by this Act that remain 
available for obligation or expenditure in the current fiscal year, or 
provided from any accounts in the Treasury derived by the collection of 
fees available to the agencies funded by this Act, shall be available 
for obligation or expenditure through a reprogramming, transfer of 
funds, or reimbursements as authorized by the Economy Act, or in the 
case of the Department of Agriculture, through use of the authority 
provided by section 702(b) of the Department of Agriculture Organic Act 
of 1944 (7 U.S.C. 2257) or section 8 of Public Law 89-106 (7 U.S.C. 
2263), that--
            (1) creates new programs;
            (2) eliminates a program, project, or activity;
            (3) increases funds or personnel by any means for any 
        project or activity for which funds have been denied or 
        restricted;
            (4) relocates an office or employees;
            (5) reorganizes offices, programs, or activities; or
            (6) contracts out or privatizes any functions or activities 
        presently performed by Federal employees;

unless the Secretary of Agriculture or the Secretary of Health and Human 
Services (as the case may be) notifies in writing and receives approval 
from the Committees on Appropriations of both Houses of Congress at 
least 30 days in advance of the reprogramming of such funds or the use 
of such authority.
    (b) None of the funds provided by this Act, or provided by previous 
Appropriations Acts to the agencies funded by this Act that remain 
available for obligation or expenditure in the current fiscal year, or 
provided from any accounts in the Treasury derived by the collection of 
fees available to the agencies funded by this Act, shall be available 
for obligation or expenditure for activities, programs, or projects 
through a reprogramming or use of the

[[Page 136 STAT. 4499]]

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

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

unless the agencies funded by this Act notify, in writing, the 
Committees on Appropriations of both Houses of Congress at least 30 days 
in advance of using the funds for these purposes.
    (e) As described in this section, no funds may be used for any 
activities unless the Secretary of Agriculture or the Secretary of 
Health and Human Services receives from the Committee on Appropriations 
of both Houses of Congress written or electronic mail confirmation of 
receipt of the notification as required in this section.
    Sec. 717. <<NOTE: Fees.>>   Notwithstanding section 310B(g)(5) of 
the Consolidated Farm and Rural Development Act (7 U.S.C. 1932(g)(5)), 
the Secretary may assess a one-time fee for any guaranteed business and 
industry loan in an amount that does not exceed 3 percent of the 
guaranteed principal portion of the loan.

    Sec. 718.  None of the funds appropriated or otherwise made 
available to the Department of Agriculture, the Food and Drug 
Administration or the Farm Credit Administration shall be used to 
transmit or otherwise make available reports, questions, or responses to 
questions that are a result of information requested for the 
appropriations hearing process to any non-Department of

[[Page 136 STAT. 4500]]

Agriculture, non-Department of Health and Human Services, or non-Farm 
Credit Administration employee.
    Sec. 719. <<NOTE: News stories. Notification.>>   Unless otherwise 
authorized by existing law, none of the funds provided in this Act, may 
be used by an executive branch agency to produce any prepackaged news 
story intended for broadcast or distribution in the United States unless 
the story includes a clear notification within the text or audio of the 
prepackaged news story that the prepackaged news story was prepared or 
funded by that executive branch agency.

    Sec. 720. <<NOTE: Time period. Reimbursement.>>  No employee of the 
Department of Agriculture may be detailed or assigned from an agency or 
office funded by this Act or any other Act to any other agency or office 
of the Department for more than 60 days in a fiscal year unless the 
individual's employing agency or office is fully reimbursed by the 
receiving agency or office for the salary and expenses of the employee 
for the period of assignment.

    Sec. 721. <<NOTE: Deadline. Spending plan.>>   Not later than 30 
days after the date of enactment of this Act, the Secretary of 
Agriculture, the Commissioner of the Food and Drug Administration and 
the Chairman of the Farm Credit Administration shall submit to the 
Committees on Appropriations of both Houses of Congress a detailed 
spending plan by program, project, and activity for all the funds made 
available under this Act including appropriated user fees, as defined in 
the explanatory statement described in section 4 (in the matter 
preceding division A of this consolidated Act).

    Sec. 722.  None of the funds made available by this Act may be used 
to propose, promulgate, or implement any rule, or take any other action 
with respect to, allowing or requiring information intended for a 
prescribing health care professional, in the case of a drug or 
biological product subject to section 503(b)(1) of the Federal Food, 
Drug, and Cosmetic Act (21 U.S.C. 353(b)(1)), to be distributed to such 
professional electronically (in lieu of in paper form) unless and until 
a Federal law is enacted to allow or require such distribution.
    Sec. 723. <<NOTE: Determination. Prisons and prisoners.>>  For the 
purposes of determining eligibility or level of program assistance for 
Rural Development programs the Secretary shall not include incarcerated 
prison populations.

    Sec. 724. <<NOTE: Loans.>>   For loans and loan guarantees that do 
not require budget authority and the program level has been established 
in this Act, the Secretary of Agriculture may increase the program level 
for such loans and loan guarantees by not more than 25 percent:  
Provided, <<NOTE: Notification. Time period.>>  That prior to the 
Secretary implementing such an increase, the Secretary notifies, in 
writing, the Committees on Appropriations of both Houses of Congress at 
least 15 days in advance.

    Sec. 725. <<NOTE: Notification. Advance approval.>>   None of the 
credit card refunds or rebates transferred to the Working Capital Fund 
pursuant to section 729 of the Agriculture, Rural Development, Food and 
Drug Administration, and Related Agencies Appropriations Act, 2002 (7 
U.S.C. 2235a; Public Law 107-76) shall be available for obligation 
without written notification to, and the prior approval of, the 
Committees on Appropriations of both Houses of Congress:  Provided, That 
the refunds or rebates so transferred shall be available for obligation 
only for the acquisition of property, plant and equipment, including 
equipment for the improvement, delivery, and implementation of 
Departmental financial management, information technology, and other 
support systems necessary for the delivery of financial,

[[Page 136 STAT. 4501]]

administrative, and information technology services, including cloud 
adoption and migration, of primary benefit to the agencies of the 
Department of Agriculture.

    Sec. 726.  None of the funds made available by this Act may be used 
to implement, administer, or enforce the ``variety'' requirements of the 
final rule entitled ``Enhancing Retailer Standards in the Supplemental 
Nutrition Assistance Program (SNAP)'' published by the Department of 
Agriculture in the Federal Register on December 15, 2016 (81 Fed. Reg. 
90675) until the Secretary of Agriculture amends the definition of the 
term ``variety'' as defined in section 278.1(b)(1)(ii)(C) of title 7, 
Code of Federal Regulations, and ``variety'' as applied in the 
definition of the term ``staple food'' as defined in section 271.2 of 
title 7, Code of Federal Regulations, to increase the number of items 
that qualify as acceptable varieties in each staple food category so 
that the total number of such items in each staple food category exceeds 
the number of such items in each staple food category included in the 
final rule as published on December 15, 2016:  
Provided, <<NOTE: Applicability. Effective date.>>  That until the 
Secretary promulgates such regulatory amendments, the Secretary shall 
apply the requirements regarding acceptable varieties and breadth of 
stock to Supplemental Nutrition Assistance Program retailers that were 
in effect on the day before the date of the enactment of the 
Agricultural Act of 2014 (Public Law 113-79).

    Sec. 727.  In carrying out subsection (h) of section 502 of the 
Housing Act of 1949 (42 U.S.C. 1472), the Secretary of Agriculture shall 
have the same authority with respect to loans guaranteed under such 
section and eligible lenders for such loans as the Secretary has under 
subsections (h) and (j) of section 538 of such Act (42 U.S.C. 1490p-2) 
with respect to loans guaranteed under such section 538 and eligible 
lenders for such loans.
    Sec. 728.  None of the funds appropriated or otherwise made 
available by this Act shall be available for the United States 
Department of Agriculture to propose, finalize or implement any 
regulation that would promulgate new user fees pursuant to 31 U.S.C. 
9701 after the date of the enactment of this Act.
    Sec. 729.  Of the unobligated balances from amounts made available 
for the supplemental nutrition program as authorized by section 17 of 
the Child Nutrition Act of 1966 (42 U.S.C. 1786), $315,000,000 are 
hereby rescinded:  Provided, That no amounts may be rescinded from 
amounts that were designated by the Congress as an emergency requirement 
pursuant to a Concurrent Resolution on the Budget or the Balanced Budget 
and Emergency Deficit Control Act of 1985.
    Sec. 730.  Notwithstanding any provision of law that regulates the 
calculation and payment of overtime and holiday pay for FSIS inspectors, 
the Secretary may charge establishments subject to the inspection 
requirements of the Poultry Products Inspection Act, 21 U.S.C. 451 et 
seq., the Federal Meat Inspection Act, 21 U.S.C. 601 et seq, and the Egg 
Products Inspection Act, 21 U.S.C. 1031 et seq., for the cost of 
inspection services provided outside of an establishment's approved 
inspection shifts, and for inspection services provided on Federal 
holidays:  Provided, That any sums charged pursuant to this paragraph 
shall be deemed as overtime pay or holiday pay under section 1001(d) of 
the American Rescue Plan Act of 2021 (Public Law 117-2, 135 Stat. 242):  
Provided further, That sums received by the Secretary under this 
paragraph shall, in addition to other available funds, remain available 
until expended

[[Page 136 STAT. 4502]]

to the Secretary without further appropriation for the purpose of 
funding all costs associated with FSIS inspections.
    Sec. 731. (a) The Secretary of Agriculture shall--
            (1) <<NOTE: Audits. Evaluation.>>  conduct audits in a 
        manner that evaluates the following factors in the country or 
        region being audited, as applicable--
                    (A) veterinary control and oversight;
                    (B) disease history and vaccination practices;
                    (C) livestock demographics and traceability;
                    (D) epidemiological separation from potential 
                sources of infection;
                    (E) surveillance practices;
                    (F) diagnostic laboratory capabilities; and
                    (G) emergency preparedness and response; and
            (2) <<NOTE: Public information. Reports.>>  promptly make 
        publicly available the final reports of any audits or reviews 
        conducted pursuant to subsection (1).

    (b) <<NOTE: Applicability.>>  This section shall be applied in a 
manner consistent with United States obligations under its international 
trade agreements.

    Sec. 732.  In this fiscal year and thereafter, and notwithstanding 
any other provision of law, none of the funds made available by this Act 
may be used to implement section 3.7(f) of the Farm Credit Act of 1971 
in a manner inconsistent with section 343(a)(13) of the Consolidated 
Farm and Rural Development Act.
    Sec. 733.  In this fiscal year and thereafter, and notwithstanding 
any other provision of law, none of the funds made available by this Act 
may be used to carry out any activities or incur any expense related to 
the issuance of licenses under section 3 of the Animal Welfare Act (7 
U.S.C. 2133), or the renewal of such licenses, to class B dealers who 
sell Random Source dogs and cats for use in research, experiments, 
teaching, or testing.
    Sec. 734. <<NOTE: Iron and steel products.>>  (a)(1) No Federal 
funds made available for this fiscal year for the rural water, waste 
water, waste disposal, and solid waste management programs authorized by 
sections 306, 306A, 306C, 306D, 306E, and 310B of the Consolidated Farm 
and Rural Development Act (7 U.S.C. 1926 et seq.) shall be used for a 
project for the construction, alteration, maintenance, or repair of a 
public water or wastewater system unless all of the iron and steel 
products used in the project are produced in the United States.

    (2) <<NOTE: Definition.>>  In this section, the term ``iron and 
steel products'' means the following products made primarily of iron or 
steel: lined or unlined pipes and fittings, manhole covers and other 
municipal castings, hydrants, tanks, flanges, pipe clamps and 
restraints, valves, structural steel, reinforced precast concrete, and 
construction materials.

    (b) Subsection (a) shall not apply in any case or category of cases 
in which the Secretary of Agriculture (in this section referred to as 
the ``Secretary'') or the designee of the Secretary finds that--
            (1) applying subsection (a) would be inconsistent with the 
        public interest;
            (2) iron and steel products are not produced in the United 
        States in sufficient and reasonably available quantities or of a 
        satisfactory quality; or
            (3) inclusion of iron and steel products produced in the 
        United States will increase the cost of the overall project by 
        more than 25 percent.

    (c) <<NOTE: Waiver request. Public information. Records. Time 
period.>>  If the Secretary or the designee receives a request for a 
waiver under this section, the Secretary or the designee shall

[[Page 136 STAT. 4503]]

make available to the public on an informal basis a copy of the request 
and information available to the Secretary or the designee concerning 
the request, and shall allow for informal public input on the request 
for at least 15 days prior to making a finding based on the 
request. <<NOTE: Web posting.>>  The Secretary or the designee shall 
make the request and accompanying information available by electronic 
means, including on the official public Internet Web site of the 
Department.

    (d) <<NOTE: Applicability.>>  This section shall be applied in a 
manner consistent with United States obligations under international 
agreements.

    (e) The Secretary may retain up to 0.25 percent of the funds 
appropriated in this Act for ``Rural Utilities Service--Rural Water and 
Waste Disposal Program Account'' for carrying out the provisions 
described in subsection (a)(1) for management and oversight of the 
requirements of this section.
    (f) Subsection (a) shall not apply with respect to a project for 
which the engineering plans and specifications include use of iron and 
steel products otherwise prohibited by such subsection if the plans and 
specifications have received required approvals from State agencies 
prior to the date of enactment of this Act.
    (g) <<NOTE: Definition.>> For purposes of this section, the terms 
``United States'' and ``State'' shall include each of the several 
States, the District of Columbia, and each Federally recognized Indian 
Tribe.

    Sec. 735. <<NOTE: Lobbying.>>   None of the funds appropriated by 
this Act may be used in any way, directly or indirectly, to influence 
congressional action on any legislation or appropriation matters pending 
before Congress, other than to communicate to Members of Congress as 
described in 18 U.S.C. 1913.

    Sec. 736.  Of the total amounts made available by this Act for 
direct loans and grants under the following headings: ``Rural Housing 
Service--Rural Housing Insurance Fund Program Account''; ``Rural Housing 
Service--Mutual and Self-Help Housing Grants''; ``Rural Housing 
Service--Rural Housing Assistance Grants''; ``Rural Housing Service--
Rural Community Facilities Program Account''; ``Rural Business-
Cooperative Service--Rural Business Program Account''; ``Rural Business-
Cooperative Service--Rural Economic Development Loans Program Account''; 
``Rural Business-Cooperative Service--Rural Cooperative Development 
Grants''; ``Rural Business-Cooperative Service--Rural Microentrepreneur 
Assistance Program''; ``Rural Utilities Service--Rural Water and Waste 
Disposal Program Account''; ``Rural Utilities Service--Rural 
Electrification and Telecommunications Loans Program Account''; and 
``Rural Utilities Service--Distance Learning, Telemedicine, and 
Broadband Program'', to the maximum extent feasible, at least 10 percent 
of the funds shall be allocated for assistance in persistent poverty 
counties under this section, including, notwithstanding any other 
provision regarding population limits, any county seat of such a 
persistent poverty county that has a population that does not exceed the 
authorized population limit by more than 10 percent:  
Provided, <<NOTE: Definition.>>  That for purposes of this section, the 
term ``persistent poverty counties'' means any county that has had 20 
percent or more of its population living in poverty over the past 30 
years, as measured by the 1990 and 2000 decennial censuses, and 2007-
2011 American Community Survey 5-year average, or any territory or 
possession of the United States:  Provided 
further, <<NOTE: Applicability.>>  That with respect to specific 
activities for which program levels have been made available by this Act 
that are not supported

[[Page 136 STAT. 4504]]

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

    Sec. 737. <<NOTE: Human embryos.>>  None of the funds made available 
by this Act may be used to notify a sponsor or otherwise acknowledge 
receipt of a submission for an exemption for investigational use of a 
drug or biological product under section 505(i) of the Federal Food, 
Drug, and Cosmetic Act (21 U.S.C. 355(i)) or section 351(a)(3) of the 
Public Health Service Act (42 U.S.C. 262(a)(3)) in research in which a 
human embryo is intentionally created or modified to include a heritable 
genetic modification. Any such submission shall be deemed to have not 
been received by the Secretary, and the exemption may not go into 
effect.

    Sec. 738.  None of the funds made available by this or any other Act 
may be used to enforce the final rule promulgated by the Food and Drug 
Administration entitled ``Standards for the Growing, Harvesting, 
Packing, and Holding of Produce for Human Consumption,'' and published 
on November 27, 2015, with respect to the regulation of entities that 
grow, harvest, pack, or hold wine grapes, hops, pulse crops, or almonds.
    Sec. 739.  There is hereby appropriated $5,000,000, to remain 
available until September 30, 2024, for a pilot program for the National 
Institute of Food and Agriculture to provide grants to nonprofit 
organizations for programs and services to establish and enhance farming 
and ranching opportunities for military veterans.
    Sec. 740. <<NOTE: Time periods. School breakfast.>>   For school 
years 2022-2023 and 2023-2024, none of the funds made available by this 
Act may be used to implement or enforce the matter following the first 
comma in the second sentence of footnote (c) of section 220.8(c) of 
title 7, Code of Federal Regulations, with respect to the substitution 
of vegetables for fruits under the school breakfast program established 
under section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773).

    Sec. 741.  None of the funds made available by this Act or any other 
Act may be used--
            (1) in contravention of section 7606 of the Agricultural Act 
        of 2014 (7 U.S.C. 5940), subtitle G of the Agricultural 
        Marketing Act of 1946, or section 10114 of the Agriculture 
        Improvement Act of 2018; or
            (2) <<NOTE: Hemp and hemp seeds.>>  to prohibit the 
        transportation, processing, sale, or use of hemp, or seeds of 
        such plant, that is grown or cultivated in accordance with 
        section 7606 of the Agricultural Act of 2014 or subtitle G of 
        the Agricultural Marketing Act of 1946, within or outside the 
        State in which the hemp is grown or cultivated.

    Sec. 742.  There is hereby appropriated $3,000,000, to remain 
available until expended, for grants under section 12502 of Public Law 
115-334.
    Sec. 743.  There is hereby appropriated $1,000,000 to carry out 
section 3307 of Public Law 115-334.
    Sec. 744. <<NOTE: Waiver authority.>>  The Secretary of Agriculture 
may waive the matching funds requirement under section 412(g) of the 
Agricultural Research, Extension, and Education Reform Act of 1998 (7 
U.S.C. 7632(g)).

    Sec. 745.  There is hereby appropriated $2,000,000, to remain 
available until expended, for a pilot program for the Secretary to 
provide grants to qualified non-profit organizations and public housing 
authorities to provide technical assistance, including financial and 
legal services, to RHS multi-family housing borrowers

[[Page 136 STAT. 4505]]

to facilitate the acquisition of RHS multi-family housing properties in 
areas where the Secretary determines a risk of loss of affordable 
housing, by non-profit housing organizations and public housing 
authorities as authorized by law that commit to keep such properties in 
the RHS multi-family housing program for a period of time as determined 
by the Secretary.
    Sec. 746.  There is hereby appropriated $4,000,000, to carry out 
section 4208 of Public Law 115-334, including for project locations in 
additional regions.
    Sec. 747.  There is hereby appropriated $4,000,000 to carry out 
section 12301 of Public Law 115-334, Farming Opportunities Training and 
Outreach.
    Sec. 748. <<NOTE: Water. Determination. Time period.>>  In response 
to an eligible community where the drinking water supplies are 
inadequate due to a natural disaster, as determined by the Secretary, 
including drought or severe weather, the Secretary may provide potable 
water through the Emergency Community Water Assistance Grant Program for 
an additional period of time not to exceed 120 days beyond the 
established period provided under the Program in order to protect public 
health.

    Sec. 749. <<NOTE: Determination.>>   Funds made available under 
title II of the Food for Peace Act (7 U.S.C. 1721 et seq.) may only be 
used to provide assistance to recipient nations if adequate monitoring 
and controls, as determined by the Administrator, are in place to ensure 
that emergency food aid is received by the intended beneficiaries in 
areas affected by food shortages and not diverted for unauthorized or 
inappropriate purposes.

    Sec. 750. <<NOTE: Compliance inspection. 7 USC 2144 note.>>   In 
this fiscal year and thereafter, and notwithstanding any other provision 
of law, ARS facilities as described in the ``Memorandum of Understanding 
Between the U.S. Department of Agriculture Animal and Plant Health 
Inspection Service (APHIS) and the U.S. Department of Agriculture 
Agricultural Research Service (ARS) Concerning Laboratory Animal 
Welfare'' (16-6100-0103-MU Revision 16-1) shall be inspected by APHIS 
for compliance with the Animal Welfare Act and its regulations and 
standards.

    Sec. 751. <<NOTE: Poultry and poultry products. China.>>   None of 
the funds made available by this Act may be used to procure raw or 
processed poultry products imported into the United States from the 
People's Republic of China for use in the school lunch program under the 
Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.), 
the Child and Adult Care Food Program under section 17 of such Act (42 
U.S.C. 1766), the Summer Food Service Program for Children under section 
13 of such Act (42 U.S.C. 1761), or the school breakfast program under 
the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.).

    Sec. 752. <<NOTE: Time period. Requirement. School lunches.>>   For 
school year 2023-2024, only a school food authority that had a negative 
balance in the nonprofit school food service account as of June 30, 
2022, shall be required to establish a price for paid lunches in 
accordance with section 12(p) of the Richard B. Russell National School 
Lunch Act (42 U.S.C. 1760(p)).

    Sec. 753.  There is hereby appropriated $2,000,000, to remain 
available until expended, for the Secretary of Agriculture to carry out 
a pilot program that assists rural hospitals to improve long-term 
operations and financial health by providing technical assistance 
through analysis of current hospital management practices.

[[Page 136 STAT. 4506]]

    Sec. 754. <<NOTE: Grants.>>  Any funds made available by this or any 
other Act that the Secretary withholds pursuant to section 1668(g)(2) of 
the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 
5921(g)(2)), as amended, shall be available for grants for biotechnology 
risk assessment research:  Provided, That the Secretary may transfer 
such funds among appropriations of the Department of Agriculture for 
purposes of making such grants.

    Sec. 755.  There is hereby appropriated $400,000 to carry out 
section 1672(g)(4)(B) of the Food, Agriculture, Conservation, and Trade 
Act of 1990 (7 U.S.C. 5925(g)(4)(B)) as amended by section 7209 of 
Public Law 115-334.
    Sec. 756. <<NOTE: 7 USC 2146 note.>>   Hereafter, none of the funds 
made available by this Act or any other Act, may be used to pay the 
salaries or expenses of personnel to implement any activities related to 
the permitting of non-recording of observed violations of the Animal 
Welfare Act or its regulations on official inspection reports.

    Sec. 757.  For necessary expenses associated with cotton classing 
activities pursuant to 7 U.S.C. 55, to include equipment and facility 
upgrades, and in addition to any other funds made available for this 
purpose, there is appropriated $4,000,000, to remain available until 
September 30, 2024:  Provided, That amounts made available in this 
section shall be treated as funds collected by fees authorized under 
Mar. 4, 1923, ch. 288, Sec. 5, 42 Stat. 1518, as amended (7 U.S.C. 55).
    Sec. 758.  Notwithstanding any other provision of law, no funds 
available to the Department of Agriculture may be used to move any staff 
office or any agency from the mission area in which it was located on 
August 1, 2018, to any other mission area or office within the 
Department in the absence of the enactment of specific legislation 
affirming such move.
    Sec. 759.  The Secretary, acting through the Chief of the Natural 
Resources Conservation Service, may use funds appropriated under this 
Act or any other Act for the Watershed and Flood Prevention Operations 
Program and the Watershed Rehabilitation Program carried out pursuant to 
the Watershed Protection and Flood Prevention Act (16 U.S.C. 1001 et 
seq.), and for the Emergency Watershed Protection Program carried out 
pursuant to section 403 of the Agricultural Credit Act of 1978 (16 
U.S.C. 2203) to provide technical services for such programs pursuant to 
section 1252(a)(1) of the Food Security Act of 1985 (16 U.S.C. 
3851(a)(1)), notwithstanding subsection (c) of such section.
    Sec. 760. <<NOTE: Determination.>>  In administering the pilot 
program established by section 779 of division A of the Consolidated 
Appropriations Act, 2018 (Public Law 115-141), the Secretary of 
Agriculture may, for purposes of determining entities eligible to 
receive assistance, consider those communities which are ``Areas Rural 
in Character'':  Provided, That not more than 10 percent of the funds 
made available under the heading ``Distance Learning, Telemedicine, and 
Broadband Program'' for the purposes of the pilot program established by 
section 779 of Public Law 115-141 may be used for this purpose.

    Sec. 761.  None of the funds made available by this Act may be used 
to pay the salaries or expenses of personnel--
            (1) to inspect horses under section 3 of the Federal Meat 
        Inspection Act (21 U.S.C. 603);

[[Page 136 STAT. 4507]]

            (2) to inspect horses under section 903 of the Federal 
        Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 1901 
        note; Public Law 104-127); or
            (3) to implement or enforce section 352.19 of title 9, Code 
        of Federal Regulations (or a successor regulation).

    Sec. 762.  In addition to amounts otherwise made available by this 
Act and notwithstanding the last sentence of 16 U.S.C. 1310, there is 
appropriated $4,000,000, to remain available until expended, to 
implement non-renewable agreements on eligible lands, including flooded 
agricultural lands, as determined by the Secretary, under the Water Bank 
Act (16 U.S.C. 1301-1311).
    Sec. 763. <<NOTE: Deadline. Fish and fishing.>>   Out of amounts 
appropriated to the Food and Drug Administration under title VI, the 
Secretary of Health and Human Services, acting through the Commissioner 
of Food and Drugs, shall, not later than September 30, 2023, and 
following the review required under Executive Order No. 12866 (5 U.S.C. 
601 note; relating to regulatory planning and review), issue advice 
revising the advice provided in the notice of availability entitled 
``Advice About Eating Fish, From the Environmental Protection Agency and 
Food and Drug Administration; Revised Fish Advice; Availability'' (82 
Fed. Reg. 6571 (January 19, 2017)), in a manner that is consistent with 
nutrition science recognized by the Food and Drug Administration on the 
net effects of seafood consumption.

    Sec. 764. There is hereby appropriated $5,000,000, to remain 
available until expended, to carry out section 2103 of Public Law 115-
334:  Provided, <<NOTE: Wetlands. Conservation.>>  That the Secretary 
shall prioritize the wetland compliance needs of areas with significant 
numbers of individual wetlands, wetland acres, and conservation 
compliance requests.

    Sec. 765. <<NOTE: Genetic engineering.>>  Notwithstanding any other 
provision of law, the acceptable market name of any engineered animal 
approved prior to the effective date of the National Bioengineered Food 
Disclosure Standard (February 19, 2019) shall include the words 
``genetically engineered'' prior to the existing acceptable market name.

    Sec. 766.  There is appropriated to the Department of Agriculture, 
for an additional amount for ``Agricultural Programs--Processing, 
Research, and Marketing--Office of the Secretary'', $5,000,000, which 
shall remain available until expended, for necessary expenses, under 
such terms and conditions determined by the Secretary, related to 
testing soil, water, or agricultural products for per- and 
polyfluoroalkyl substances (PFAS) at the request of an agricultural 
producer, assisting agricultural producers affected by PFAS 
contamination with costs related to mitigate the impacts to their 
operation that have resulted from such contamination and indemnifying 
agricultural producers for the value of unmarketable crops, livestock, 
and other agricultural products related to PFAS contamination:  
Provided, That the Secretary shall prioritize such assistance to 
agricultural producers in states and territories that have established a 
tolerance threshold for PFAS in a food or agricultural product:  
Provided further, <<NOTE: Reports.>>  That, not later than 90 days after 
the end of fiscal year 2023, the Secretary shall submit a report to the 
Congress specifying the type, amount, and method of such assistance by 
state and territory and the status of the amounts obligated and plans 
for further expenditure, and include improvements that can be made to 
U.S. Department of Agriculture programs, either administratively or 
legislatively, to increase support for agricultural producers impacted 
by PFAS contamination and to enhance scientific knowledge on PFAS uptake 
in crops and

[[Page 136 STAT. 4508]]

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

    Sec. 767. <<NOTE: Termination date.>>  The Secretary shall set aside 
for Rural Economic Area Partnership (REAP) Zones, until August 15, 2023, 
an amount of funds made available in title III under the headings of 
Rural Housing Insurance Fund Program Account, Mutual and Self-Help 
Housing Grants, Rural Housing Assistance Grants, Rural Community 
Facilities Program Account, Rural Business Program Account, Rural 
Development Loan Fund Program Account, and Rural Water and Waste 
Disposal Program Account, equal to the amount obligated in REAP Zones 
with respect to funds provided under such headings in the most recent 
fiscal year any such funds were obligated under such headings for REAP 
Zones.

    Sec. 768.  There is hereby appropriated $500,000 to carry out the 
duties of the working group established under section 770 of the 
Agriculture, Rural Development, Food and Drug Administration, and 
Related Agencies Appropriations Act, 2019 (Public Law 116-6; 133 Stat. 
89).
    Sec. 769.  For an additional amount for the Office of the Secretary, 
$15,000,000, to remain available until expended, to continue the 
Institute for Rural Partnerships as established in section 778 of Public 
Law 117-103:  Provided, <<NOTE: Continuation. Urban and rural areas.>>  
That the Institute for Rural Partnerships shall continue to dedicate 
resources to researching the causes and conditions of challenges facing 
rural areas, and develop community partnerships to address such 
challenges:  Provided further, That administrative or other fees shall 
not exceed one percent:  Provided 
further, <<NOTE: Coordination. Publication. Reports.>> That such 
partnership shall coordinate and publish an annual report.

    Sec. 770.  Of the unobligated balances from prior year 
appropriations made available under the heading ``Farm Service Agency--
Agricultural Credit Insurance Fund Program Account'', $73,000,000 are 
hereby rescinded.
    Sec. 771.  In addition to the amount of reimbursement for 
administrative and operating expenses available for crop insurance 
contracts described in subsection (a)(2)(F) of section III of the 2023 
Standard Reinsurance Agreement (SRA) that cover agricultural commodities 
described in section 101 of title I of the Specialty Crops 
Competitiveness Act of 2004 (7 U.S.C. 1621 note), there is hereby 
appropriated $25,000,000, to remain available until expended, to pay, 
with respect to such contracts for the 2021 reinsurance year, an amount 
that is equal to the difference between the amount to be paid pursuant 
to the SRA for the applicable reinsurance year and the amount that would 
be paid if such contracts were not subject to a reduction described in 
subsection (a)(2)(G) of section III of the SRA but subject to a 
reimbursement rate equal to 17.5 percent of the net book premium.
    Sec. 772.  For an additional amount for the ``Office of the 
Secretary'', $1,300,000, to remain available until expended, for the 
Secretary, in consultation with the Secretary of the Department of 
Health and Human Services, to enter into an agreement with the National 
Academies of Sciences, Engineering, and Medicine to conduct a study of 
the eight topics and scientific questions related to alcohol previously 
published by USDA and HHS and other relevant topics:  Provided, That the 
panel or panels established by the National Academies Sciences, 
Engineering, and Medicine to conduct the study shall operate in a fully 
transparent manner and include a balanced representation of individuals 
who have

[[Page 136 STAT. 4509]]

expertise in the health effects of alcohol consumption, are unbiased, 
and are free from conflicts of interests:  Provided further, That the 
findings and recommendations of the study shall be based on the 
preponderance of the scientific and medical knowledge consistent with 
section 5341 of title 7 of United States Code:  Provided 
further, <<NOTE: Reports.>>  That not later than eighteen months after 
the date of enactment of this Act, the National Academies of Sciences, 
Engineering, and Medicine shall submit its report to the Secretary of 
Agriculture, the Secretary of Health and Human Services, and the 
Congress of its systematic review and data analysis of the eight 
research topics:  Provided further, <<NOTE: Recommenda- tions. Alcohol 
and alcoholic beverages.>>  That the Secretary of Agriculture shall 
ensure that the 2025 Dietary Guidelines for Americans process includes a 
recommendation for alcohol and shall be based on the preponderance of 
scientific and medical knowledge consistent with section 5341 of title 7 
of United States Code:  Provided further, That the Secretary of 
Agriculture shall ensure the process is fully transparent and includes a 
balanced representation of individuals who are unbiased and free from 
conflicts of interest.

    Sec. 773. <<NOTE: Reports. Foreign investments. Disclosures. 7 USC 
3501 note.>>  The Secretary, as part of the report on foreign 
landholding required under the Agricultural Foreign Investment 
Disclosure Act (Public Law 95-460), shall report to Congress on foreign 
investments in agricultural land in the United States, including the 
impact foreign ownership has on family farms, rural communities, and the 
domestic food supply:  Provided, <<NOTE: Deadline. Records. Data.>>  
That within 3 years after the enactment of this Act, the Secretary shall 
establish a streamlined process for electronic submission and retention 
of disclosures made under the Agricultural Foreign Investment Disclosure 
Act, including an internet database that contains disaggregated data 
from each disclosure submitted:  Provided 
further <<NOTE: Publication.>> , That all prior year disclosures of 
foreign investments in agricultural land in the United States are 
published in the database:  Provided further, <<NOTE: Plan. Privacy.>>  
That the plan includes a process to ensure the protection of personally 
identifiable information and that all disclosures of foreign investments 
in agricultural land on the USDA website be disaggregated by: (1) in any 
case in which such foreign person is an individual, the citizenship of 
such foreign person; and (2) in any case in which such foreign person is 
not an individual or a government, the nature of the legal entity 
holding the interest, the country in which such foreign person is 
created or organized, and the principal place of business of such 
foreign person.

    Sec. 774. <<NOTE: Kanpachi.>>   Notwithstanding any other provision 
of law, the common name ``Kanpachi'' shall serve as an acceptable market 
name under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et 
seq.) for labeling and marketing of ocean-farmed Seriola rivoliana.

    Sec. 775. <<NOTE: Kansas. 6 USC 190 note.>>   In this or any 
subsequent fiscal year, the Secretary of Homeland Security shall 
transfer to the Secretary of Agriculture the operation of and all 
property required to operate the National Bio- and Agro-Defense Facility 
in Manhattan, Kansas:  Provided, 
That, <<NOTE: Deadline. Determinations.>>  such transfer of function 
shall include the transfer of up to 40 full time equivalent positions, 
to be completed within 120 days of the effective date of the transfer of 
function, as jointly determined by the Secretaries.

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

[[Page 136 STAT. 4510]]

    (b) Section 942 of the Livestock Mandatory Reporting Act of 1999 (7 
U.S.C. 1635 note; Public Law 106-78) is amended by striking ``2022'' and 
inserting ``2023''.
    Sec. 777.  Section 18(g) of the Richard B. Russell National School 
Lunch Act (42 U.S.C. 1769(g)) is amended by striking ``Access to Local 
Foods: Farm to School Program.'' and inserting ``Access to Local Foods: 
Patrick Leahy Farm to School Program''.
    Sec. 778.  Notwithstanding 7 U.S.C. 1991(a)(13), the Secretary shall 
consider a city or town to be a rural area for the purposes of 
eligibility for a guaranteed loan funded through the Rural Community 
Facilities Program Account if the project to be funded received a prior 
loan from such account in fiscal year 2021.
    Sec. 779. <<NOTE: Deadline.>>   Of the unobligated balances in the 
``Nonrecurring Expenses Fund'' established in section 742 of division A 
of Public Law 113-235, $150,000,000 are hereby rescinded not later than 
September 30, 2023.

    Sec. 780.  Funds made available in the Consolidated Appropriations 
Act, 2018 (Public Law 115-141) for the ``Rural Community Facilities 
Program Account'' under section 306 of the Consolidated Farm and Rural 
Development Act, 7 U.S.C. 1926, for the principal amount of direct loans 
are to remain available through fiscal year 2028 for the liquidation of 
valid obligations incurred in fiscal year 2018.
    Sec. 781.  Of the unobligated balances from amounts made available 
to carry out section 749(g) of the Agricultural Appropriations Act of 
2010 (Public Law 111-80), $80,000,000 are hereby rescinded:  Provided, 
That no amounts may be rescinded from amounts that were designated by 
the Congress as an emergency requirement pursuant to a Concurrent 
Resolution on the Budget or the Balanced Budget and Emergency Deficit 
Control Act of 1985.
    This division may be cited as the ``Agriculture, Rural Development, 
Food and Drug Administration, and Related Agencies Appropriations Act, 
2023''.

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

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

                         DEPARTMENT OF COMMERCE

                   International Trade Administration

                      operations and administration

     <<NOTE: Time periods.>> For necessary expenses for international 
trade activities of the Department of Commerce provided for by law, to 
carry out activities associated with facilitating, attracting, and 
retaining business investment in the United States, and for engaging in 
trade promotional activities abroad, including expenses of grants and 
cooperative agreements for the purpose of promoting exports of United 
States firms, without regard to sections 3702 and 3703 of title 44, 
United States Code; full medical coverage for dependent members of 
immediate families of employees stationed overseas and employees 
temporarily posted overseas; travel and transportation of employees of 
the International Trade Administration between two points abroad, 
without regard to section 40118 of

[[Page 136 STAT. 4511]]

title 49, United States Code; employment of citizens of the United 
States and aliens by contract for services; rental of space abroad for 
periods not exceeding 10 years, and expenses of alteration, repair, or 
improvement; purchase or construction of temporary demountable 
exhibition structures for use abroad; payment of tort claims, in the 
manner authorized in the first paragraph of section 2672 of title 28, 
United States Code, when such claims arise in foreign countries; not to 
exceed $294,300 for official representation expenses abroad; purchase of 
passenger motor vehicles for official use abroad, not to exceed $45,000 
per vehicle; not to exceed $325,000 for purchase of armored vehicles 
without regard to the general purchase price limitations; obtaining 
insurance on official motor vehicles; and rental of tie lines, 
$625,000,000, of which $85,000,000 shall remain available until 
September 30, 2024:  Provided, That $12,000,000 is to be derived from 
fees to be retained and used by the International Trade Administration, 
notwithstanding section 3302 of title 31, United States Code:  Provided 
further, That, of amounts provided under this heading, not less than 
$16,400,000 shall be for China antidumping and countervailing duty 
enforcement and compliance activities:  Provided 
further, <<NOTE: Applicability. Assessments.>>  That the provisions of 
the first sentence of section 105(f) and all of section 108(c) of the 
Mutual Educational and Cultural Exchange Act of 1961 (22 U.S.C. 2455(f) 
and 2458(c)) shall apply in carrying out these activities; and that for 
the purpose of this Act, contributions under the provisions of the 
Mutual Educational and Cultural Exchange Act of 1961 shall include 
payment for assessments for services provided as part of these 
activities:  Provided further, That, of amounts provided under this 
heading, up to $3,000,000, to remain available until expended, shall be 
for the purpose of carrying out a pilot fellowship program of the United 
States Commercial Service under which the Secretary of Commerce may make 
competitive grants to appropriate institutions of higher education or 
students to increase the level of knowledge and awareness of, and 
interest in employment with, that Service among minority students:  
Provided further, <<NOTE: Grants. Regulations. Requirement.>>  That any 
grants awarded under such program shall be made pursuant to regulations 
to be prescribed by the Secretary, which shall require as a condition of 
the initial receipt of grant funds, a commitment by prospective grantees 
to accept full-time employment in the Global Markets unit of the 
International Trade Administration upon the completion of participation 
in the program.

                     Bureau of Industry and Security

                      operations and administration

    For necessary expenses for export administration and national 
security activities of the Department of Commerce, including costs 
associated with the performance of export administration field 
activities both domestically and abroad; full medical coverage for 
dependent members of immediate families of employees stationed overseas; 
employment of citizens of the United States and aliens by contract for 
services abroad; payment of tort claims, in the manner authorized in the 
first paragraph of section 2672 of title 28, United States Code, when 
such claims arise in foreign countries; not to exceed $13,500 for 
official representation expenses abroad; awards of compensation to 
informers under the Export Control Reform Act of 2018 (subtitle B of 
title XVII of the John S. McCain

[[Page 136 STAT. 4512]]

National Defense Authorization Act for Fiscal Year 2019; Public Law 115-
232; 132 Stat. 2208; 50 U.S.C. 4801 et seq.), and as authorized by 
section 1(b) of the Act of June 15, 1917 (40 Stat. 223; 22 U.S.C. 
401(b)); and purchase of passenger motor vehicles for official use and 
motor vehicles for law enforcement use with special requirement vehicles 
eligible for purchase without regard to any price limitation otherwise 
established by law, $191,000,000, of which $76,000,000 shall remain 
available until expended:  Provided, <<NOTE: Applicability.>>  That the 
provisions of the first sentence of section 105(f) and all of section 
108(c) of the Mutual Educational and Cultural Exchange Act of 1961 (22 
U.S.C. 2455(f) and 2458(c)) shall apply in carrying out these 
activities:  Provided further, <<NOTE: Public information.>>  That 
payments and contributions collected and accepted for materials or 
services provided as part of such activities may be retained for use in 
covering the cost of such activities, and for providing information to 
the public with respect to the export administration and national 
security activities of the Department of Commerce and other export 
control programs of the United States and other governments.

                   Economic Development Administration

                economic development assistance programs

    For grants for economic development assistance as provided by the 
Public Works and Economic Development Act of 1965, for trade adjustment 
assistance, and for grants authorized by sections 27, 28, 29, and 30 of 
the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3722, 
3722a, 3722b, and 3723), as amended, $430,000,000 to remain available 
until expended, of which $50,000,000 shall be for grants under section 
27, $41,000,000 shall be for grants under section 28, $41,000,000 shall 
be for grants under section 29 in amounts determined by the Secretary, 
and $2,500,000 shall be for grants under section 30:  Provided, That any 
deviation from the amounts designated for specific activities in the 
explanatory statement described in section 4 (in the matter preceding 
division A of this consolidated Act), or any use of deobligated balances 
of funds provided under this heading in previous years, shall be subject 
to the procedures set forth in section 505 of this Act.

                          salaries and expenses

    For necessary expenses of administering the economic development 
assistance programs as provided for by law, $68,000,000:  Provided, That 
funds provided under this heading may be used to monitor projects 
approved pursuant to title I of the Public Works Employment Act of 1976; 
title II of the Trade Act of 1974; sections 27 through 30 of the 
Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3722-
3723), as amended; and the Community Emergency Drought Relief Act of 
1977.

                  Minority Business Development Agency

                      minority business development

    For necessary expenses of the Minority Business Development Agency 
in fostering, promoting, and developing minority business enterprises, 
as authorized by law, $70,000,000.

[[Page 136 STAT. 4513]]

                    Economic and Statistical Analysis

                          salaries and expenses

    For necessary expenses, as authorized by law, of economic and 
statistical analysis programs of the Department of Commerce, 
$130,000,000, to remain available until September 30, 2024.

                          Bureau of the Census

                      current surveys and programs

    For necessary expenses for collecting, compiling, analyzing, 
preparing, and publishing statistics, provided for by law, $330,000,000: 
 Provided, That, from amounts provided herein, funds may be used for 
promotion, outreach, and marketing activities.

                     periodic censuses and programs

    For necessary expenses for collecting, compiling, analyzing, 
preparing, and publishing statistics for periodic censuses and programs 
provided for by law, $1,155,000,000, to remain available until September 
30, 2024:  Provided, That, from amounts provided herein, funds may be 
used for promotion, outreach, and marketing activities.

       National Telecommunications and Information Administration

                          salaries and expenses

    For necessary expenses, as provided for by law, of the National 
Telecommunications and Information Administration (NTIA), $62,000,000, 
to remain available until September 30, 2024:  
Provided, <<NOTE: Fees.>>  That, notwithstanding 31 U.S.C. 1535(d), the 
Secretary of Commerce shall charge Federal agencies for costs incurred 
in spectrum management, analysis, operations, and related services, and 
such fees shall be retained and used as offsetting collections for costs 
of such spectrum services, to remain available until expended:  Provided 
further, That the Secretary of Commerce is authorized to retain and use 
as offsetting collections all funds transferred, or previously 
transferred, from other Government agencies for all costs incurred in 
telecommunications research, engineering, and related activities by the 
Institute for Telecommunication Sciences of NTIA, in furtherance of its 
assigned functions under this paragraph, and such funds received from 
other Government agencies shall remain available until expended.

     public telecommunications facilities, planning and construction

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

[[Page 136 STAT. 4514]]

                United States Patent and Trademark Office

                          salaries and expenses

                     (including transfers of funds)

    For necessary expenses of the United States Patent and Trademark 
Office (USPTO) provided for by law, including defense of suits 
instituted against the Under Secretary of Commerce for Intellectual 
Property and Director of the USPTO, $4,253,404,000, to remain available 
until expended:  Provided, <<NOTE: Reduction.>> That the sum herein 
appropriated from the general fund shall be reduced as offsetting 
collections of fees and surcharges assessed and collected by the USPTO 
under any law are received during fiscal year 2023, so as to result in a 
fiscal year 2023 appropriation from the general fund estimated at $0:  
Provided further, <<NOTE: Reduction.>> That during fiscal year 2023, 
should the total amount of such offsetting collections be less than 
$4,253,404,000, this amount shall be reduced accordingly:  Provided 
further, That any amount received in excess of $4,253,404,000 in fiscal 
year 2023 and deposited in the Patent and Trademark Fee Reserve Fund 
shall remain available until expended:  Provided 
further, <<NOTE: Spending plan.>>  That the Director of USPTO shall 
submit a spending plan to the Committees on Appropriations of the House 
of Representatives and the Senate for any amounts made available by the 
preceding proviso and such spending plan shall be treated as a 
reprogramming under section 505 of this Act and shall not be available 
for obligation or expenditure except in compliance with the procedures 
set forth in that section:  Provided further, That any amounts 
reprogrammed in accordance with the preceding proviso shall be 
transferred to the United States Patent and Trademark Office ``Salaries 
and Expenses'' account:  Provided further, That the budget of the 
President submitted for fiscal year 2024 under section 1105 of title 31, 
United States Code, shall include within amounts provided under this 
heading for necessary expenses of the USPTO any increases that are 
expected to result from an increase promulgated through rule or 
regulation in offsetting collections of fees and surcharges assessed and 
collected by the USPTO under any law in either fiscal year 2023 or 
fiscal year 2024:  Provided further, That from amounts provided herein, 
not to exceed $13,500 shall be made available in fiscal year 2023 for 
official reception and representation expenses:  Provided further, That 
in fiscal year 2023 from the amounts made available for ``Salaries and 
Expenses'' for the USPTO, the amounts necessary to pay (1) the 
difference between the percentage of basic pay contributed by the USPTO 
and employees under section 8334(a) of title 5, United States Code, and 
the normal cost percentage (as defined by section 8331(17) of that 
title) as provided by the Office of Personnel Management (OPM) for 
USPTO's specific use, of basic pay, of employees subject to subchapter 
III of chapter 83 of that title, and (2) the present value of the 
otherwise unfunded accruing costs, as determined by OPM for USPTO's 
specific use of post-retirement life insurance and post-retirement 
health benefits coverage for all USPTO employees who are enrolled in 
Federal Employees Health Benefits (FEHB) and Federal Employees Group 
Life Insurance (FEGLI), shall be transferred to the Civil Service 
Retirement and Disability Fund, the FEGLI Fund, and the Employees FEHB 
Fund, as appropriate, and shall be available for the authorized purposes

[[Page 136 STAT. 4515]]

of those accounts:  Provided further, That any differences between the 
present value factors published in OPM's yearly 300 series benefit 
letters and the factors that OPM provides for USPTO's specific use shall 
be recognized as an imputed cost on USPTO's financial statements, where 
applicable:  Provided further, That, notwithstanding any other provision 
of law, all fees and surcharges assessed and collected by USPTO are 
available for USPTO only pursuant to section 42(c) of title 35, United 
States Code, as amended by section 22 of the Leahy-Smith America Invents 
Act (Public Law 112-29):  Provided further, That within the amounts 
appropriated, $2,450,000 shall be transferred to the ``Office of 
Inspector General'' account for activities associated with carrying out 
investigations and audits related to the USPTO.

             National Institute of Standards and Technology

             scientific and technical research and services

                      (including transfer of funds)

    For necessary expenses of the National Institute of Standards and 
Technology (NIST), $953,000,000, to remain available until expended, of 
which not to exceed $9,000,000 may be transferred to the ``Working 
Capital Fund'':  Provided, That of the amounts appropriated under this 
heading, $62,532,000 shall be used for the projects, and in the amounts, 
specified in the table immediately following the paragraph ``NIST STRS 
Community Project Funding/NIST External Projects'' in the explanatory 
statement described in section 4 (in the matter preceding division A of 
this consolidated Act):  Provided further, That the amounts made 
available for the projects referenced in the preceding proviso may not 
be transferred for any other purpose:  Provided further, That not to 
exceed $5,000 shall be for official reception and representation 
expenses:  Provided further, That NIST may provide local transportation 
for summer undergraduate research fellowship program participants.

                     industrial technology services

    For necessary expenses for industrial technology services, 
$212,000,000, to remain available until expended, of which $175,000,000 
shall be for the Hollings Manufacturing Extension Partnership, and of 
which $37,000,000 shall be for the Manufacturing USA Program.

                   construction of research facilities

    For construction of new research facilities, including architectural 
and engineering design, and for renovation and maintenance of existing 
facilities, not otherwise provided for the National Institute of 
Standards and Technology, as authorized by sections 13 through 15 of the 
National Institute of Standards and Technology Act (15 U.S.C. 278c-
278e), $462,285,000, to remain available until expended:  Provided, That 
of the amounts appropriated under this heading, $332,285,000 shall be 
used for the projects, and in the amounts, specified in the table 
immediately following the paragraph ``NIST Construction Community 
Project Funding/NIST Extramural Construction'' in the explanatory 
statement described in section 4 (in the matter preceding division A of 
this consolidated Act):

[[Page 136 STAT. 4516]]

 Provided further, That up to one percent of amounts made available for 
the projects referenced in the preceding proviso may be used for the 
administrative costs of such projects:  Provided 
further, <<NOTE: Spending plan.>>  That the Director of the National 
Institute of Standards and Technology shall submit a spending plan to 
the Committees on Appropriations of the House of Representatives and the 
Senate for any amounts made available by the preceding proviso and such 
spending plan shall be treated as a reprogramming under section 505 of 
this Act and shall not be available for obligation or expenditure except 
in compliance with the procedures set forth in that section:  Provided 
further, <<NOTE: Budget estimates. Time periods. 15 USC 1513b note.>>  
That the Secretary of Commerce shall include in the budget justification 
materials for fiscal year 2024 that the Secretary submits to Congress in 
support of the Department of Commerce budget (as submitted with the 
budget of the President under section 1105(a) of title 31, United States 
Code) an estimate for each National Institute of Standards and 
Technology construction project having a total multi-year program cost 
of more than $5,000,000, and simultaneously the budget justification 
materials shall include an estimate of the budgetary requirements for 
each such project for each of the 5 subsequent fiscal years.

             National Oceanic and Atmospheric Administration

                  operations, research, and facilities

                      (including transfer of funds)

    For necessary expenses of activities authorized by law for the 
National Oceanic and Atmospheric Administration, including maintenance, 
operation, and hire of aircraft and vessels; pilot programs for State-
led fisheries management, notwithstanding any other provision of law; 
grants, contracts, or other payments to nonprofit organizations for the 
purposes of conducting activities pursuant to cooperative agreements; 
and relocation of facilities, $4,500,997,000, to remain available until 
September 30, 2024:  Provided, That fees and donations received by the 
National Ocean Service for the management of national marine sanctuaries 
may be retained and used for the salaries and expenses associated with 
those activities, notwithstanding section 3302 of title 31, United 
States Code:  Provided further, That in addition, $344,901,000 shall be 
derived by transfer from the fund entitled ``Promote and Develop Fishery 
Products and Research Pertaining to American Fisheries'', which shall 
only be used for fishery activities related to the Saltonstall-Kennedy 
Grant Program; Fisheries Data Collections, Surveys, and Assessments; 
Observers and Training; Fisheries Management Programs and Services; and 
Interjurisdictional Fisheries Grants:  Provided further, That not to 
exceed $71,299,000 shall be for payment to the ``Department of Commerce 
Working Capital Fund'':  Provided further, That of the $4,868,898,000 
provided for in direct obligations under this heading, $4,500,997,000 is 
appropriated from the general fund, $344,901,000 is provided by 
transfer, and $23,000,000 is derived from recoveries of prior year 
obligations:  Provided further, That of the amounts appropriated under 
this heading, $111,465,000 shall be used for the projects, and in the 
amounts, specified in the table immediately following the paragraph 
``NOAA Community Project Funding/NOAA Special Projects'' in the 
explanatory statement described in section

[[Page 136 STAT. 4517]]

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

                procurement, acquisition and construction

    For procurement, acquisition and construction of capital assets, 
including alteration and modification costs, of the National Oceanic and 
Atmospheric Administration, $1,653,630,000, to remain available until 
September 30, 2025, except that funds provided for acquisition and 
construction of vessels and aircraft, and construction of facilities 
shall remain available until expended:  Provided, That of the 
$1,666,630,000 provided for in direct obligations under this heading, 
$1,653,630,000 is appropriated from the general fund and $13,000,000 is 
provided from recoveries of prior year obligations:  Provided further, 
That any deviation from the amounts designated for specific activities 
in the explanatory statement described in section 4 (in the matter 
preceding division A of this consolidated Act), or any use of 
deobligated balances of funds provided under this heading in previous 
years, shall be subject to the procedures set forth in section 505 of 
this Act:  Provided further, <<NOTE: Budget estimates. Time periods. 15 
USC 1513a note.>>  That the Secretary of Commerce shall include in 
budget justification materials for fiscal year 2024 that the Secretary 
submits to Congress in support of the Department of Commerce budget (as 
submitted with the budget of the President under section 1105(a) of 
title 31, United States Code) an estimate for each National Oceanic and 
Atmospheric Administration procurement, acquisition or construction 
project having a total of more than $5,000,000 and simultaneously the 
budget justification shall include an estimate of the budgetary 
requirements for each such project for each of the 5 subsequent fiscal 
years.

                     pacific coastal salmon recovery

    For necessary expenses associated with the restoration of Pacific 
salmon populations, $65,000,000, to remain available until September 30, 
2024:  Provided, <<NOTE: Grants. State listing. Native 
Americans. Guidelines.>>  That, of the funds provided herein, the 
Secretary of Commerce may issue grants to the States of Washington, 
Oregon, Idaho, Nevada, California, and Alaska, and to the federally 
recognized Tribes of the Columbia River and Pacific Coast (including 
Alaska), for projects necessary for conservation of salmon and steelhead 
populations that are listed as threatened or endangered, or that are 
identified by a State as at-risk to be so listed, for maintaining 
populations necessary for exercise of Tribal treaty fishing rights or 
native subsistence fishing, or for conservation of Pacific coastal 
salmon and steelhead habitat, based on guidelines to be developed by the 
Secretary of Commerce:  Provided further,

[[Page 136 STAT. 4518]]

That all funds shall be allocated based on scientific and other merit 
principles and shall not be available for marketing activities:  
Provided further, That funds disbursed to States shall be subject to a 
matching requirement of funds or documented in-kind contributions of at 
least 33 percent of the Federal funds.

                      fisheries disaster assistance

    For necessary expenses of administering the fishery disaster 
assistance programs authorized by the Magnuson-Stevens Fishery 
Conservation and Management Act (Public Law 94-265) and the 
Interjurisdictional Fisheries Act (title III of Public Law 99-659), 
$300,000.

                      fishermen's contingency fund

    For carrying out the provisions of title IV of Public Law 95-372, 
not to exceed $349,000, to be derived from receipts collected pursuant 
to that Act, to remain available until expended.

                    fisheries finance program account

    Subject to section 502 of the Congressional Budget Act of 1974, 
during fiscal year 2023, obligations of direct loans may not exceed 
$24,000,000 for Individual Fishing Quota loans and not to exceed 
$100,000,000 for traditional direct loans as authorized by the Merchant 
Marine Act of 1936.

                         Departmental Management

                          salaries and expenses

    For necessary expenses for the management of the Department of 
Commerce provided for by law, including not to exceed $4,500 for 
official reception and representation, $95,000,000:  Provided, 
That <<NOTE: Time period. Reimbursement.>> no employee of the Department 
of Commerce may be detailed or assigned from a bureau or office funded 
by this Act or any other Act to offices within the Office of the 
Secretary of the Department of Commerce for more than 180 days in a 
fiscal year unless the individual's employing bureau or office is fully 
reimbursed for the salary and expenses of the employee for the entire 
period of assignment using funds provided under this heading:  Provided 
further, That amounts made available to the Department of Commerce in 
this or any prior Act may not be transferred pursuant to section 508 of 
this or any prior Act to the account funded under this heading, except 
in the case of extraordinary circumstances that threaten life or 
property.

                      renovation and modernization

    For necessary expenses for the renovation and modernization of the 
Herbert C. Hoover Building, $1,142,000.

                       nonrecurring expenses fund

    For necessary expenses for technology modernization projects and 
cybersecurity risk mitigation of the Department of Commerce, 
$35,000,000, to remain available until September 30, 2025:  Provided, 
That amounts made available under this heading are in

[[Page 136 STAT. 4519]]

addition to such other funds as may be available for such purposes:  
Provided further, <<NOTE: Notification. Time period.>>  That any 
unobligated balances of expired discretionary funds transferred to the 
Department of Commerce Nonrecurring Expenses Fund, as authorized by 
section 111 of title I of division B of Public Law 116-93, may be 
obligated only after the Committees on Appropriations of the House of 
Representatives and the Senate are notified at least 15 days in advance 
of the planned use of funds.

                       office of inspector general

    For necessary expenses of the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978 (5 
U.S.C. App.), $48,000,000.

               General Provisions--Department of Commerce

                      (including transfer of funds)

    Sec. 101. <<NOTE: Certification.>>   During the current fiscal year, 
applicable appropriations and funds made available to the Department of 
Commerce by this Act shall be available for the activities specified in 
the Act of October 26, 1949 (15 U.S.C. 1514), to the extent and in the 
manner prescribed by the Act, and, notwithstanding 31 U.S.C. 3324, may 
be used for advanced payments not otherwise authorized only upon the 
certification of officials designated by the Secretary of Commerce that 
such payments are in the public interest.

    Sec. 102.  During the current fiscal year, appropriations made 
available to the Department of Commerce by this Act for salaries and 
expenses shall be available for hire of passenger motor vehicles as 
authorized by 31 U.S.C. 1343 and 1344; services as authorized by 5 
U.S.C. 3109; and uniforms or allowances therefor, as authorized by law 
(5 U.S.C. 5901-5902).
    Sec. 103.  Not to exceed 5 percent of any appropriation made 
available for the current fiscal year for the Department of Commerce in 
this Act may be transferred between such appropriations, but no such 
appropriation shall be increased by more than 10 percent by any such 
transfers:  Provided, That any transfer pursuant to this section shall 
be treated as a reprogramming of funds under section 505 of this Act and 
shall not be available for obligation or expenditure except in 
compliance with the procedures set forth in that section:  Provided 
further, <<NOTE: Notification. Time period.>>  That the Secretary of 
Commerce shall notify the Committees on Appropriations at least 15 days 
in advance of the acquisition or disposal of any capital asset 
(including land, structures, and equipment) not specifically provided 
for in this Act or any other law appropriating funds for the Department 
of Commerce.

    Sec. 104. <<NOTE: Incorporation by reference. Applicability. 33 USC 
878a note.>>  The requirements set forth by section 105 of the Commerce, 
Justice, Science, and Related Agencies Appropriations Act, 2012 (Public 
Law 112-55), as amended by section 105 of title I of division B of 
Public Law 113-6, are hereby adopted by reference and made applicable 
with respect to fiscal year 2023:  Provided, That the life cycle cost 
for the Joint Polar Satellite System is $11,322,125,000, the life cycle 
cost of the Polar Follow On Program is $6,837,900,000, the life cycle 
cost for the Geostationary Operational Environmental Satellite R-Series 
Program is $11,700,100,000, and the life cycle cost for the Space 
Weather Follow On Program is $692,800,000.

[[Page 136 STAT. 4520]]

    Sec. 105. <<NOTE: Reimbursement.>>   Notwithstanding any other 
provision of law, the Secretary of Commerce may furnish services 
(including but not limited to utilities, telecommunications, and 
security services) necessary to support the operation, maintenance, and 
improvement of space that persons, firms, or organizations are 
authorized, pursuant to the Public Buildings Cooperative Use Act of 1976 
or other authority, to use or occupy in the Herbert C. Hoover Building, 
Washington, DC, or other buildings, the maintenance, operation, and 
protection of which has been delegated to the Secretary from the 
Administrator of General Services pursuant to the Federal Property and 
Administrative Services Act of 1949 on a reimbursable or non-
reimbursable basis. Amounts received as reimbursement for services 
provided under this section or the authority under which the use or 
occupancy of the space is authorized, up to $200,000, shall be credited 
to the appropriation or fund which initially bears the costs of such 
services.

    Sec. 106. <<NOTE: Child pornography.>>   Nothing in this title shall 
be construed to prevent a grant recipient from deterring child 
pornography, copyright infringement, or any other unlawful activity over 
its networks.

    Sec. 107. <<NOTE: Reimbursement.>>  The Administrator of the 
National Oceanic and Atmospheric Administration is authorized to use, 
with their consent, with reimbursement and subject to the limits of 
available appropriations, the land, services, equipment, personnel, and 
facilities of any department, agency, or instrumentality of the United 
States, or of any State, local government, Indian Tribal government, 
Territory, or possession, or of any political subdivision thereof, or of 
any foreign government or international organization, for purposes 
related to carrying out the responsibilities of any statute administered 
by the National Oceanic and Atmospheric Administration.

    Sec. 108. <<NOTE: Records.>>  The National Technical Information 
Service shall not charge any customer for a copy of any report or 
document generated by the Legislative Branch unless the Service has 
provided information to the customer on how an electronic copy of such 
report or document may be accessed and downloaded for free online. 
Should <<NOTE: Fee.>>  a customer still require the Service to provide a 
printed or digital copy of the report or document, the charge shall be 
limited to recovering the Service's cost of processing, reproducing, and 
delivering such report or document.

    Sec. 109. <<NOTE: Grants. Contracts.>>   To carry out the 
responsibilities of the National Oceanic and Atmospheric Administration 
(NOAA), the Administrator of NOAA is authorized to: (1) enter into 
grants and cooperative agreements with; (2) use on a non-reimbursable 
basis land, services, equipment, personnel, and facilities provided by; 
and (3) receive and expend funds made available on a consensual basis 
from: a Federal agency, State or subdivision thereof, local government, 
Tribal government, Territory, or possession or any subdivisions thereof: 
 Provided, That funds received for permitting and related regulatory 
activities pursuant to this section shall be deposited under the heading 
``National Oceanic and Atmospheric Administration--Operations, Research, 
and Facilities'' and shall remain available until September 30, 2024, 
for such purposes:  Provided further, That all funds within this section 
and their corresponding uses are subject to section 505 of this Act.

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

[[Page 136 STAT. 4521]]

for programs of the Bureau of Economic Analysis and the Bureau of the 
Census, shall be available for expenses of cooperative agreements with 
appropriate entities, including any Federal, State, or local 
governmental unit, or institution of higher education, to aid and 
promote statistical, research, and methodology activities which further 
the purposes for which such amounts have been made available.
    Sec. 111.  Amounts provided by this Act for the Hollings 
Manufacturing Extension Partnership under the heading ``National 
Institute of Standards and Technology--Industrial Technology Services'' 
shall not be subject to cost share requirements under 15 U.S.C. 
278k(e)(2):  Provided, That the authority made available pursuant to 
this section shall be elective, in whole or in part, for any 
Manufacturing Extension Partnership Center that also receives funding 
from a State that is conditioned upon the application of a Federal cost 
sharing requirement.
    Sec. 112. <<NOTE: Waiver authority.>>  The Secretary of Commerce, or 
the designee of the Secretary, may waive--
            (1) in whole or in part, the matching requirements under 
        sections 306 and 306A, and the cost sharing requirements under 
        section 315, of the Coastal Zone Management Act of 1972 (16 
        U.S.C. 1455, 1455a, and 1461) as necessary at the request of the 
        grant applicant, for amounts made available under this Act under 
        the heading ``Operations, Research, and Facilities'' under the 
        heading ``National Oceanic and Atmospheric Administration''; and
            (2) up to 50 percent of the matching requirements under 
        sections 306 and 306A, and the cost sharing requirements under 
        section 315, of the Coastal Zone Management Act of 1972 (16 
        U.S.C. 1455, 1455a, and 1461) as necessary at the request of the 
        grant applicant, for amounts made available under this Act under 
        the heading ``Procurement, Acquisition and Construction'' under 
        the heading ``National Oceanic and Atmospheric Administration''.

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

TITLE II <<NOTE: Department of Justice Appropriations Act, 2023.>> 

                          DEPARTMENT OF JUSTICE

                         General Administration

                          salaries and expenses

    For expenses necessary for the administration of the Department of 
Justice, $145,000,000, of which $4,000,000 shall remain available until 
September 30, 2024, and of which not to exceed $4,000,000 for security 
and construction of Department of Justice facilities shall remain 
available until expended.

                 justice information sharing technology

                      (including transfer of funds)

    For necessary expenses for information sharing technology, including 
planning, development, deployment and departmental

[[Page 136 STAT. 4522]]

direction, $138,000,000, to remain available until expended:  Provided, 
That the Attorney General may transfer up to $40,000,000 to this 
account, from funds available to the Department of Justice for 
information technology, to remain available until expended, for 
enterprise-wide information technology initiatives:  Provided further, 
That the transfer authority in the preceding proviso is in addition to 
any other transfer authority contained in this Act:  Provided further, 
That any transfer pursuant to the first proviso shall be treated as a 
reprogramming under section 505 of this Act and shall not be available 
for obligation or expenditure except in compliance with the procedures 
set forth in that section.

                 Executive Office for Immigration Review

                      (including transfer of funds)

    For expenses necessary for the administration of immigration-related 
activities of the Executive Office for Immigration Review, $860,000,000, 
of which $4,000,000 shall be derived by transfer from the Executive 
Office for Immigration Review fees deposited in the ``Immigration 
Examinations Fee'' account, and of which not less than $29,000,000 shall 
be available for services and activities provided by the Legal 
Orientation Program:  Provided, That not to exceed $50,000,000 of the 
total amount made available under this heading shall remain available 
until September 30, 2027, for build-out and modifications of courtroom 
space.

                       Office of Inspector General

    For necessary expenses of the Office of Inspector General, 
$139,000,000, including not to exceed $10,000 to meet unforeseen 
emergencies of a confidential character:  Provided, That not to exceed 
$4,000,000 shall remain available until September 30, 2024.

                     United States Parole Commission

                          salaries and expenses

    For necessary expenses of the United States Parole Commission as 
authorized, $14,591,000:  Provided, <<NOTE: Term extension.>> That, 
notwithstanding any other provision of law, upon the expiration of a 
term of office of a Commissioner, the Commissioner may continue to act 
until a successor has been appointed.

                            Legal Activities

             salaries and expenses, general legal activities

                      (including transfer of funds)

    For expenses necessary for the legal activities of the Department of 
Justice, not otherwise provided for, including not to exceed $20,000 for 
expenses of collecting evidence, to be expended under the direction of, 
and to be accounted for solely under the certificate of, the Attorney 
General; the administration of pardon and clemency petitions; and rent 
of private or Government-owned space in the District of Columbia, 
$1,138,000,000, of which not to exceed

[[Page 136 STAT. 4523]]

$50,000,000 for litigation support contracts and information technology 
projects, including cybersecurity and hardening of critical networks, 
shall remain available until expended:  Provided, That of the amount 
provided for INTERPOL Washington dues payments, not to exceed $685,000 
shall remain available until expended:  Provided further, That of the 
total amount appropriated, not to exceed $9,000 shall be available to 
INTERPOL Washington for official reception and representation expenses:  
Provided further, That of the total amount appropriated, not to exceed 
$9,000 shall be available to the Criminal Division for official 
reception and representation expenses:  Provided 
further, <<NOTE: Determination.>>  That notwithstanding section 205 of 
this Act, upon a determination by the Attorney General that emergent 
circumstances require additional funding for litigation activities of 
the Civil Division, the Attorney General may transfer such amounts to 
``Salaries and Expenses, General Legal Activities'' from available 
appropriations for the current fiscal year for the Department of 
Justice, as may be necessary to respond to such circumstances:  Provided 
further, That any transfer pursuant to the preceding proviso shall be 
treated as a reprogramming under section 505 of this Act and shall not 
be available for obligation or expenditure except in compliance with the 
procedures set forth in that section:  Provided 
further, <<NOTE: Reimbursement.>>  That of the amount appropriated, such 
sums as may be necessary shall be available to the Civil Rights Division 
for salaries and expenses associated with the election monitoring 
program under section 8 of the Voting Rights Act of 1965 (52 U.S.C. 
10305) and to reimburse the Office of Personnel Management for such 
salaries and expenses:  Provided further, That of the amounts provided 
under this heading for the election monitoring program, $3,390,000 shall 
remain available until expended:  Provided further, That any funds 
provided under this heading in prior year appropriations Acts that 
remain available to the Civil Rights Division for salaries and expenses 
associated with the election monitoring program under section 8 of the 
Voting Rights Act of 1965 (52 U.S.C. 10305) may also be used to carry 
out any authorized purposes of the Civil Rights Division:  Provided 
further, That amounts repurposed by the preceding proviso may not be 
used to increase the number of permanent positions.

    In addition, for reimbursement of expenses of the Department of 
Justice associated with processing cases under the National Childhood 
Vaccine Injury Act of 1986, $31,738,000, to be appropriated from the 
Vaccine Injury Compensation Trust Fund and to remain available until 
expended.

                salaries and expenses, antitrust division

    For expenses necessary for the enforcement of antitrust and kindred 
laws, $225,000,000, to remain available until expended, of which not to 
exceed $5,000 shall be available for official reception and 
representation expenses:  Provided, <<NOTE: Fees.>>  That 
notwithstanding any other provision of law, fees collected for premerger 
notification filings under the Hart-Scott-Rodino Antitrust Improvements 
Act of 1976 (15 U.S.C. 18a), regardless of the year of collection (and 
estimated to be $190,000,000 in fiscal year 2023), shall be retained and 
used for necessary expenses in this appropriation, and shall remain 
available until expended:  Provided further, <<NOTE: Reduction.>> That 
the sum herein appropriated from the general fund shall be reduced as 
such offsetting collections are received during fiscal year 2023,

[[Page 136 STAT. 4524]]

so as to result in a final fiscal year 2023 appropriation from the 
general fund estimated at $35,000,000.

             salaries and expenses, united states attorneys

    For necessary expenses of the Offices of the United States 
Attorneys, including inter-governmental and cooperative agreements, 
$2,632,000,000:  Provided, That of the total amount appropriated, not to 
exceed $19,600 shall be available for official reception and 
representation expenses:  Provided further, That not to exceed 
$40,000,000 shall remain available until expended:  Provided further, 
That <<NOTE: Human trafficking.>>  each United States Attorney shall 
establish or participate in a task force on human trafficking.

                    united states trustee system fund

    For necessary expenses of the United States Trustee Program, as 
authorized, $255,000,000, to remain available until expended:  Provided, 
That, notwithstanding any other provision of law, deposits of 
discretionary offsetting collections to the United States Trustee System 
Fund and amounts herein appropriated shall be available in such amounts 
as may be necessary to pay refunds due depositors:  Provided further, 
That, notwithstanding any other provision of law, fees deposited into 
the Fund as discretionary offsetting collections pursuant to section 
589a of title 28, United States Code (as limited by section 589a(f)(2) 
of title 28, United States Code), shall be retained and used for 
necessary expenses in this appropriation and shall remain available 
until expended:  Provided further, That to the extent that fees 
deposited into the Fund as discretionary offsetting collections in 
fiscal year 2023, net of amounts necessary to pay refunds due 
depositors, exceed $255,000,000, those excess amounts shall be available 
in future fiscal years only to the extent provided in advance in 
appropriations Acts:  Provided further, <<NOTE: Reduction.>> That the 
sum herein appropriated from the general fund shall be reduced (1) as 
such fees are received during fiscal year 2023, net of amounts necessary 
to pay refunds due depositors, (estimated at $269,000,000) and (2) to 
the extent that any remaining general fund appropriations can be derived 
from amounts deposited in the Fund as discretionary offsetting 
collections in previous fiscal years that are not otherwise 
appropriated, so as to result in a final fiscal year 2023 appropriation 
from the general fund estimated at $0.

       salaries and expenses, foreign claims settlement commission

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

                     fees and expenses of witnesses

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

[[Page 136 STAT. 4525]]

installation, maintenance, and upgrade of secure telecommunications 
equipment and a secure automated information network to store and 
retrieve the identities and locations of protected witnesses:  Provided, 
That amounts made available under this heading may not be transferred 
pursuant to section 205 of this Act.

           salaries and expenses, community relations service

                      (including transfer of funds)

    For necessary expenses of the Community Relations Service, 
$25,024,000:  Provided, <<NOTE: Determination.>>  That notwithstanding 
section 205 of this Act, upon a determination by the Attorney General 
that emergent circumstances require additional funding for conflict 
resolution and violence prevention activities of the Community Relations 
Service, the Attorney General may transfer such amounts to the Community 
Relations Service, from available appropriations for the current fiscal 
year for the Department of Justice, as may be necessary to respond to 
such circumstances:  Provided further, That any transfer pursuant to the 
preceding proviso shall be treated as a reprogramming under section 505 
of this Act and shall not be available for obligation or expenditure 
except in compliance with the procedures set forth in that section.

                         assets forfeiture fund

    For expenses authorized by subparagraphs (B), (F), and (G) of 
section 524(c)(1) of title 28, United States Code, $20,514,000, to be 
derived from the Department of Justice Assets Forfeiture Fund.

                     United States Marshals Service

                          salaries and expenses

    For necessary expenses of the United States Marshals Service, 
$1,705,000,000, of which not to exceed $20,000 shall be available for 
official reception and representation expenses, and not to exceed 
$25,000,000 shall remain available until expended.

                              construction

    For construction in space that is controlled, occupied, or utilized 
by the United States Marshals Service for prisoner holding and related 
support, $18,000,000, to remain available until expended.

                       federal prisoner detention

    For necessary expenses related to United States prisoners in the 
custody of the United States Marshals Service as authorized by section 
4013 of title 18, United States Code, $2,129,789,000, to remain 
available until expended:  Provided, That not to exceed $20,000,000 
shall be considered ``funds appropriated for State and local law 
enforcement assistance'' pursuant to section 4013(b) of title 18, United 
States Code:  Provided further, That the United States Marshals Service 
shall be responsible for managing the Justice Prisoner and Alien 
Transportation System.

[[Page 136 STAT. 4526]]

                       National Security Division

                          salaries and expenses

                      (including transfer of funds)

    For expenses necessary to carry out the activities of the National 
Security Division, $133,512,000, of which not to exceed $5,000,000 for 
information technology systems shall remain available until expended:  
Provided, <<NOTE: Determination.>>  That notwithstanding section 205 of 
this Act, upon a determination by the Attorney General that emergent 
circumstances require additional funding for the activities of the 
National Security Division, the Attorney General may transfer such 
amounts to this heading from available appropriations for the current 
fiscal year for the Department of Justice, as may be necessary to 
respond to such circumstances:  Provided further, That any transfer 
pursuant to the preceding proviso shall be treated as a reprogramming 
under section 505 of this Act and shall not be available for obligation 
or expenditure except in compliance with the procedures set forth in 
that section.

                       Interagency Law Enforcement

                 interagency crime and drug enforcement

    For necessary expenses for the identification, investigation, and 
prosecution of individuals associated with the most significant drug 
trafficking organizations, transnational organized crime, and money 
laundering organizations not otherwise provided for, to include inter-
governmental agreements with State and local law enforcement agencies 
engaged in the investigation and prosecution of individuals involved in 
transnational organized crime and drug trafficking, $550,458,000, of 
which $50,000,000 shall remain available until expended:  
Provided, <<NOTE: Reimbursement.>>  That any amounts obligated from 
appropriations under this heading may be used under authorities 
available to the organizations reimbursed from this appropriation.

                     Federal Bureau of Investigation

                          salaries and expenses

    For necessary expenses of the Federal Bureau of Investigation for 
detection, investigation, and prosecution of crimes against the United 
States, $10,676,000,000, of which not to exceed $216,900,000 shall 
remain available until expended:  Provided, That not to exceed $284,000 
shall be available for official reception and representation expenses.

                              construction

    For necessary expenses, to include the cost of equipment, furniture, 
and information technology requirements, related to construction or 
acquisition of buildings, facilities, and sites by purchase, or as 
otherwise authorized by law; conversion, modification, and extension of 
federally owned buildings; preliminary planning and design of projects; 
and operation and maintenance of secure work environment facilities and 
secure networking capabilities; $651,895,000, to remain available until 
expended.

[[Page 136 STAT. 4527]]

                     Drug Enforcement Administration

                          salaries and expenses

    For necessary expenses of the Drug Enforcement Administration, 
including not to exceed $70,000 to meet unforeseen emergencies of a 
confidential character pursuant to section 530C of title 28, United 
States Code; and expenses for conducting drug education and training 
programs, including travel and related expenses for participants in such 
programs and the distribution of items of token value that promote the 
goals of such programs, $2,563,116,000, of which not to exceed 
$75,000,000 shall remain available until expended and not to exceed 
$90,000 shall be available for official reception and representation 
expenses:  Provided, That, notwithstanding section 3672 of Public Law 
106-310, up to $10,000,000 may be used to reimburse States, units of 
local government, Indian Tribal Governments, other public entities, and 
multi-jurisdictional or regional consortia thereof for expenses incurred 
to clean up and safely dispose of substances associated with clandestine 
methamphetamine laboratories, conversion and extraction operations, 
tableting operations, or laboratories and processing operations for 
fentanyl and fentanyl-related substances which may present a danger to 
public health or the environment.

           Bureau of Alcohol, Tobacco, Firearms and Explosives

                          salaries and expenses

    For necessary expenses of the Bureau of Alcohol, Tobacco, Firearms 
and Explosives, for training of State and local law enforcement agencies 
with or without reimbursement, including training in connection with the 
training and acquisition of canines for explosives and fire accelerants 
detection; and for provision of laboratory assistance to State and local 
law enforcement agencies, with or without reimbursement, $1,672,000,000, 
of which not to exceed $36,000 shall be for official reception and 
representation expenses, not to exceed $1,000,000 shall be available for 
the payment of attorneys' fees as provided by section 924(d)(2) of title 
18, United States Code, and not to exceed $25,000,000 shall remain 
available until expended:  Provided, That none of the funds appropriated 
herein shall be available to investigate or act upon applications for 
relief from Federal firearms disabilities under section 925(c) of title 
18, United States Code:  Provided further, That such funds shall be 
available to investigate and act upon applications filed by corporations 
for relief from Federal firearms disabilities under section 925(c) of 
title 18, United States Code:  Provided further, That no funds made 
available by this or any other Act may be used to transfer the 
functions, missions, or activities of the Bureau of Alcohol, Tobacco, 
Firearms and Explosives to other agencies or Departments.

                              construction

    For necessary expenses related to construction of laboratory 
facilities, to include the cost of equipment, furniture, and information 
technology requirements; construction or acquisition of buildings, 
facilities, and sites by purchase, or as otherwise authorized by law; 
conversion, modification and extension of federally

[[Page 136 STAT. 4528]]

owned buildings; and preliminary planning and design of projects; 
$75,000,000, to remain available until expended.

                          Federal Prison System

                          salaries and expenses

                      (including transfer of funds)

    For necessary expenses of the Federal Prison System for the 
administration, operation, and maintenance of Federal penal and 
correctional institutions, and for the provision of technical assistance 
and advice on corrections related issues to foreign governments, 
$8,392,588,000:  Provided, That not less than $409,483,000 shall be for 
the programs and activities authorized by the First Step Act of 2018 
(Public Law 115-391), of which not less than 2 percent shall be 
transferred to and merged with the appropriation for ``Office of Justice 
Programs--Research, Evaluation and Statistics'' for the National 
Institute of Justice to carry out evaluations of programs and activities 
related to the First Step Act of 2018:  Provided further, <<NOTE: 42 USC 
250a.>>  That the Attorney General may transfer to the Department of 
Health and Human Services such amounts as may be necessary for direct 
expenditures by that Department for medical relief for inmates of 
Federal penal and correctional institutions:  Provided 
further, <<NOTE: Contracts. Determination.>>  That the Director of the 
Federal Prison System, where necessary, may enter into contracts with a 
fiscal agent or fiscal intermediary claims processor to determine the 
amounts payable to persons who, on behalf of the Federal Prison System, 
furnish health services to individuals committed to the custody of the 
Federal Prison System:  Provided further, That not to exceed $5,400 
shall be available for official reception and representation expenses:  
Provided further, That not to exceed $50,000,000 shall remain available 
until expended for necessary operations:  Provided further, That, of the 
amounts provided for contract confinement, not to exceed $20,000,000 
shall remain available until expended to make payments in advance for 
grants, contracts and reimbursable agreements, and other expenses:  
Provided further, <<NOTE: Donations.>>  That the Director of the Federal 
Prison System may accept donated property and services relating to the 
operation of the prison card program from a not-for-profit entity which 
has operated such program in the past, notwithstanding the fact that 
such not-for-profit entity furnishes services under contracts to the 
Federal Prison System relating to the operation of pre-release services, 
halfway houses, or other custodial facilities.

                        buildings and facilities

    For planning, acquisition of sites, and construction of new 
facilities; purchase and acquisition of facilities and remodeling, and 
equipping of such facilities for penal and correctional use, including 
all necessary expenses incident thereto, by contract or force account; 
and constructing, remodeling, and equipping necessary buildings and 
facilities at existing penal and correctional institutions, including 
all necessary expenses incident thereto, by contract or force account, 
$108,000,000, to remain available until expended:  Provided, That labor 
of United States prisoners may be used for work performed under this 
appropriation.

[[Page 136 STAT. 4529]]

                 federal prison industries, incorporated

     <<NOTE: Contracts.>> The Federal Prison Industries, Incorporated, 
is hereby authorized to make such expenditures within the limits of 
funds and borrowing authority available, and in accord with the law, and 
to make such contracts and commitments without regard to fiscal year 
limitations as provided by section 9104 of title 31, United States Code, 
as may be necessary in carrying out the program set forth in the budget 
for the current fiscal year for such corporation.

   limitation on administrative expenses, federal prison industries, 
                              incorporated

    Not to exceed $2,700,000 of the funds of the Federal Prison 
Industries, Incorporated, shall be available for its administrative 
expenses, and for services as authorized by section 3109 of title 5, 
United States Code, to be computed on an accrual basis to be determined 
in accordance with the corporation's current prescribed accounting 
system, and such amounts shall be exclusive of depreciation, payment of 
claims, and expenditures which such accounting system requires to be 
capitalized or charged to cost of commodities acquired or produced, 
including selling and shipping expenses, and expenses in connection with 
acquisition, construction, operation, maintenance, improvement, 
protection, or disposition of facilities and other property belonging to 
the corporation or in which it has an interest.

               State and Local Law Enforcement Activities

                    Office on Violence Against Women

       violence against women prevention and prosecution programs

                      (including transfer of funds)

    For grants, contracts, cooperative agreements, and other assistance 
for the prevention and prosecution of violence against women, as 
authorized by the Omnibus Crime Control and Safe Streets Act of 1968 (34 
U.S.C. 10101 et seq.) (``the 1968 Act''); title II of the Civil Rights 
Act of 1968 (commonly known as the ``Indian Civil Rights Act of 1968'') 
(Public Law 90-284) (``the Indian Civil Rights Act''); the Violent Crime 
Control and Law Enforcement Act of 1994 (Public Law 103-322) (``the 1994 
Act''); the Victims of Child Abuse Act of 1990 (Public Law 101-647) 
(``the 1990 Act''); the Prosecutorial Remedies and Other Tools to end 
the Exploitation of Children Today Act of 2003 (Public Law 108-21); the 
Juvenile Justice and Delinquency Prevention Act of 1974 (34 U.S.C. 11101 
et seq.) (``the 1974 Act''); the Victims of Trafficking and Violence 
Protection Act of 2000 (Public Law 106-386) (``the 2000 Act''); the 
Violence Against Women and Department of Justice Reauthorization Act of 
2005 (Public Law 109-162) (``the 2005 Act''); the Violence Against Women 
Reauthorization Act of 2013 (Public Law 113-4) (``the 2013 Act''); the 
Justice for Victims of Trafficking Act of 2015 (Public Law 114-22) 
(``the 2015 Act''); and the Abolish Human Trafficking Act (Public Law 
115-392); and the Violence Against Women Act Reauthorization Act of 2022 
(division W of

[[Page 136 STAT. 4530]]

Public Law 117-103) (``the 2022 Act''); and for related victims 
services, $700,000,000, to remain available until expended:  Provided, 
That except as otherwise provided by law, not to exceed 5 percent of 
funds made available under this heading may be used for expenses related 
to evaluation, training, and technical assistance:  Provided further, 
That of the amount provided--
            (1) $255,000,000 is for grants to combat violence against 
        women, as authorized by part T of the 1968 Act, and any 
        applicable increases for the amount of such grants, as 
        authorized by section 5903 of the James M. Inhofe National 
        Defense Authorization Act for Fiscal Year 2023:  Provided, That 
        $10,000,000 shall be for any such increases under such section 
        5903, which shall apply to fiscal year 2023 grants funded by 
        amounts provided in this paragraph;
            (2) $50,000,000 is for transitional housing assistance 
        grants for victims of domestic violence, dating violence, 
        stalking, or sexual assault as authorized by section 40299 of 
        the 1994 Act;
            (3) $2,500,000 is for the National Institute of Justice and 
        the Bureau of Justice Statistics for research, evaluation, and 
        statistics of violence against women and related issues 
        addressed by grant programs of the Office on Violence Against 
        Women, which shall be transferred to ``Research, Evaluation and 
        Statistics'' for administration by the Office of Justice 
        Programs;
            (4) $17,000,000 is for a grant program to provide services 
        to advocate for and respond to youth victims of domestic 
        violence, dating violence, sexual assault, and stalking; 
        assistance to children and youth exposed to such violence; 
        programs to engage men and youth in preventing such violence; 
        and assistance to middle and high school students through 
        education and other services related to such violence, of which 
        $3,500,000 is to engage men and youth in preventing domestic 
        violence, dating violence, sexual assault, and stalking:  
        Provided, That unobligated balances available for the programs 
        authorized by sections 41201, 41204, 41303, and 41305 of the 
        1994 Act, prior to its amendment by the 2013 Act, shall be 
        available for this program:  Provided 
        further, <<NOTE: Grants.>>  That 10 percent of the total amount 
        available for this grant program shall be available for grants 
        under the program authorized by section 2015 of the 1968 Act:  
        Provided further, <<NOTE: Applicability.>>  That the definitions 
        and grant conditions in section 40002 of the 1994 Act shall 
        apply to this program;
            (5) $60,500,000 is for grants to improve the criminal 
        justice response as authorized by part U of title I the 1968 
        Act, of which $4,000,000 is for a homicide reduction initiative; 
        up to $4,000,000 is for a domestic violence lethality reduction 
        initiative; $8,000,000 is for an initiative to promote effective 
        policing and prosecution responses to domestic violence, dating 
        violence, sexual assault, and stalking, including evaluation of 
        the effectiveness of funded interventions (``Policing and 
        Prosecution Initiative''); and $1,000,000 is for an initiative 
        to enhance prosecution and investigation of online abuse and 
        harassment (``Prosecution and Investigation of Online Abuse 
        Initiative''):  Provided, That subsections (c) and (d) of 
        section 2101 of the

[[Page 136 STAT. 4531]]

        1968 Act shall not apply to the Policing and Prosecution 
        Initiative or the Prosecution and Investigation of Online Abuse 
        Initiative;
            (6) $78,500,000 is for sexual assault victims assistance, as 
        authorized by section 41601 of the 1994 Act;
            (7) $50,000,000 is for rural domestic violence and child 
        abuse enforcement assistance grants, as authorized by section 
        40295 of the 1994 Act;
            (8) $25,000,000 is for grants to reduce violent crimes 
        against women on campus, as authorized by section 304 of the 
        2005 Act, of which $12,500,000 is for grants to Historically 
        Black Colleges and Universities, Hispanic-Serving Institutions, 
        and Tribal colleges and universities;
            (9) $55,000,000 is for legal assistance for victims, as 
        authorized by section 1201 of the 2000 Act;
            (10) $9,000,000 is for enhanced training and services to end 
        violence against and abuse of women in later life, as authorized 
        by section 40801 of the 1994 Act;
            (11) $22,000,000 is for grants to support families in the 
        justice system, as authorized by section 1301 of the 2000 Act:  
        Provided, That unobligated balances available for the programs 
        authorized by section 1301 of the 2000 Act and section 41002 of 
        the 1994 Act, prior to their amendment by the 2013 Act, shall be 
        available for this program;
            (12) $12,000,000 is for education and training to end 
        violence against and abuse of women with disabilities, as 
        authorized by section 1402 of the 2000 Act;
            (13) $1,000,000 is for the National Resource Center on 
        Workplace Responses to assist victims of domestic violence, as 
        authorized by section 41501 of the 1994 Act;
            (14) $1,000,000 is for analysis and research on violence 
        against Indian women, including as authorized by section 904 of 
        the 2005 Act:  Provided, That such funds may be transferred to 
        ``Research, Evaluation and Statistics'' for administration by 
        the Office of Justice Programs;
            (15) $500,000 is for a national clearinghouse that provides 
        training and technical assistance on issues relating to sexual 
        assault of American Indian and Alaska Native women;
            (16) $11,000,000 is for programs to assist Tribal 
        Governments in exercising special Tribal criminal jurisdiction, 
        as authorized by section 204 of the Indian Civil Rights Act:  
        Provided, <<NOTE: Applicability.>>  That the grant conditions in 
        section 40002(b) of the 1994 Act shall apply to grants made;
            (17) $2,500,000 is for the purposes authorized under the 
        2015 Act;
            (18) $15,000,000 is for a grant program to support 
        restorative justice responses to domestic violence, dating 
        violence, sexual assault, and stalking, including evaluations of 
        those responses:  Provided, <<NOTE: Applicability.>>  That the 
        definitions and grant conditions in section 109 of the 2022 Act, 
        shall apply to this program;
            (19) $11,000,000 is for culturally specific services for 
        victims, as authorized by section 121 of the 2005 Act;
            (20) $3,000,000 is for an initiative to support cross-
        designation of tribal prosecutors as Tribal Special Assistant 
        United States Attorneys:  Provided <<NOTE: Applicability.>> , 
        That the definitions and grant conditions in section 40002 of 
        the 1994 Act shall apply to this initiative;

[[Page 136 STAT. 4532]]

            (21) $1,000,000 is for an initiative to support victims of 
        domestic violence, dating violence, sexual assault, and 
        stalking, including through the provision of technical 
        assistance, as authorized by section 206 of the 2022 Act:  
        Provided, <<NOTE: Applicability.>>  That the definitions and 
        grant conditions in section 40002 of the 1994 Act shall apply to 
        this initiative;
            (22) $2,000,000 is for a National Deaf Services Line to 
        provide remote services to Deaf victims of domestic violence, 
        dating violence, sexual assault, and stalking:  
        Provided <<NOTE: Applicability.>> , That the definitions and 
        grant conditions in section 40002 of the 1994 Act shall apply to 
        this service line;
            (23) $5,000,000 is for grants for outreach and services to 
        underserved populations, as authorized by section 120 of the 
        2005 Act;
            (24) $4,000,000 is for an initiative to provide financial 
        assistance to victims, including evaluation of the effectiveness 
        of funded projects:  Provided <<NOTE: Applicability.>> , That 
        the definitions and grant conditions in section 40002 of the 
        1994 Act shall apply to this initiative;
            (25) $5,000,000 is for trauma-informed, victim-centered 
        training for law enforcement, and related research and 
        evaluation activities, as authorized by section 41701 of the 
        1994 Act; and
            (26) $1,500,000 is for a pilot program to improve victim 
        services on college campuses.

                       Office of Justice Programs

                   research, evaluation and statistics

    For grants, contracts, cooperative agreements, and other assistance 
authorized by title I of the Omnibus Crime Control and Safe Streets Act 
of 1968 (``the 1968 Act''); the Violent Crime Control and Law 
Enforcement Act of 1994 (Public Law 103-322) (``the 1994 Act''); the 
Juvenile Justice and Delinquency Prevention Act of 1974 (``the 1974 
Act''); the Missing Children's Assistance Act (34 U.S.C. 11291 et seq.); 
the Prosecutorial Remedies and Other Tools to end the Exploitation of 
Children Today Act of 2003 (Public Law 108-21) (``the PROTECT Act''); 
the Justice for All Act of 2004 (Public Law 108-405); the Violence 
Against Women and Department of Justice Reauthorization Act of 2005 
(Public Law 109-162) (``the 2005 Act''); the Victims of Child Abuse Act 
of 1990 (Public Law 101-647); the Second Chance Act of 2007 (Public Law 
110-199); the Victims of Crime Act of 1984 (Public Law 98-473); the Adam 
Walsh Child Protection and Safety Act of 2006 (Public Law 109-248) 
(``the Adam Walsh Act''); the PROTECT Our Children Act of 2008 (Public 
Law 110-401); subtitle C of title II of the Homeland Security Act of 
2002 (Public Law 107-296) (``the 2002 Act''); the Prison Rape 
Elimination Act of 2003 (Public Law 108-79) (``PREA''); the NICS 
Improvement Amendments Act of 2007 (Public Law 110-180); the Violence 
Against Women Reauthorization Act of 2013 (Public Law 113-4) (``the 2013 
Act''); the Comprehensive Addiction and Recovery Act of 2016 (Public Law 
114-198); the First Step Act of 2018 (Public Law 115-391); and other 
programs, $77,000,000, to remain available until expended, of which--

[[Page 136 STAT. 4533]]

            (1) $42,000,000 is for criminal justice statistics programs, 
        and other activities, as authorized by part C of title I of the 
        1968 Act; and
            (2) $35,000,000 is for research, development, and evaluation 
        programs, and other activities as authorized by part B of title 
        I of the 1968 Act and subtitle C of title II of the 2002 Act, 
        and for activities authorized by or consistent with the First 
        Step Act of 2018, of which $7,500,000 is for research targeted 
        toward developing a better understanding of the domestic 
        radicalization phenomenon, and advancing evidence-based 
        strategies for effective intervention and prevention; $1,000,000 
        is for research to study the root causes of school violence to 
        include the impact and effectiveness of grants made under the 
        STOP School Violence Act of 2018 (title V of division S of 
        Public Law 115-141); $1,000,000 is for research on violence 
        against American Indians and Alaska Natives or otherwise 
        affecting indigenous communities, in connection with extractive 
        industry activities; $1,000,000 is for research on gun violence 
        prevention; $1,000,000 is for surveys on the campus sexual 
        assault climate; $1,200,000 is for a study on certain school-
        based crimes; and $1,000,000 is for a study on law enforcement 
        and community agency responses to opioid overdoses.

               state and local law enforcement assistance

                      (including transfer of funds)

    For grants, contracts, cooperative agreements, and other assistance 
authorized by the Violent Crime Control and Law Enforcement Act of 1994 
(Public Law 103-322) (``the 1994 Act''); the Omnibus Crime Control and 
Safe Streets Act of 1968 (Public Law 90-351) (``the 1968 Act''); the 
Justice for All Act of 2004 (Public Law 108-405); the Victims of Child 
Abuse Act of 1990 (Public Law 101-647) (``the 1990 Act''); the 
Trafficking Victims Protection Reauthorization Act of 2005 (Public Law 
109-164) (``the TVPRA of 2005''); the Violence Against Women and 
Department of Justice Reauthorization Act of 2005 (Public Law 109-162) 
(``the 2005 Act''); the Adam Walsh Child Protection and Safety Act of 
2006 (Public Law 109-248) (``the Adam Walsh Act''); the Victims of 
Trafficking and Violence Protection Act of 2000 (Public Law 106-386) 
(``the Victims of Trafficking Act''); the NICS Improvement Amendments 
Act of 2007 (Public Law 110-180); subtitle C of title II of the Homeland 
Security Act of 2002 (Public Law 107-296) (``the 2002 Act''); the Prison 
Rape Elimination Act of 2003 (Public Law 108-79) (``PREA''); the Second 
Chance Act of 2007 (Public Law 110-199); the Prioritizing Resources and 
Organization for Intellectual Property Act of 2008 (Public Law 110-403); 
the Victims of Crime Act of 1984 (Public Law 98-473); the Mentally Ill 
Offender Treatment and Crime Reduction Reauthorization and Improvement 
Act of 2008 (Public Law 110-416); the Violence Against Women 
Reauthorization Act of 2013 (Public Law 113-4) (``the 2013 Act''); the 
Comprehensive Addiction and Recovery Act of 2016 (Public Law 114-198) 
(``CARA''); the Justice for All Reauthorization Act of 2016 (Public Law 
114-324); Kevin and Avonte's Law (division Q of Public Law 115-141) 
(``Kevin and Avonte's Law''); the Keep Young Athletes Safe Act of 2018 
(title III of division S of Public Law 115-141) (``the Keep Young 
Athletes Safe Act''); the STOP School Violence Act

[[Page 136 STAT. 4534]]

of 2018 (title V of division S of Public Law 115-141) (``the STOP School 
Violence Act''); the Fix NICS Act of 2018 (title VI of division S of 
Public Law 115-141); the Project Safe Neighborhoods Grant Program 
Authorization Act of 2018 (Public Law 115-185); the SUPPORT for Patients 
and Communities Act (Public Law 115-271); the Second Chance 
Reauthorization Act of 2018 (Public Law 115-391); the Matthew Shepard 
and James Byrd, Jr. Hate Crimes Prevention Act (Public Law 111-84); the 
Ashanti Alert Act of 2018 (Public Law 115-401); the Missing Persons and 
Unidentified Remains Act of 2019 (Public Law 116-277); the Jabara-Heyer 
NO HATE Act (34 U.S.C. 30507); the Violence Against Women Act 
Reauthorization Act of 2022 (division W of Public Law 117-103 (``the 
2022 Act''); and other programs, $2,416,805,000, to remain available 
until expended as follows--
            (1) $770,805,000 for the Edward Byrne Memorial Justice 
        Assistance Grant program as authorized by subpart 1 of part E of 
        title I of the 1968 Act (except that section 1001(c), and the 
        special rules for Puerto Rico under section 505(g), of title I 
        of the 1968 Act shall not apply for purposes of this Act), of 
        which, notwithstanding such subpart 1--
                    (A) $13,000,000 is for an Officer Robert Wilson III 
                memorial initiative on Preventing Violence Against Law 
                Enforcement and Ensuring Officer Resilience and 
                Survivability (VALOR);
                    (B) $3,500,000 is for the operation, maintenance, 
                and expansion of the National Missing and Unidentified 
                Persons System;
                    (C) $10,000,000 is for a grant program for State and 
                local law enforcement to provide officer training on 
                responding to individuals with mental illness or 
                disabilities;
                    (D) $5,000,000 is for a student loan repayment 
                assistance program pursuant to section 952 of Public Law 
                110-315;
                    (E) $15,500,000 is for prison rape prevention and 
                prosecution grants to States and units of local 
                government, and other programs, as authorized by PREA;
                    (F) $3,000,000 is for the Missing Americans Alert 
                Program (title XXIV of the 1994 Act), as amended by 
                Kevin and Avonte's Law;
                    (G) $20,000,000 is for grants authorized under the 
                Project Safe Neighborhoods Grant Authorization Act of 
                2018 (Public Law 115-185);
                    (H) $13,000,000 is for the Capital Litigation 
                Improvement Grant Program, as authorized by section 426 
                of Public Law 108-405, and for grants for wrongful 
                conviction review;
                    (I) $3,000,000 is for a national center on 
                restorative justice;
                    (J) $1,000,000 is for the purposes of the Ashanti 
                Alert Communications Network as authorized under the 
                Ashanti Alert Act of 2018 (Public Law 115-401);
                    (K) $3,500,000 is for a grant program to replicate 
                and support family-based alternative sentencing 
                programs;
                    (L) $2,000,000 is for a grant program to support 
                child advocacy training in post-secondary education;
                    (M) $8,000,000 is for a rural violent crime 
                initiative, including assistance for law enforcement;

[[Page 136 STAT. 4535]]

                    (N) $6,000,000 is for grants authorized under the 
                Missing Persons and Unidentified Remains Act of 2019 
                (Public Law 116-277);
                    (O) $4,000,000 is for a drug data research center to 
                combat opioid abuse;
                    (P) $1,500,000 is for grants to accredited 
                institutions of higher education to support forensic 
                ballistics programs;
                    (Q) $229,551,000 is for discretionary grants to 
                improve the functioning of the criminal justice system, 
                to prevent or combat juvenile delinquency, and to assist 
                victims of crime (other than compensation), which shall 
                be used for the projects, and in the amounts, specified 
                under the heading, ``Byrne Discretionary Community 
                Project Grants/Byrne Discretionary Grants'', in the 
                explanatory statement described in section 4 (in the 
                matter preceding division A of this consolidated Act):  
                Provided, That such amounts may not be transferred for 
                any other purpose;
                    (R) $5,000,000 is for the purposes authorized under 
                section 1506 of the 2022 Act;
                    (S) $5,000,000 is for a program to improve virtual 
                training for law enforcement; and
                    (T) $7,000,000 is for programs for cybercrime 
                enforcement, as authorized by sections 1401 and 1402 of 
                the 2022 Act;
            (2) $234,000,000 for the State Criminal Alien Assistance 
        Program, as authorized by section 241(I)(5) of the Immigration 
        and Nationality Act (8 U.S.C. 1231(I)(5)):  Provided, That no 
        jurisdiction shall request compensation for any cost greater 
        than the actual cost for Federal immigration and other detainees 
        housed in State and local detention facilities;
            (3) $95,000,000 for victim services programs for victims of 
        trafficking, as authorized by section 107(b)(2) of the Victims 
        of Trafficking Act, by the TVPRA of 2005, or programs authorized 
        under Public Law 113-4;
            (4) $13,000,000 for a grant program to prevent and address 
        economic, high technology, white collar, and Internet crime, 
        including as authorized by section 401 of Public Law 110-403, of 
        which not less than $2,500,000 is for intellectual property 
        enforcement grants including as authorized by section 401, and 
        $2,000,000 is for grants to develop databases on Internet of 
        Things device capabilities and to build and execute training 
        modules for law enforcement;
            (5) $20,000,000 for sex offender management assistance, as 
        authorized by the Adam Walsh Act, and related activities;
            (6) $30,000,000 for the Patrick Leahy Bulletproof Vest 
        Partnership Grant Program, as authorized by section 2501 of 
        title I of the 1968 Act:  Provided, That $1,500,000 shall be 
        transferred directly to the National Institute of Standards and 
        Technology's Office of Law Enforcement Standards for research, 
        testing, and evaluation programs;
            (7) $1,000,000 for the National Sex Offender Public Website;
            (8) $95,000,000 for grants to States to upgrade criminal and 
        mental health records for the National Instant Criminal 
        Background Check System, of which no less than $25,000,000 shall 
        be for grants made under the authorities of the NICS

[[Page 136 STAT. 4536]]

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

[[Page 136 STAT. 4537]]

        be for Pay for Success programs implementing the Permanent 
        Supportive Housing Model and reentry housing;
            (15) $445,000,000 for comprehensive opioid use reduction 
        activities, including as authorized by CARA, and for the 
        following programs, which shall address opioid, stimulant, and 
        substance use disorders consistent with underlying program 
        authorities, of which--
                    (A) $95,000,000 is for Drug Courts, as authorized by 
                section 1001(a)(25)(A) of title I of the 1968 Act;
                    (B) $45,000,000 is for mental health courts and 
                adult and juvenile collaboration program grants, as 
                authorized by parts V and HH of title I of the 1968 Act, 
                and the Mentally Ill Offender Treatment and Crime 
                Reduction Reauthorization and Improvement Act of 2008 
                (Public Law 110-416);
                    (C) $45,000,000 is for grants for Residential 
                Substance Abuse Treatment for State Prisoners, as 
                authorized by part S of title I of the 1968 Act;
                    (D) $35,000,000 is for a veterans treatment courts 
                program;
                    (E) $35,000,000 is for a program to monitor 
                prescription drugs and scheduled listed chemical 
                products; and
                    (F) $190,000,000 is for a comprehensive opioid, 
                stimulant, and substance use disorder program;
            (16) $2,500,000 for a competitive grant program authorized 
        by the Keep Young Athletes Safe Act;
            (17) $82,000,000 for grants to be administered by the Bureau 
        of Justice Assistance for purposes authorized under the STOP 
        School Violence Act;
            (18) $3,500,000 for grants to State and local law 
        enforcement agencies for the expenses associated with the 
        investigation and prosecution of criminal offenses involving 
        civil rights, authorized by the Emmett Till Unsolved Civil 
        Rights Crimes Reauthorization Act of 2016 (Public Law 114-325);
            (19) $25,000,000 for grants to State, local, and Tribal law 
        enforcement agencies to conduct educational outreach and 
        training on hate crimes and to investigate and prosecute hate 
        crimes, as authorized by section 4704 of the Matthew Shepard and 
        James Byrd, Jr. Hate Crimes Prevention Act (Public Law 111-84);
            (20) $10,000,000 for grants to support community-based 
        approaches to advancing justice and reconciliation, facilitating 
        dialogue between all parties, building local capacity, de-
        escalating community tensions, and preventing hate crimes 
        through conflict resolution and community empowerment and 
        education;
            (21) $10,000,000 for programs authorized under the Jabara-
        Heyer NO HATE Act (34 U.S.C. 30507); and
            (22) $120,000,000 for initiatives to improve police-
        community relations, of which $35,000,000 is for a competitive 
        matching grant program for purchases of body-worn cameras for 
        State, local, and Tribal law enforcement; $35,000,000 is for a 
        justice reinvestment initiative, for activities related to 
        criminal justice reform and recidivism reduction; and 
        $50,000,000 is for a community violence intervention and 
        prevention initiative:

  Provided, That, if a unit of local government uses any of the funds 
made available under this heading to increase the number

[[Page 136 STAT. 4538]]

of law enforcement officers, the unit of local government will achieve a 
net gain in the number of law enforcement officers who perform non-
administrative public sector safety service:  Provided further, That in 
the spending plan submitted pursuant to section 528 of this Act, the 
Office of Justice Programs shall specifically and explicitly identify 
all changes in the administration of competitive grant programs for 
fiscal year 2023, including changes to applicant eligibility, priority 
areas or weightings, and the application review process.

                        juvenile justice programs

    For grants, contracts, cooperative agreements, and other assistance 
authorized by the Juvenile Justice and Delinquency Prevention Act of 
1974 (``the 1974 Act''); the Omnibus Crime Control and Safe Streets Act 
of 1968 (``the 1968 Act''); the Violence Against Women and Department of 
Justice Reauthorization Act of 2005 (Public Law 109-162) (``the 2005 
Act''); the Missing Children's Assistance Act (34 U.S.C. 11291 et seq.); 
the PROTECT Act (Public Law 108-21); the Victims of Child Abuse Act of 
1990 (Public Law 101-647) (``the 1990 Act''); the Adam Walsh Child 
Protection and Safety Act of 2006 (Public Law 109-248) (``the Adam Walsh 
Act''); the PROTECT Our Children Act of 2008 (Public Law 110-401); the 
Violence Against Women Reauthorization Act of 2013 (Public Law 113-4) 
(``the 2013 Act''); the Justice for All Reauthorization Act of 2016 
(Public Law 114-324); the Missing Children's Assistance Act of 2018 
(Public Law 115-267); the Juvenile Justice Reform Act of 2018 (Public 
Law 115-385); the Victims of Crime Act of 1984 (chapter XIV of title II 
of Public Law 98-473) (``the 1984 Act''); the Comprehensive Addiction 
and Recovery Act of 2016 (Public Law 114-198); and other juvenile 
justice programs, $400,000,000, to remain available until expended as 
follows--
            (1) $75,000,000 for programs authorized by section 221 of 
        the 1974 Act, and for training and technical assistance to 
        assist small, nonprofit organizations with the Federal grants 
        process:  Provided, That of the amounts provided under this 
        paragraph, $500,000 shall be for a competitive demonstration 
        grant program to support emergency planning among State, local, 
        and Tribal juvenile justice residential facilities;
            (2) $107,000,000 for youth mentoring grants;
            (3) $65,000,000 for delinquency prevention, of which, 
        pursuant to sections 261 and 262 of the 1974 Act--
                    (A) $5,000,000 shall be for grants to prevent 
                trafficking of girls;
                    (B) $17,000,000 shall be for the Tribal Youth 
                Program;
                    (C) $500,000 shall be for an Internet site providing 
                information and resources on children of incarcerated 
                parents;
                    (D) $5,500,000 shall be for competitive grants 
                focusing on girls in the juvenile justice system;
                    (E) $12,500,000 shall be for an initiative relating 
                to youth affected by opioids, stimulants, and substance 
                use disorder;
                    (F) $10,000,000 shall be for an initiative relating 
                to children exposed to violence; and
                    (G) $2,000,000 shall be for grants to protect 
                vulnerable and at-risk youth;

[[Page 136 STAT. 4539]]

            (4) $41,000,000 for programs authorized by the Victims of 
        Child Abuse Act of 1990;
            (5) $105,000,000 for missing and exploited children 
        programs, including as authorized by sections 404(b) and 405(a) 
        of the 1974 Act (except that section 102(b)(4)(B) of the PROTECT 
        Our Children Act of 2008 (Public Law 110-401) shall not apply 
        for purposes of this Act);
            (6) $4,500,000 for child abuse training programs for 
        judicial personnel and practitioners, as authorized by section 
        222 of the 1990 Act; and
            (7) $2,500,000 for a program to improve juvenile indigent 
        defense:

  Provided, That not more than 10 percent of each amount may be used for 
research, evaluation, and statistics activities designed to benefit the 
programs or activities authorized:  Provided further, That not more than 
2 percent of the amounts designated under paragraphs (1) through (3) and 
(6) may be used for training and technical assistance:  Provided 
further, That the two preceding provisos shall not apply to grants and 
projects administered pursuant to sections 261 and 262 of the 1974 Act 
and to missing and exploited children programs.

                     public safety officer benefits

                      (including transfer of funds)

    For payments and expenses authorized under section 1001(a)(4) of 
title I of the Omnibus Crime Control and Safe Streets Act of 1968, such 
sums as are necessary (including amounts for administrative costs), to 
remain available until expended; and $34,800,000 for payments authorized 
by section 1201(b) of such Act and for educational assistance authorized 
by section 1218 of such Act, to remain available until expended:  
Provided, <<NOTE: Determination.>>  That notwithstanding section 205 of 
this Act, upon a determination by the Attorney General that emergent 
circumstances require additional funding for such disability and 
education payments, the Attorney General may transfer such amounts to 
``Public Safety Officer Benefits'' from available appropriations for the 
Department of Justice as may be necessary to respond to such 
circumstances:  Provided further, That any transfer pursuant to the 
preceding proviso shall be treated as a reprogramming under section 505 
of this Act and shall not be available for obligation or expenditure 
except in compliance with the procedures set forth in that section.

                  Community Oriented Policing Services

              community oriented policing services programs

                      (including transfer of funds)

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

[[Page 136 STAT. 4540]]

and Communities Act (Public Law 115-271); and the Supporting and 
Treating Officers In Crisis Act of 2019 (Public Law 116-32) (``the STOIC 
Act''), $662,880,000, to remain available until expended:  Provided, 
That any balances made available through prior year deobligations shall 
only be available in accordance with section 505 of this Act:  Provided 
further, That of the amount provided under this heading--
            (1) $324,000,000 is for grants under section 1701 of title I 
        of the 1968 Act (34 U.S.C. 10381) for the hiring and rehiring of 
        additional career law enforcement officers under part Q of such 
        title notwithstanding subsection (i) of such section:  Provided, 
        That, notwithstanding section 1704(c) of such title (34 U.S.C. 
        10384(c)), funding for hiring or rehiring a career law 
        enforcement officer may not exceed $125,000 unless the Director 
        of the Office of Community Oriented Policing Services grants a 
        waiver from this limitation:  Provided further, That of the 
        amounts appropriated under this paragraph, $34,000,000 is for 
        improving Tribal law enforcement, including hiring, equipment, 
        training, anti-methamphetamine activities, and anti-opioid 
        activities:  Provided further, That of the amounts appropriated 
        under this paragraph, $44,000,000 is for regional information 
        sharing activities, as authorized by part M of title I of the 
        1968 Act, which shall be transferred to and merged with 
        ``Research, Evaluation, and Statistics'' for administration by 
        the Office of Justice Programs:  Provided further, That of the 
        amounts appropriated under this paragraph, no less than 
        $4,000,000 is to support the Tribal Access Program:  Provided 
        further, That of the amounts appropriated under this paragraph, 
        $10,000,000 is for training, peer mentoring, mental health 
        program activities, and other support services as authorized 
        under the LEMHW Act and the STOIC Act:  Provided further, That 
        of the amounts appropriated under this paragraph, $7,500,000 is 
        for the collaborative reform model of technical assistance in 
        furtherance of section 1701 of title I of the 1968 Act (34 
        U.S.C. 10381);
            (2) $12,000,000 is for activities authorized by the POLICE 
        Act of 2016 (Public Law 114-199);
            (3) $16,000,000 is for competitive grants to State law 
        enforcement agencies in States with high seizures of precursor 
        chemicals, finished methamphetamine, laboratories, and 
        laboratory dump seizures:  Provided <<NOTE: Drugs and drug 
        abuse.>> , That funds appropriated under this paragraph shall be 
        utilized for investigative purposes to locate or investigate 
        illicit activities, including precursor diversion, laboratories, 
        or methamphetamine traffickers;
            (4) $35,000,000 is for competitive grants to statewide law 
        enforcement agencies in States with high rates of primary 
        treatment admissions for heroin and other opioids:  Provided, 
        That <<NOTE: Drugs and drug abuse.>> these funds shall be 
        utilized for investigative purposes to locate or investigate 
        illicit activities, including activities related to the 
        distribution of heroin or unlawful distribution of prescription 
        opioids, or unlawful heroin and prescription opioid traffickers 
        through statewide collaboration;
            (5) $53,000,000 is for competitive grants to be administered 
        by the Community Oriented Policing Services Office for purposes 
        authorized under the STOP School Violence Act (title V of 
        division S of Public Law 115-141);

[[Page 136 STAT. 4541]]

            (6) $45,000,000 is for community policing development 
        activities in furtherance of section 1701 of title I of the 1968 
        Act (34 U.S.C. 10381); and
            (7) $177,880,000 is for a law enforcement technologies and 
        interoperable communications program, and related law 
        enforcement and public safety equipment, which shall be used for 
        the projects, and in the amounts, specified under the heading, 
        ``Community Oriented Policing Services, Technology and Equipment 
        Community Projects/ COPS Law Enforcement Technology and 
        Equipment'', in the explanatory statement described in section 4 
        (in the matter preceding division A of this consolidated Act):  
        Provided, That such amounts may not be transferred for any other 
        purpose:   Provided further, That grants funded by such amounts 
        shall not be subject to section 1703 of title I of the 1968 Act 
        (34 U.S.C. 10383).

                General Provisions--Department of Justice

                      (including transfer of funds)

    Sec. 201.  In addition to amounts otherwise made available in this 
title for official reception and representation expenses, a total of not 
to exceed $50,000 from funds appropriated to the Department of Justice 
in this title shall be available to the Attorney General for official 
reception and representation expenses.
    Sec. 202. <<NOTE: Abortion.>>  None of the funds appropriated by 
this title shall be available to pay for an abortion, except where the 
life of the mother would be endangered if the fetus were carried to 
term, or in the case of rape or incest:  Provided, That should this 
prohibition be declared unconstitutional by a court of competent 
jurisdiction, this section shall be null and void.

    Sec. 203. <<NOTE: Abortion.>>  None of the funds appropriated under 
this title shall be used to require any person to perform, or facilitate 
in any way the performance of, any abortion.

    Sec. 204. <<NOTE: Prisons and prisoners. Abortion.>>  Nothing in the 
preceding section shall remove the obligation of the Director of the 
Bureau of Prisons to provide escort services necessary for a female 
inmate to receive such service outside the Federal facility:  Provided, 
That nothing in this section in any way diminishes the effect of section 
203 intended to address the philosophical beliefs of individual 
employees of the Bureau of Prisons.

    Sec. 205.  Not to exceed 5 percent of any appropriation made 
available for the current fiscal year for the Department of Justice in 
this Act may be transferred between such appropriations, but no such 
appropriation, except as otherwise specifically provided, shall be 
increased by more than 10 percent by any such transfers:  Provided, That 
any transfer pursuant to this section shall be treated as a 
reprogramming of funds under section 505 of this Act and shall not be 
available for obligation except in compliance with the procedures set 
forth in that section:  Provided further, That this section shall not 
apply to the following--
            (1) paragraph 1(Q) under the heading ``State and Local Law 
        Enforcement Assistance''; and
            (2) paragraph (7) under the heading ``Community Oriented 
        Policing Services Programs''.

    Sec. 206. <<NOTE: Prisons and prisoners.>>   None of the funds made 
available under this title may be used by the Federal Bureau of Prisons 
or the United

[[Page 136 STAT. 4542]]

States Marshals Service for the purpose of transporting an individual 
who is a prisoner pursuant to conviction for crime under State or 
Federal law and is classified as a maximum or high security prisoner, 
other than to a prison or other facility certified by the Federal Bureau 
of Prisons as appropriately secure for housing such a prisoner.

    Sec. 207. <<NOTE: Prisons and prisoners.>>  (a) None of the funds 
appropriated by this Act may be used by Federal prisons to purchase 
cable television services, or to rent or purchase audiovisual or 
electronic media or equipment used primarily for recreational purposes.

    (b) Subsection (a) does not preclude the rental, maintenance, or 
purchase of audiovisual or electronic media or equipment for inmate 
training, religious, or educational programs.
    Sec. 208. <<NOTE: Certification.>>  None of the funds made available 
under this title shall be obligated or expended for any new or enhanced 
information technology program having total estimated development costs 
in excess of $100,000,000, unless the Deputy Attorney General and the 
investment review board certify to the Committees on Appropriations of 
the House of Representatives and the Senate that the information 
technology program has appropriate program management controls and 
contractor oversight mechanisms in place, and that the program is 
compatible with the enterprise architecture of the Department of 
Justice.

    Sec. 209. <<NOTE: Applicability.>>  The notification thresholds and 
procedures set forth in section 505 of this Act shall apply to 
deviations from the amounts designated for specific activities in this 
Act and in the explanatory statement described in section 4 (in the 
matter preceding division A of this consolidated Act), and to any use of 
deobligated balances of funds provided under this title in previous 
years.

    Sec. 210.  None of the funds appropriated by this Act may be used to 
plan for, begin, continue, finish, process, or approve a public-private 
competition under the Office of Management and Budget Circular A-76 or 
any successor administrative regulation, directive, or policy for work 
performed by employees of the Bureau of Prisons or of Federal Prison 
Industries, Incorporated.
    Sec. 211.  Notwithstanding any other provision of law, no funds 
shall be available for the salary, benefits, or expenses of any United 
States Attorney assigned dual or additional responsibilities by the 
Attorney General or his designee that exempt that United States Attorney 
from the residency requirements of section 545 of title 28, United 
States Code.
    Sec. 212.  At the discretion of the Attorney General, and in 
addition to any amounts that otherwise may be available (or authorized 
to be made available) by law, with respect to funds appropriated by this 
title under the headings ``Research, Evaluation and Statistics'', 
``State and Local Law Enforcement Assistance'', and ``Juvenile Justice 
Programs''--
            (1) up to 2 percent of funds made available to the Office of 
        Justice Programs for grant or reimbursement programs may be used 
        by such Office to provide training and technical assistance; and
            (2) up to 2 percent of funds made available for grant or 
        reimbursement programs under such headings, except for amounts 
        appropriated specifically for research, evaluation, or 
        statistical programs administered by the National Institute of 
        Justice and the Bureau of Justice Statistics, shall be 
        transferred to and merged with funds provided to the National

[[Page 136 STAT. 4543]]

        Institute of Justice and the Bureau of Justice Statistics, to be 
        used by them for research, evaluation, or statistical purposes, 
        without regard to the authorizations for such grant or 
        reimbursement programs.

    This section shall not apply to paragraph 1(Q) under the heading 
``State and Local Law Enforcement Assistance''.
    Sec. 213. <<NOTE: Determination. Time period. Waiver authority.>>  
Upon request by a grantee for whom the Attorney General has determined 
there is a fiscal hardship, the Attorney General may, with respect to 
funds appropriated in this or any other Act making appropriations for 
fiscal years 2020 through 2023 for the following programs, waive the 
following requirements:
            (1) For the adult and juvenile offender State and local 
        reentry demonstration projects under part FF of title I of the 
        Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 
        10631 et seq.), the requirements under section 2976(g)(1) of 
        such part (34 U.S.C. 10631(g)(1)).
            (2) For grants to protect inmates and safeguard communities 
        as authorized by section 6 of the Prison Rape Elimination Act of 
        2003 (34 U.S.C. 30305(c)(3)), the requirements of section 
        6(c)(3) of such Act.

    Sec. 214.  Notwithstanding any other provision of law, section 
20109(a) of subtitle A of title II of the Violent Crime Control and Law 
Enforcement Act of 1994 (34 U.S.C. 12109(a)) shall not apply to amounts 
made available by this or any other Act.
    Sec. 215. <<NOTE: Firearms.>>   None of the funds made available 
under this Act, other than for the national instant criminal background 
check system established under section 103 of the Brady Handgun Violence 
Prevention Act (34 U.S.C. 40901), may be used by a Federal law 
enforcement officer to facilitate the transfer of an operable firearm to 
an individual if the Federal law enforcement officer knows or suspects 
that the individual is an agent of a drug cartel, unless law enforcement 
personnel of the United States continuously monitor or control the 
firearm at all times.

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

[[Page 136 STAT. 4544]]

    Sec. 218. <<NOTE: Time period. Reports.>>   The Attorney General 
shall submit to the Committees on Appropriations of the House of 
Representatives and the Senate quarterly reports on the Crime Victims 
Fund, the Working Capital Fund, the Three Percent Fund, and the Asset 
Forfeiture Fund. Such quarterly reports shall contain at least the same 
level of information and detail for each Fund as was provided to the 
Committees on Appropriations of the House of Representatives and the 
Senate in fiscal year 2022.

    Sec. 219.  Section 3201 of Public Law 101-647, as amended (28 U.S.C. 
509 note), is hereby amended: (1) by striking ``or the Immigration and 
Naturalization Service'' and inserting ``the Federal Prison System, the 
Bureau of Alcohol, Tobacco, Firearms and Explosives, or the United 
States Marshals Service''; and (2) by striking ``$25,000'' and inserting 
``$50,000''.
    Sec. 220. <<NOTE: Live tissue. Determination.>>   None of the funds 
made available under this Act may be used to conduct, contract for, or 
otherwise support, live tissue training, unless the Attorney General 
issues a written, non-delegable determination that such training is 
medically necessary and cannot be replicated by alternatives.

    Sec. 221. <<NOTE: Alabama.>> (a) Designation.--The facilities of the 
Federal Bureau of Investigation at Redstone Arsenal, Alabama, shall be 
known and designated as the ``Richard Shelby Center for Innovation and 
Advanced Training''.

    (b) References.--Any reference in a law, map, regulation, document, 
paper, or other record of the United States to the facilities of the 
Federal Bureau of Investigation at Redstone Arsenal referred to in 
subsection (a) shall be deemed to be a reference to the ``Richard Shelby 
Center for Innovation and Advanced Training''.
    This title may be cited as the ``Department of Justice 
Appropriations Act, 2023''.

TITLE III <<NOTE: Science Appropriations Act, 2023.>> 

                                 SCIENCE

                 Office of Science and Technology Policy

    For necessary expenses of the Office of Science and Technology 
Policy, in carrying out the purposes of the National Science and 
Technology Policy, Organization, and Priorities Act of 1976 (42 U.S.C. 
6601 et seq.), hire of passenger motor vehicles, and services as 
authorized by section 3109 of title 5, United States Code, not to exceed 
$2,250 for official reception and representation expenses, and rental of 
conference rooms in the District of Columbia, $7,965,000.

                         National Space Council

    For necessary expenses of the National Space Council, in carrying 
out the purposes of title V of Public Law 100-685 and Executive Order 
No. 13803, hire of passenger motor vehicles, and services as authorized 
by section 3109 of title 5, United States Code, not to exceed $2,250 for 
official reception and representation expenses, $1,965,000:  Provided, 
That notwithstanding any other provision of law, the National Space 
Council may accept personnel support from Federal agencies, departments, 
and offices, and such Federal agencies, departments, and offices may 
detail staff without

[[Page 136 STAT. 4545]]

reimbursement to the National Space Council for purposes provided 
herein.

              National Aeronautics and Space Administration

                                 science

    For necessary expenses, not otherwise provided for, in the conduct 
and support of science research and development activities, including 
research, development, operations, support, and services; maintenance 
and repair, facility planning and design; space flight, spacecraft 
control, and communications activities; program management; personnel 
and related costs, including uniforms or allowances therefor, as 
authorized by sections 5901 and 5902 of title 5, United States Code; 
travel expenses; purchase and hire of passenger motor vehicles; and 
purchase, lease, charter, maintenance, and operation of mission and 
administrative aircraft, $7,795,000,000, to remain available until 
September 30, 2024.

                               aeronautics

    For necessary expenses, not otherwise provided for, in the conduct 
and support of aeronautics research and development activities, 
including research, development, operations, support, and services; 
maintenance and repair, facility planning and design; space flight, 
spacecraft control, and communications activities; program management; 
personnel and related costs, including uniforms or allowances therefor, 
as authorized by sections 5901 and 5902 of title 5, United States Code; 
travel expenses; purchase and hire of passenger motor vehicles; and 
purchase, lease, charter, maintenance, and operation of mission and 
administrative aircraft, $935,000,000, to remain available until 
September 30, 2024.

                            space technology

    For necessary expenses, not otherwise provided for, in the conduct 
and support of space technology research and development activities, 
including research, development, operations, support, and services; 
maintenance and repair, facility planning and design; space flight, 
spacecraft control, and communications activities; program management; 
personnel and related costs, including uniforms or allowances therefor, 
as authorized by sections 5901 and 5902 of title 5, United States Code; 
travel expenses; purchase and hire of passenger motor vehicles; and 
purchase, lease, charter, maintenance, and operation of mission and 
administrative aircraft, $1,200,000,000, to remain available until 
September 30, 2024:  Provided, That $227,000,000 shall be for On-orbit 
Servicing, Assembly, and Manufacturing 1:  Provided further, That 
$110,000,000 shall be for the development, production, and demonstration 
of a nuclear thermal propulsion system, of which not less than 
$45,000,000 shall be for reactor development, not less than $45,000,000 
shall be for fuel materials development, and not less than $20,000,000 
shall be for non-nuclear systems development and acquisition planning:  
Provided further, <<NOTE: Deadline. Plan.>>  That, not later than 180 
days after the enactment of this Act, the National Aeronautics and Space 
Administration shall provide a plan for the design of a flight 
demonstration.

[[Page 136 STAT. 4546]]

                               exploration

    For necessary expenses, not otherwise provided for, in the conduct 
and support of Artemis Campaign Development activities, including 
research, development, operations, support, and services; maintenance 
and repair, facility planning and design; space flight, spacecraft 
control, and communications activities; program management; personnel 
and related costs, including uniforms or allowances therefor, as 
authorized by sections 5901 and 5902 of title 5, United States Code; 
travel expenses; purchase and hire of passenger motor vehicles; and 
purchase, lease, charter, maintenance, and operation of mission and 
administrative aircraft, $7,468,850,000, to remain available until 
September 30, 2024:  Provided, That not less than $1,338,700,000 shall 
be for the Orion Multi-Purpose Crew Vehicle:  Provided further, That not 
less than $2,600,000,000 shall be for the Space Launch System (SLS) 
launch vehicle, which shall have a lift capability not less than 130 
metric tons and which shall have core elements and an Exploration Upper 
Stage developed simultaneously to be used to the maximum extent 
practicable, including for Earth to Moon missions and Moon landings:  
Provided further, That of the amounts provided for SLS, not less than 
$600,000,000 shall be for SLS Block 1B development including the 
Exploration Upper Stage and associated systems including related 
facilitization, to support an SLS Block 1B mission available to launch 
in 2025 in addition to the planned Block 1 missions for Artemis I 
through Artemis III:  Provided further, That $799,150,000 shall be for 
Exploration Ground Systems and associated Block 1B activities, including 
up to $281,350,000 for a second mobile launch platform:  Provided 
further, <<NOTE: Time period. Budget profile.>>  That the National 
Aeronautics and Space Administration shall provide to the Committees on 
Appropriations of the House of Representatives and the Senate, 
concurrent with the annual budget submission, a 5-year budget profile 
for an integrated system that includes the SLS, the Orion Multi-Purpose 
Crew Vehicle, and associated ground systems that will ensure a crewed 
launch as early as possible, as well as a system-based funding profile 
for a sustained launch cadence that contemplates the use of an SLS Block 
1B cargo variant with an 8.4 meter fairing and associated ground 
systems:  Provided further, That $2,600,300,000 shall be for Artemis 
Campaign Development.

                            space operations

    For necessary expenses, not otherwise provided for, in the conduct 
and support of space operations research and development activities, 
including research, development, operations, support and services; space 
flight, spacecraft control, and communications activities, including 
operations, production, and services; maintenance and repair, facility 
planning and design; program management; personnel and related costs, 
including uniforms or allowances therefor, as authorized by sections 
5901 and 5902 of title 5, United States Code; travel expenses; purchase 
and hire of passenger motor vehicles; and purchase, lease, charter, 
maintenance, and operation of mission and administrative aircraft, 
$4,250,000,000, to remain available until September 30, 2024.

[[Page 136 STAT. 4547]]

      science, technology, engineering, and mathematics engagement

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

                  safety, security and mission services

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

        construction and environmental compliance and restoration

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

[[Page 136 STAT. 4548]]

condemnation of real property, as authorized by law, and environmental 
compliance and restoration, $47,300,000, to remain available until 
September 30, 2028:  Provided, <<NOTE: Contracts. Time period. 51 USC 
20145 note.>>  That proceeds from leases deposited into this account 
shall be available for a period of 5 years to the extent and in amounts 
as provided in annual appropriations Acts:  Provided further, That such 
proceeds referred to in the preceding proviso shall be available for 
obligation for fiscal year 2023 in an amount not to exceed $25,000,000:  
Provided further, That <<NOTE: Budget request. Estimate. 51 USC 30103 
note.>>  each annual budget request shall include an annual estimate of 
gross receipts and collections and proposed use of all funds collected 
pursuant to section 20145 of title 51, United States Code.

                       office of inspector general

    For necessary expenses of the Office of Inspector General in 
carrying out the Inspector General Act of 1978, $47,600,000, of which 
$500,000 shall remain available until September 30, 2024.

                        administrative provisions

                     (including transfers of funds)

     <<NOTE: 51 USC 20144 note.>> Funds for any announced prize 
otherwise authorized shall remain available, without fiscal year 
limitation, until a prize is claimed or the offer is withdrawn.

    Not to exceed 5 percent of any appropriation made available for the 
current fiscal year for the National Aeronautics and Space 
Administration in this Act may be transferred between such 
appropriations, but no such appropriation, except as otherwise 
specifically provided, shall be increased by more than 10 percent by any 
such transfers. Any funds transferred to ``Construction and 
Environmental Compliance and Restoration'' for construction activities 
shall not increase that account by more than 50 percent and any funds 
transferred to or within ``Exploration'' for Exploration Ground Systems 
shall not increase Exploration Ground Systems by more than $49,300,000. 
Balances so transferred shall be merged with and available for the same 
purposes and the same time period as the appropriations to which 
transferred. Any transfer pursuant to this provision shall be treated as 
a reprogramming of funds under section 505 of this Act and shall not be 
available for obligation except in compliance with the procedures set 
forth in that section.
    Not to exceed 5 percent of any appropriation provided for the 
National Aeronautics and Space Administration under previous 
appropriations Acts that remains available for obligation or expenditure 
in fiscal year 2023 may be transferred between such appropriations, but 
no such appropriation, except as otherwise specifically provided, shall 
be increased by more than 10 percent by any such transfers. Any transfer 
pursuant to this provision shall retain its original availability and 
shall be treated as a reprogramming of funds under section 505 of this 
Act and shall not be available for obligation except in compliance with 
the procedures set forth in that section.
     <<NOTE: Spending plan.>> The spending plan required by this Act 
shall be provided by the National Aeronautics and Space Administration 
at the theme, program, project, and activity level. The spending plan, 
as well as any subsequent change of an amount established in that 
spending plan that meets the notification requirements of section 505 of 
this Act, shall be treated as a reprogramming under section

[[Page 136 STAT. 4549]]

505 of this Act and shall not be available for obligation or expenditure 
except in compliance with the procedures set forth in that section.

    Not more than 20 percent or $50,000,000, whichever is less, of the 
amounts made available in the current-year Construction and 
Environmental Compliance and Restoration (CECR) appropriation may be 
applied to CECR projects funded under previous years' CECR 
appropriations. Use of current-year funds under this provision shall be 
treated as a reprogramming of funds under section 505 of this act and 
shall not be available for obligation except in compliance with the 
procedures set forth in that section.
    Of the amounts made available in this Act under the heading 
``Science, Technology, Engineering, and Mathematics Engagement'' (``STEM 
Engagement''), up to $5,000,000 shall be available to jointly fund, with 
an additional amount of up to $1,000,000 each from amounts made 
available in this Act under the headings ``Science'', ``Aeronautics'', 
``Space Technology'', ``Exploration'', and ``Space Operations'', 
projects and activities for engaging students in STEM and increasing 
STEM research capacities of universities, including Minority Serving 
Institutions.
    Section 30102(b) of title 51, United States Code, is amended by:
            (1) Redesignating existing paragraph (3) to (4); and
            (2) Inserting, after paragraph (2), the following:
            ``(3) Information technology (it) modernization.--The fund 
        shall also be available for the purpose of funding IT 
        Modernization activities, as described in section 1077(b)(3)(A)-
        (E) of Public Law 115-91, on a non-reimbursable basis.''.

    Not to exceed $18,162,000 made available for the current fiscal year 
in this Act within ``Safety, Security and Mission Services'' may be 
transferred to the Working Capital Fund of the National Aeronautics and 
Space Administration. Balances so transferred shall be available until 
expended only for activities described in section 30102(b)(3) of title 
51, United States Code, as amended by this Act, and shall remain 
available until expended. Any transfer pursuant to this provision shall 
be treated as a reprogramming of funds under section 505 of this Act and 
shall not be available for obligation except in compliance with the 
procedures set forth in that section.

                       National Science Foundation

                     research and related activities

    For necessary expenses in carrying out the National Science 
Foundation Act of 1950 (42 U.S.C. 1861 et seq.), and Public Law 86-209 
(42 U.S.C. 1880 et seq.); services as authorized by section 3109 of 
title 5, United States Code; maintenance and operation of aircraft and 
purchase of flight services for research support; acquisition of 
aircraft; and authorized travel; $7,021,136,000, to remain available 
until September 30, 2024, of which not to exceed $640,000,000 shall 
remain available until expended for polar research and operations 
support, and for reimbursement to other Federal agencies for operational 
and science support and logistical and other related activities for the 
United States Antarctic program:  Provided, That receipts for scientific 
support services and materials furnished by the National Research 
Centers and other National

[[Page 136 STAT. 4550]]

Science Foundation supported research facilities may be credited to this 
appropriation.

          major research equipment and facilities construction

    For necessary expenses for the acquisition, construction, 
commissioning, and upgrading of major research equipment, facilities, 
and other such capital assets pursuant to the National Science 
Foundation Act of 1950 (42 U.S.C. 1861 et seq.), including authorized 
travel, $187,230,000, to remain available until expended.

                             stem education

    For necessary expenses in carrying out science, mathematics, and 
engineering education and human resources programs and activities 
pursuant to the National Science Foundation Act of 1950 (42 U.S.C. 1861 
et seq.), including services as authorized by section 3109 of title 5, 
United States Code, authorized travel, and rental of conference rooms in 
the District of Columbia, $1,154,000,000, to remain available until 
September 30, 2024.

                 agency operations and award management

    For agency operations and award management necessary in carrying out 
the National Science Foundation Act of 1950 (42 U.S.C. 1861 et seq.); 
services authorized by section 3109 of title 5, United States Code; hire 
of passenger motor vehicles; uniforms or allowances therefor, as 
authorized by sections 5901 and 5902 of title 5, United States Code; 
rental of conference rooms in the District of Columbia; and 
reimbursement of the Department of Homeland Security for security guard 
services; $448,000,000:  Provided, That not to exceed $8,280 is for 
official reception and representation expenses:  Provided 
further, <<NOTE: Contracts.>>  That contracts may be entered into under 
this heading in fiscal year 2023 for maintenance and operation of 
facilities and for other services to be provided during the next fiscal 
year.

                  office of the national science board

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

                       office of inspector general

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

[[Page 136 STAT. 4551]]

                        administrative provisions

                     (including transfers of funds)

    Not to exceed 5 percent of any appropriation made available for the 
current fiscal year for the National Science Foundation in this Act may 
be transferred between such appropriations, but no such appropriation 
shall be increased by more than 10 percent by any such transfers. Any 
transfer pursuant to this paragraph shall be treated as a reprogramming 
of funds under section 505 of this Act and shall not be available for 
obligation except in compliance with the procedures set forth in that 
section.
     <<NOTE: Notification. Time period.>> The Director of the National 
Science Foundation (NSF) shall notify the Committees on Appropriations 
of the House of Representatives and the Senate at least 30 days in 
advance of any planned divestment through transfer, decommissioning, 
termination, or deconstruction of any NSF-owned facilities or any NSF 
capital assets (including land, structures, and equipment) valued 
greater than $2,500,000.

     <<NOTE: 42 USC 1875a.>> There is hereby established in the Treasury 
of the United States a fund to be known as the ``National Science 
Foundation Nonrecurring Expenses Fund'' (the Fund). Unobligated balances 
of expired discretionary funds appropriated for this or any succeeding 
fiscal year from the General Fund of the Treasury to the National 
Science Foundation by this or any other Act may be transferred (not 
later than the end of the fifth fiscal year after the last fiscal year 
for which such funds are available for the purposes for which 
appropriated) into the Fund. Amounts deposited in the Fund shall be 
available until expended, and in addition to such other funds as may be 
available for such purposes, for information and business technology 
system modernization and facilities infrastructure improvements, 
including nonrecurring maintenance, necessary for the operation of the 
Foundation or its funded research facilities, subject to approval by the 
Office of Management and Budget. <<NOTE: Notification. Time period.>>  
Amounts in the Fund may be obligated only after the Committees on 
Appropriations of the House of Representatives and the Senate are 
notified at least 15 days in advance of the planned use of funds.

    This title may be cited as the ``Science Appropriations Act, 2023''.

                                TITLE IV

                            RELATED AGENCIES

                       Commission on Civil Rights

                          salaries and expenses

    For necessary expenses of the Commission on Civil Rights, including 
hire of passenger motor vehicles, $14,350,000:  Provided, That none of 
the funds appropriated in this paragraph may be used to employ any 
individuals under Schedule C of subpart C of part 213 of title 5 of the 
Code of Federal Regulations exclusive of one special assistant for each 
Commissioner:  Provided further, That none of the funds appropriated in 
this paragraph shall be used to reimburse Commissioners for more than 75 
billable days, with the exception of the chairperson, who is permitted 
125 billable

[[Page 136 STAT. 4552]]

days:  Provided further, <<NOTE: Donations.>>  That the Chair may accept 
and use any gift or donation to carry out the work of the Commission:  
Provided further, That none of the funds appropriated in this paragraph 
shall be used for any activity or expense that is not explicitly 
authorized by section 3 of the Civil Rights Commission Act of 1983 (42 
U.S.C. 1975a):  Provided further, That notwithstanding the preceding 
proviso, $2,000,000 shall be used to separately fund the Commission on 
the Social Status of Black Men and Boys.

                 Equal Employment Opportunity Commission

                          salaries and expenses

    For necessary expenses of the Equal Employment Opportunity 
Commission as authorized by title VII of the Civil Rights Act of 1964, 
the Age Discrimination in Employment Act of 1967, the Equal Pay Act of 
1963, the Americans with Disabilities Act of 1990, section 501 of the 
Rehabilitation Act of 1973, the Civil Rights Act of 1991, the Genetic 
Information Nondiscrimination Act (GINA) of 2008 (Public Law 110-233), 
the ADA Amendments Act of 2008 (Public Law 110-325), and the Lilly 
Ledbetter Fair Pay Act of 2009 (Public Law 111-2), including services as 
authorized by section 3109 of title 5, United States Code; hire of 
passenger motor vehicles as authorized by section 1343(b) of title 31, 
United States Code; nonmonetary awards to private citizens; and up to 
$31,500,000 for payments to State and local enforcement agencies for 
authorized services to the Commission, $455,000,000:  Provided, That the 
Commission is authorized to make available for official reception and 
representation expenses not to exceed $2,250 from available funds:  
Provided further, <<NOTE: Workforce proposals. Notification.>> That the 
Commission may take no action to implement any workforce repositioning, 
restructuring, or reorganization until such time as the Committees on 
Appropriations of the House of Representatives and the Senate have been 
notified of such proposals, in accordance with the reprogramming 
requirements of section 505 of this Act:  Provided 
further, <<NOTE: Donations.>> That the Chair may accept and use any gift 
or donation to carry out the work of the Commission.

                     International Trade Commission

                          salaries and expenses

    For necessary expenses of the International Trade Commission, 
including hire of passenger motor vehicles and services as authorized by 
section 3109 of title 5, United States Code, and not to exceed $2,250 
for official reception and representation expenses, $122,400,000, to 
remain available until expended.

                       Legal Services Corporation

                payment to the legal services corporation

    For payment to the Legal Services Corporation to carry out the 
purposes of the Legal Services Corporation Act of 1974, $560,000,000, of 
which $516,100,000 is for basic field programs and required independent 
audits; $5,700,000 is for the Office of Inspector General, of which such 
amounts as may be necessary may be used to conduct additional audits of 
recipients; $26,200,000

[[Page 136 STAT. 4553]]

is for management and grants oversight; $5,000,000 is for client self-
help and information technology; $5,000,000 is for a Pro Bono Innovation 
Fund; and $2,000,000 is for loan repayment assistance:  Provided, That 
the Legal Services Corporation may continue to provide locality pay to 
officers and employees at a rate no greater than that provided by the 
Federal Government to Washington, DC-based employees as authorized by 
section 5304 of title 5, United States Code, notwithstanding section 
1005(d) of the Legal Services Corporation Act (42 U.S.C. 2996d(d)):  
Provided further <<NOTE: Applicability.>> , That the authorities 
provided in section 205 of this Act shall be applicable to the Legal 
Services Corporation:  Provided further, That, for the purposes of 
section 505 of this Act, the Legal Services Corporation shall be 
considered an agency of the United States Government.

          administrative provision--legal services corporation

    None of the funds appropriated in this Act to the Legal Services 
Corporation shall be expended for any purpose prohibited or limited by, 
or contrary to any of the provisions of, sections 501, 502, 503, 504, 
505, and 506 of Public Law 105-119, and all funds appropriated in this 
Act to the Legal Services Corporation shall be subject to the same terms 
and conditions set forth in such sections, except that all references in 
sections 502 and 503 to 1997 and 1998 shall be deemed to refer instead 
to 2022 and 2023, respectively.

                        Marine Mammal Commission

                          salaries and expenses

    For necessary expenses of the Marine Mammal Commission as authorized 
by title II of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1361 
et seq.), $4,500,000.

            Office of the United States Trade Representative

                          salaries and expenses

    For necessary expenses of the Office of the United States Trade 
Representative, including the hire of passenger motor vehicles and the 
employment of experts and consultants as authorized by section 3109 of 
title 5, United States Code, $61,000,000, of which $1,000,000 shall 
remain available until expended:  Provided, That of the total amount 
made available under this heading, not to exceed $124,000 shall be 
available for official reception and representation expenses.

                      trade enforcement trust fund

                      (including transfer of funds)

    For activities of the United States Trade Representative authorized 
by section 611 of the Trade Facilitation and Trade Enforcement Act of 
2015 (19 U.S.C. 4405), including transfers, $15,000,000, to be derived 
from the Trade Enforcement Trust Fund:  Provided, That any transfer 
pursuant to subsection (d)(1) of such section shall be treated as a 
reprogramming under section 505 of this Act.

[[Page 136 STAT. 4554]]

                         State Justice Institute

                          salaries and expenses

    For necessary expenses of the State Justice Institute, as authorized 
by the State Justice Institute Act of 1984 (42 U.S.C. 10701 et seq.) 
$7,640,000, of which $500,000 shall remain available until September 30, 
2024:  Provided, That not to exceed $2,250 shall be available for 
official reception and representation expenses:  Provided further, That, 
for the purposes of section 505 of this Act, the State Justice Institute 
shall be considered an agency of the United States Government.

                                 TITLE V

                           GENERAL PROVISIONS

                         (including rescissions)

                      (including transfer of funds)

    Sec. 501. <<NOTE: Propaganda.>>   No part of any appropriation 
contained in this Act shall be used for publicity or propaganda purposes 
not authorized by the Congress.

    Sec. 502.  No part of any appropriation contained in this Act shall 
remain available for obligation beyond the current fiscal year unless 
expressly so provided herein.
    Sec. 503. <<NOTE: Contracts.>>   The expenditure of any 
appropriation under this Act for any consulting service through 
procurement contract, pursuant to section 3109 of title 5, United States 
Code, shall be limited to those contracts where such expenditures are a 
matter of public record and available for public inspection, except 
where otherwise provided under existing law, or under existing Executive 
order issued pursuant to existing law.

    Sec. 504.  If any provision of this Act or the application of such 
provision to any person or circumstances shall be held invalid, the 
remainder of the Act and the application of each provision to persons or 
circumstances other than those as to which it is held invalid shall not 
be affected thereby.
    Sec. 505. <<NOTE: Contracts. Notification. Time period.>>  None of 
the funds provided under this Act, or provided under previous 
appropriations Acts to the agencies funded by this Act that remain 
available for obligation or expenditure in fiscal year 2023, or provided 
from any accounts in the Treasury of the United States derived by the 
collection of fees available to the agencies funded by this Act, shall 
be available for obligation or expenditure through a reprogramming of 
funds that: (1) creates or initiates a new program, project, or 
activity; (2) eliminates a program, project, or activity; (3) increases 
funds or personnel by any means for any project or activity for which 
funds have been denied or restricted; (4) relocates an office or 
employees; (5) reorganizes or renames offices, programs, or activities; 
(6) contracts out or privatizes any functions or activities presently 
performed by Federal employees; (7) augments existing programs, 
projects, or activities in excess of $500,000 or 10 percent, whichever 
is less, or reduces by 10 percent funding for any program, project, or 
activity, or numbers of personnel by 10 percent; or (8) results from any 
general savings, including savings from a reduction in personnel, which 
would result in a change in existing programs,

[[Page 136 STAT. 4555]]

projects, or activities as approved by Congress; unless the House and 
Senate Committees on Appropriations are notified 15 days in advance of 
such reprogramming of funds.

    Sec. 506. <<NOTE: Determination.>>  (a) If it has been finally 
determined by a court or Federal agency that any person intentionally 
affixed a label bearing a ``Made in America'' inscription, or any 
inscription with the same meaning, to any product sold in or shipped to 
the United States that is not made in the United States, the person 
shall be ineligible to receive any contract or subcontract made with 
funds made available in this Act, pursuant to the debarment, suspension, 
and ineligibility procedures described in sections 9.400 through 9.409 
of title 48, Code of Federal Regulations.

    (b)(1) To the extent practicable, with respect to authorized 
purchases of promotional items, funds made available by this Act shall 
be used to purchase items that are manufactured, produced, or assembled 
in the United States, its territories or possessions.
    (2) <<NOTE: Definition.>>  The term ``promotional items'' has the 
meaning given the term in OMB Circular A-87, Attachment B, Item 
(1)(f)(3).

    Sec. 507. <<NOTE: Time period. Reports.>>  (a) The Departments of 
Commerce and Justice, the National Science Foundation, and the National 
Aeronautics and Space Administration shall provide to the Committees on 
Appropriations of the House of Representatives and the Senate a 
quarterly report on the status of balances of appropriations at the 
account level. For unobligated, uncommitted balances and unobligated, 
committed balances the quarterly reports shall separately identify the 
amounts attributable to each source year of appropriation from which the 
balances were derived. For balances that are obligated, but unexpended, 
the quarterly reports shall separately identify amounts by the year of 
obligation.

    (b) The report described in subsection (a) shall be submitted within 
30 days of the end of each quarter.
    (c) If a department or agency is unable to fulfill any aspect of a 
reporting requirement described in subsection (a) due to a limitation of 
a current accounting system, the department or agency shall fulfill such 
aspect to the maximum extent practicable under such accounting system 
and shall identify and describe in each quarterly report the extent to 
which such aspect is not fulfilled.
    Sec. 508.  Any costs incurred by a department or agency funded under 
this Act resulting from, or to prevent, personnel actions taken in 
response to funding reductions included in this Act shall be absorbed 
within the total budgetary resources available to such department or 
agency:  Provided, That the authority to transfer funds between 
appropriations accounts as may be necessary to carry out this section is 
provided in addition to authorities included elsewhere in this Act:  
Provided further, That use of funds to carry out this section shall be 
treated as a reprogramming of funds under section 505 of this Act and 
shall not be available for obligation or expenditure except in 
compliance with the procedures set forth in that section:  Provided 
further, <<NOTE: Applicability.>>  That for the Department of Commerce, 
this section shall also apply to actions taken for the care and 
protection of loan collateral or grant property.

    Sec. 509. <<NOTE: Tobacco and tobacco products.>>   None of the 
funds provided by this Act shall be available to promote the sale or 
export of tobacco or tobacco products, or to seek the reduction or 
removal by any foreign country of restrictions on the marketing of 
tobacco or tobacco products, except for restrictions which are not 
applied equally to all tobacco or tobacco products of the same type.

[[Page 136 STAT. 4556]]

    Sec. 510. <<NOTE: 34 USC 20101 note.>>  Notwithstanding any other 
provision of law, amounts deposited or available in the Fund established 
by section 1402 of chapter XIV of title II of Public Law 98-473 (34 
U.S.C. 20101) in any fiscal year in excess of $1,900,000,000 shall not 
be available for obligation until the following fiscal year:  Provided, 
That notwithstanding section 1402(d) of such Act, of the amounts 
available from the Fund for obligation: (1) $10,000,000 shall be 
transferred to the Department of Justice Office of Inspector General and 
remain available until expended for oversight and auditing purposes 
associated with this section; and (2) 5 percent shall be available to 
the Office for Victims of Crime for grants, consistent with the 
requirements of the Victims of Crime Act, to Indian Tribes to improve 
services for victims of crime.

    Sec. 511. <<NOTE: Discrimination.>>   None of the funds made 
available to the Department of Justice in this Act may be used to 
discriminate against or denigrate the religious or moral beliefs of 
students who participate in programs for which financial assistance is 
provided from those funds, or of the parents or legal guardians of such 
students.

    Sec. 512.  None of the funds made available in this Act may be 
transferred to any department, agency, or instrumentality of the United 
States Government, except pursuant to a transfer made by, or transfer 
authority provided in, this Act or any other appropriations Act.
    Sec. 513. <<NOTE: Audits. Reports.>> (a) The Inspectors General of 
the Department of Commerce, the Department of Justice, the National 
Aeronautics and Space Administration, the National Science Foundation, 
and the Legal Services Corporation shall conduct audits, pursuant to the 
Inspector General Act (5 U.S.C. App.), of grants or contracts for which 
funds are appropriated by this Act, and shall submit reports to Congress 
on the progress of such audits, which may include preliminary findings 
and a description of areas of particular interest, within 180 days after 
initiating such an audit and every 180 days thereafter until any such 
audit is completed.

    (b) <<NOTE: Deadline. Public information. Web posting.>>  Within 60 
days after the date on which an audit described in subsection (a) by an 
Inspector General is completed, the Secretary, Attorney General, 
Administrator, Director, or President, as appropriate, shall make the 
results of the audit available to the public on the Internet website 
maintained by the Department, Administration, Foundation, or 
Corporation, respectively. The results shall be made available in 
redacted form to exclude--
            (1) any matter described in section 552(b) of title 5, 
        United States Code; and
            (2) sensitive personal information for any individual, the 
        public access to which could be used to commit identity theft or 
        for other inappropriate or unlawful purposes.

    (c) <<NOTE: Certification.>>  Any person awarded a grant or contract 
funded by amounts appropriated by this Act shall submit a statement to 
the Secretary of Commerce, the Attorney General, the Administrator, 
Director, or President, as appropriate, certifying that no funds derived 
from the grant or contract will be made available through a subcontract 
or in any other manner to another person who has a financial interest in 
the person awarded the grant or contract.

    (d) <<NOTE: Effective date. Determination. Applicability.>> The 
provisions of the preceding subsections of this section shall take 
effect 30 days after the date on which the Director of the Office of 
Management and Budget, in consultation with the Director of the Office 
of Government Ethics, determines that a uniform set of rules and 
requirements, substantially similar to

[[Page 136 STAT. 4557]]

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

    Sec. 514. <<NOTE: Reviews.>>  (a) None of the funds appropriated or 
otherwise made available under this Act may be used by the Departments 
of Commerce and Justice, the National Aeronautics and Space 
Administration, or the National Science Foundation to acquire a high-
impact or moderate-impact information system, as defined for security 
categorization in the National Institute of Standards and Technology's 
(NIST) Federal Information Processing Standard Publication 199, 
``Standards for Security Categorization of Federal Information and 
Information Systems'' unless the agency has--
            (1) reviewed the supply chain risk for the information 
        systems against criteria developed by NIST and the Federal 
        Bureau of Investigation (FBI) to inform acquisition decisions 
        for high-impact and moderate-impact information systems within 
        the Federal Government;
            (2) reviewed the supply chain risk from the presumptive 
        awardee against available and relevant threat information 
        provided by the FBI and other appropriate agencies; and
            (3) <<NOTE: Assessment. Cyber threats. Country listing.>> in 
        consultation with the FBI or other appropriate Federal entity, 
        conducted an assessment of any risk of cyber-espionage or 
        sabotage associated with the acquisition of such system, 
        including any risk associated with such system being produced, 
        manufactured, or assembled by one or more entities identified by 
        the United States Government as posing a cyber threat, including 
        but not limited to, those that may be owned, directed, or 
        subsidized by the People's Republic of China, the Islamic 
        Republic of Iran, the Democratic People's Republic of Korea, or 
        the Russian Federation.

    (b) None of the funds appropriated or otherwise made available under 
this Act may be used to acquire a high-impact or moderate-impact 
information system reviewed and assessed under subsection (a) unless the 
head of the assessing entity described in subsection (a) has--
            (1) <<NOTE: Mitigation strategy.>>  developed, in 
        consultation with NIST, the FBI, and supply chain risk 
        management experts, a mitigation strategy for any identified 
        risks;
            (2) <<NOTE: Determination.>> determined, in consultation 
        with NIST and the FBI, that the acquisition of such system is in 
        the national interest of the United States; and
            (3) <<NOTE: Reports.>> reported that determination to the 
        Committees on Appropriations of the House of Representatives and 
        the Senate and the agency Inspector General.

    Sec. 515. <<NOTE: Torture.>>   None of the funds made available in 
this Act shall be used in any way whatsoever to support or justify the 
use of torture by any official or contract employee of the United States 
Government.

    Sec. 516.  None of the funds made available in this Act may be used 
to include in any new bilateral or multilateral trade agreement the text 
of--
            (1) paragraph 2 of article 16.7 of the United States-
        Singapore Free Trade Agreement;
            (2) paragraph 4 of article 17.9 of the United States-
        Australia Free Trade Agreement; or
            (3) paragraph 4 of article 15.9 of the United States-Morocco 
        Free Trade Agreement.

[[Page 136 STAT. 4558]]

    Sec. 517. <<NOTE: National security letter.>>   None of the funds 
made available in this Act may be used to authorize or issue a national 
security letter in contravention of any of the following laws 
authorizing the Federal Bureau of Investigation to issue national 
security letters: The Right to Financial Privacy Act of 1978; The 
Electronic Communications Privacy Act of 1986; The Fair Credit Reporting 
Act; The National Security Act of 1947; USA PATRIOT Act; USA FREEDOM Act 
of 2015; and the laws amended by these Acts.

    Sec. 518. <<NOTE: Notifications.>>  If at any time during any 
quarter, the program manager of a project within the jurisdiction of the 
Departments of Commerce or Justice, the National Aeronautics and Space 
Administration, or the National Science Foundation totaling more than 
$75,000,000 has reasonable cause to believe that the total program cost 
has increased by 10 percent or more, the program manager shall 
immediately inform the respective Secretary, Administrator, or Director. 
The Secretary, <<NOTE: Deadline. Determination. Statement. Cost 
estimates.>> Administrator, or Director shall notify the House and 
Senate Committees on Appropriations within 30 days in writing of such 
increase, and shall include in such notice: the date on which such 
determination was made; a statement of the reasons for such increases; 
the action taken and proposed to be taken to control future cost growth 
of the project; changes made in the performance or schedule milestones 
and the degree to which such changes have contributed to the increase in 
total program costs or procurement costs; new estimates of the total 
project or procurement costs; and a statement validating that the 
project's management structure is adequate to control total project or 
procurement costs.

    Sec. 519.  Funds appropriated by this Act, or made available by the 
transfer of funds in this Act, for intelligence or intelligence related 
activities are deemed to be specifically authorized by the Congress for 
purposes of section 504 of the National Security Act of 1947 (50 U.S.C. 
3094) during fiscal year 2023 until the enactment of the Intelligence 
Authorization Act for fiscal year 2023.
    Sec. 520. <<NOTE: Contracts. Grants. Certification. Taxes. Time 
periods.>>   None of the funds appropriated or otherwise made available 
by this Act may be used to enter into a contract in an amount greater 
than $5,000,000 or to award a grant in excess of such amount unless the 
prospective contractor or grantee certifies in writing to the agency 
awarding the contract or grant that, to the best of its knowledge and 
belief, the contractor or grantee has filed all Federal tax returns 
required during the three years preceding the certification, has not 
been convicted of a criminal offense under the Internal Revenue Code of 
1986, and has not, more than 90 days prior to certification, been 
notified of any unpaid Federal tax assessment for which the liability 
remains unsatisfied, unless the assessment is the subject of an 
installment agreement or offer in compromise that has been approved by 
the Internal Revenue Service and is not in default, or the assessment is 
the subject of a non-frivolous administrative or judicial proceeding.

                              (rescissions)

    Sec. 521. <<NOTE: Deadlines.>> (a) Of the unobligated balances in 
the ``Nonrecurring Expenses Fund'' established in section 111(a) of 
division B of Public Law 116-93, $50,000,000 are hereby permanently 
rescinded not later than September 30, 2023.

[[Page 136 STAT. 4559]]

    (b) Of the unobligated balances from prior year appropriations 
available to the Department of Commerce under the heading ``Economic 
Development Administration, Economic Development Assistance Programs'', 
$10,000,000 are hereby permanently rescinded, not later than September 
30, 2023.
    (c) Of the unobligated balances from prior year appropriations 
available to the Department of Justice, the following funds are hereby 
permanently rescinded, not later than September 30, 2023, from the 
following accounts in the specified amounts--
            (1) ``State and Local Law Enforcement Activities, Office on 
        Violence Against Women, Violence Against Women Prevention and 
        Prosecution Programs'', $15,000,000;
            (2) ``State and Local Law Enforcement Activities, Office of 
        Justice Programs'', $75,000,000; and
            (3) ``State and Local Law Enforcement Activities, Community 
        Oriented Policing Services'', $15,000,000.

    (d) Of the unobligated balances available to the Department of 
Justice, the following funds are hereby permanently rescinded, not later 
than September 30, 2023, from the following accounts in the specified 
amounts--
            (1) ``Working Capital Fund'', $705,768,000; and
            (2) ``Legal Activities, Assets Forfeiture Fund'', 
        $500,000,000.

    (e) <<NOTE: Reports.>>  The Departments of Commerce and Justice 
shall submit to the Committees on Appropriations of the House of 
Representatives and the Senate a report no later than September 1, 2023, 
specifying the amount of each rescission made pursuant to subsections 
(a), (b), (c) and (d).

    (f) The amounts rescinded in subsections (a), (b), (c) and (d) shall 
not be from amounts that were designated by the Congress as an emergency 
or disaster relief requirement pursuant to the concurrent resolution on 
the budget or the Balanced Budget and Emergency Deficit Control Act of 
1985.
    (g) The amounts rescinded pursuant to subsections (c) and (d) shall 
not be from--
            (1) amounts provided under subparagraph (Q) of paragraph (1) 
        under the heading ``State and Local Law Enforcement Activities--
        Office of Justice Programs--State and Local Law Enforcement 
        Assistance'' in title II of division B of Public Law 117-103; or
            (2) amounts provided under paragraph (7) under the heading 
        ``State and Local Law Enforcement Activities--Community Oriented 
        Policing Services--Community Oriented Policing Services 
        Programs'' in title II of division B of Public Law 117-103.

    Sec. 522. <<NOTE: Airline travel.>>   None of the funds made 
available in this Act may be used to purchase first class or premium 
airline travel in contravention of sections 301-10.122 through 301-
10.124 of title 41 of the Code of Federal Regulations.

    Sec. 523. <<NOTE: Conference attendees.>>   None of the funds made 
available in this Act may be used to send or otherwise pay for the 
attendance of more than 50 employees from a Federal department or 
agency, who are stationed in the United States, at any single conference 
occurring outside the United States unless--
            (1) such conference is a law enforcement training or 
        operational conference for law enforcement personnel and the 
        majority of Federal employees in attendance are law enforcement 
        personnel stationed outside the United States; or

[[Page 136 STAT. 4560]]

            (2) <<NOTE: Determinations. Notifications. Deadline.>>  such 
        conference is a scientific conference and the department or 
        agency head determines that such attendance is in the national 
        interest and notifies the Committees on Appropriations of the 
        House of Representatives and the Senate within at least 15 days 
        of that determination and the basis for that determination.

    Sec. 524. <<NOTE: Performance plan. Reports.>>   The Director of the 
Office of Management and Budget shall instruct any department, agency, 
or instrumentality of the United States receiving funds appropriated 
under this Act to track undisbursed balances in expired grant accounts 
and include in its annual performance plan and performance and 
accountability reports the following:
            (1) Details on future action the department, agency, or 
        instrumentality will take to resolve undisbursed balances in 
        expired grant accounts.
            (2) The method that the department, agency, or 
        instrumentality uses to track undisbursed balances in expired 
        grant accounts.
            (3) Identification of undisbursed balances in expired grant 
        accounts that may be returned to the Treasury of the United 
        States.
            (4) <<NOTE: Time period.>>  In the preceding 3 fiscal years, 
        details on the total number of expired grant accounts with 
        undisbursed balances (on the first day of each fiscal year) for 
        the department, agency, or instrumentality and the total 
        finances that have not been obligated to a specific project 
        remaining in the accounts.

    Sec. 525. <<NOTE: Light bulbs.>>   To the extent practicable, funds 
made available in this Act should be used to purchase light bulbs that 
are ``Energy Star'' qualified or have the ``Federal Energy Management 
Program'' designation.

    Sec. 526. <<NOTE: China.>>  (a) None of the funds made available by 
this Act may be used for the National Aeronautics and Space 
Administration (NASA), the Office of Science and Technology Policy 
(OSTP), or the National Space Council (NSC) to develop, design, plan, 
promulgate, implement, or execute a bilateral policy, program, order, or 
contract of any kind to participate, collaborate, or coordinate 
bilaterally in any way with China or any Chinese-owned company unless 
such activities are specifically authorized by a law enacted after the 
date of enactment of this Act.

    (b) None of the funds made available by this Act may be used to 
effectuate the hosting of official Chinese visitors at facilities 
belonging to or utilized by NASA.
    (c) <<NOTE: Certification.>>  The limitations described in 
subsections (a) and (b) shall not apply to activities which NASA, OSTP, 
or NSC, after consultation with the Federal Bureau of Investigation, 
have certified--
            (1) pose no risk of resulting in the transfer of technology, 
        data, or other information with national security or economic 
        security implications to China or a Chinese-owned company; and
            (2) <<NOTE: Determination.>>  will not involve knowing 
        interactions with officials who have been determined by the 
        United States to have direct involvement with violations of 
        human rights.

    (d) <<NOTE: Deadline.>>  Any certification made under subsection (c) 
shall be submitted to the Committees on Appropriations of the House of 
Representatives and the Senate, and the Federal Bureau of Investigation, 
no later than 30 days prior to the activity in question and

[[Page 136 STAT. 4561]]

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

    Sec. 527. (a) <<NOTE: Pornography.>>  None of the funds made 
available in this Act may be used to maintain or establish a computer 
network unless such network blocks the viewing, downloading, and 
exchanging of pornography.

    (b) Nothing in subsection (a) shall limit the use of funds necessary 
for any Federal, State, Tribal, or local law enforcement agency or any 
other entity carrying out criminal investigations, prosecution, 
adjudication, or other law enforcement- or victim assistance-related 
activity.
    Sec. 528. <<NOTE: Spending plans. Deadline.>>   The Departments of 
Commerce and Justice, the National Aeronautics and Space Administration, 
the National Science Foundation, the Commission on Civil Rights, the 
Equal Employment Opportunity Commission, the International Trade 
Commission, the Legal Services Corporation, the Marine Mammal 
Commission, the Offices of Science and Technology Policy and the United 
States Trade Representative, the National Space Council, and the State 
Justice Institute shall submit spending plans, signed by the respective 
department or agency head, to the Committees on Appropriations of the 
House of Representatives and the Senate not later than 45 days after the 
date of enactment of this Act.

    Sec. 529. <<NOTE: Contracts.>>   Notwithstanding any other provision 
of this Act, none of the funds appropriated or otherwise made available 
by this Act may be used to pay award or incentive fees for contractor 
performance that has been judged to be below satisfactory performance or 
for performance that does not meet the basic requirements of a contract.

    Sec. 530.  None of the funds made available by this Act may be used 
in contravention of section 7606 (``Legitimacy of Industrial Hemp 
Research'') of the Agricultural Act of 2014 (Public Law 113-79) by the 
Department of Justice or the Drug Enforcement Administration.
    Sec. 531. <<NOTE: State listing. District of 
Columbia. Territories. Medical marijuana.>>   None of the funds made 
available under this Act to the Department of Justice may be used, with 
respect to any of the States of Alabama, Alaska, Arizona, Arkansas, 
California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, 
Illinois, Indiana, Iowa, Kentucky, Louisiana, Maine, Maryland, 
Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, 
Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, 
North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South 
Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, 
Washington, West Virginia, Wisconsin, and Wyoming, or with respect to 
the District of Columbia, the Commonwealth of the Northern Mariana 
Islands, the United States Virgin Islands, Guam, or Puerto Rico, to 
prevent any of them from implementing their own laws that authorize the 
use, distribution, possession, or cultivation of medical marijuana.

    Sec. 532. <<NOTE: Reports. China.>>   The Department of Commerce, 
the National Aeronautics and Space Administration, and the National 
Science Foundation shall provide a quarterly report to the Committees on 
Appropriations of the House of Representatives and the Senate on any 
official travel to China by any employee of such Department or agency, 
including the purpose of such travel.

    Sec. 533.  Of the amounts made available by this Act, not less than 
10 percent of each total amount provided, respectively,

[[Page 136 STAT. 4562]]

for Public Works grants authorized by the Public Works and Economic 
Development Act of 1965 and grants authorized by section 27 of the 
Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3722) 
shall be allocated for assistance in persistent poverty counties:  
Provided, <<NOTE: Definition.>>  That for purposes of this section, the 
term ``persistent poverty counties'' means any county that has had 20 
percent or more of its population living in poverty over the past 30 
years, as measured by the 1993 Small Area Income and Poverty Estimates, 
the 2000 decennial census, and the most recent Small Area Income and 
Poverty Estimates, or any Territory or possession of the United States.

    Sec. 534. <<NOTE: Exports and imports. Canada. Firearms.>>  (a) 
Notwithstanding any other provision of law or treaty, none of the funds 
appropriated or otherwise made available under this Act or any other Act 
may be expended or obligated by a department, agency, or instrumentality 
of the United States to pay administrative expenses or to compensate an 
officer or employee of the United States in connection with requiring an 
export license for the export to Canada of components, parts, 
accessories or attachments for firearms listed in Category I, section 
121.1 of title 22, Code of Federal Regulations (International 
Trafficking in Arms Regulations (ITAR), part 121, as it existed on April 
1, 2005) with a total value not exceeding $500 wholesale in any 
transaction, provided that the conditions of subsection (b) of this 
section are met by the exporting party for such articles.

    (b) The foregoing exemption from obtaining an export license--
            (1) does not exempt an exporter from filing any Shipper's 
        Export Declaration or notification letter required by law, or 
        from being otherwise eligible under the laws of the United 
        States to possess, ship, transport, or export the articles 
        enumerated in subsection (a); and
            (2) does not permit the export without a license of--
                    (A) fully automatic firearms and components and 
                parts for such firearms, other than for end use by the 
                Federal Government, or a Provincial or Municipal 
                Government of Canada;
                    (B) barrels, cylinders, receivers (frames) or 
                complete breech mechanisms for any firearm listed in 
                Category I, other than for end use by the Federal 
                Government, or a Provincial or Municipal Government of 
                Canada; or
                    (C) articles for export from Canada to another 
                foreign destination.

    (c) In accordance with this section, the District Directors of 
Customs and postmasters shall permit the permanent or temporary export 
without a license of any unclassified articles specified in subsection 
(a) to Canada for end use in Canada or return to the United States, or 
temporary import of Canadian-origin items from Canada for end use in the 
United States or return to Canada for a Canadian citizen.
    (d) <<NOTE: President. Determination. Federal Register, 
publication.>>  The President may require export licenses under this 
section on a temporary basis if the President determines, upon 
publication first in the Federal Register, that the Government of Canada 
has implemented or maintained inadequate import controls for the 
articles specified in subsection (a), such that a significant diversion 
of such articles has and continues to take place for use in 
international terrorism or in the escalation of a conflict in another 
nation. <<NOTE: Termination.>>  The President shall terminate the 
requirements of a license when reasons for the temporary requirements 
have ceased.

[[Page 136 STAT. 4563]]

    Sec. 535. <<NOTE: Firearms. Ammunition.>>   Notwithstanding any 
other provision of law, no department, agency, or instrumentality of the 
United States receiving appropriated funds under this Act or any other 
Act shall obligate or expend in any way such funds to pay administrative 
expenses or the compensation of any officer or employee of the United 
States to deny any application submitted pursuant to 22 U.S.C. 
2778(b)(1)(B) and qualified pursuant to 27 CFR section 478.112 or .113, 
for a permit to import United States origin ``curios or relics'' 
firearms, parts, or ammunition.

    Sec. 536. <<NOTE: Exports and imports. Firearms.>>   None of the 
funds made available by this Act may be used to pay the salaries or 
expenses of personnel to deny, or fail to act on, an application for the 
importation of any model of shotgun if--
            (1) all other requirements of law with respect to the 
        proposed importation are met; and
            (2) no application for the importation of such model of 
        shotgun, in the same configuration, had been denied by the 
        Attorney General prior to January 1, 2011, on the basis that the 
        shotgun was not particularly suitable for or readily adaptable 
        to sporting purposes.

    Sec. 537.  None of the funds made available by this Act may be 
obligated or expended to implement the Arms Trade Treaty until the 
Senate approves a resolution of ratification for the Treaty.
    Sec. 538. <<NOTE: Khalid Sheikh Mohammed. Detainees.>>   None of the 
funds appropriated or otherwise made available in this or any other Act 
may be used to transfer, release, or assist in the transfer or release 
to or within the United States, its territories, or possessions Khalid 
Sheikh Mohammed or any other detainee who--
            (1) is not a United States citizen or a member of the Armed 
        Forces of the United States; and
            (2) <<NOTE: Cuba.>>  is or was held on or after June 24, 
        2009, at the United States Naval Station, Guantanamo Bay, Cuba, 
        by the Department of Defense.

    Sec. 539. <<NOTE: Detainees. Cuba.>>  (a) None of the funds 
appropriated or otherwise made available in this or any other Act may be 
used to construct, acquire, or modify any facility in the United States, 
its territories, or possessions to house any individual described in 
subsection (c) for the purposes of detention or imprisonment in the 
custody or under the effective control of the Department of Defense.

    (b) The prohibition in subsection (a) shall not apply to any 
modification of facilities at United States Naval Station, Guantanamo 
Bay, Cuba.
    (c) An individual described in this subsection is any individual 
who, as of June 24, 2009, is located at United States Naval Station, 
Guantanamo Bay, Cuba, and who--
            (1) is not a citizen of the United States or a member of the 
        Armed Forces of the United States; and
            (2) is--
                    (A) in the custody or under the effective control of 
                the Department of Defense; or
                    (B) otherwise under detention at United States Naval 
                Station, Guantanamo Bay, Cuba.

    Sec. 540. (a) The remaining unobligated balances of funds as of 
September 30, 2023, from amounts made available to ``Office of the 
United States Trade Representative--Salaries and Expenses'' in title IX 
of the United States-Mexico-Canada Agreement Implementation Act (Public 
Law 116-113), are hereby rescinded,

[[Page 136 STAT. 4564]]

and an amount of additional new budget authority equivalent to the 
amount rescinded pursuant to this subsection is hereby appropriated on 
September 30, 2023, for an additional amount for fiscal year 2023, to 
remain available until September 30, 2024, and shall be available for 
the same purposes, in addition to other funds as may be available for 
such purposes, and under the same authorities for which the funds were 
originally provided in Public Law 116-113, except that all references to 
``2023'' under such heading in Public Law 116-113 shall be deemed to 
refer instead to ``2024''.
    (b) The remaining unobligated balances of funds as of September 30, 
2023, from amounts made available to ``Office of the United States Trade 
Representative--Trade Enforcement Trust Fund'' in title IX of the United 
States-Mexico-Canada Agreement Implementation Act (Public Law 116-113), 
are hereby rescinded, and an amount of additional new budget authority 
equivalent to the amount rescinded pursuant to this subsection is hereby 
appropriated on September 30, 2023, for an additional amount for fiscal 
year 2023, to remain available until September 30, 2024, and shall be 
available for the same purposes, in addition to other funds as may be 
available for such purposes, and under the same authorities for which 
the funds were originally provided in Public Law 116-113, except that 
the reference to ``2023'' under such heading in Public Law 116-113 shall 
be deemed to refer instead to ``2024''.
    (c) The amounts rescinded pursuant to this section that were 
previously designated by the Congress as an emergency requirement 
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency 
Deficit Control Act of 1985 are designated by the Congress as an 
emergency requirement pursuant to section 4001(a)(1) of S. Con. Res. 14 
(117th Congress), the concurrent resolution on the budget for fiscal 
year 2022, and section 1(e) of H. Res. 1151 (117th Congress), as 
engrossed in the House of Representatives on June 8, 2022.
    (d) Each amount provided by this section is designated by the 
Congress as being for an emergency requirement pursuant to section 
4001(a)(1) of S. Con. Res. 14 (117th Congress), the concurrent 
resolution on the budget for fiscal year 2022, and section 1(e) of H. 
Res. 1151 (117th Congress), as engrossed in the House of Representatives 
on June 8, 2022.
    Sec. 541.  Funds made available to the Department of Commerce and 
under the heading ``Department of Justice--Federal Bureau of 
Investigation--Salaries and Expenses'' in this Act and any remaining 
unobligated balances of funds made available to the Department of 
Commerce and under the heading ``Department of Justice--Federal Bureau 
of Investigation--Salaries and Expenses'' in prior year Acts, other than 
amounts designated by the Congress as being for an emergency requirement 
pursuant to a concurrent resolution on the budget or the Balanced Budget 
and Emergency Deficit Control Act of 1985, shall be available to provide 
payments pursuant to section 901(i)(2) of title IX of division J of the 
Further Consolidated Appropriations Act, 2020 (22 U.S.C. 2680b(i)(2)):  
Provided, That payments made pursuant to the matter preceding this 
proviso may not exceed $5,000,000 for the Department of Commerce and 
$5,000,000 for the Federal Bureau of Investigation.
    Sec. 542. (a) <<NOTE: Time period. Plan. Costs. Schedule.>>  None of 
the funds in this Act may be used for design or construction of the 
Mobile Launcher 2 until 30 days after the Administrator of the National 
Aeronautics and Space

[[Page 136 STAT. 4565]]

Administration (the ``Administrator'') submits a plan to the Committees 
on Appropriations of the House of Representatives and the Senate (the 
``Committees''), the Government Accountability Office, and the Office of 
Inspector General of the National Aeronautics and Space Administration 
detailing a cost and schedule baseline for the Mobile Launcher 
2. <<NOTE: Estimate.>>  Such plan shall include each of the requirements 
described in subsection (c)(2) of section 30104 of title 51, United 
States Code, as well as an estimated date for completion of design and 
construction of the Mobile Launcher 2.

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

    Sec. 543. <<NOTE: Deadlines. Allocations.>>  (a)(1) Within 45 days 
of enactment of this Act, the Secretary of Commerce shall allocate 
amounts made available from the Creating Helpful Incentives to Produce 
Semiconductors (CHIPS) for America Fund for fiscal year 2023 pursuant to 
paragraphs (1) and (2) of section 102(a) of the CHIPS Act of 2022 
(division A of Public Law 117-167), including the transfer authority in 
such paragraphs of that section of that Act, to the accounts specified, 
in the amounts specified, and for the projects and activities specified, 
in the table titled ``Department of Commerce Allocation of National 
Institute of Standards and Technology Funds: CHIPS Act Fiscal Year 
2023'' in the explanatory statement described in section 4 (in the 
matter preceding division A of this consolidated Act).

    (2) Within 45 days of enactment of this Act, the Secretary of 
Commerce shall allocate amounts made available from the Public Wireless 
Supply Chain Innovation Fund for fiscal year 2023 pursuant to section 
106 of the CHIPS Act of 2022 (division A of Public Law 117-167), 
including the transfer authority in section 106(b)(2) of that Act, to 
the accounts specified, in the amounts specified, and for the projects 
and activities specified, in the table titled ``Department of Commerce 
Allocation of National Telecommunications and Information Administration 
Funds: CHIPS Act Fiscal Year 2023'' in the explanatory statement 
described in section 4 (in the matter preceding division A of this 
consolidated Act).
    (3) Within 45 days of enactment of this Act, the Director of the 
National Science Foundation shall allocate amounts made available from 
the Creating Helpful Incentives to Produce Semiconductors (CHIPS) for 
America Workforce and Education Fund for fiscal year 2023 pursuant to 
section 102(d)(1) of the CHIPS Act of 2022 (division A of Public Law 
117-167), to the account specified, in the amounts specified, and for 
the projects and activities specified in the table titled ``National 
Science Foundation Allocation of Funds: CHIPS Act Fiscal Year 2023'' in 
the explanatory statement described in section 4 (in the matter 
preceding division A of this consolidated Act).
    (b) Neither the President nor his designee may allocate any amounts 
that are made available for any fiscal year under section 102(a)(2)(A) 
of the CHIPS Act of 2022 or under section 102(d)(2) of such Act if there 
is in effect an Act making or continuing appropriations for part of a 
fiscal year for the Departments of Commerce and Justice, Science, and 
Related Agencies:  Provided, That in any fiscal year, the matter 
preceding this proviso shall

[[Page 136 STAT. 4566]]

not apply to the allocation, apportionment, or allotment of amounts for 
continuing administration of programs allocated funds from the CHIPS for 
America Fund, which may be allocated only in amounts that are no more 
than the allocation for such purposes in subsection (a) of this section.
    (c) <<NOTE: Notifications. Reallocations.>>  Subject to prior 
consultation with, and the regular notification procedures of, the 
Committees on Appropriations of the House of Representatives and the 
Senate, and subject to the terms and conditions in section 505 of this 
Act--
            (1) the Secretary of Commerce may reallocate funds allocated 
        to Industrial Technology Services for section 9906 of Public Law 
        116-283 by subsection (a)(1) of this section; and
            (2) the Director of the National Science Foundation may 
        reallocate funds allocated to the CHIPS for America Workforce 
        and Education Fund by subsection (a)(3) of this section.

    (d) <<NOTE: Allocations.>>  Concurrent with the annual budget 
submission of the President for fiscal year 2024, the Secretary of 
Commerce and the Director of the National Science Foundation, as 
appropriate, shall each submit to the Committees on Appropriations of 
the House of Representatives and the Senate proposed allocations by 
account and by program, project, or activity, with detailed 
justifications, for amounts made available under section 102(a)(2) and 
section 102(d)(2) of the CHIPS Act of 2022 for fiscal year 2024.

    (e) <<NOTE: Reports.>>  The Department of Commerce and the National 
Science Foundation, as appropriate, shall each provide the Committees on 
Appropriations of the House of Representatives and Senate quarterly 
reports on the status of balances of projects and activities funded by 
the CHIPS for America Fund for amounts allocated pursuant to subsection 
(a)(1) of this section, the status of balances of projects and 
activities funded by the Public Wireless Supply Chain Innovation Fund 
for amounts allocated pursuant to subsection (a)(2) of this section, and 
the status of balances of projects and activities funded by the CHIPS 
for America Workforce and Education Fund for amounts allocated pursuant 
to subsection (a)(3) of this section, including all uncommitted, 
committed, and unobligated funds.

    This division may be cited as the ``Commerce, Justice, Science, and 
Related Agencies Appropriations Act, 2023''.

     DIVISION C-- <<NOTE: Department of Defense Appropriations Act, 
2023.>> DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2023

                                 TITLE I

                           MILITARY PERSONNEL

                        Military Personnel, Army

    For pay, allowances, individual clothing, subsistence, interest on 
deposits, gratuities, permanent change of station travel (including all 
expenses thereof for organizational movements), and expenses of 
temporary duty travel between permanent duty stations, for members of 
the Army on active duty (except members of reserve components provided 
for elsewhere), cadets, and aviation cadets; for members of the Reserve 
Officers' Training Corps; and for payments pursuant to section 156 of 
Public Law 97-377, as amended (42 U.S.C. 402 note), and to the 
Department of Defense Military Retirement Fund, $49,628,305,000.

[[Page 136 STAT. 4567]]

                        Military Personnel, Navy

    For pay, allowances, individual clothing, subsistence, interest on 
deposits, gratuities, permanent change of station travel (including all 
expenses thereof for organizational movements), and expenses of 
temporary duty travel between permanent duty stations, for members of 
the Navy on active duty (except members of the Reserve provided for 
elsewhere), midshipmen, and aviation cadets; for members of the Reserve 
Officers' Training Corps; and for payments pursuant to section 156 of 
Public Law 97-377, as amended (42 U.S.C. 402 note), and to the 
Department of Defense Military Retirement Fund, $36,706,395,000.

                    Military Personnel, Marine Corps

    For pay, allowances, individual clothing, subsistence, interest on 
deposits, gratuities, permanent change of station travel (including all 
expenses thereof for organizational movements), and expenses of 
temporary duty travel between permanent duty stations, for members of 
the Marine Corps on active duty (except members of the Reserve provided 
for elsewhere); and for payments pursuant to section 156 of Public Law 
97-377, as amended (42 U.S.C. 402 note), and to the Department of 
Defense Military Retirement Fund, $15,050,088,000.

                      Military Personnel, Air Force

    For pay, allowances, individual clothing, subsistence, interest on 
deposits, gratuities, permanent change of station travel (including all 
expenses thereof for organizational movements), and expenses of 
temporary duty travel between permanent duty stations, for members of 
the Air Force on active duty (except members of reserve components 
provided for elsewhere), cadets, and aviation cadets; for members of the 
Reserve Officers' Training Corps; and for payments pursuant to section 
156 of Public Law 97-377, as amended (42 U.S.C. 402 note), and to the 
Department of Defense Military Retirement Fund, $35,427,788,000.

                     Military Personnel, Space Force

    For pay, allowances, individual clothing, subsistence, interest on 
deposits, gratuities, permanent change of station travel (including all 
expenses thereof for organizational movements), and expenses of 
temporary duty travel between permanent duty stations, for members of 
the Space Force on active duty and cadets; for members of the Reserve 
Officers' Training Corps; and for payments pursuant to section 156 of 
Public Law 97-377, as amended (42 U.S.C. 402 note), and to the 
Department of Defense Military Retirement Fund, $1,109,400,000.

                         Reserve Personnel, Army

    For pay, allowances, clothing, subsistence, gratuities, travel, and 
related expenses for personnel of the Army Reserve on active duty under 
sections 10211, 10302, and 7038 of title 10, United States Code, or 
while serving on active duty under section 12301(d) of title 10, United 
States Code, in connection with performing duty specified in section 
12310(a) of title 10, United States Code,

[[Page 136 STAT. 4568]]

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

                         Reserve Personnel, Navy

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

                     Reserve Personnel, Marine Corps

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

                      Reserve Personnel, Air Force

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

                     National Guard Personnel, Army

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

[[Page 136 STAT. 4569]]

title 10, United States Code; and for payments to the Department of 
Defense Military Retirement Fund, $9,232,554,000.

                   National Guard Personnel, Air Force

    For pay, allowances, clothing, subsistence, gratuities, travel, and 
related expenses for personnel of the Air National Guard on duty under 
sections 10211, 10305, or 12402 of title 10 or section 708 of title 32, 
United States Code, or while serving on duty under section 12301(d) of 
title 10 or section 502(f) of title 32, United States Code, in 
connection with performing duty specified in section 12310(a) of title 
10, United States Code, or while undergoing training, or while 
performing drills or equivalent duty or other duty, and expenses 
authorized by section 16131 of title 10, United States Code; and for 
payments to the Department of Defense Military Retirement Fund, 
$4,913,538,000.

                                TITLE II

                        OPERATION AND MAINTENANCE

                     Operation and Maintenance, Army

    For expenses, not otherwise provided for, necessary for the 
operation and maintenance of the Army, as authorized by law, 
$59,015,977,000:  Provided, That not to exceed $12,478,000 may be used 
for emergencies and extraordinary expenses, to be expended upon the 
approval or authority of the Secretary of the Army, and payments may be 
made upon the Secretary's certificate of necessity for confidential 
military purposes.

                     Operation and Maintenance, Navy

    For expenses, not otherwise provided for, necessary for the 
operation and maintenance of the Navy and the Marine Corps, as 
authorized by law, $68,260,046,000:  Provided, That not to exceed 
$15,055,000 may be used for emergencies and extraordinary expenses, to 
be expended upon the approval or authority of the Secretary of the Navy, 
and payments may be made upon the Secretary's certificate of necessity 
for confidential military purposes.

                 Operation and Maintenance, Marine Corps

    For expenses, not otherwise provided for, necessary for the 
operation and maintenance of the Marine Corps, as authorized by law, 
$9,891,998,000.

                  Operation and Maintenance, Air Force

    For expenses, not otherwise provided for, necessary for the 
operation and maintenance of the Air Force, as authorized by law, 
$60,279,937,000:  Provided, That not to exceed $7,699,000 may be used 
for emergencies and extraordinary expenses, to be expended upon the 
approval or authority of the Secretary of the Air Force, and payments 
may be made upon the Secretary's certificate of necessity for 
confidential military purposes.

[[Page 136 STAT. 4570]]

                 Operation and Maintenance, Space Force

    For expenses, not otherwise provided for, necessary for the 
operation and maintenance of the Space Force, as authorized by law, 
$4,086,883,000.

                 Operation and Maintenance, Defense-Wide

                      (including transfer of funds)

    For expenses, not otherwise provided for, necessary for the 
operation and maintenance of activities and agencies of the Department 
of Defense (other than the military departments), as authorized by law, 
$49,574,779,000:  Provided, That not more than $2,981,000 may be used 
for the Combatant Commander Initiative Fund authorized under section 
166a of title 10, United States Code:  Provided further, That not to 
exceed $36,000,000 may be used for emergencies and extraordinary 
expenses, to be expended upon the approval or authority of the Secretary 
of Defense, and payments may be made upon the Secretary's certificate of 
necessity for confidential military purposes:  Provided further, That of 
the funds provided under this heading, not less than $55,000,000 shall 
be made available for the Procurement Technical Assistance Cooperative 
Agreement Program, of which not less than $5,000,000 shall be available 
for centers defined in 10 U.S.C. 2411(1)(D):  Provided further, That 
none of the funds appropriated or otherwise made available by this Act 
may be used to plan or implement the consolidation of a budget or 
appropriations liaison office of the Office of the Secretary of Defense, 
the office of the Secretary of a military department, or the service 
headquarters of one of the Armed Forces into a legislative affairs or 
legislative liaison office:  Provided further, That $49,071,000 to 
remain available until expended, is available only for expenses relating 
to certain classified activities, and may be transferred as necessary by 
the Secretary of Defense to operation and maintenance appropriations or 
research, development, test and evaluation appropriations, to be merged 
with and to be available for the same time period as the appropriations 
to which transferred:  Provided further, That any ceiling on the 
investment item unit cost of items that may be purchased with operation 
and maintenance funds shall not apply to the funds described in the 
preceding proviso:  Provided further, That of the funds provided under 
this heading, $2,467,009,000, of which $1,510,260,000, to remain 
available until September 30, 2024, shall be available to provide 
support and assistance to foreign security forces or other groups or 
individuals to conduct, support or facilitate counterterrorism, crisis 
response, or other Department of Defense security cooperation programs:  
Provided further, <<NOTE: Reports.>>  That the Secretary of Defense 
shall provide quarterly reports to the Committees on Appropriations of 
the House of Representatives and the Senate on the use and status of 
funds made available in this paragraph:  Provided further, That the 
transfer authority provided under this heading is in addition to any 
other transfer authority provided elsewhere in this Act.

                    Counter-ISIS Train and Equip Fund

    For the ``Counter-Islamic State of Iraq and Syria Train and Equip 
Fund'', $475,000,000, to remain available until September

[[Page 136 STAT. 4571]]

30, 2024:  Provided, That such funds shall be available to the Secretary 
of Defense in coordination with the Secretary of State, to provide 
assistance, including training; equipment; logistics support, supplies, 
and services; stipends; infrastructure repair and renovation; 
construction for facility fortification and humane treatment; and 
sustainment, to foreign security forces, irregular forces, groups, or 
individuals participating, or preparing to participate in activities to 
counter the Islamic State of Iraq and Syria, and their affiliated or 
associated groups:  Provided further, <<NOTE: Security 
mission. Notifications.>>  That amounts made available under this 
heading shall be available to provide assistance only for activities in 
a country designated by the Secretary of Defense, in coordination with 
the Secretary of State, as having a security mission to counter the 
Islamic State of Iraq and Syria, and following written notification to 
the congressional defense committees of such designation:  Provided 
further, <<NOTE: Assessment. Iran.>>  That the Secretary of Defense 
shall ensure that prior to providing assistance to elements of any 
forces or individuals, such elements or individuals are appropriately 
vetted, including at a minimum, assessing such elements for associations 
with terrorist groups or groups associated with the Government of Iran; 
and receiving commitments from such elements to promote respect for 
human rights and the rule of law:  Provided further, <<NOTE: Time 
period. Notifications.>>  That the Secretary of Defense shall, not fewer 
than 15 days prior to obligating from this appropriation account, notify 
the congressional defense committees in writing of the details of any 
such obligation:  Provided further, <<NOTE: Iraq.>>  That the Secretary 
of Defense may accept and retain contributions, including assistance in-
kind, from foreign governments, including the Government of Iraq and 
other entities, to carry out assistance authorized under this heading:  
Provided further, That contributions of funds for the purposes provided 
herein from any foreign government or other entity may be credited to 
this Fund, to remain available until expended, and used for such 
purposes: Provided further, That the Secretary of Defense shall 
prioritize such contributions when providing any assistance for 
construction for facility fortification:  Provided 
further, <<NOTE: Waiver authority. Determination. Notice.>>  That the 
Secretary of Defense may waive a provision of law relating to the 
acquisition of items and support services or sections 40 and 40A of the 
Arms Export Control Act (22 U.S.C. 2780 and 2785) if the Secretary 
determines that such provision of law would prohibit, restrict, delay or 
otherwise limit the provision of such assistance and a notice of and 
justification for such waiver is submitted to the congressional defense 
committees, the Committees on Appropriations and Foreign Relations of 
the Senate and the Committees on Appropriations and Foreign Affairs of 
the House of Representatives:  Provided 
further, <<NOTE: Notifications.>>  That the United States may accept 
equipment procured using funds provided under this heading, or under the 
heading, ``Iraq Train and Equip Fund'' in prior Acts, that was 
transferred to security forces, irregular forces, or groups 
participating, or preparing to participate in activities to counter the 
Islamic State of Iraq and Syria and returned by such forces or groups to 
the United States, and such equipment may be treated as stocks of the 
Department of Defense upon written notification to the congressional 
defense committees:  Provided further, <<NOTE: Determination.>>  That 
equipment procured using funds provided under this heading, or under the 
heading, ``Iraq Train and Equip Fund'' in prior Acts, and not yet 
transferred to security forces, irregular forces, or groups 
participating, or preparing to participate in activities to counter the 
Islamic State of Iraq and Syria may be treated as stocks

[[Page 136 STAT. 4572]]

of the Department of Defense when determined by the Secretary to no 
longer be required for transfer to such forces or groups and upon 
written notification to the congressional defense committees:  Provided 
further, <<NOTE: Reports.>>  That the Secretary of Defense shall provide 
quarterly reports to the congressional defense committees on the use of 
funds provided under this heading, including, but not limited to, the 
number of individuals trained, the nature and scope of support and 
sustainment provided to each group or individual, the area of operations 
for each group, and the contributions of other countries, groups, or 
individuals.

                 Operation and Maintenance, Army Reserve

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

                 Operation and Maintenance, Navy Reserve

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

             Operation and Maintenance, Marine Corps Reserve

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

              Operation and Maintenance, Air Force Reserve

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

             Operation and Maintenance, Army National Guard

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

[[Page 136 STAT. 4573]]

compliance with National Guard Bureau regulations when specifically 
authorized by the Chief, National Guard Bureau; supplying and equipping 
the Army National Guard as authorized by law; and expenses of repair, 
modification, maintenance, and issue of supplies and equipment 
(including aircraft), $8,299,187,000.

              Operation and Maintenance, Air National Guard

    For expenses of training, organizing, and administering the Air 
National Guard, including medical and hospital treatment and related 
expenses in non-Federal hospitals; maintenance, operation, and repairs 
to structures and facilities; transportation of things, hire of 
passenger motor vehicles; supplying and equipping the Air National 
Guard, as authorized by law; expenses for repair, modification, 
maintenance, and issue of supplies and equipment, including those 
furnished from stocks under the control of agencies of the Department of 
Defense; travel expenses (other than mileage) on the same basis as 
authorized by law for Air National Guard personnel on active Federal 
duty, for Air National Guard commanders while inspecting units in 
compliance with National Guard Bureau regulations when specifically 
authorized by the Chief, National Guard Bureau, $7,382,079,000.

           United States Court of Appeals for the Armed Forces

    For salaries and expenses necessary for the United States Court of 
Appeals for the Armed Forces, $16,003,000, of which not to exceed 
$10,000 may be used for official representation purposes.

                     Environmental Restoration, Army

                      (including transfer of funds)

     <<NOTE: Determinations.>> For the Department of the Army, 
$324,500,000, to remain available until transferred:  Provided, That the 
Secretary of the Army shall, upon determining that such funds are 
required for environmental restoration, reduction and recycling of 
hazardous waste, removal of unsafe buildings and debris of the 
Department of the Army, or for similar purposes, transfer the funds made 
available by this appropriation to other appropriations made available 
to the Department of the Army, to be merged with and to be available for 
the same purposes and for the same time period as the appropriations to 
which transferred:  Provided further, That upon a determination that all 
or part of the funds transferred from this appropriation are not 
necessary for the purposes provided herein, such amounts may be 
transferred back to this appropriation:  Provided further, That the 
transfer authority provided under this heading is in addition to any 
other transfer authority provided elsewhere in this Act.

                     Environmental Restoration, Navy

                      (including transfer of funds)

    For <<NOTE: Determinations.>>  the Department of the Navy, 
$400,113,000, to remain available until transferred:  Provided, That the 
Secretary of the Navy shall, upon determining that such funds are 
required for environmental restoration, reduction and recycling of 
hazardous waste,

[[Page 136 STAT. 4574]]

removal of unsafe buildings and debris of the Department of the Navy, or 
for similar purposes, transfer the funds made available by this 
appropriation to other appropriations made available to the Department 
of the Navy, to be merged with and to be available for the same purposes 
and for the same time period as the appropriations to which transferred: 
 Provided further, That upon a determination that all or part of the 
funds transferred from this appropriation are not necessary for the 
purposes provided herein, such amounts may be transferred back to this 
appropriation:  Provided further, That the transfer authority provided 
under this heading is in addition to any other transfer authority 
provided elsewhere in this Act.

                  Environmental Restoration, Air Force

                      (including transfer of funds)

     <<NOTE: Determinations.>> For the Department of the Air Force, 
$573,810,000, to remain available until transferred:  Provided, That the 
Secretary of the Air Force shall, upon determining that such funds are 
required for environmental restoration, reduction and recycling of 
hazardous waste, removal of unsafe buildings and debris of the 
Department of the Air Force, or for similar purposes, transfer the funds 
made available by this appropriation to other appropriations made 
available to the Department of the Air Force, to be merged with and to 
be available for the same purposes and for the same time period as the 
appropriations to which transferred:  Provided further, That upon a 
determination that all or part of the funds transferred from this 
appropriation are not necessary for the purposes provided herein, such 
amounts may be transferred back to this appropriation:  Provided 
further, That the transfer authority provided under this heading is in 
addition to any other transfer authority provided elsewhere in this Act.

                 Environmental Restoration, Defense-Wide

                      (including transfer of funds)

     <<NOTE: Determinations.>> For the Department of Defense, 
$10,979,000, to remain available until transferred:  Provided, That the 
Secretary of Defense shall, upon determining that such funds are 
required for environmental restoration, reduction and recycling of 
hazardous waste, removal of unsafe buildings and debris of the 
Department of Defense, or for similar purposes, transfer the funds made 
available by this appropriation to other appropriations made available 
to the Department of Defense, to be merged with and to be available for 
the same purposes and for the same time period as the appropriations to 
which transferred:  Provided further, That upon a determination that all 
or part of the funds transferred from this appropriation are not 
necessary for the purposes provided herein, such amounts may be 
transferred back to this appropriation:  Provided further, That the 
transfer authority provided under this heading is in addition to any 
other transfer authority provided elsewhere in this Act.

[[Page 136 STAT. 4575]]

         Environmental Restoration, Formerly Used Defense Sites

                      (including transfer of funds)

     <<NOTE: Determinations.>> For the Department of the Army, 
$317,580,000, to remain available until transferred:  Provided, That the 
Secretary of the Army shall, upon determining that such funds are 
required for environmental restoration, reduction and recycling of 
hazardous waste, removal of unsafe buildings and debris at sites 
formerly used by the Department of Defense, transfer the funds made 
available by this appropriation to other appropriations made available 
to the Department of the Army, to be merged with and to be available for 
the same purposes and for the same time period as the appropriations to 
which transferred:  Provided further, That upon a determination that all 
or part of the funds transferred from this appropriation are not 
necessary for the purposes provided herein, such amounts may be 
transferred back to this appropriation:  Provided further, That the 
transfer authority provided under this heading is in addition to any 
other transfer authority provided elsewhere in this Act.

             Overseas Humanitarian, Disaster, and Civic Aid

    For expenses relating to the Overseas Humanitarian, Disaster, and 
Civic Aid programs of the Department of Defense (consisting of the 
programs provided under sections 401, 402, 404, 407, 2557, and 2561 of 
title 10, United States Code), $170,000,000, to remain available until 
September 30, 2024:  Provided, That such amounts shall not be subject to 
the limitation in section 407(c)(3) of title 10, United States Code.

                  Cooperative Threat Reduction Account

    For assistance, including assistance provided by contract or by 
grants, under programs and activities of the Department of Defense 
Cooperative Threat Reduction Program authorized under the Department of 
Defense Cooperative Threat Reduction Act, $351,598,000, to remain 
available until September 30, 2025.

     Department of Defense Acquisition Workforce Development Account

    For the Department of Defense Acquisition Workforce Development 
Account, $111,791,000:  Provided, That no other amounts may be otherwise 
credited or transferred to the Account, or deposited into the Account, 
in fiscal year 2023 pursuant to section 1705(d) of title 10, United 
States Code.

                                TITLE III

                               PROCUREMENT

                       Aircraft Procurement, Army

    For construction, procurement, production, modification, and 
modernization of aircraft, equipment, including ordnance, ground 
handling equipment, spare parts, and accessories therefor; specialized 
equipment and training devices; expansion of public and private

[[Page 136 STAT. 4576]]

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

                        Missile Procurement, Army

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

        Procurement of Weapons and Tracked Combat Vehicles, Army

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

                     Procurement of Ammunition, Army

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

[[Page 136 STAT. 4577]]

                         Other Procurement, Army

    For construction, procurement, production, and modification of 
vehicles, including tactical, support, and non-tracked combat vehicles; 
the purchase of passenger motor vehicles for replacement only; 
communications and electronic equipment; other support equipment; spare 
parts, ordnance, and accessories therefor; specialized equipment and 
training devices; expansion of public and private plants, including the 
land necessary therefor, for the foregoing purposes, and such lands and 
interests therein, may be acquired, and construction prosecuted thereon 
prior to approval of title; and procurement and installation of 
equipment, appliances, and machine tools in public and private plants; 
reserve plant and Government and contractor-owned equipment layaway; and 
other expenses necessary for the foregoing purposes, $8,668,148,000, to 
remain available for obligation until September 30, 2025.

                       Aircraft Procurement, Navy

    For construction, procurement, production, modification, and 
modernization of aircraft, equipment, including ordnance, spare parts, 
and accessories therefor; specialized equipment; expansion of public and 
private plants, including the land necessary therefor, and such lands 
and interests therein, may be acquired, and construction prosecuted 
thereon prior to approval of title; and procurement and installation of 
equipment, appliances, and machine tools in public and private plants; 
reserve plant and Government and contractor-owned equipment layaway, 
$19,031,864,000, to remain available for obligation until September 30, 
2025.

                        Weapons Procurement, Navy

    For construction, procurement, production, modification, and 
modernization of missiles, torpedoes, other weapons, and related support 
equipment including spare parts, and accessories therefor; expansion of 
public and private plants, including the land necessary therefor, and 
such lands and interests therein, may be acquired, and construction 
prosecuted thereon prior to approval of title; and procurement and 
installation of equipment, appliances, and machine tools in public and 
private plants; reserve plant and Government and contractor-owned 
equipment layaway, $4,823,113,000, to remain available for obligation 
until September 30, 2025.

            Procurement of Ammunition, Navy and Marine Corps

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

[[Page 136 STAT. 4578]]

expenses necessary for the foregoing purposes, $920,884,000, to remain 
available for obligation until September 30, 2025.

                    Shipbuilding and Conversion, Navy

    For expenses necessary for the construction, acquisition, or 
conversion of vessels as authorized by law, including armor and armament 
thereof, plant equipment, appliances, and machine tools and installation 
thereof in public and private plants; reserve plant and Government and 
contractor-owned equipment layaway; procurement of critical, long lead 
time components and designs for vessels to be constructed or converted 
in the future; and expansion of public and private plants, including 
land necessary therefor, and such lands and interests therein, may be 
acquired, and construction prosecuted thereon prior to approval of 
title, as follows:
            Columbia Class Submarine, $3,079,223,000;
            Columbia Class Submarine (AP), $2,778,553,000;
            Carrier Replacement Program (CVN-80), $1,465,880,000;
            Carrier Replacement Program (CVN-81), $1,052,024,000;
            Virginia Class Submarine, $4,534,184,000;
            Virginia Class Submarine (AP), $2,025,651,000;
            CVN Refueling Overhauls (AP), $612,081,000;
            DDG-1000 Program, $72,976,000;
            DDG-51 Destroyer, $6,946,537,000;
            DDG-51 Destroyer (AP), $695,652,000;
            FFG-Frigate, $1,135,224,000;
            LPD Flight II, $1,673,000,000;
            LPD Flight II (AP), $250,000,000;
            LHA Replacement, $1,374,470,000;
            Expeditionary Fast Transport, $645,000,000;
            TAO Fleet Oiler, $782,588,000;
            Towing, Salvage, and Rescue Ship, $95,915,000;
            Ship to Shore Connector, $454,533,000;
            Service Craft, $21,056,000;
            Auxiliary Personnel Lighter, $71,218,000;
            LCAC SLEP, $36,301,000;
            Auxiliary Vessels, $133,000,000;
            For outfitting, post delivery, conversions, and first 
        destination transportation, $707,412,000; and
            Completion of Prior Year Shipbuilding Programs, 
        $1,312,646,000.

In all: $31,955,124,000, to remain available for obligation until 
September 30, 2027:  Provided, That additional obligations may be 
incurred after September 30, 2027, for engineering services, tests, 
evaluations, and other such budgeted work that must be performed in the 
final stage of ship construction:  Provided further, That none of the 
funds provided under this heading for the construction or conversion of 
any naval vessel to be constructed in shipyards in the United States 
shall be expended in foreign facilities for the construction of major 
components of such vessel:  Provided further, That none of the funds 
provided under this heading shall be used for the construction of any 
naval vessel in foreign shipyards:  Provided further, That funds 
appropriated or otherwise made available by this Act for Columbia Class 
Submarine (AP) may be available for the purposes authorized by 
subsections (f), (g), (h) or (i) of section 2218a of title 10, United 
States Code, only in accordance with the provisions of the applicable 
subsection.

[[Page 136 STAT. 4579]]

                         Other Procurement, Navy

    For procurement, production, and modernization of support equipment 
and materials not otherwise provided for, Navy ordnance (except ordnance 
for new aircraft, new ships, and ships authorized for conversion); the 
purchase of passenger motor vehicles for replacement only; expansion of 
public and private plants, including the land necessary therefor, and 
such lands and interests therein, may be acquired, and construction 
prosecuted thereon prior to approval of title; and procurement and 
installation of equipment, appliances, and machine tools in public and 
private plants; reserve plant and Government and contractor-owned 
equipment layaway, $12,138,590,000, to remain available for obligation 
until September 30, 2025:  Provided, That such funds are also available 
for the maintenance, repair, and modernization of ships under a pilot 
program established for such purposes.

                        Procurement, Marine Corps

    For expenses necessary for the procurement, manufacture, and 
modification of missiles, armament, military equipment, spare parts, and 
accessories therefor; plant equipment, appliances, and machine tools, 
and installation thereof in public and private plants; reserve plant and 
Government and contractor-owned equipment layaway; vehicles for the 
Marine Corps, including the purchase of passenger motor vehicles for 
replacement only; and expansion of public and private plants, including 
land necessary therefor, and such lands and interests therein, may be 
acquired, and construction prosecuted thereon prior to approval of 
title, $3,669,510,000, to remain available for obligation until 
September 30, 2025.

                     Aircraft Procurement, Air Force

    For construction, procurement, and modification of aircraft and 
equipment, including armor and armament, specialized ground handling 
equipment, and training devices, spare parts, and accessories therefor; 
specialized equipment; expansion of public and private plants, 
Government-owned equipment and installation thereof in such plants, 
erection of structures, and acquisition of land, for the foregoing 
purposes, and such lands and interests therein, may be acquired, and 
construction prosecuted thereon prior to approval of title; reserve 
plant and Government and contractor-owned equipment layaway; and other 
expenses necessary for the foregoing purposes including rents and 
transportation of things, $22,196,175,000, to remain available for 
obligation until September 30, 2025.

                     Missile Procurement, Air Force

    For construction, procurement, and modification of missiles, 
rockets, and related equipment, including spare parts and accessories 
therefor; ground handling equipment, and training devices; expansion of 
public and private plants, Government-owned equipment and installation 
thereof in such plants, erection of structures, and acquisition of land, 
for the foregoing purposes, and such lands and interests therein, may be 
acquired, and construction prosecuted thereon prior to approval of 
title; reserve plant and Government

[[Page 136 STAT. 4580]]

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

                  Procurement of Ammunition, Air Force

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

                      Other Procurement, Air Force

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

                        Procurement, Space Force

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

                        Procurement, Defense-Wide

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

[[Page 136 STAT. 4581]]

expansion of public and private plants, equipment, and installation 
thereof in such plants, erection of structures, and acquisition of land 
for the foregoing purposes, and such lands and interests therein, may be 
acquired, and construction prosecuted thereon prior to approval of 
title; reserve plant and Government and contractor-owned equipment 
layaway, $6,139,674,000, to remain available for obligation until 
September 30, 2025.

                    Defense Production Act Purchases

    For activities by the Department of Defense pursuant to sections 
108, 301, 302, and 303 of the Defense Production Act of 1950 (50 U.S.C. 
4518, 4531, 4532, and 4533), $372,906,000, to remain available for 
obligation until September 30, 2027, which shall be obligated and 
expended by the Secretary of Defense as if delegated the necessary 
authorities conferred by the Defense Production Act of 1950.

              National Guard and Reserve Equipment Account

    For procurement of rotary-wing aircraft; combat, tactical and 
support vehicles; other weapons; and other procurement items for the 
reserve components of the Armed Forces, $1,000,000,000, to remain 
available for obligation until September 30, 2025:  Provided, That the 
Chiefs of National Guard and Reserve components shall, not later than 30 
days after enactment of this Act, individually submit to the 
congressional defense committees the modernization priority assessment 
for their respective National Guard or Reserve component:  Provided 
further, That none of the funds made available by this paragraph may be 
used to procure manned fixed wing aircraft, or procure or modify 
missiles, munitions, or ammunition.

                                TITLE IV

               RESEARCH, DEVELOPMENT, TEST AND EVALUATION

            Research, Development, Test and Evaluation, Army

    For expenses necessary for basic and applied scientific research, 
development, test and evaluation, including maintenance, rehabilitation, 
lease, and operation of facilities and equipment, $17,150,141,000, to 
remain available for obligation until September 30, 2024.

            Research, Development, Test and Evaluation, Navy

    For expenses necessary for basic and applied scientific research, 
development, test and evaluation, including maintenance, rehabilitation, 
lease, and operation of facilities and equipment, $26,017,309,000, to 
remain available for obligation until September 30, 2024:  Provided, 
That funds appropriated in this paragraph which are available for the V-
22 may be used to meet unique operational requirements of the Special 
Operations Forces.

          Research, Development, Test and Evaluation, Air Force

    For expenses necessary for basic and applied scientific research, 
development, test and evaluation, including maintenance,

[[Page 136 STAT. 4582]]

rehabilitation, lease, and operation of facilities and equipment, 
$44,946,927,000, to remain available for obligation until September 30, 
2024.

         Research, Development, Test and Evaluation, Space Force

    For expenses necessary for basic and applied scientific research, 
development, test and evaluation, including maintenance, rehabilitation, 
lease, and operation of facilities and equipment, $16,631,377,000, to 
remain available until September 30, 2024.

        Research, Development, Test and Evaluation, Defense-Wide

    For expenses of activities and agencies of the Department of Defense 
(other than the military departments), necessary for basic and applied 
scientific research, development, test and evaluation; advanced research 
projects as may be designated and determined by the Secretary of 
Defense, pursuant to law; maintenance, rehabilitation, lease, and 
operation of facilities and equipment, $34,565,478,000, to remain 
available for obligation until September 30, 2024.

                Operational Test and Evaluation, Defense

    For expenses, not otherwise provided for, necessary for the 
independent activities of the Director, Operational Test and Evaluation, 
in the direction and supervision of operational test and evaluation, 
including initial operational test and evaluation which is conducted 
prior to, and in support of, production decisions; joint operational 
testing and evaluation; and administrative expenses in connection 
therewith, $449,294,000, to remain available for obligation until 
September 30, 2024.

                                 TITLE V

                     REVOLVING AND MANAGEMENT FUNDS

                      Defense Working Capital Funds

    For the Defense Working Capital Funds, $1,654,710,000.

                                TITLE VI

                  OTHER DEPARTMENT OF DEFENSE PROGRAMS

                         Defense Health Program

    For expenses, not otherwise provided for, for medical and health 
care programs of the Department of Defense as authorized by law, 
$39,225,101,000; of which $35,613,417,000 shall be for operation and 
maintenance, of which not to exceed one percent shall remain available 
for obligation until September 30, 2024, and of which up to 
$18,577,877,000 may be available for contracts entered into under the 
TRICARE program; of which $570,074,000, to remain available for 
obligation until September 30, 2025, shall be for procurement; and of 
which $3,041,610,000, to remain available for obligation until September 
30, 2024, shall be for research, development, test and evaluation:  
Provided, That, notwithstanding any

[[Page 136 STAT. 4583]]

other provision of law, of the amount made available under this heading 
for research, development, test and evaluation, not less than 
$12,000,000 shall be available for HIV prevention educational activities 
undertaken in connection with United States military training, 
exercises, and humanitarian assistance activities conducted primarily in 
African nations:  Provided further, That of the funds provided under 
this heading for research, development, test and evaluation, not less 
than $1,561,000,000 shall be made available to the Defense Health Agency 
to carry out the congressionally directed medical research programs:  
Provided further, <<NOTE: Reports.>>  That the Secretary of Defense 
shall submit to the congressional defense committees quarterly reports 
on the current status of the deployment of the electronic health record: 
 Provided further, <<NOTE: Notice. Deadline. Time period.>>  That the 
Secretary of Defense shall provide notice to the congressional defense 
committees not later than 10 business days after delaying the proposed 
timeline of such deployment if such delay is longer than 1 week:  
Provided further, <<NOTE: Reviews.>>  That the Comptroller General of 
the United States shall perform quarterly performance reviews of such 
deployment.

           Chemical Agents and Munitions Destruction, Defense

    For expenses, not otherwise provided for, necessary for the 
destruction of the United States stockpile of lethal chemical agents and 
munitions in accordance with the provisions of section 1412 of the 
Department of Defense Authorization Act, 1986 (50 U.S.C. 1521), and for 
the destruction of other chemical warfare materials that are not in the 
chemical weapon stockpile, $1,059,818,000, of which $84,612,000 shall be 
for operation and maintenance, of which no less than $53,186,000 shall 
be for the Chemical Stockpile Emergency Preparedness Program, consisting 
of $22,778,000 for activities on military installations and $30,408,000, 
to remain available until September 30, 2024, to assist State and local 
governments; and $975,206,000, to remain available until September 30, 
2024, shall be for research, development, test and evaluation, of which 
$971,742,000 shall only be for the Assembled Chemical Weapons 
Alternatives program.

         Drug Interdiction and Counter-Drug Activities, Defense

                      (including transfer of funds)

    For drug interdiction and counter-drug activities of the Department 
of Defense, for transfer to appropriations available to the Department 
of Defense for military personnel of the reserve components serving 
under the provisions of title 10 and title 32, United States Code; for 
operation and maintenance; for procurement; and for research, 
development, test and evaluation, $970,764,000, of which $614,510,000 
shall be for counter-narcotics support; $130,060,000 shall be for the 
drug demand reduction program; $200,316,000 shall be for the National 
Guard counter-drug program; and $25,878,000 shall be for the National 
Guard counter-drug schools program:  Provided, That the funds 
appropriated under this heading shall be available for obligation for 
the same time period and for the same purpose as the appropriation to 
which transferred:  Provided further, <<NOTE: Determination.>>  That 
upon a determination that all or part of the funds transferred from this 
appropriation are not necessary for the purposes provided herein, such 
amounts may be transferred

[[Page 136 STAT. 4584]]

back to this appropriation:  Provided further, That the transfer 
authority provided under this heading is in addition to any other 
transfer authority contained elsewhere in this Act:  Provided further, 
That <<NOTE: Notifications.>>  funds appropriated under this heading may 
be used to support a new start program or project only after written 
prior notification to the Committees on Appropriations of the House of 
Representatives and the Senate.

                     Office of the Inspector General

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

             Support for International Sporting Competitions

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

                                TITLE VII

                            RELATED AGENCIES

    Central Intelligence Agency Retirement and Disability System Fund

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

                Intelligence Community Management Account

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

                               TITLE VIII

                           GENERAL PROVISIONS

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

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

[[Page 136 STAT. 4585]]

any person not a citizen of the United States shall not apply to 
personnel of the Department of Defense:  Provided, That salary increases 
granted to direct and indirect hire foreign national employees of the 
Department of Defense funded by this Act shall not be at a rate in 
excess of the percentage increase authorized by law for civilian 
employees of the Department of Defense whose pay is computed under the 
provisions of section 5332 of title 5, United States Code, or at a rate 
in excess of the percentage increase provided by the appropriate host 
nation to its own employees, whichever is higher:  Provided further, 
That this section shall not apply to Department of Defense foreign 
service national employees serving at United States diplomatic missions 
whose pay is set by the Department of State under the Foreign Service 
Act of 1980:  Provided further, <<NOTE: Turkey.>>  That the limitations 
of this provision shall not apply to foreign national employees of the 
Department of Defense in the Republic of Turkey.

    Sec. 8003.  No part of any appropriation contained in this Act shall 
remain available for obligation beyond the current fiscal year, unless 
expressly so provided herein.
    Sec. 8004. <<NOTE: Time period.>>   No more than 20 percent of the 
appropriations in this Act which are limited for obligation during the 
current fiscal year shall be obligated during the last 2 months of the 
fiscal year:  Provided, That this section shall not apply to obligations 
for support of active duty training of reserve components or summer camp 
training of the Reserve Officers' Training Corps.

                           (transfer of funds)

    Sec. 8005. <<NOTE: Determination.>>   Upon determination by the 
Secretary of Defense that such action is necessary in the national 
interest, the Secretary may, with the approval of the Office of 
Management and Budget, transfer not to exceed $6,000,000,000 of working 
capital funds of the Department of Defense or funds made available in 
this Act to the Department of Defense for military functions (except 
military construction) between such appropriations or funds or any 
subdivision thereof, to be merged with and to be available for the same 
purposes, and for the same time period, as the appropriation or fund to 
which transferred:  Provided, That such authority to transfer may not be 
used unless for higher priority items, based on unforeseen military 
requirements, than those for which originally appropriated and in no 
case where the item for which funds are requested has been denied by the 
Congress:  Provided further, <<NOTE: Notification.>>  That the Secretary 
of Defense shall notify the Congress promptly of all transfers made 
pursuant to this authority or any other authority in this Act:  Provided 
further, <<NOTE: Reprogramming requests.>>  That no part of the funds in 
this Act shall be available to prepare or present a request to the 
Committees on Appropriations of the House of Representatives and the 
Senate for reprogramming of funds, unless for higher priority items, 
based on unforeseen military requirements, than those for which 
originally appropriated and in no case where the item for which 
reprogramming is requested has been denied by the Congress:  Provided 
further, <<NOTE: Reprogramming requests. Deadline.>>  That a request for 
multiple reprogrammings of funds using authority provided in this 
section shall be made prior to June 30, 2023:  Provided further, That 
transfers among military personnel appropriations shall not be taken 
into account for purposes of the limitation on the amount of funds that 
may be transferred under this section.

[[Page 136 STAT. 4586]]

    Sec. 8006. (a) With regard to the list of specific programs, 
projects, and activities (and the dollar amounts and adjustments to 
budget activities corresponding to such programs, projects, and 
activities) contained in the tables titled Explanation of Project Level 
Adjustments in the explanatory statement regarding this Act and the 
tables contained in the classified annex accompanying this Act, the 
obligation and expenditure of amounts appropriated or otherwise made 
available in this Act for those programs, projects, and activities for 
which the amounts appropriated exceed the amounts requested are hereby 
required by law to be carried out in the manner provided by such tables 
to the same extent as if the tables were included in the text of this 
Act.
    (b) Amounts specified in the referenced tables described in 
subsection (a) shall not be treated as subdivisions of appropriations 
for purposes of section 8005 of this Act:  
Provided, <<NOTE: Applicability.>>  That section 8005 shall apply when 
transfers of the amounts described in subsection (a) occur between 
appropriation accounts.

    Sec. 8007. (a) <<NOTE: Reports.>>  Not later than 60 days after the 
date of the enactment of this Act, the Department of Defense shall 
submit a report to the congressional defense committees to establish the 
baseline for application of reprogramming and transfer authorities for 
fiscal year 2023:  Provided, That the report shall include--
            (1) a table for each appropriation with a separate column to 
        display the President's budget request, adjustments made by 
        Congress, adjustments due to enacted rescissions, if 
        appropriate, and the fiscal year enacted level;
            (2) a delineation in the table for each appropriation both 
        by budget activity and program, project, and activity as 
        detailed in the Budget Appendix; and
            (3) an identification of items of special congressional 
        interest.

    (b) <<NOTE: Certification.>>  Notwithstanding section 8005 of this 
Act, none of the funds provided in this Act shall be available for 
reprogramming or transfer until the report identified in subsection (a) 
is submitted to the congressional defense committees, unless the 
Secretary of Defense certifies in writing to the congressional defense 
committees that such reprogramming or transfer is necessary as an 
emergency requirement:  Provided, That this subsection shall not apply 
to transfers from the following appropriations accounts:
            (1) ``Environmental Restoration, Army'';
            (2) ``Environmental Restoration, Navy'';
            (3) ``Environmental Restoration, Air Force'';
            (4) ``Environmental Restoration, Defense-Wide'';
            (5) ``Environmental Restoration, Formerly Used Defense 
        Sites''; and
            (6) ``Drug Interdiction and Counter-drug Activities, 
        Defense''.

                           (transfer of funds)

    Sec. 8008. <<NOTE: Notifications.>>   During the current fiscal 
year, cash balances in working capital funds of the Department of 
Defense established pursuant to section 2208 of title 10, United States 
Code, may be maintained in only such amounts as are necessary at any 
time for cash disbursements to be made from such funds:  Provided, That 
transfers may be made between such funds:  Provided further, 
That <<NOTE: Determination. Approval.>>  transfers may be made between 
working capital funds and

[[Page 136 STAT. 4587]]

the ``Foreign Currency Fluctuations, Defense'' appropriation and the 
``Operation and Maintenance'' appropriation accounts in such amounts as 
may be determined by the Secretary of Defense, with the approval of the 
Office of Management and Budget, except that such transfers may not be 
made unless the Secretary of Defense has notified the Congress of the 
proposed transfer:  Provided further, That except in amounts equal to 
the amounts appropriated to working capital funds in this Act, no 
obligations may be made against a working capital fund to procure or 
increase the value of war reserve material inventory, unless the 
Secretary of Defense has notified the Congress prior to any such 
obligation.

    Sec. 8009. <<NOTE: Notification. Time period.>>   Funds appropriated 
by this Act may not be used to initiate a special access program without 
prior notification 30 calendar days in advance to the congressional 
defense committees.

    Sec. 8010. <<NOTE: Contracts. Notifications. Time periods. 10 USC 
3501 note.>>  None of the funds provided in this Act shall be available 
to initiate: (1) a multiyear contract that employs economic order 
quantity procurement in excess of $20,000,000 in any one year of the 
contract or that includes an unfunded contingent liability in excess of 
$20,000,000; or (2) a contract for advance procurement leading to a 
multiyear contract that employs economic order quantity procurement in 
excess of $20,000,000 in any one year, unless the congressional defense 
committees have been notified at least 30 days in advance of the 
proposed contract award:  Provided, That no part of any appropriation 
contained in this Act shall be available to initiate a multiyear 
contract for which the economic order quantity advance procurement is 
not funded at least to the limits of the Government's liability:  
Provided further, That no part of any appropriation contained in this 
Act shall be available to initiate multiyear procurement contracts for 
any systems or component thereof if the value of the multiyear contract 
would exceed $500,000,000 unless specifically provided in this Act:  
Provided further, That no multiyear procurement contract can be 
terminated without 30-day prior notification to the congressional 
defense committees:  Provided 
further, <<NOTE: Requirement. Analysis. Determination.>>  That the 
execution of multiyear authority shall require the use of a present 
value analysis to determine lowest cost compared to an annual 
procurement:  Provided further, That none of the funds provided in this 
Act may be used for a multiyear contract executed after the date of the 
enactment of this Act unless in the case of any such contract--
            (1) <<NOTE: Budget request.>>  the Secretary of Defense has 
        submitted to Congress a budget request for full funding of units 
        to be procured through the contract and, in the case of a 
        contract for procurement of aircraft, that includes, for any 
        aircraft unit to be procured through the contract for which 
        procurement funds are requested in that budget request for 
        production beyond advance procurement activities in the fiscal 
        year covered by the budget, full funding of procurement of such 
        unit in that fiscal year;
            (2) cancellation provisions in the contract do not include 
        consideration of recurring manufacturing costs of the contractor 
        associated with the production of unfunded units to be delivered 
        under the contract;
            (3) the contract provides that payments to the contractor 
        under the contract shall not be made in advance of incurred 
        costs on funded units; and
            (4) the contract does not provide for a price adjustment 
        based on a failure to award a follow-on contract.

[[Page 136 STAT. 4588]]

Funds appropriated in title III of this Act may be used for multiyear 
procurement contracts for up to 15 DDG-51 Arleigh Burke Class Guided 
Missile Destroyers.
    Sec. 8011. <<NOTE: Humanitarian assistance. Territories.>>   Within 
the funds appropriated for the operation and maintenance of the Armed 
Forces, funds are hereby appropriated pursuant to section 401 of title 
10, United States Code, for humanitarian and civic assistance costs 
under chapter 20 of title 10, United States Code:  
Provided, <<NOTE: Reports.>>  That such funds may also be obligated for 
humanitarian and civic assistance costs incidental to authorized 
operations and pursuant to authority granted in section 401 of title 10, 
United States Code, and these obligations shall be reported as required 
by section 401(d) of title 10, United States Code:  Provided further, 
That funds available for operation and maintenance shall be available 
for providing humanitarian and similar assistance by using Civic Action 
Teams in the Trust Territories of the Pacific Islands and freely 
associated states of Micronesia, pursuant to the Compact of Free 
Association as authorized by Public Law 99-239:  Provided 
further, <<NOTE: Determination. Hawaii.>>  That upon a determination by 
the Secretary of the Army that such action is beneficial for graduate 
medical education programs conducted at Army medical facilities located 
in Hawaii, the Secretary of the Army may authorize the provision of 
medical services at such facilities and transportation to such 
facilities, on a nonreimbursable basis, for civilian patients from 
American Samoa, the Commonwealth of the Northern Mariana Islands, the 
Marshall Islands, the Federated States of Micronesia, Palau, and Guam.

    Sec. 8012. (a) During the current fiscal year, the civilian 
personnel of the Department of Defense may not be managed on the basis 
of any constraint or limitation in terms of man years, end strength, 
full-time equivalent positions, or maximum number of employees, but are 
to be managed solely on the basis of, and in a manner consistent with--
            (1) the total force management policies and procedures 
        established under section 129a of title 10, United States Code;
            (2) the workload required to carry out the functions and 
        activities of the Department; and
            (3) the funds made available to the Department for such 
        fiscal year.

    (b) <<NOTE: Workforce reduction. Analysis.>>  None of the funds 
appropriated by this Act may be used to reduce the civilian workforce 
programmed full time equivalent levels absent the appropriate analysis 
of the impact of these reductions on workload, military force structure, 
lethality, readiness, operational effectiveness, stress on the military 
force, and fully burdened costs.

    (c) A projection of the number of full-time equivalent positions 
shall not be considered a constraint or limitation for purposes of 
subsection (a) and reducing funding for under-execution of such a 
projection shall not be considered managing based on a constraint or 
limitation for purposes of such subsection.
    (d) <<NOTE: Budget request.>>  The fiscal year 2024 budget request 
for the Department of Defense, and any justification material and other 
documentation supporting such a request, shall be prepared and submitted 
to Congress as if subsections (a) and (b) were effective with respect to 
such fiscal year.

    (e) Nothing in this section shall be construed to apply to military 
(civilian) technicians.

[[Page 136 STAT. 4589]]

    Sec. 8013. <<NOTE: Lobbying.>>   None of the funds made available by 
this Act shall be used in any way, directly or indirectly, to influence 
congressional action on any legislation or appropriation matters pending 
before the Congress.

    Sec. 8014.  None of the funds available in this Act to the 
Department of Defense, other than appropriations made for necessary or 
routine refurbishments, upgrades, or maintenance activities, shall be 
used to reduce or to prepare to reduce the number of deployed and non-
deployed strategic delivery vehicles and launchers below the levels set 
forth in the report submitted to Congress in accordance with section 
1042 of the National Defense Authorization Act for Fiscal Year 2012.

                           (transfer of funds)

    Sec. 8015. (a) Funds appropriated in title III of this Act for the 
Department of Defense Pilot Mentor-Protege Program may be transferred to 
any other appropriation contained in this Act solely for the purpose of 
implementing a Mentor-Protege Program developmental assistance agreement 
pursuant to section 831 of the National Defense Authorization Act for 
Fiscal Year 1991 (Public Law 101-510; 10 U.S.C. 2302 note), as amended, 
under the authority of this provision or any other transfer authority 
contained in this Act.
    (b) The Secretary of Defense shall include with the budget 
justification documents in support of the budget for fiscal year 2024 
(as submitted to Congress pursuant to section 1105 of title 31, United 
States Code) a description of each transfer under this section that 
occurred during the last fiscal year before the fiscal year in which 
such budget is submitted.
    Sec. 8016. <<NOTE: Anchor and mooring chain.>>   None of the funds 
in this Act may be available for the purchase by the Department of 
Defense (and its departments and agencies) of welded shipboard anchor 
and mooring chain unless the anchor and mooring chain are manufactured 
in the United States from components which are substantially 
manufactured in the United States:  Provided, <<NOTE: Definition.>>  
That for the purpose of this section, the term ``manufactured'' shall 
include cutting, heat treating, quality control, testing of chain and 
welding (including the forging and shot blasting process):  Provided 
further, That for the purpose of this section substantially all of the 
components of anchor and mooring chain shall be considered to be 
produced or manufactured in the United States if the aggregate cost of 
the components produced or manufactured in the United States exceeds the 
aggregate cost of the components produced or manufactured outside the 
United States:  Provided further, <<NOTE: Waiver 
authority. Certification.>>  That when adequate domestic supplies are 
not available to meet Department of Defense requirements on a timely 
basis, the Secretary of the Service responsible for the procurement may 
waive this restriction on a case-by-case basis by certifying in writing 
to the Committees on Appropriations of the House of Representatives and 
the Senate that such an acquisition must be made in order to acquire 
capability for national security purposes.

    Sec. 8017. <<NOTE: Alcohol and alcoholic beverages.>>   None of the 
funds appropriated by this Act shall be used for the support of any 
nonappropriated funds activity of the Department of Defense that 
procures malt beverages and wine with nonappropriated funds for resale 
(including such alcoholic beverages sold by the drink) on a military 
installation located

[[Page 136 STAT. 4590]]

in the United States unless such malt beverages and wine are procured 
within that State, or in the case of the District of Columbia, within 
the District of Columbia, in which the military installation is located: 
 Provided, That, in a case in which the military installation is located 
in more than one State, purchases may be made in any State in which the 
installation is located:  Provided further, <<NOTE: Applicability.>>  
That such local procurement requirements for malt beverages and wine 
shall apply to all alcoholic beverages only for military installations 
in States which are not contiguous with another State:  Provided 
further, That alcoholic beverages other than wine and malt beverages, in 
contiguous States and the District of Columbia shall be procured from 
the most competitive source, price and other factors considered.

    Sec. 8018. <<NOTE: Arms and munitions. Certification.>>   None of 
the funds available to the Department of Defense may be used to 
demilitarize or dispose of M-1 Carbines, M-1 Garand rifles, M-14 rifles, 
.22 caliber rifles, .30 caliber rifles, or M-1911 pistols, or to 
demilitarize or destroy small arms ammunition or ammunition components 
that are not otherwise prohibited from commercial sale under Federal 
law, unless the small arms ammunition or ammunition components are 
certified by the Secretary of the Army or designee as unserviceable or 
unsafe for further use.

    Sec. 8019.  No more than $500,000 of the funds appropriated or made 
available in this Act shall be used during a single fiscal year for any 
single relocation of an organization, unit, activity or function of the 
Department of Defense into or within the National Capital Region:  
Provided, <<NOTE: Waiver authority. Certification.>>  That the Secretary 
of Defense may waive this restriction on a case-by-case basis by 
certifying in writing to the congressional defense committees that such 
a relocation is required in the best interest of the Government.

    Sec. 8020.  In addition to the funds provided elsewhere in this Act, 
$25,000,000 is appropriated only for incentive payments authorized by 
section 504 of the Indian Financing Act of 1974 (25 U.S.C. 1544):  
Provided, <<NOTE: Contracts.>>  That a prime contractor or a 
subcontractor at any tier that makes a subcontract award to any 
subcontractor or supplier as defined in section 1544 of title 25, United 
States Code, or a small business owned and controlled by an individual 
or individuals defined under section 4221(9) of title 25, United States 
Code, shall be considered a contractor for the purposes of being allowed 
additional compensation under section 504 of the Indian Financing Act of 
1974 (25 U.S.C. 1544) whenever the prime contract or subcontract amount 
is over $500,000 and involves the expenditure of funds appropriated by 
an Act making appropriations for the Department of Defense with respect 
to any fiscal year:  Provided further, <<NOTE: Applicability.>>  That 
notwithstanding section 1906 of title 41, United States Code, this 
section shall be applicable to any Department of Defense acquisition of 
supplies or services, including any contract and any subcontract at any 
tier for acquisition of commercial items produced or manufactured, in 
whole or in part, by any subcontractor or supplier defined in section 
1544 of title 25, United States Code, or a small business owned and 
controlled by an individual or individuals defined under section 4221(9) 
of title 25, United States Code.

    Sec. 8021. <<NOTE: Native Americans. State listing.>>  (a) 
Notwithstanding any other provision of law, the Secretary of the Air 
Force may convey at no cost to the Air Force, without consideration, to 
Indian tribes located in the States of Nevada, Idaho, North Dakota, 
South Dakota, Montana, Oregon,

[[Page 136 STAT. 4591]]

Minnesota, and Washington relocatable military housing units located at 
Grand Forks Air Force Base, Malmstrom Air Force Base, Mountain Home Air 
Force Base, Ellsworth Air Force Base, and Minot Air Force Base that are 
excess to the needs of the Air Force.

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

    (c) The Operation Walking Shield Program shall resolve any conflicts 
among requests of Indian tribes for housing units under subsection (a) 
before submitting requests to the Secretary of the Air Force under 
subsection (b).
    (d) <<NOTE: Definition.>>  In this section, the term ``Indian 
tribe'' means any recognized Indian tribe included on the current list 
published by the Secretary of the Interior under section 104 of the 
Federally Recognized Indian Tribe Act of 1994 (Public Law 103-454; 108 
Stat. 4792; 25 U.S.C. 5131).

    Sec. 8022.  Of the funds appropriated to the Department of Defense 
under the heading ``Operation and Maintenance, Defense-Wide'', not less 
than $20,000,000 shall be made available only for the mitigation of 
environmental impacts, including training and technical assistance to 
tribes, related administrative support, the gathering of information, 
documenting of environmental damage, and developing a system for 
prioritization of mitigation and cost to complete estimates for 
mitigation, on Indian lands resulting from Department of Defense 
activities.
    Sec. 8023.  Funds appropriated by this Act for the Defense Media 
Activity shall not be used for any national or international political 
or psychological activities.
    Sec. 8024.  Of the amounts appropriated for ``Working Capital Fund, 
Army'', $115,000,000 shall be available to maintain competitive rates at 
the arsenals.
    Sec. 8025. (a) Of the funds made available in this Act, not less 
than $64,800,000 shall be available for the Civil Air Patrol 
Corporation, of which--
            (1) $51,300,000 shall be available from ``Operation and 
        Maintenance, Air Force'' to support Civil Air Patrol Corporation 
        operation and maintenance, readiness, counter-drug activities, 
        and drug demand reduction activities involving youth programs;
            (2) $11,600,000 shall be available from ``Aircraft 
        Procurement, Air Force''; and
            (3) $1,900,000 shall be available from ``Other Procurement, 
        Air Force'' for vehicle procurement.

    (b) The Secretary of the Air Force should waive reimbursement for 
any funds used by the Civil Air Patrol for counter-drug activities in 
support of Federal, State, and local government agencies.
    Sec. 8026. (a) None of the funds appropriated in this Act are 
available to establish a new Department of Defense (department) 
federally funded research and development center (FFRDC), either as a 
new entity, or as a separate entity administrated by

[[Page 136 STAT. 4592]]

an organization managing another FFRDC, or as a nonprofit membership 
corporation consisting of a consortium of other FFRDCs and other 
nonprofit entities.
    (b) No member of a Board of Directors, Trustees, Overseers, Advisory 
Group, Special Issues Panel, Visiting Committee, or any similar entity 
of a defense FFRDC, and no paid consultant to any defense FFRDC, except 
when acting in a technical advisory capacity, may be compensated for his 
or her services as a member of such entity, or as a paid consultant by 
more than one FFRDC in a fiscal year:  Provided, That a member of any 
such entity referred to previously in this subsection shall be allowed 
travel expenses and per diem as authorized under the Federal Joint 
Travel Regulations, when engaged in the performance of membership 
duties.
    (c) Notwithstanding any other provision of law, none of the funds 
available to the department from any source during the current fiscal 
year may be used by a defense FFRDC, through a fee or other payment 
mechanism, for construction of new buildings not located on a military 
installation, for payment of cost sharing for projects funded by 
Government grants, for absorption of contract overruns, or for certain 
charitable contributions, not to include employee participation in 
community service and/or development.
    (d) Notwithstanding any other provision of law, of the funds 
available to the department during fiscal year 2023, not more than 
$2,788,107,000 may be funded for professional technical staff-related 
costs of the defense FFRDCs:  Provided, That within such funds, not more 
than $446,097,000 shall be available for the defense studies and 
analysis FFRDCs:  Provided further, That this subsection shall not apply 
to staff years funded in the National Intelligence Program and the 
Military Intelligence Program:  Provided 
further, <<NOTE: Reports. Budget estimates.>>  That the Secretary of 
Defense shall, with the submission of the department's fiscal year 2024 
budget request, submit a report presenting the specific amounts of staff 
years of technical effort to be allocated for each defense FFRDC by 
program during that fiscal year and the associated budget estimates, by 
appropriation account and program.

    (e) Notwithstanding any other provision of this Act, the total 
amount appropriated in this Act for FFRDCs is hereby reduced by 
$129,893,000:  Provided, That this subsection shall not apply to 
appropriations for the National Intelligence Program and Military 
Intelligence Program.
    Sec. 8027. <<NOTE: Definition.>>   For the purposes of this Act, the 
term ``congressional defense committees'' means the Armed Services 
Committee of the House of Representatives, the Armed Services Committee 
of the Senate, the Subcommittee on Defense of the Committee on 
Appropriations of the Senate, and the Subcommittee on Defense of the 
Committee on Appropriations of the House of Representatives.

    Sec. 8028. <<NOTE: Definition.>>   For the purposes of this Act, the 
term ``congressional intelligence committees'' means the Permanent 
Select Committee on Intelligence of the House of Representatives, the 
Select Committee on Intelligence of the Senate, the Subcommittee on 
Defense of the Committee on Appropriations of the House of 
Representatives, and the Subcommittee on Defense of the Committee on 
Appropriations of the Senate.

    Sec. 8029.  During the current fiscal year, the Department of 
Defense may acquire the modification, depot maintenance and repair of 
aircraft, vehicles and vessels as well as the production

[[Page 136 STAT. 4593]]

of components and other Defense-related articles, through competition 
between Department of Defense depot maintenance activities and private 
firms:  Provided, <<NOTE: Certification. Cost estimates.>>  That the 
Senior Acquisition Executive of the military department or Defense 
Agency concerned, with power of delegation, shall certify that 
successful bids include comparable estimates of all direct and indirect 
costs for both public and private bids:  Provided further, That Office 
of Management and Budget Circular A-76 shall not apply to competitions 
conducted under this section.

    Sec. 8030. (a) <<NOTE: Compliance.>>  None of the funds appropriated 
in this Act may be expended by an entity of the Department of Defense 
unless the entity, in expending the funds, complies with the Buy 
American Act. <<NOTE: Definition.>>  For purposes of this subsection, 
the term ``Buy American Act'' means chapter 83 of title 41, United 
States Code.

    (b) <<NOTE: Determinations. Labeling. Fraud. Debarment.>>  If the 
Secretary of Defense determines that a person has been convicted of 
intentionally affixing a label bearing a ``Made in America'' inscription 
to any product sold in or shipped to the United States that is not made 
in America, the Secretary shall determine, in accordance with section 
4658 of title 10, United States Code, whether the person should be 
debarred from contracting with the Department of Defense.

    (c) In the case of any equipment or products purchased with 
appropriations provided under this Act, it is the sense of the Congress 
that any entity of the Department of Defense, in expending the 
appropriation, purchase only American-made equipment and products, 
provided that American-made equipment and products are cost-competitive, 
quality competitive, and available in a timely fashion.
    Sec. 8031. <<NOTE: Contracts.>>   None of the funds appropriated or 
made available in this Act shall be used to procure carbon, alloy, or 
armor steel plate for use in any Government-owned facility or property 
under the control of the Department of Defense which were not melted and 
rolled in the United States or Canada:  
Provided, <<NOTE: Applicability.>>  That these procurement restrictions 
shall apply to any and all Federal Supply Class 9515, American Society 
of Testing and Materials (ASTM) or American Iron and Steel Institute 
(AISI) specifications of carbon, alloy or armor steel plate:  Provided 
further, <<NOTE: Waiver authority. Certification.>>  That the Secretary 
of the military department responsible for the procurement may waive 
this restriction on a case-by-case basis by certifying in writing to the 
Committees on Appropriations of the House of Representatives and the 
Senate that adequate domestic supplies are not available to meet 
Department of Defense requirements on a timely basis and that such an 
acquisition must be made in order to acquire capability for national 
security purposes:  Provided further, That these restrictions shall not 
apply to contracts which are in being as of the date of the enactment of 
this Act.

    Sec. 8032. (a)(1) <<NOTE: Determination. Contracts. Rescission. 41 
USC 8304 note.>>  If the Secretary of Defense, after consultation with 
the United States Trade Representative, determines that a foreign 
country which is party to an agreement described in paragraph (2) has 
violated the terms of the agreement by discriminating against certain 
types of products produced in the United States that are covered by the 
agreement, the Secretary of Defense shall rescind the Secretary's 
blanket waiver of the Buy American Act with respect to such types of 
products produced in that foreign country.

    (2) <<NOTE: Memorandum.>>  An agreement referred to in paragraph (1) 
is any reciprocal defense procurement memorandum of understanding, 
between the

[[Page 136 STAT. 4594]]

United States and a foreign country pursuant to which the Secretary of 
Defense has prospectively waived the Buy American Act for certain 
products in that country.

    (b) <<NOTE: Reports.>>  The Secretary of Defense shall submit to the 
Congress a report on the amount of Department of Defense purchases from 
foreign entities in fiscal year 2023. Such report shall separately 
indicate the dollar value of items for which the Buy American Act was 
waived pursuant to any agreement described in subsection (a)(2), the 
Trade Agreements Act of 1979 (19 U.S.C. 2501 et seq.), or any 
international agreement to which the United States is a party.

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

    Sec. 8033. <<NOTE: Contracts. Ball and roller bearings.>>   None of 
the funds appropriated by this Act may be used for the procurement of 
ball and roller bearings other than those produced by a domestic source 
and of domestic origin:  Provided, <<NOTE: Waiver 
authority. Certification.>>  That the Secretary of the military 
department responsible for such procurement may waive this restriction 
on a case-by-case basis by certifying in writing to the Committees on 
Appropriations of the House of Representatives and the Senate, that 
adequate domestic supplies are not available to meet Department of 
Defense requirements on a timely basis and that such an acquisition must 
be made in order to acquire capability for national security purposes:  
Provided further, <<NOTE: Applicability.>>  That this restriction shall 
not apply to the purchase of ``commercial products'', as defined by 
section 103 of title 41, United States Code, except that the restriction 
shall apply to ball or roller bearings purchased as end items.

    Sec. 8034.  In addition to any other funds made available for such 
purposes, there is appropriated $93,500,000, for an additional amount 
for the ``National Defense Stockpile Transaction Fund'', to remain 
available until September 30, 2025, for activities pursuant to the 
Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98 et 
seq.):  Provided, <<NOTE: Time period. Execution plan.>>  That none of 
the funds provided under this section may be obligated or expended until 
90 days after the Secretary of Defense provides the Committees on 
Appropriations of the House of Representatives and the Senate a detailed 
execution plan for such funds.

    Sec. 8035. <<NOTE: Supercomputers. Certification.>>   None of the 
funds in this Act may be used to purchase any supercomputer which is not 
manufactured in the United States, unless the Secretary of Defense 
certifies to the congressional defense committees that such an 
acquisition must be made in order to acquire capability for national 
security purposes that is not available from United States 
manufacturers.

    Sec. 8036. <<NOTE: Waiver authority. Determination.>>  (a) The 
Secretary of Defense may, on a case-by-case basis, waive with respect to 
a foreign country each limitation on the procurement of defense items 
from foreign sources provided in law if the Secretary determines that 
the application of the limitation with respect to that country would 
invalidate cooperative programs entered into between the Department of 
Defense and the foreign country, or would invalidate reciprocal trade 
agreements for the procurement of defense items entered into under 
section 4851 of title 10, United States Code, and the country does not 
discriminate against the same or similar defense items produced in the 
United States for that country.

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

[[Page 136 STAT. 4595]]

            (2) options for the procurement of items that are exercised 
        after such date under contracts that are entered into before 
        such date if the option prices are adjusted for any reason other 
        than the application of a waiver granted under subsection (a).

    (c) Subsection (a) does not apply to a limitation regarding 
construction of public vessels, ball and roller bearings, food, and 
clothing or textile materials as defined by section XI (chapters 50-65) 
of the Harmonized Tariff Schedule of the United States and products 
classified under headings 4010, 4202, 4203, 6401 through 6406, 6505, 
7019, 7218 through 7229, 7304.41 through 7304.49, 7306.40, 7502 through 
7508, 8105, 8108, 8109, 8211, 8215, and 9404.
    Sec. 8037. <<NOTE: Flags. 10 USC 4862 note.>>   None of the funds 
made available in this Act, or any subsequent Act making appropriations 
for the Department of Defense, may be used for the purchase or 
manufacture of a flag of the United States unless such flags are treated 
as covered items under section 4862(b) of title 10, United States Code.

    Sec. 8038.  During the current fiscal year, amounts contained in the 
Department of Defense Overseas Military Facility Investment Recovery 
Account shall be available until expended for the payments specified by 
section 2687a(b)(2) of title 10, United States Code.
    Sec. 8039.  During the current fiscal year, appropriations which are 
available to the Department of Defense for operation and maintenance may 
be used to purchase items having an investment item unit cost of not 
more than $350,000:  Provided, <<NOTE: Determination.>>  That upon 
determination by the Secretary of Defense that such action is necessary 
to meet the operational requirements of a Commander of a Combatant 
Command engaged in a named contingency operation overseas, such funds 
may be used to purchase items having an investment item unit cost of not 
more than $500,000.

    Sec. 8040.  Up to $13,720,000 of the funds appropriated under the 
heading ``Operation and Maintenance, Navy'' may be made available for 
the Asia Pacific Regional Initiative Program for the purpose of enabling 
the United States Indo-Pacific Command to execute Theater Security 
Cooperation activities such as humanitarian assistance, and payment of 
incremental and personnel costs of training and exercising with foreign 
security forces:  Provided, That <<NOTE: Humanitarian assistance.>>  
funds made available for this purpose may be used, notwithstanding any 
other funding authorities for humanitarian assistance, security 
assistance or combined exercise expenses:  Provided further, That funds 
may not be obligated to provide assistance to any foreign country that 
is otherwise prohibited from receiving such type of assistance under any 
other provision of law.

    Sec. 8041. <<NOTE: Regulations. Tobacco and tobacco products. 10 USC 
2484 note.>>   The Secretary of Defense shall issue regulations to 
prohibit the sale of any tobacco or tobacco-related products in military 
resale outlets in the United States, its territories and possessions at 
a price below the most competitive price in the local community:  
Provided, That such regulations shall direct that the prices of tobacco 
or tobacco-related products in overseas military retail outlets shall be 
within the range of prices established for military retail system stores 
located in the United States.

    Sec. 8042. (a) During the current fiscal year, none of the 
appropriations or funds available to the Department of Defense Working 
Capital Funds shall be used for the purchase of an investment item for 
the purpose of acquiring a new inventory item for

[[Page 136 STAT. 4596]]

sale or anticipated sale during the current fiscal year or a subsequent 
fiscal year to customers of the Department of Defense Working Capital 
Funds if such an item would not have been chargeable to the Department 
of Defense Business Operations Fund during fiscal year 1994 and if the 
purchase of such an investment item would be chargeable during the 
current fiscal year to appropriations made to the Department of Defense 
for procurement.
    (b) <<NOTE: Budget request. Contracts.>>  The fiscal year 2024 
budget request for the Department of Defense as well as all 
justification material and other documentation supporting the fiscal 
year 2024 Department of Defense budget shall be prepared and submitted 
to the Congress on the basis that any equipment which was classified as 
an end item and funded in a procurement appropriation contained in this 
Act shall be budgeted for in a proposed fiscal year 2024 procurement 
appropriation and not in the supply management business area or any 
other area or category of the Department of Defense Working Capital 
Funds.

    Sec. 8043. <<NOTE: 50 USC 3521 note.>>   None of the funds 
appropriated by this Act for programs of the Central Intelligence Agency 
shall remain available for obligation beyond the current fiscal year, 
except for funds appropriated for the Reserve for Contingencies, which 
shall remain available until September 30, 2024:  Provided, That funds 
appropriated, transferred, or otherwise credited to the Central 
Intelligence Agency Central Services Working Capital Fund during this or 
any prior or subsequent fiscal year shall remain available until 
expended:  Provided further, That any funds appropriated or transferred 
to the Central Intelligence Agency for advanced research and development 
acquisition, for agent operations, and for covert action programs 
authorized by the President under section 503 of the National Security 
Act of 1947 (50 U.S.C. 3093) shall remain available until September 30, 
2024:  Provided further, That any funds appropriated or transferred to 
the Central Intelligence Agency for the construction, improvement, or 
alteration of facilities, including leased facilities, to be used 
primarily by personnel of the intelligence community, shall remain 
available until September 30, 2025.

                      (including transfer of funds)

    Sec. 8044.  Of the funds appropriated in this Act under the heading 
``Operation and Maintenance, Defense-Wide'', $47,000,000 shall be for 
continued implementation and expansion of the Sexual Assault Special 
Victims' Counsel Program:  Provided, That the funds are made available 
for transfer to the Department of the Army, the Department of the Navy, 
and the Department of the Air Force:  Provided further, That funds 
transferred shall be merged with and available for the same purposes and 
for the same time period as the appropriations to which the funds are 
transferred:  Provided further, That this transfer authority is in 
addition to any other transfer authority provided in this Act.
    Sec. 8045. (a) Except as provided in subsections (b) and (c), none 
of the funds made available by this Act may be used--
            (1) to establish a field operating agency; or
            (2) to pay the basic pay of a member of the Armed Forces or 
        civilian employee of the department who is transferred or 
        reassigned from a headquarters activity if the member or 
        employee's place of duty remains at the location of that 
        headquarters.

[[Page 136 STAT. 4597]]

    (b) <<NOTE: Waiver authority. Determination. Certification.>>  The 
Secretary of Defense or Secretary of a military department may waive the 
limitations in subsection (a), on a case-by-case basis, if the Secretary 
determines, and certifies to the Committees on Appropriations of the 
House of Representatives and the Senate that the granting of the waiver 
will reduce the personnel requirements or the financial requirements of 
the department.

    (c) This section does not apply to--
            (1) field operating agencies funded within the National 
        Intelligence Program;
            (2) <<NOTE: Determination.>>  an Army field operating agency 
        established to eliminate, mitigate, or counter the effects of 
        improvised explosive devices, and, as determined by the 
        Secretary of the Army, other similar threats;
            (3) an Army field operating agency established to improve 
        the effectiveness and efficiencies of biometric activities and 
        to integrate common biometric technologies throughout the 
        Department of Defense; or
            (4) an Air Force field operating agency established to 
        administer the Air Force Mortuary Affairs Program and Mortuary 
        Operations for the Department of Defense and authorized Federal 
        entities.

    Sec. 8046. <<NOTE: Contracts. Effective date.>>  (a) None of the 
funds appropriated by this Act shall be available to convert to 
contractor performance an activity or function of the Department of 
Defense that, on or after the date of the enactment of this Act, is 
performed by Department of Defense civilian employees unless--
            (1) <<NOTE: Plan.>>  the conversion is based on the result 
        of a public-private competition that includes a most efficient 
        and cost effective organization plan developed by such activity 
        or function;
            (2) <<NOTE: Determination.>>  the Competitive Sourcing 
        Official determines that, over all performance periods stated in 
        the solicitation of offers for performance of the activity or 
        function, the cost of performance of the activity or function by 
        a contractor would be less costly to the Department of Defense 
        by an amount that equals or exceeds the lesser of--
                    (A) 10 percent of the most efficient organization's 
                personnel-related costs for performance of that activity 
                or function by Federal employees; or
                    (B) $10,000,000; and
            (3) the contractor does not receive an advantage for a 
        proposal that would reduce costs for the Department of Defense 
        by--
                    (A) not making an employer-sponsored health 
                insurance plan available to the workers who are to be 
                employed in the performance of that activity or function 
                under the contract; or
                    (B) offering to such workers an employer-sponsored 
                health benefits plan that requires the employer to 
                contribute less towards the premium or subscription 
                share than the amount that is paid by the Department of 
                Defense for health benefits for civilian employees under 
                chapter 89 of title 5, United States Code.

    (b)(1) The Department of Defense, without regard to subsection (a) 
of this section or subsection (a), (b), or (c) of section 2461 of title 
10, United States Code, and notwithstanding any administrative 
regulation, requirement, or policy to the contrary shall have full 
authority to enter into a contract for the performance of any

[[Page 136 STAT. 4598]]

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

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

                              (rescissions)

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

[[Page 136 STAT. 4599]]

            ``Research, Development, Test and Evaluation, Air Force'', 
        2022/2023, $117,727,000;
            ``Research, Development, Test and Evaluation, Space Force'', 
        2022/2023, $113,400,000; and
            ``Defense Counterintelligence and Security Agency Working 
        Capital Fund'', XXXX/XXXX, $30,000,000.

    Sec. 8048.  None of the funds available in this Act may be used to 
reduce the authorized positions for military technicians (dual status) 
of the Army National Guard, Air National Guard, Army Reserve and Air 
Force Reserve for the purpose of applying any administratively imposed 
civilian personnel ceiling, freeze, or reduction on military technicians 
(dual status), unless such reductions are a direct result of a reduction 
in military force structure.
    Sec. 8049. <<NOTE: North Korea.>>   None of the funds appropriated 
or otherwise made available in this Act may be obligated or expended for 
assistance to the Democratic People's Republic of Korea unless 
specifically appropriated for that purpose:  Provided, <<NOTE: Armed 
Forces remains.>>  That this restriction shall not apply to any 
activities incidental to the Defense POW/MIA Accounting Agency mission 
to recover and identify the remains of United States Armed Forces 
personnel from the Democratic People's Republic of Korea.

    Sec. 8050. <<NOTE: Reimbursement.>>   Funds appropriated in this Act 
for operation and maintenance of the Military Departments, Combatant 
Commands and Defense Agencies shall be available for reimbursement of 
pay, allowances and other expenses which would otherwise be incurred 
against appropriations for the National Guard and Reserve when members 
of the National Guard and Reserve provide intelligence or 
counterintelligence support to Combatant Commands, Defense Agencies and 
Joint Intelligence Activities, including the activities and programs 
included within the National Intelligence Program and the Military 
Intelligence Program:  Provided, That nothing in this section authorizes 
deviation from established Reserve and National Guard personnel and 
training procedures.

    Sec. 8051. <<NOTE: Drugs and drug abuse. 10 USC 274 note.>>  (a) 
None of the funds available to the Department of Defense for any fiscal 
year for drug interdiction or counter-drug activities may be transferred 
to any other department or agency of the United States except as 
specifically provided in an appropriations law.

    (b) <<NOTE: 50 USC 3506 note.>>  None of the funds available to the 
Central Intelligence Agency for any fiscal year for drug interdiction or 
counter-drug activities may be transferred to any other department or 
agency of the United States except as specifically provided in an 
appropriations law.

    Sec. 8052.  In addition to the amounts appropriated or otherwise 
made available elsewhere in this Act, $49,000,000 is hereby appropriated 
to the Department of Defense:  Provided, <<NOTE: Determination.>>  That 
upon the determination of the Secretary of Defense that it shall serve 
the national interest, the Secretary shall make grants in the amounts 
specified as follows: $24,000,000 to the United Service Organizations 
and $25,000,000 to the Red Cross.

    Sec. 8053.  Notwithstanding any other provision in this Act, the 
Small Business Innovation Research program and the Small Business 
Technology Transfer program set-asides shall be taken proportionally 
from all programs, projects, or activities to the extent they contribute 
to the extramural budget. <<NOTE: Reports.>>  The Secretary of each 
military department, the Director of each Defense Agency, and the head 
of each other relevant component of the Department

[[Page 136 STAT. 4600]]

of Defense shall submit to the congressional defense committees, 
concurrent with submission of the budget justification documents to 
Congress pursuant to section 1105 of title 31, United States Code, a 
report with a detailed accounting of the Small Business Innovation 
Research program and the Small Business Technology Transfer program set-
asides taken from programs, projects, or activities within such 
department, agency, or component during the most recently completed 
fiscal year.

    Sec. 8054. <<NOTE: Contracts.>>   None of the funds available to the 
Department of Defense under this Act shall be obligated or expended to 
pay a contractor under a contract with the Department of Defense for 
costs of any amount paid by the contractor to an employee when--
            (1) such costs are for a bonus or otherwise in excess of the 
        normal salary paid by the contractor to the employee; and
            (2) such bonus is part of restructuring costs associated 
        with a business combination.

                      (including transfer of funds)

    Sec. 8055.  During the current fiscal year, no more than $30,000,000 
of appropriations made in this Act under the heading ``Operation and 
Maintenance, Defense-Wide'' may be transferred to appropriations 
available for the pay of military personnel, to be merged with, and to 
be available for the same time period as the appropriations to which 
transferred, to be used in support of such personnel in connection with 
support and services for eligible organizations and activities outside 
the Department of Defense pursuant to section 2012 of title 10, United 
States Code.
    Sec. 8056.  During the current fiscal year, in the case of an 
appropriation account of the Department of Defense for which the period 
of availability for obligation has expired or which has closed under the 
provisions of section 1552 of title 31, United States Code, and which 
has a negative unliquidated or unexpended balance, an obligation or an 
adjustment of an obligation may be charged to any current appropriation 
account for the same purpose as the expired or closed account if--
            (1) the obligation would have been properly chargeable 
        (except as to amount) to the expired or closed account before 
        the end of the period of availability or closing of that 
        account;
            (2) the obligation is not otherwise properly chargeable to 
        any current appropriation account of the Department of Defense; 
        and
            (3) in the case of an expired account, the obligation is not 
        chargeable to a current appropriation of the Department of 
        Defense under the provisions of section 1405(b)(8) of the 
        National Defense Authorization Act for Fiscal Year 1991, Public 
        Law 101-510, as amended (31 U.S.C. 1551 note):  Provided, That 
        in the case of an expired account, if subsequent review or 
        investigation discloses that there was not in fact a negative 
        unliquidated or unexpended balance in the account, any charge to 
        a current account under the authority of this section shall be 
        reversed and recorded against the expired account:  Provided 
        further, That the total amount charged to a current 
        appropriation under this section may not exceed an amount equal 
        to 1 percent of the total appropriation for that account:

[[Page 136 STAT. 4601]]

  Provided, <<NOTE: Budget statement. Time period.>>  That the Under 
Secretary of Defense (Comptroller) shall include with the budget of the 
President for fiscal year 2024 (as submitted to Congress pursuant to 
section 1105 of title 31, United States Code) a statement describing 
each instance if any, during each of the fiscal years 2016 through 2023 
in which the authority in this section was exercised.

    Sec. 8057. <<NOTE: Reimbursement.>>  (a) Notwithstanding any other 
provision of law, the Chief of the National Guard Bureau may permit the 
use of equipment of the National Guard Distance Learning Project by any 
person or entity on a space-available, reimbursable basis. The Chief of 
the National Guard Bureau shall establish the amount of reimbursement 
for such use on a case-by-case basis.

    (b) Amounts collected under subsection (a) shall be credited to 
funds available for the National Guard Distance Learning Project and be 
available to defray the costs associated with the use of equipment of 
the project under that subsection. Such funds shall be available for 
such purposes without fiscal year limitation.
    Sec. 8058. (a) None of the funds appropriated or otherwise made 
available by this or prior Acts may be obligated or expended to retire, 
prepare to retire, or place in storage or on backup aircraft inventory 
status any C-40 aircraft.
    (b) <<NOTE: Determination.>>  The limitation under subsection (a) 
shall not apply to an individual C-40 aircraft that the Secretary of the 
Air Force determines, on a case-by-case basis, to be no longer mission 
capable due to a Class A mishap.

    (c) <<NOTE: Certification.>>  If the Secretary determines under 
subsection (b) that an aircraft is no longer mission capable, the 
Secretary shall submit to the congressional defense committees a 
certification in writing that the status of such aircraft is due to a 
Class A mishap and not due to lack of maintenance, repairs, or other 
reasons.

    (d) <<NOTE: Reports.>>  Not later than 90 days after the date of the 
enactment of this Act, the Secretary of Defense shall submit to the 
congressional defense committees a report on the necessary steps taken 
by the Department of Defense to meet the travel requirements for 
official or representational duties of members of Congress and the 
Cabinet in fiscal years 2023 and 2024.

    Sec. 8059. <<NOTE: Certifications.>>  (a) None of the funds 
appropriated in title IV of this Act may be used to procure end-items 
for delivery to military forces for operational training, operational 
use, or inventory requirements:  Provided, That this restriction does 
not apply to end-items used in development, prototyping in accordance 
with an approved test strategy, and test activities preceding and 
leading to acceptance for operational use.

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

[[Page 136 STAT. 4602]]

pursuant to section 1105 of title 31, United States Code, submit to the 
congressional defense committees a report detailing the use of funds 
requested in research, development, test and evaluation accounts for 
end-items used in development, prototyping and test activities preceding 
and leading to acceptance for operational use:  
Provided, <<NOTE: List.>>  That the report shall set forth, for each end 
item covered by the preceding proviso, a detailed list of the statutory 
authorities under which amounts in the accounts described in that 
proviso were used for such item:  Provided 
further, <<NOTE: Compliance.>>  That the Secretary of Defense shall, at 
the time of the submittal to Congress of the budget of the President for 
fiscal year 2024 pursuant to section 1105 of title 31, United States 
Code, submit to the congressional defense committees a certification 
that funds requested for fiscal year 2024 in research, development, test 
and evaluation accounts are in compliance with this section:  Provided 
further, <<NOTE: Waiver authority.>>  That the Secretary of Defense may 
waive this restriction on a case-by-case basis by certifying in writing 
to the Committees on Appropriations of the House of Representatives and 
the Senate that it is in the national security interest to do so.

    Sec. 8060.  None of the funds appropriated or otherwise made 
available by this or other Department of Defense Appropriations Acts may 
be obligated or expended for the purpose of performing repairs or 
maintenance to military family housing units of the Department of 
Defense, including areas in such military family housing units that may 
be used for the purpose of conducting official Department of Defense 
business.
    Sec. 8061. <<NOTE: Time period. Reports. Strategies. Cost 
estimates.>>   Notwithstanding any other provision of law, funds 
appropriated in this Act under the heading ``Research, Development, Test 
and Evaluation, Defense-Wide'' for any new start defense innovation 
acceleration or rapid prototyping program demonstration project with a 
value of more than $5,000,000 may only be obligated 15 days after a 
report, including a description of the project, the planned acquisition 
and transition strategy and its estimated annual and total cost, has 
been provided in writing to the congressional defense committees:  
Provided, <<NOTE: Waiver authority. Certification.>>  That the Secretary 
of Defense may waive this restriction on a case-by-case basis by 
certifying to the congressional defense committees that it is in the 
national interest to do so.

    Sec. 8062. <<NOTE: Classified information. Reports.>>   The 
Secretary of Defense shall continue to provide a classified quarterly 
report to the Committees on Appropriations of the House of 
Representatives and the Senate, Subcommittees on Defense on certain 
matters as directed in the classified annex accompanying this Act.

    Sec. 8063.  Notwithstanding section 12310(b) of title 10, United 
States Code, a Reserve who is a member of the National Guard serving on 
full-time National Guard duty under section 502(f) of title 32, United 
States Code, may perform duties in support of the ground-based elements 
of the National Ballistic Missile Defense System.
    Sec. 8064. <<NOTE: Arms and munitions. Contracts.>>   None of the 
funds provided in this Act may be used to transfer to any 
nongovernmental entity ammunition held by the Department of Defense that 
has a center-fire cartridge and a United States military nomenclature 
designation of ``armor penetrator'', ``armor piercing (AP)'', ``armor 
piercing incendiary (API)'', or ``armor-piercing incendiary tracer (API-
T)'', except to an entity performing demilitarization services for the 
Department of Defense under a contract that requires the entity to 
demonstrate

[[Page 136 STAT. 4603]]

to the satisfaction of the Department of Defense that armor piercing 
projectiles are either: (1) rendered incapable of reuse by the 
demilitarization process; or (2) used to manufacture ammunition pursuant 
to a contract with the Department of Defense or the manufacture of 
ammunition for export pursuant to a License for Permanent Export of 
Unclassified Military Articles issued by the Department of State.

    Sec. 8065. <<NOTE: Waiver authority. Time period.>>   
Notwithstanding any other provision of law, the Chief of the National 
Guard Bureau, or their designee, may waive payment of all or part of the 
consideration that otherwise would be required under section 2667 of 
title 10, United States Code, in the case of a lease of personal 
property for a period not in excess of 1 year to any organization 
specified in section 508(d) of title 32, United States Code, or any 
other youth, social, or fraternal nonprofit organization as may be 
approved by the Chief of the National Guard Bureau, or their designee, 
on a case-by-case basis.

                      (including transfer of funds)

    Sec. 8066.  Of the amounts appropriated in this Act under the 
heading ``Operation and Maintenance, Army'', $158,967,374 shall remain 
available until expended:  Provided, That, notwithstanding any other 
provision of law, the Secretary of Defense is authorized to transfer 
such funds to other activities of the Federal Government:  Provided 
further, <<NOTE: Contracts. Real property.>>  That the Secretary of 
Defense is authorized to enter into and carry out contracts for the 
acquisition of real property, construction, personal services, and 
operations related to projects carrying out the purposes of this 
section:  Provided further, <<NOTE: Determination.>>  That contracts 
entered into under the authority of this section may provide for such 
indemnification as the Secretary determines to be necessary:  Provided 
further, <<NOTE: Compliance. Determination.>>  That projects authorized 
by this section shall comply with applicable Federal, State, and local 
law to the maximum extent consistent with the national security, as 
determined by the Secretary of Defense.

    Sec. 8067. (a) None of the funds appropriated in this or any other 
Act may be used to take any action to modify--
            (1) the appropriations account structure for the National 
        Intelligence Program budget, including through the creation of a 
        new appropriation or new appropriation account;
            (2) how the National Intelligence Program budget request is 
        presented in the unclassified P-1, R-1, and O-1 documents 
        supporting the Department of Defense budget request;
            (3) the process by which the National Intelligence Program 
        appropriations are apportioned to the executing agencies; or
            (4) the process by which the National Intelligence Program 
        appropriations are allotted, obligated and disbursed.

    (b) Nothing in subsection (a) shall be construed to prohibit the 
merger of programs or changes to the National Intelligence Program 
budget at or below the Expenditure Center level, provided such change is 
otherwise in accordance with paragraphs (1)-(3) of subsection (a).
    (c) <<NOTE: Study. Proposals.>>  The Director of National 
Intelligence and the Secretary of Defense may jointly, only for the 
purposes of achieving auditable financial statements and improving 
fiscal reporting, study and develop detailed proposals for alternative 
financial management

[[Page 136 STAT. 4604]]

processes. <<NOTE: Risk assessment.>>  Such study shall include a 
comprehensive counterintelligence risk assessment to ensure that none of 
the alternative processes will adversely affect counterintelligence.

    (d) Upon development of the detailed proposals defined under 
subsection (c), the Director of National Intelligence and the Secretary 
of Defense shall--
            (1) provide the proposed alternatives to all affected 
        agencies;
            (2) <<NOTE: Certifications.>>  receive certification from 
        all affected agencies attesting that the proposed alternatives 
        will help achieve auditability, improve fiscal reporting, and 
        will not adversely affect counterintelligence; and
            (3) <<NOTE: Deadline.>>  not later than 30 days after 
        receiving all necessary certifications under paragraph (2), 
        present the proposed alternatives and certifications to the 
        congressional defense and intelligence committees.

                      (including transfer of funds)

    Sec. 8068.  In addition to amounts made available elsewhere in this 
Act, $200,000,000 is hereby appropriated to the Department of Defense 
and made available for transfer to operation and maintenance accounts, 
procurement accounts, and research, development, test and evaluation 
accounts only for those efforts by the United States Africa Command or 
United States Southern Command to expand cooperation or improve the 
capabilities of our allies and partners in their areas of operation:  
Provided, <<NOTE: Time period. Execution plan.>>  That none of the funds 
provided under this section may be obligated or expended until 60 days 
after the Secretary of Defense provides to the congressional defense 
committees an execution plan:  Provided further, <<NOTE: Time 
period. Notifications.>>  That not less than 30 days prior to any 
transfer of funds, the Secretary of Defense shall notify the 
congressional defense committees of the details of any such transfer:  
Provided further, That upon transfer, the funds shall be merged with and 
available for the same purposes, and for the same time period, as the 
appropriation to which transferred:  Provided further, That the transfer 
authority provided under this section is in addition to any other 
transfer authority provided elsewhere in this Act.

                      (including transfer of funds)

    Sec. 8069.  During the current fiscal year, not to exceed 
$11,000,000 from each of the appropriations made in title II of this Act 
for ``Operation and Maintenance, Army'', ``Operation and Maintenance, 
Navy'', and ``Operation and Maintenance, Air Force'' may be transferred 
by the military department concerned to its central fund established for 
Fisher Houses and Suites pursuant to section 2493(d) of title 10, United 
States Code.

                      (including transfer of funds)

    Sec. 8070.  Of the amounts appropriated for ``Operation and 
Maintenance, Navy'', up to $1,000,000 shall be available for transfer to 
the John C. Stennis Center for Public Service Development Trust Fund 
established under section 116 of the John C. Stennis Center for Public 
Service Training and Development Act (2 U.S.C. 1105).

[[Page 136 STAT. 4605]]

    Sec. 8071.  None of the funds available to the Department of Defense 
may be obligated to modify command and control relationships to give 
Fleet Forces Command operational and administrative control of United 
States Navy forces assigned to the Pacific fleet:  
Provided, <<NOTE: Proposal.>>  That the command and control 
relationships which existed on October 1, 2004, shall remain in force 
until a written modification has been proposed to the Committees on 
Appropriations of the House of Representatives and the Senate:  Provided 
further, <<NOTE: Time period. Notification.>>  That the proposed 
modification may be implemented 30 days after the notification unless an 
objection is received from either the House or Senate Appropriations 
Committees:  Provided further, That any proposed modification shall not 
preclude the ability of the commander of United States Indo-Pacific 
Command to meet operational requirements.

    Sec. 8072. <<NOTE: Notice. Effective date. 10 USC 3601 note.>>   Any 
notice that is required to be submitted to the Committees on 
Appropriations of the House of Representatives and the Senate under 
section 3601 of title 10, United States Code, as added by section 804(a) 
of the James M. Inhofe National Defense Authorization Act for Fiscal 
Year 2023, after the date of the enactment of this Act shall be 
submitted pursuant to that requirement concurrently to the Subcommittees 
on Defense of the Committees on Appropriations of the House of 
Representatives and the Senate.

                      (including transfer of funds)

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

[[Page 136 STAT. 4606]]

            (2) Under the heading ``Shipbuilding and Conversion, Navy'', 
        2015/2023: Virginia Class Submarine Program, $46,060,000;
            (3) Under the heading ``Shipbuilding and Conversion, Navy'', 
        2015/2023: DDG-51 Destroyer, $30,231,000;
            (4) Under the heading ``Shipbuilding and Conversion, Navy'', 
        2015/2023: Littoral Combat Ship, $4,250,000;
            (5) Under the heading ``Shipbuilding and Conversion, Navy'', 
        2016/2023: DDG-51 Destroyer, $24,238,000;
            (6) Under the heading ``Shipbuilding and Conversion, Navy'', 
        2016/2023: Virginia Class Submarine Program, $58,642,000;
            (7) Under the heading ``Shipbuilding and Conversion, Navy'', 
        2016/2023: TAO Fleet Oiler, $9,200,000;
            (8) Under the heading ``Shipbuilding and Conversion, Navy'', 
        2016/2023: Littoral Combat Ship, $18,000,000;
            (9) Under the heading ``Shipbuilding and Conversion, Navy'', 
        2016/2023: CVN Refueling Overhauls, $62,000,000;
            (10) Under the heading ``Shipbuilding and Conversion, 
        Navy'', 2016/2023: Towing, Salvage, and Rescue Ship Program, 
        $1,750,000;
            (11) Under the heading ``Shipbuilding and Conversion, 
        Navy'', 2017/2023: DDG-51 Destroyer, $168,178,000;
            (12) Under the heading ``Shipbuilding and Conversion, 
        Navy'', 2017/2023: LPD-17, $17,739,000;
            (13) Under the heading ``Shipbuilding and Conversion, 
        Navy'', 2017/2023: LHA Replacement Program, $19,300,000;
            (14) Under the heading ``Shipbuilding and Conversion, 
        Navy'', 2017/2023: Littoral Combat Ship, $29,030,000;
            (15) Under the heading ``Shipbuilding and Conversion, 
        Navy'', 2018/2023: DDG-51 Destroyer, $5,930,000;
            (16) Under the heading ``Shipbuilding and Conversion, 
        Navy'', 2018/2023: Littoral Combat Ship, $9,538,000;
            (17) Under the heading ``Shipbuilding and Conversion, 
        Navy'', 2018/2023: TAO Fleet Oiler, $12,500,000;
            (18) Under the heading ``Shipbuilding and Conversion, 
        Navy'', 2018/2023: Towing, Salvage, and Rescue Ship Program, 
        $2,800,000;
            (19) Under the heading ``Shipbuilding and Conversion, 
        Navy'', 2019/2023: Littoral Combat Ship, $6,983,000;
            (20) Under the heading ``Shipbuilding and Conversion, 
        Navy'', 2019/2023: TAO Fleet Oiler, $106,400,000;
            (21) Under the heading ``Shipbuilding and Conversion, 
        Navy'', 2019/2023: Towing, Salvage, and Rescue Ship Program, 
        $2,450,000;
            (22) Under the heading ``Shipbuilding and Conversion, 
        Navy'', 2021/2023: Virginia Class Submarine Program, 
        $200,000,000; and
            (23) Under the heading ``Shipbuilding and Conversion, 
        Navy'', 2021/2023: Towing, Salvage, and Rescue Ship Program, 
        $15,727,000.

    Sec. 8075.  Funds appropriated by this Act, or made available by the 
transfer of funds in this Act, for intelligence activities and 
intelligence-related activities not otherwise authorized in the 
Intelligence Authorization Act for Fiscal Year 2023 are deemed to be 
specifically authorized by the Congress for purposes of section 504 of 
the National Security Act of 1947 (50 U.S.C. 3094).

[[Page 136 STAT. 4607]]

    Sec. 8076. <<NOTE: Notifications.>>   None of the funds provided in 
this Act shall be available for obligation or expenditure through a 
reprogramming of funds that creates or initiates a new program, project, 
or activity unless such program, project, or activity must be undertaken 
immediately in the interest of national security and only after written 
prior notification to the congressional defense committees.

    Sec. 8077.  In addition to amounts provided elsewhere in this Act, 
$5,000,000 is hereby appropriated to the Department of Defense, to 
remain available for obligation until expended:  Provided, 
That <<NOTE: Determination. Grants. Fisher House Foundation, Inc.>>  
notwithstanding any other provision of law, that upon the determination 
of the Secretary of Defense that it shall serve the national interest, 
these funds shall be available only for a grant to the Fisher House 
Foundation, Inc., only for the construction and furnishing of additional 
Fisher Houses to meet the needs of military family members when 
confronted with the illness or hospitalization of an eligible military 
beneficiary.

    Sec. 8078. <<NOTE: Nuclear armed interceptors.>>   None of the funds 
in this Act may be used for research, development, test, evaluation, 
procurement or deployment of nuclear armed interceptors of a missile 
defense system.

    Sec. 8079.  None of the funds made available by this Act may be 
obligated or expended for the purpose of decommissioning the USS Fort 
Worth, the USS Wichita, the USS Billings, the USS Indianapolis, or the 
USS St. Louis.
    Sec. 8080. <<NOTE: 53rd Weather Reconnaissance Squadron.>>   None of 
the funds appropriated or made available in this Act shall be used to 
reduce or disestablish the operation of the 53rd Weather Reconnaissance 
Squadron of the Air Force Reserve, if such action would reduce the WC-
130 Weather Reconnaissance mission below the levels funded in this Act:  
Provided, That the Air Force shall allow the 53rd Weather Reconnaissance 
Squadron to perform other missions in support of national defense 
requirements during the non-hurricane season.

    Sec. 8081. <<NOTE: Foreign intelligence.>>   None of the funds 
provided in this Act shall be available for integration of foreign 
intelligence information unless the information has been lawfully 
collected and processed during the conduct of authorized foreign 
intelligence activities:  Provided, That information pertaining to 
United States persons shall only be handled in accordance with 
protections provided in the Fourth Amendment of the United States 
Constitution as implemented through Executive Order No. 12333.

    Sec. 8082. <<NOTE: Tactical unmanned aerial vehicles.>>  (a) None of 
the funds appropriated by this Act may be used to transfer research and 
development, acquisition, or other program authority relating to current 
tactical unmanned aerial vehicles (TUAVs) from the Army.

    (b) The Army shall retain responsibility for and operational control 
of the MQ-1C Gray Eagle Unmanned Aerial Vehicle (UAV) in order to 
support the Secretary of Defense in matters relating to the employment 
of unmanned aerial vehicles.
    Sec. 8083. <<NOTE: Research and development. Science and 
technology. Real property.>>   None of the funds appropriated by this 
Act for programs of the Office of the Director of National Intelligence 
shall remain available for obligation beyond the current fiscal year, 
except for funds appropriated for research and technology, which shall 
remain available until September 30, 2024, and except for funds 
appropriated for the purchase of real property, which shall remain 
available until September 30, 2025.

    Sec. 8084. <<NOTE: Applicability.>>   For purposes of section 
1553(b) of title 31, United States Code, any subdivision of 
appropriations made in this Act under the heading ``Shipbuilding and 
Conversion, Navy'' shall be

[[Page 136 STAT. 4608]]

considered to be for the same purpose as any subdivision under the 
heading ``Shipbuilding and Conversion, Navy'' appropriations in any 
prior fiscal year, and the 1 percent limitation shall apply to the total 
amount of the appropriation.

    Sec. 8085. (a) <<NOTE: Reports.>>  Not later than 60 days after the 
date of enactment of this Act, the Director of National Intelligence 
shall submit a report to the congressional intelligence committees to 
establish the baseline for application of reprogramming and transfer 
authorities for fiscal year 2023:  Provided, That the report shall 
include--
            (1) a table for each appropriation with a separate column to 
        display the President's budget request, adjustments made by 
        Congress, adjustments due to enacted rescissions, if 
        appropriate, and the fiscal year enacted level;
            (2) a delineation in the table for each appropriation by 
        Expenditure Center and project; and
            (3) an identification of items of special congressional 
        interest.

    (b) <<NOTE: Certification.>>  None of the funds provided for the 
National Intelligence Program in this Act shall be available for 
reprogramming or transfer until the report identified in subsection (a) 
is submitted to the congressional intelligence committees, unless the 
Director of National Intelligence certifies in writing to the 
congressional intelligence committees that such reprogramming or 
transfer is necessary as an emergency requirement.

    Sec. 8086.  Any transfer of amounts appropriated to the Department 
of Defense Acquisition Workforce Development Account in or for fiscal 
year 2023 to a military department or Defense Agency pursuant to section 
1705(e)(1) of title 10, United States Code, shall be covered by and 
subject to section 8005 of this Act.
    Sec. 8087. <<NOTE: Notifications. Time periods.>>  (a) None of the 
funds provided for the National Intelligence Program in this or any 
prior appropriations Act shall be available for obligation or 
expenditure through a reprogramming or transfer of funds in accordance 
with section 102A(d) of the National Security Act of 1947 (50 U.S.C. 
3024(d)) that--
            (1) creates a new start effort;
            (2) terminates a program with appropriated funding of 
        $10,000,000 or more;
            (3) transfers funding into or out of the National 
        Intelligence Program; or
            (4) transfers funding between appropriations, unless the 
        congressional intelligence committees are notified 30 days in 
        advance of such reprogramming of funds; this notification period 
        may be reduced for urgent national security requirements.

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

[[Page 136 STAT. 4609]]

the Congress in this or any other Act, upon the determination by the 
head of the agency that it shall serve the national interest.

    (b) Subsection (a) shall not apply to a report if--
            (1) the public posting of the report compromises national 
        security; or
            (2) the report contains proprietary information.

    (c) <<NOTE: Time period.>>  The head of the agency posting such 
report shall do so only after such report has been made available to the 
requesting Committee or Committees of Congress for no less than 45 days.

    Sec. 8089. <<NOTE: Contracts.>>  (a) None of the funds appropriated 
or otherwise made available by this Act may be expended for any Federal 
contract for an amount in excess of $1,000,000, unless the contractor 
agrees not to--
            (1) enter into any agreement with any of its employees or 
        independent contractors that requires, as a condition of 
        employment, that the employee or independent contractor agree to 
        resolve through arbitration any claim under title VII of the 
        Civil Rights Act of 1964 or any tort related to or arising out 
        of sexual assault or harassment, including assault and battery, 
        intentional infliction of emotional distress, false 
        imprisonment, or negligent hiring, supervision, or retention; or
            (2) take any action to enforce any provision of an existing 
        agreement with an employee or independent contractor that 
        mandates that the employee or independent contractor resolve 
        through arbitration any claim under title VII of the Civil 
        Rights Act of 1964 or any tort related to or arising out of 
        sexual assault or harassment, including assault and battery, 
        intentional infliction of emotional distress, false 
        imprisonment, or negligent hiring, supervision, or retention.

    (b) <<NOTE: Certification.>>  None of the funds appropriated or 
otherwise made available by this Act may be expended for any Federal 
contract unless the contractor certifies that it requires each covered 
subcontractor to agree not to enter into, and not to take any action to 
enforce any provision of, any agreement as described in paragraphs (1) 
and (2) of subsection (a), with respect to any employee or independent 
contractor performing work related to such subcontract. For purposes of 
this subsection, a ``covered subcontractor'' is an entity that has a 
subcontract in excess of $1,000,000 on a contract subject to subsection 
(a).

    (c) The prohibitions in this section do not apply with respect to a 
contractor's or subcontractor's agreements with employees or independent 
contractors that may not be enforced in a court of the United States.
    (d) <<NOTE: Waiver authority. Determination.>>  The Secretary of 
Defense may waive the application of subsection (a) or (b) to a 
particular contractor or subcontractor for the purposes of a particular 
contract or subcontract if the Secretary or the Deputy Secretary 
personally determines that the waiver is necessary to avoid harm to 
national security interests of the United States, and that the term of 
the contract or subcontract is not longer than necessary to avoid such 
harm. The determination shall set forth with specificity the grounds for 
the waiver and for the contract or subcontract term selected, and shall 
state any alternatives considered in lieu of a waiver and the reasons 
each such alternative would not avoid harm to national security 
interests of the United States. <<NOTE: Public information. Time 
period.>>  The Secretary of Defense shall transmit to Congress, and 
simultaneously make public, any determination under this subsection not 
less than 15 business days

[[Page 136 STAT. 4610]]

before the contract or subcontract addressed in the determination may be 
awarded.

                      (including transfer of funds)

    Sec. 8090.  From within the funds appropriated for operation and 
maintenance for the Defense Health Program in this Act, up to 
$168,000,000, shall be available for transfer to the Joint Department of 
Defense-Department of Veterans Affairs Medical Facility Demonstration 
Fund in accordance with the provisions of section 1704 of the National 
Defense Authorization Act for Fiscal Year 2010, Public Law 111-84:  
Provided, That for purposes of section 1704(b), the facility operations 
funded are operations of the integrated Captain James A. Lovell Federal 
Health Care Center, consisting of the North Chicago Veterans Affairs 
Medical Center, the Navy Ambulatory Care Center, and supporting 
facilities designated as a combined Federal medical facility as 
described by section 706 of Public Law 110-417:  Provided 
further, <<NOTE: Notifications.>>  That additional funds may be 
transferred from funds appropriated for operation and maintenance for 
the Defense Health Program to the Joint Department of Defense-Department 
of Veterans Affairs Medical Facility Demonstration Fund upon written 
notification by the Secretary of Defense to the Committees on 
Appropriations of the House of Representatives and the Senate.

    Sec. 8091.  None of the funds appropriated or otherwise made 
available by this Act may be used by the Department of Defense or a 
component thereof in contravention of the provisions of section 130h of 
title 10, United States Code.
    Sec. 8092.  Appropriations available to the Department of Defense 
may be used for the purchase of heavy and light armored vehicles for the 
physical security of personnel or for force protection purposes up to a 
limit of $450,000 per vehicle, notwithstanding price or other 
limitations applicable to the purchase of passenger carrying vehicles.

                      (including transfer of funds)

    Sec. 8093. <<NOTE: Determination.>>   Upon a determination by the 
Director of National Intelligence that such action is necessary and in 
the national interest, the Director may, with the approval of the Office 
of Management and Budget, transfer not to exceed $1,500,000,000 of the 
funds made available in this Act for the National Intelligence Program:  
Provided, That such authority to transfer may not be used unless for 
higher priority items, based on unforeseen intelligence requirements, 
than those for which originally appropriated and in no case where the 
item for which funds are requested has been denied by the Congress:  
Provided further, <<NOTE: Reprogramming requests. Deadline.>>  That a 
request for multiple reprogrammings of funds using authority provided in 
this section shall be made prior to June 30, 2023.

    Sec. 8094.  Of the amounts appropriated in this Act for 
``Shipbuilding and Conversion, Navy'', $133,000,000, to remain available 
for obligation until September 30, 2027, may be used for the purchase of 
two used sealift vessels for the National Defense Reserve Fleet, 
established under section 11 of the Merchant Ship Sales Act of 1946 (46 
U.S.C. 57100):  Provided, <<NOTE: Reimbursement.>>  That such amounts 
are available for reimbursements to the Ready Reserve Force, Maritime 
Administration account of the United States Department of Transportation 
for programs, projects, activities, and expenses

[[Page 136 STAT. 4611]]

related to the National Defense Reserve Fleet:  Provided further, That 
notwithstanding section 2218 of title 10, United States Code, none of 
these funds shall be transferred to the National Defense Sealift Fund 
for execution.

    Sec. 8095. <<NOTE: Grants. Public information. Web posting.>>   The 
Secretary of Defense shall post grant awards on a public website in a 
searchable format.

    Sec. 8096. <<NOTE: Surveillance.>>   None of the funds made 
available by this Act may be used by the National Security Agency to--
            (1) conduct an acquisition pursuant to section 702 of the 
        Foreign Intelligence Surveillance Act of 1978 for the purpose of 
        targeting a United States person; or
            (2) acquire, monitor, or store the contents (as such term is 
        defined in section 2510(8) of title 18, United States Code) of 
        any electronic communication of a United States person from a 
        provider of electronic communication services to the public 
        pursuant to section 501 of the Foreign Intelligence Surveillance 
        Act of 1978.

    Sec. 8097. <<NOTE: Salaries.>>   None of the funds made available in 
this or any other Act may be used to pay the salary of any officer or 
employee of any agency funded by this Act who approves or implements the 
transfer of administrative responsibilities or budgetary resources of 
any program, project, or activity financed by this Act to the 
jurisdiction of another Federal agency not financed by this Act without 
the express authorization of Congress:  Provided, That this limitation 
shall not apply to transfers of funds expressly provided for in Defense 
Appropriations Acts, or provisions of Acts providing supplemental 
appropriations for the Department of Defense.

    Sec. 8098.  Of the amounts appropriated in this Act for ``Operation 
and Maintenance, Navy'', $589,325,000, to remain available until 
expended, may be used for any purposes related to the National Defense 
Reserve Fleet established under section 11 of the Merchant Ship Sales 
Act of 1946 (46 U.S.C. 57100):  Provided, 
That <<NOTE: Reimbursements.>>  such amounts are available for 
reimbursements to the Ready Reserve Force, Maritime Administration 
account of the United States Department of Transportation for programs, 
projects, activities, and expenses related to the National Defense 
Reserve Fleet.

    Sec. 8099. <<NOTE: Gaming. Adult entertainment.>>   None of the 
funds made available by this Act may be used for Government Travel 
Charge Card expenses by military or civilian personnel of the Department 
of Defense for gaming, or for entertainment that includes topless or 
nude entertainers or participants, as prohibited by Department of 
Defense FMR, Volume 9, Chapter 3 and Department of Defense Instruction 
1015.10 (enclosure 3, 14a and 14b).

    Sec. 8100. <<NOTE: Contracts.>>  (a) None of the funds provided in 
this Act for the TAO Fleet Oiler program shall be used to award a new 
contract that provides for the acquisition of the following components 
unless those components are manufactured in the United States: Auxiliary 
equipment (including pumps) for shipboard services; propulsion equipment 
(including engines, reduction gears, and propellers); shipboard cranes; 
spreaders for shipboard cranes; and anchor chains, specifically for the 
seventh and subsequent ships of the fleet.

    (b) None of the funds provided in this Act for the FFG(X) Frigate 
program shall be used to award a new contract that provides for the 
acquisition of the following components unless those components are 
manufactured in the United States: Air circuit breakers;

[[Page 136 STAT. 4612]]

gyrocompasses; electronic navigation chart systems; steering controls; 
pumps; propulsion and machinery control systems; totally enclosed 
lifeboats; auxiliary equipment pumps; shipboard cranes; auxiliary chill 
water systems; and propulsion propellers:  Provided, 
That <<NOTE: Deadline.>>  the Secretary of the Navy shall incorporate 
United States manufactured propulsion engines and propulsion reduction 
gears into the FFG(X) Frigate program beginning not later than with the 
eleventh ship of the program.

    Sec. 8101. <<NOTE: Contracts.>>   None of the funds provided in this 
Act for requirements development, performance specification development, 
concept design and development, ship configuration development, systems 
engineering, naval architecture, marine engineering, operations research 
analysis, industry studies, preliminary design, development of the 
Detailed Design and Construction Request for Proposals solicitation 
package, or related activities for the T-ARC(X) Cable Laying and Repair 
Ship or the T-AGOS(X) Oceanographic Surveillance Ship may be used to 
award a new contract for such activities unless these contracts include 
specifications that all auxiliary equipment, including pumps and 
propulsion shafts, are manufactured in the United States.

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

    Sec. 8103.  From funds made available in title II of this Act, the 
Secretary of Defense may purchase for use by military and civilian 
employees of the Department of Defense in the United States Central 
Command area of responsibility: (1) passenger motor vehicles up to a 
limit of $75,000 per vehicle; and (2) heavy and light armored vehicles 
for the physical security of personnel or for force protection purposes 
up to a limit of $450,000 per vehicle, notwithstanding price or other 
limitations applicable to the purchase of passenger carrying vehicles.
    Sec. 8104. (a) <<NOTE: Pornography.>>  None of the funds made 
available in this Act may be used to maintain or establish a computer 
network unless such network is designed to block access to pornography 
websites.
    (b) Nothing in subsection (a) shall limit the use of funds necessary 
for any Federal, State, tribal, or local law enforcement agency or any 
other entity carrying out criminal investigations, prosecution, or 
adjudication activities, or for any activity necessary for the national 
defense, including intelligence activities.

    Sec. 8105. <<NOTE: Determination.>>   None of the funds provided 
for, or otherwise made available, in this or any other Act, may be 
obligated or expended by the Secretary of Defense to provide motorized 
vehicles, aviation platforms, munitions other than small arms and 
munitions appropriate for customary ceremonial honors, operational 
military units, or operational military platforms if the Secretary 
determines that providing such units, platforms, or equipment would 
undermine the readiness of such units, platforms, or equipment.

[[Page 136 STAT. 4613]]

    Sec. 8106. 
(a) <<NOTE: Contracts. Memorandums. Grants. Loans. Corporations. Taxes.>> 
 None of the funds made available by this or any other Act may be used 
to enter into a contract, memorandum of understanding, or cooperative 
agreement with, make a grant to, or provide a loan or loan guarantee to 
any corporation that has any unpaid Federal tax liability that has been 
assessed, for which all judicial and administrative remedies have been 
exhausted or have lapsed, and that is not being paid in a timely manner 
pursuant to an agreement with the authority responsible for collecting 
such tax liability, provided that the applicable Federal agency is aware 
of the unpaid Federal tax liability.

    (b) <<NOTE: Determination.>>  Subsection (a) shall not apply if the 
applicable Federal agency has considered suspension or debarment of the 
corporation described in such subsection and has made a determination 
that such suspension or debarment is not necessary to protect the 
interests of the Federal Government.

    Sec. 8107. (a) Amounts appropriated under title IV of this Act, as 
detailed in budget activity eight of the ``Explanation of Project Level 
Adjustments'' tables in the explanatory statement regarding this Act, 
may be used for expenses for the agile research, development, test and 
evaluation, procurement, production, modification, and operation and 
maintenance, only for the following Software and Digital Technology 
Pilot programs--
            (1) Defensive CYBER (PE 0608041A);
            (2) Risk Management Information (PE 0608013N);
            (3) Maritime Tactical Command and Control (PE 0608231N);
            (4) Space Command & Control (PE 1208248SF);
            (5) National Background Investigation Services (PE 
        0608197V);
            (6) Global Command and Control System (PE 0303150K); and
            (7) Acquisition Visibility (PE 0608648D8Z).

    (b) None of the funds appropriated by this or prior Department of 
Defense Appropriations Acts may be obligated or expended to initiate 
additional Software and Digital Technology Pilot Programs in fiscal year 
2023.
    Sec. 8108.  In addition to amounts provided elsewhere in this Act, 
there is appropriated $686,500,000, for an additional amount for 
``Operation and Maintenance, Defense-Wide'', to remain available until 
expended:  Provided, <<NOTE: Grants. Contracts.>>  That such funds shall 
only be available to the Secretary of Defense, acting through the Office 
of Local Defense Community Cooperation of the Department of Defense, or 
for transfer to the Secretary of Education, notwithstanding any other 
provision of law, to make grants, conclude cooperative agreements, or 
supplement other Federal funds to construct, renovate, repair, or expand 
elementary and secondary public schools on military installations in 
order to address capacity or facility condition deficiencies at such 
schools:  Provided further, <<NOTE: Determination.>>  That in making 
such funds available, the Office of Local Defense Community Cooperation 
or the Secretary of Education shall give priority consideration to those 
military installations with schools having the most serious capacity or 
facility condition deficiencies as determined by the Secretary of 
Defense:  Provided further, That as a condition of receiving funds under 
this section a local educational agency or State shall provide a 
matching share as described in the notice titled ``Department of Defense 
Program for Construction, Renovation, Repair or

[[Page 136 STAT. 4614]]

Expansion of Public Schools Located on Military Installations'' 
published by the Department of Defense in the Federal Register on 
September 9, 2011 (76 Fed. Reg. 55883 et seq.):  Provided further, 
That <<NOTE: Applicability.>>  these provisions apply to funds provided 
under this section, and to funds previously provided by Congress to 
construct, renovate, repair, or expand elementary and secondary public 
schools on military installations in order to address capacity or 
facility condition deficiencies at such schools to the extent such funds 
remain unobligated on the date of enactment of this section.

    Sec. 8109.  None of the funds made available in this Act may be used 
in contravention of the following laws enacted or regulations 
promulgated to implement the United Nations Convention Against Torture 
and Other Cruel, Inhuman or Degrading Treatment or Punishment (done at 
New York on December 10, 1984):
            (1) Section 2340A of title 18, United States Code.
            (2) Section 2242 of the Foreign Affairs Reform and 
        Restructuring Act of 1998 (division G of Public Law 105-277; 112 
        Stat. 2681-822; 8 U.S.C. 1231 note) and regulations prescribed 
        thereto, including regulations under part 208 of title 8, Code 
        of Federal Regulations, and part 95 of title 22, Code of Federal 
        Regulations.
            (3) Sections 1002 and 1003 of the Department of Defense, 
        Emergency Supplemental Appropriations to Address Hurricanes in 
        the Gulf of Mexico, and Pandemic Influenza Act, 2006 (Public Law 
        109-148).

    Sec. 8110.  Of the amounts appropriated in this Act under the 
heading ``Operation and Maintenance, Defense-Wide'', for the Defense 
Security Cooperation Agency, $300,000,000, to remain available until 
September 30, 2024, shall be for the Ukraine Security Assistance 
Initiative:  Provided, That such funds shall be available to the 
Secretary of Defense, with the concurrence of the Secretary of State, to 
provide assistance, including training; equipment; lethal assistance; 
logistics support, supplies and services; salaries and stipends; 
sustainment; and intelligence support to the military and national 
security forces of Ukraine, and to other forces or groups recognized by 
and under the authority of the Government of Ukraine, including 
governmental entities within Ukraine, engaged in resisting Russian 
aggression against Ukraine, for replacement of any weapons or articles 
provided to the Government of Ukraine from the inventory of the United 
States, and to recover or dispose of equipment procured using funds made 
available in this section in this or prior Acts:  Provided 
further, <<NOTE: Time period. Notifications.>>  That the Secretary of 
Defense shall, not less than 15 days prior to obligating funds made 
available in this section, notify the congressional defense committees 
in writing of the details of any such obligation:  Provided 
further, <<NOTE: Deadline.>>  That the Secretary of Defense shall, not 
more than 60 days after such notification is made, inform such 
committees if such funds have not been obligated and the reasons 
therefor:  Provided further, <<NOTE: Consultation.>>  That the Secretary 
of Defense shall consult with such committees in advance of the 
provision of support provided to other forces or groups recognized by 
and under the authority of the Government of Ukraine:  Provided further, 
That the United States may accept equipment procured using funds made 
available in this section in this or prior Acts transferred to the 
security forces of Ukraine and returned by such forces to the United 
States:  Provided further, <<NOTE: Notifications.>>  That equipment 
procured using funds made available in this section in this or prior 
Acts, and not yet transferred

[[Page 136 STAT. 4615]]

to the military or national security forces of Ukraine or to other 
assisted entities, or returned by such forces or other assisted entities 
to the United States, may be treated as stocks of the Department of 
Defense upon written notification to the congressional defense 
committees:  Provided further, <<NOTE: Reports.>>  That the Secretary of 
Defense shall provide quarterly reports to the congressional defense 
committees on the use and status of funds made available in this 
section.

    Sec. 8111.  During the current fiscal year, the Department of 
Defense is authorized to incur obligations of not to exceed $350,000,000 
for purposes specified in section 2350j(c) of title 10, United States 
Code, in anticipation of receipt of contributions, only from the 
Government of Kuwait, under that section:  Provided, That, such 
contributions shall, upon receipt, be credited to the appropriations or 
fund which incurred such obligations.
    Sec. 8112.  Of the amounts appropriated in this Act under the 
heading ``Operation and Maintenance, Defense-Wide'', for the Defense 
Security Cooperation Agency, $1,510,260,000, to remain available until 
September 30, 2024, shall be available for International Security 
Cooperation Programs and other programs to provide support and 
assistance to foreign security forces or other groups or individuals to 
conduct, support or facilitate counterterrorism, crisis response, or 
building partner capacity programs:  Provided, <<NOTE: Time 
period. Notifications.>>  That the Secretary of Defense shall, not less 
than 15 days prior to obligating funds made available in this section, 
notify the congressional defense committees in writing of the details of 
any planned obligation:  Provided further, That <<NOTE: Reports.>>  the 
Secretary of Defense shall provide quarterly reports to the Committees 
on Appropriations of the House of Representatives and the Senate on the 
use and status of funds made available in this section.

    Sec. 8113.  Of the amounts appropriated in this Act under the 
heading ``Operation and Maintenance, Defense-Wide'', for the Defense 
Security Cooperation Agency, $410,000,000, to remain available until 
September 30, 2024, shall be available to reimburse Jordan, Lebanon, 
Egypt, Tunisia, and Oman under section 1226 of the National Defense 
Authorization Act for Fiscal Year 2016 (22 U.S.C. 2151 note), for 
enhanced border security, of which not less than $150,000,000 shall be 
for Jordan:  Provided, <<NOTE: Time period. Notifications.>>  That the 
Secretary of Defense shall, not less than 15 days prior to obligating 
funds made available in this section, notify the congressional defense 
committees in writing of the details of any planned obligation and the 
nature of the expenses incurred:  Provided further, 
That <<NOTE: Reports.>>  the Secretary of Defense shall provide 
quarterly reports to the Committees on Appropriations of the House of 
Representatives and the Senate on the use and status of funds made 
available in this section.

    Sec. 8114.  None of the funds made available by this Act may be used 
in contravention of the War Powers Resolution (50 U.S.C. 1541 et seq.).
    Sec. 8115. <<NOTE: Child soldiers.>>   None of the funds made 
available by this Act for excess defense articles, assistance under 
section 333 of title 10, United States Code, or peacekeeping operations 
for the countries designated annually to be in violation of the 
standards of the Child Soldiers Prevention Act of 2008 (Public Law 110-
457; 22 U.S.C. 2370c-1) may be used to support any military training or 
operation that includes child soldiers, as defined by the Child Soldiers 
Prevention Act of 2008, unless such assistance is otherwise

[[Page 136 STAT. 4616]]

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

    Sec. 8116. <<NOTE: Taliban.>>   None of the funds made available by 
this Act may be made available for any member of the Taliban.

    Sec. 8117.  Notwithstanding any other provision of law, any transfer 
of funds, appropriated or otherwise made available by this Act, for 
support to friendly foreign countries in connection with the conduct of 
operations in which the United States is not participating, pursuant to 
section 331(d) of title 10, United States Code, shall be made in 
accordance with section 8005 of this Act.
    Sec. 
8118. <<NOTE: Contracts. Memorandums. Grants. Loans. Rosoboronexport.>>  
(a) None of the funds appropriated or otherwise made available by this 
or any other Act may be used by the Secretary of Defense, or any other 
official or officer of the Department of Defense, to enter into a 
contract, memorandum of understanding, or cooperative agreement with, or 
make a grant to, or provide a loan or loan guarantee to Rosoboronexport 
or any subsidiary of Rosoboronexport.

    (b) <<NOTE: Waiver 
authority. Determination. Certification. Russia.>>  The Secretary of 
Defense may waive the limitation in subsection (a) if the Secretary, in 
consultation with the Secretary of State and the Director of National 
Intelligence, determines that it is in the vital national security 
interest of the United States to do so, and certifies in writing to the 
congressional defense committees that--
            (1) <<NOTE: Syria.>>  Rosoboronexport has ceased the 
        transfer of lethal military equipment to, and the maintenance of 
        existing lethal military equipment for, the Government of the 
        Syrian Arab Republic;
            (2) the armed forces of the Russian Federation have 
        withdrawn from Ukraine; and
            (3) agents of the Russian Federation have ceased taking 
        active measures to destabilize the control of the Government of 
        Ukraine over eastern Ukraine.

    (c) <<NOTE: Review. Reports.>>  The Inspector General of the 
Department of Defense shall conduct a review of any action involving 
Rosoboronexport with respect to a waiver issued by the Secretary of 
Defense pursuant to subsection (b), and not later than 90 days after the 
date on which such a waiver is issued by the Secretary of Defense, the 
Inspector General shall submit to the congressional defense committees a 
report containing the results of the review conducted with respect to 
such waiver.

                      (including transfer of funds)

    Sec. 8119.  In addition to the amounts appropriated or otherwise 
made available elsewhere in this Act, $1,000,000,000, to remain 
available until September 30, 2024, is hereby appropriated to the 
Department of Defense and made available for transfer only to other 
appropriations available to the Department of Defense in Department of 
Defense Appropriations Acts:  Provided, That such funds shall be 
available to the Secretary of Defense for the purpose of conducting 
activities relating to improvements of infrastructure and defueling at 
the Red Hill Bulk Fuel Storage Facility:  Provided further, That amounts 
transferred pursuant to this appropriation shall be merged with, and be 
available for the same purposes and time period as the appropriations to 
which transferred:  Provided further, <<NOTE: Determination.>>  That 
upon a determination that all or part of the funds transferred from this 
appropriation are not necessary for

[[Page 136 STAT. 4617]]

the purposes provided in this section, such amounts may be transferred 
back to this section:  Provided further, That the transfer authority 
provided pursuant to this section is in addition to any other transfer 
authority provided by law:  Provided further, <<NOTE: Time 
period. Notifications.>>  That not less than 30 days prior to any 
transfer of funds pursuant to this section, the Secretary of Defense 
shall notify the congressional defense committees of the details of any 
such transfer:  Provided further, <<NOTE: Time period. Reports.>>  That 
not later than 60 days after the enactment of this Act and every 30 days 
thereafter through fiscal year 2024, the Secretary of Defense shall 
submit a report to the Committees on Appropriations of the House of 
Representatives and Senate, setting forth all categories and amounts of 
obligations and expenditures made under the authority provided in this 
section.

    Sec. 8120. <<NOTE: Vietnam.>>  (a) Notwithstanding section 2215 of 
title 10, United States Code, the Secretary of Defense may transfer to 
the Secretary of State, for use by the United States Agency for 
International Development, amounts to be used for the Bien Hoa dioxin 
cleanup in Vietnam.

    (b) Not more than $15,000,000 may be transferred in each of fiscal 
years 2024 through 2030 under the transfer authority in subsection (a).
    (c) The transfer authority in subsection (a) is in addition to any 
other transfer authority available to the Department of Defense.
    (d) <<NOTE: Determination. Notifications. Deadline.>>  If the 
Secretary of Defense determines to use the transfer authority in 
subsection (a), the Secretary shall notify the congressional defense 
committees of that determination not later than 30 days before the 
Secretary uses the transfer authority.

                      (including transfer of funds)

    Sec. 8121.  In addition to amounts appropriated in title III, title 
IV, or otherwise made available elsewhere in this Act, $1,052,501,000 is 
hereby appropriated to the Department of Defense and made available for 
transfer to the procurement and research, development, test and 
evaluation accounts of the Army, Navy, Marine Corps, Air Force, and 
Space Force to reflect revised economic assumptions:  Provided, That the 
transfer authority provided under this section is in addition to any 
other transfer authority provided elsewhere in this Act:  Provided 
further, <<NOTE: Time period. Execution plan.>>  That none of the funds 
provided under this section may be obligated or expended until 30 days 
after the Secretary of Defense provides the Committees on Appropriations 
of the House of Representatives and the Senate a detailed execution plan 
for such funds.

    Sec. 8122.  Notwithstanding any other provision of this Act, to 
reflect savings due to favorable foreign exchange rates, the total 
amount appropriated in this Act is hereby reduced by $956,400,000.
    Sec. 8123.  Equipment procured using funds provided in prior Acts 
under the heading ``Counterterrorism Partnerships Fund'' for the program 
authorized by section 1209 of the Carl Levin and Howard P. ``Buck'' 
McKeon National Defense Authorization Act for Fiscal Year 2015 (Public 
Law 113-291), or under the heading ``Iraq Train and Equip Fund'' for the 
program authorized by section 1236 of such Act, and not yet transferred 
to authorized recipients may be transferred to foreign security forces, 
irregular forces, groups, or individuals, authorized to receive 
assistance using amounts provided under the heading ``Counter-ISIS Train 
and Equip Fund'' in this Act:  Provided, <<NOTE: Time 
period. Notifications.>>  That such equipment may

[[Page 136 STAT. 4618]]

be transferred 15 days following written notification to the 
congressional defense committees.

    Sec. 8124.  Of the amounts appropriated in this Act under the 
heading ``Operation and Maintenance, Defense-Wide'', for the Defense 
Security Cooperation Agency, $25,000,000, to remain available until 
September 30, 2024, shall be for payments to reimburse key cooperating 
nations for logistical, military, and other support, including access, 
provided to United States military and stability operations to counter 
the Islamic State of Iraq and Syria:  Provided, 
That <<NOTE: Determination. Time period. Notifications.>>  such 
reimbursement payments may be made in such amounts as the Secretary of 
Defense, with the concurrence of the Secretary of State, and in 
consultation with the Director of the Office of Management and Budget, 
may determine, based on documentation determined by the Secretary of 
Defense to adequately account for the support provided, and such 
determination is final and conclusive upon the accounting officers of 
the United States, and 15 days following written notification to the 
appropriate congressional committees:  Provided 
further, <<NOTE: Contracts. Time period. Notifications.>>  That these 
funds may be used for the purpose of providing specialized training and 
procuring supplies and specialized equipment and providing such supplies 
and loaning such equipment on a non-reimbursable basis to coalition 
forces supporting United States military and stability operations to 
counter the Islamic State of Iraq and Syria, and 15 days following 
written notification to the appropriate congressional committees:  
Provided further, <<NOTE: Reports.>>  That the Secretary of Defense 
shall provide quarterly reports to the Committees on Appropriations of 
the House of Representatives and the Senate on the use and status of 
funds made available in this section.

    Sec. 8125. <<NOTE: Applicability.>>   In carrying out the program 
described in the memorandum on the subject of ``Policy for Assisted 
Reproductive Services for the Benefit of Seriously or Severely Ill/
Injured (Category II or III) Active Duty Service Members'' issued by the 
Assistant Secretary of Defense for Health Affairs on April 3, 2012, and 
the guidance issued to implement such memorandum, the Secretary of 
Defense shall apply such policy and guidance, except that--
            (1) <<NOTE: Embryos.>>  the limitation on periods regarding 
        embryo cryopreservation and storage set forth in part III(G) and 
        in part IV(H) of such memorandum shall not apply; and
            (2) <<NOTE: Definition.>>  the term ``assisted reproductive 
        technology'' shall include embryo cryopreservation and storage 
        without limitation on the duration of such cryopreservation and 
        storage.

    Sec. 8126.  None of the funds appropriated or otherwise made 
available by this Act may be used to transfer the National 
Reconnaissance Office to the Space Force:  Provided, That nothing in 
this Act shall be construed to limit or prohibit cooperation, 
collaboration, and coordination between the National Reconnaissance 
Office and the Space Force or any other elements of the Department of 
Defense.
    Sec. 8127.  Funds awarded pursuant to the authority in section 8085 
of the Department of Defense Appropriations Act, 2010 (Public Law 111-
118) to the Edward M. Kennedy Institute for the Senate may be used for 
facility operations and maintenance, and program activities, without 
regard to any previous endowment disbursement limitations.
    Sec. 8128. <<NOTE: Notifications. Deadline.>>   The Secretary of 
Defense shall notify the congressional defense committees in writing not 
more than 30 days after

[[Page 136 STAT. 4619]]

the receipt of any contribution of funds received from the government of 
a foreign country for any purpose relating to the stationing or 
operations of the United States Armed Forces:  Provided, That such 
notification shall include the amount of the contribution; the purpose 
for which such contribution was made; and the authority under which such 
contribution was accepted by the Secretary of Defense:  Provided 
further, <<NOTE: Time period.>>  That not fewer than 15 days prior to 
obligating such funds, the Secretary of Defense shall submit to the 
congressional defense committees in writing a notification of the 
planned use of such contributions, including whether such contributions 
would support existing or new stationing or operations of the United 
States Armed Forces.

    Sec. 8129. <<NOTE: Reports.>>  (a) The Chairman of the Joint Chiefs, 
in coordination with the Secretaries of the military departments and the 
Chiefs of the Armed Forces, shall submit to the congressional defense 
committees, not later than 30 days after the last day of each quarter of 
the fiscal year, a report on the use of operation and maintenance funds 
for activities or exercises in excess of $5,000,000 that have been 
designated by the Secretary of Defense as unplanned activities for 
fiscal year 2023.

    (b) Each report required by subsection (a) shall also include--
            (1) the title, date, and location, of each activity and 
        exercise covered by the report;
            (2) an identification of the military department and units 
        that participated in each such activity or exercise (including 
        an estimate of the number of participants);
            (3) <<NOTE: Costs.>>  the total cost of the activity or 
        exercise, by budget line item (with a breakdown by cost element 
        such as transportation); and
            (4) a short explanation of the objective of the activity or 
        exercise.

    (c) The report required by subsection (a) shall be submitted in 
unclassified form, but may include a classified annex.
    Sec. 8130. <<NOTE: Deadline. Notifications.>>   Not later than 15 
days after the date on which any foreign base that involves the 
stationing or operations of the United States Armed Forces, including a 
temporary base, permanent base, or base owned and operated by a foreign 
country, is opened or closed, the Secretary of Defense shall notify the 
congressional defense committees in writing of the opening or closing of 
such base:  Provided, That such notification shall also include 
information on any personnel changes, costs, and savings associated with 
the opening or closing of such base.

    Sec. 8131. <<NOTE: Iraq.>>   None of the funds made available by 
this Act may be used with respect to Iraq in contravention of the War 
Powers Resolution (50 U.S.C. 1541 et seq.), including for the 
introduction of United States Armed Forces into hostilities in Iraq, 
into situations in Iraq where imminent involvement in hostilities is 
clearly indicated by the circumstances, or into Iraqi territory, 
airspace, or waters while equipped for combat, in contravention of the 
congressional consultation and reporting requirements of sections 3 and 
4 of such Resolution (50 U.S.C. 1542 and 1543).

    Sec. 8132. <<NOTE: Syria.>>   None of the funds made available by 
this Act may be used with respect to Syria in contravention of the War 
Powers Resolution (50 U.S.C. 1541 et seq.), including for the 
introduction of United States armed or military forces into hostilities 
in Syria, into situations in Syria where imminent involvement in 
hostilities is clearly indicated by the circumstances, or into Syrian 
territory,

[[Page 136 STAT. 4620]]

airspace, or waters while equipped for combat, in contravention of the 
congressional consultation and reporting requirements of sections 3 and 
4 of that law (50 U.S.C. 1542 and 1543).

    Sec. 8133. <<NOTE: Iran. North Korea.>>   Nothing in this Act may be 
construed as authorizing the use of force against Iran or the Democratic 
People's Republic of Korea.

    Sec. 8134. <<NOTE: Iraq.>>   None of the funds appropriated or 
otherwise made available by this or any other Act shall be obligated or 
expended by the United States Government for a purpose as follows:
            (1) To establish any military installation or base for the 
        purpose of providing for the permanent stationing of United 
        States Armed Forces in Iraq.
            (2) <<NOTE: Syria.>>  To exercise United States control over 
        any oil resource of Iraq or Syria.

    Sec. 8135.  None of the funds made available by this Act under the 
heading ``Counter-ISIS Train and Equip Fund'', and under the heading 
``Operation and Maintenance, Defense-Wide'' for Department of Defense 
security cooperation grant programs, may be used to procure or transfer 
man-portable air defense systems.
    Sec. 8136.  Up to $500,000,000 of funds appropriated by this Act for 
the Defense Security Cooperation Agency in ``Operation and Maintenance, 
Defense-Wide'' may be used to provide assistance to the Government of 
Jordan to support the armed forces of Jordan and to enhance security 
along its borders.
    Sec. 8137. <<NOTE: Wuhan Institute of Virology.>>   None of the 
funds made available by this Act may be used to support any activity 
conducted by, or associated with, the Wuhan Institute of Virology.

    Sec. 8138. <<NOTE: Azov Battalion.>>   None of the funds made 
available by this Act may be used to provide arms, training, or other 
assistance to the Azov Battalion.

    Sec. 8139. <<NOTE: Khalid Sheikh Mohammed. Detainees.>>   None of 
the funds appropriated or otherwise made available in this or any other 
Act may be used to transfer, release, or assist in the transfer or 
release to or within the United States, its territories, or possessions 
Khalid Sheikh Mohammed or any other detainee who--
            (1) is not a United States citizen or a member of the Armed 
        Forces of the United States; and
            (2) <<NOTE: Cuba.>>  is or was held on or after June 24, 
        2009, at United States Naval Station, Guantanamo Bay, Cuba, by 
        the Department of Defense.

    Sec. 8140. <<NOTE: Detainees. Cuba.>>   None of the funds 
appropriated or otherwise made available in this Act may be used to 
transfer any individual detained at United States Naval Station 
Guantanamo Bay, Cuba, to the custody or control of the individual's 
country of origin, any other foreign country, or any other foreign 
entity except in accordance with section 1034 of the National Defense 
Authorization Act for Fiscal Year 2016 (Public Law 114-92) and section 
1035 of the John S. McCain National Defense Authorization Act for Fiscal 
Year 2019 (Public Law 115-232).

    Sec. 8141. <<NOTE: Detainees. Cuba.>>  (a) None of the funds 
appropriated or otherwise made available in this or any other Act may be 
used to construct, acquire, or modify any facility in the United States, 
its territories, or possessions to house any individual described in 
subsection (c) for the purposes of detention or imprisonment in the 
custody or under the effective control of the Department of Defense.

[[Page 136 STAT. 4621]]

    (b) The prohibition in subsection (a) shall not apply to any 
modification of facilities at United States Naval Station, Guantanamo 
Bay, Cuba.

    (c) An individual described in this subsection is any individual 
who, as of June 24, 2009, is located at United States Naval Station, 
Guantanamo Bay, Cuba, and who--
            (1) is not a citizen of the United States or a member of the 
        Armed Forces of the United States; and
            (2) is--
                    (A) in the custody or under the effective control of 
                the Department of Defense; or
                    (B) otherwise under detention at United States Naval 
                Station, Guantanamo Bay, Cuba.

    Sec. 8142. <<NOTE: Cuba.>>   None of the funds made available by 
this Act may be used to carry out the closure or realignment of the 
United States Naval Station, Guantanamo Bay, Cuba.

    Sec. 8143. <<NOTE: EcoHealth Alliance, 
Inc. China. Determination. Waiver authority. Deadline.>>   None of the 
funds made available by this Act may be used to fund any work to be 
performed by EcoHealth Alliance, Inc. in China on research supported by 
the government of China unless the Secretary of Defense determines that 
a waiver to such prohibition is in the national security interests of 
the United States and, not later than 14 days after granting such a 
waiver, submits to the congressional defense committees a detailed 
justification for the waiver, including--
            (1) an identification of the Department of Defense entity 
        obligating or expending the funds;
            (2) an identification of the amount of such funds;
            (3) an identification of the intended purpose of such funds;
            (4) an identification of the recipient or prospective 
        recipient of such funds (including any third-party entity 
        recipient, as applicable);
            (5) an explanation for how the waiver is in the national 
        security interests of the United States; and
            (6) any other information the Secretary determines 
        appropriate.

    Sec. 8144. <<NOTE: Deadline. Allocation.>>  (a) Within 45 days of 
enactment of this Act, the Secretary of Defense shall allocate amounts 
made available from the Creating Helpful Incentives to Produce 
Semiconductors (CHIPS) for America Defense Fund for fiscal year 2023 
pursuant to the transfer authority in section 102(b)(1) of the CHIPS Act 
of 2022 (division A of Public Law 117-167), to the account specified, in 
the amounts specified, and for the projects and activities specified, in 
the table titled ``Department of Defense Allocation of Funds: CHIPS and 
Science Act Fiscal Year 2023'' in the explanatory statement described in 
section 4 (in the matter preceding division A of this consolidated Act).

    (b) Neither the President nor his designee may allocate any amounts 
that are made available for any fiscal year under section 102(b)(2) of 
the CHIPS Act of 2022 if there is in effect an Act making or continuing 
appropriations for part of a fiscal year for the Department of Defense:  
Provided, That in any fiscal year, the matter preceding this proviso 
shall not apply to the allocation, apportionment, or allotment of 
amounts for continuing administration of programs allocated using funds 
transferred from the CHIPS for America Defense Fund, which may be 
allocated pursuant to the transfer authority in section 102(b)(1) of the 
CHIPS Act of

[[Page 136 STAT. 4622]]

2022 only in amounts that are no more than the allocation for such 
purposes in subsection (a) of this section.
    (c) <<NOTE: Reallocation.>>  The Secretary of Defense may reallocate 
funds allocated by subsection (a) of this section, subject to the terms 
and conditions contained in the provisos in section 8005 of this Act:  
Provided, That amounts may be reallocated pursuant to this subsection 
only for those requirements necessary to carry out section 9903(b) of 
the William M. (Mac) Thornberry National Defense Authorization Act for 
Fiscal Year 2021 (Public Law 116-283).

    (d) <<NOTE: Allocations.>>  Concurrent with the annual budget 
submission of the President for fiscal year 2024, the Secretary of 
Defense shall submit to the Committees on Appropriations of the House of 
Representatives and the Senate proposed allocations by account and by 
program, project, or activity, with detailed justifications, for amounts 
made available under section 102(b)(2) of the CHIPS Act of 2022 for 
fiscal year 2024.

    (e) <<NOTE: Reports.>>  The Department of Defense shall provide the 
Committees on Appropriations of the House of Representatives and Senate 
quarterly reports on the status of balances of projects and activities 
funded by the CHIPS for America Defense Fund for amounts allocated 
pursuant to subsection (a) of this section, including all uncommitted, 
committed, and unobligated funds.

    Sec. 8145. <<NOTE: Ridge Alkonis. Determination.>>   The Secretary 
of the Navy shall continue to provide pay and allowances to Lieutenant 
Ridge Alkonis, United States Navy, until such time as the Secretary of 
the Navy makes a determination with respect to the separation of 
Lieutenant Alkonis from the Navy.

    This division may be cited as the ``Department of Defense 
Appropriations Act, 2023''.

  DIVISION D <<NOTE: Energy and Water Development and Related Agencies 
 Appropriations Act, 2023.>> --ENERGY AND WATER DEVELOPMENT AND RELATED 
AGENCIES APPROPRIATIONS ACT, 2023

                                 TITLE I

                        CORPS OF ENGINEERS--CIVIL

                         DEPARTMENT OF THE ARMY

                        Corps of Engineers--Civil

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

                             investigations

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

[[Page 136 STAT. 4623]]

ecosystem restoration projects, and related efforts prior to 
construction; for restudy of authorized projects; and for miscellaneous 
investigations, and, when authorized by law, surveys and detailed 
studies, and plans and specifications of projects prior to construction, 
$172,500,000, to remain available until expended:  Provided, 
That <<NOTE: Work plan.>>  the Secretary shall not deviate from the work 
plan, once the plan has been submitted to the Committees on 
Appropriations of both Houses of Congress.

                              construction

    For expenses necessary for the construction of river and harbor, 
flood and storm damage reduction, shore protection, aquatic ecosystem 
restoration, and related projects authorized by law; for conducting 
detailed studies, and plans and specifications, of such projects 
(including those involving participation by States, local governments, 
or private groups) authorized or made eligible for selection by law (but 
such detailed studies, and plans and specifications, shall not 
constitute a commitment of the Government to construction); 
$1,808,800,000, to remain available until expended; of which 
$75,518,000, to be derived from the Harbor Maintenance Trust Fund, shall 
be to cover the Federal share of construction costs for facilities under 
the Dredged Material Disposal Facilities program; and of which such sums 
as are necessary to cover 35 percent of the costs of construction, 
replacement, rehabilitation, and expansion of inland waterways projects 
shall be derived from the Inland Waterways Trust Fund, except as 
otherwise specifically provided for in law:  Provided, <<NOTE: Work 
plan.>>  That the Secretary shall not deviate from the work plan, once 
the plan has been submitted to the Committees on Appropriations of both 
Houses of Congress.

                    mississippi river and tributaries

    For expenses necessary for flood damage reduction projects and 
related efforts in the Mississippi River alluvial valley below Cape 
Girardeau, Missouri, as authorized by law, $370,000,000, to remain 
available until expended, of which $15,390,000, to be derived from the 
Harbor Maintenance Trust Fund, shall be to cover the Federal share of 
eligible operation and maintenance costs for inland harbors:  
Provided, <<NOTE: Work plan.>>  That the Secretary shall not deviate 
from the work plan, once the plan has been submitted to the Committees 
on Appropriations of both Houses of Congress.

                        operation and maintenance

    For expenses necessary for the operation, maintenance, and care of 
existing river and harbor, flood and storm damage reduction, aquatic 
ecosystem restoration, and related projects authorized by law; providing 
security for infrastructure owned or operated by the Corps, including 
administrative buildings and laboratories; maintaining harbor channels 
provided by a State, municipality, or other public agency that serve 
essential navigation needs of general commerce, where authorized by law; 
surveying and charting northern and northwestern lakes and connecting 
waters; clearing and straightening channels; and removing obstructions 
to navigation, $5,078,500,000, to remain available until expended, of 
which $2,227,092,000, to be derived from the Harbor Maintenance Trust 
Fund, shall be to cover the Federal share of eligible operations

[[Page 136 STAT. 4624]]

and maintenance costs for coastal harbors and channels, and for inland 
harbors; of which such sums as become available from the special account 
for the Corps of Engineers established by the Land and Water 
Conservation Fund Act of 1965 shall be derived from that account for 
resource protection, research, interpretation, and maintenance 
activities related to resource protection in the areas at which outdoor 
recreation is available; of which such sums as become available from 
fees collected under section 217 of Public Law 104-303 shall be used to 
cover the cost of operation and maintenance of the dredged material 
disposal facilities for which such fees have been collected; and of 
which $56,000,000, to be derived from the general fund of the Treasury, 
shall be to carry out subsection (c) of section 2106 of the Water 
Resources Reform and Development Act of 2014 (33 U.S.C. 2238c) and shall 
be designated as being for such purpose pursuant to paragraph (2)(B) of 
section 14003 of division B of the Coronavirus Aid, Relief, and Economic 
Security Act (Public Law 116-136):  Provided, <<NOTE: Time 
period. Determination. Allocation.>>  That 1 percent of the total amount 
of funds provided for each of the programs, projects, or activities 
funded under this heading shall not be allocated to a field operating 
activity prior to the beginning of the fourth quarter of the fiscal year 
and shall be available for use by the Chief of Engineers to fund such 
emergency activities as the Chief of Engineers determines to be 
necessary and appropriate, and that the Chief of Engineers shall 
allocate during the fourth quarter any remaining funds which have not 
been used for emergency activities proportionally in accordance with the 
amounts provided for the programs, projects, or activities:  Provided 
further, <<NOTE: Work plan.>>  That the Secretary shall not deviate from 
the work plan, once the plan has been submitted to the Committees on 
Appropriations of both Houses of Congress.

                           regulatory program

    For expenses necessary for administration of laws pertaining to 
regulation of navigable waters and wetlands, $218,000,000, to remain 
available until September 30, 2024.

             formerly utilized sites remedial action program

    For expenses necessary to clean up contamination from sites in the 
United States resulting from work performed as part of the Nation's 
early atomic energy program, $400,000,000, to remain available until 
expended.

                  flood control and coastal emergencies

    For expenses necessary to prepare for flood, hurricane, and other 
natural disasters and support emergency operations, repairs, and other 
activities in response to such disasters as authorized by law, 
$35,000,000, to remain available until expended.

                                expenses

    For expenses necessary for the supervision and general 
administration of the civil works program in the headquarters of the 
Corps of Engineers and the offices of the Division Engineers; and for 
costs of management and operation of the Humphreys Engineer Center 
Support Activity, the Institute for Water

[[Page 136 STAT. 4625]]

Resources, the United States Army Engineer Research and Development 
Center, and the United States Army Corps of Engineers Finance Center 
allocable to the civil works program, $215,000,000, to remain available 
until September 30, 2024, of which not to exceed $5,000 may be used for 
official reception and representation purposes and only during the 
current fiscal year:  Provided, That no part of any other appropriation 
provided in this title shall be available to fund the civil works 
activities of the Office of the Chief of Engineers or the civil works 
executive direction and management activities of the division offices:  
Provided further, That any Flood Control and Coastal Emergencies 
appropriation may be used to fund the supervision and general 
administration of emergency operations, repairs, and other activities in 
response to any flood, hurricane, or other natural disaster.

      office of the assistant secretary of the army for civil works

    For the Office of the Assistant Secretary of the Army for Civil 
Works as authorized by 10 U.S.C. 3016(b)(3), $5,000,000, to remain 
available until September 30, 2024:  Provided, <<NOTE: Reports. Work 
plan.>>  That not more than 75 percent of such amount may be obligated 
or expended until the Assistant Secretary submits to the Committees on 
Appropriations of both Houses of Congress the report required under 
section 101(d) of this Act and a work plan that allocates at least 95 
percent of the additional funding provided under each heading in the 
explanatory statement described in section 4 (in the matter preceding 
division A of this consolidated Act), to specific programs, projects, or 
activities.

       water infrastructure finance and innovation program account

    For administrative expenses to carry out the direct and guaranteed 
loan programs authorized by the Water Infrastructure Finance and 
Innovation Act of 2014, $7,200,000, to remain available until September 
30, 2024.

              GENERAL PROVISIONS--CORPS OF ENGINEERS--CIVIL

                      (including transfer of funds)

    Sec. 101. (a) None of the funds provided in title I of this Act, or 
provided by previous appropriations Acts to the agencies or entities 
funded in title I of this Act that remain available for obligation or 
expenditure in fiscal year 2023, shall be available for obligation or 
expenditure through a reprogramming of funds that:
            (1) creates or initiates a new program, project, or 
        activity;
            (2) eliminates a program, project, or activity;
            (3) <<NOTE: Advance approvals.>>  increases funds or 
        personnel for any program, project, or activity for which funds 
        have been denied or restricted by this Act, unless prior 
        approval is received from the Committees on Appropriations of 
        both Houses of Congress;
            (4) <<NOTE: Advance approvals.>>  proposes to use funds 
        directed for a specific activity for a different purpose, unless 
        prior approval is received from the Committees on Appropriations 
        of both Houses of Congress;
            (5) <<NOTE: Advance approvals.>>  augments or reduces 
        existing programs, projects, or activities in excess of the 
        amounts contained in paragraphs

[[Page 136 STAT. 4626]]

        (6) through (10), unless prior approval is received from the 
        Committees on Appropriations of both Houses of Congress;
            (6) Investigations.--For a base level over $100,000, 
        reprogramming of 25 percent of the base amount up to a limit of 
        $150,000 per project, study or activity is allowed:  Provided, 
        That for a base level less than $100,000, the reprogramming 
        limit is $25,000:  Provided further, That up to $25,000 may be 
        reprogrammed into any continuing study or activity that did not 
        receive an appropriation for existing obligations and 
        concomitant administrative expenses;
            (7) Construction.--For a base level over $2,000,000, 
        reprogramming of 15 percent of the base amount up to a limit of 
        $3,000,000 per project, study or activity is allowed:  Provided, 
        That for a base level less than $2,000,000, the reprogramming 
        limit is $300,000:  Provided further, That up to $3,000,000 may 
        be reprogrammed for settled contractor claims, changed 
        conditions, or real estate deficiency judgments:  Provided 
        further, That up to $300,000 may be reprogrammed into any 
        continuing study or activity that did not receive an 
        appropriation for existing obligations and concomitant 
        administrative expenses;
            (8) Operation and maintenance.--Unlimited reprogramming 
        authority is granted for the Corps to be able to respond to 
        emergencies:  Provided, <<NOTE: Notifications.>>  That the Chief 
        of Engineers shall notify the Committees on Appropriations of 
        both Houses of Congress of these emergency actions as soon 
        thereafter as practicable:  Provided further, That for a base 
        level over $1,000,000, reprogramming of 15 percent of the base 
        amount up to a limit of $5,000,000 per project, study, or 
        activity is allowed:  Provided further, That for a base level 
        less than $1,000,000, the reprogramming limit is $150,000:  
        Provided further, That $150,000 may be reprogrammed into any 
        continuing study or activity that did not receive an 
        appropriation;
            (9) <<NOTE: Guidelines. Applicability.>>  Mississippi river 
        and tributaries.--The reprogramming guidelines in paragraphs 
        (6), (7), and (8) shall apply to the Investigations, 
        Construction, and Operation and Maintenance portions of the 
        Mississippi River and Tributaries Account, respectively; and
            (10) Formerly utilized sites remedial action program.--
        Reprogramming of up to 15 percent of the base of the receiving 
        project is permitted.

    (b) De Minimus Reprogrammings.--In no case should a reprogramming 
for less than $50,000 be submitted to the Committees on Appropriations 
of both Houses of Congress.
    (c) Continuing Authorities Program.--Subsection (a)(1) shall not 
apply to any project or activity funded under the continuing authorities 
program.
    (d) <<NOTE: Reports.>>  Not later than 60 days after the date of 
enactment of this Act, the Secretary shall submit a report to the 
Committees on Appropriations of both Houses of Congress to establish the 
baseline for application of reprogramming and transfer authorities for 
the current fiscal year which shall include:
            (1) A table for each appropriation with a separate column to 
        display the President's budget request, adjustments made by 
        Congress, adjustments due to enacted rescissions, if applicable, 
        and the fiscal year enacted level;

[[Page 136 STAT. 4627]]

            (2) A delineation in the table for each appropriation both 
        by object class and program, project and activity as detailed in 
        the budget appendix for the respective appropriations; and
            (3) An identification of items of special congressional 
        interest.

    Sec. 102. <<NOTE: Allocation.>>   The Secretary shall allocate funds 
made available in this Act solely in accordance with the provisions of 
this Act and in the explanatory statement described in section 4 (in the 
matter preceding division A of this consolidated Act).

    Sec. 103. <<NOTE: Contracts.>>   None of the funds made available in 
this title may be used to award or modify any contract that commits 
funds beyond the amounts appropriated for that program, project, or 
activity that remain unobligated, except that such amounts may include 
any funds that have been made available through reprogramming pursuant 
to section 101.

    Sec. 104.  The Secretary of the Army may transfer to the Fish and 
Wildlife Service, and the Fish and Wildlife Service may accept and 
expend, up to $5,400,000 of funds provided in this title under the 
heading ``Operation and Maintenance'' to mitigate for fisheries lost due 
to Corps of Engineers projects.
    Sec. 105.  None of the funds in this Act shall be used for an open 
lake placement alternative for dredged material, after evaluating the 
least costly, environmentally acceptable manner for the disposal or 
management of dredged material originating from Lake Erie or tributaries 
thereto, unless it is approved under a State water quality certification 
pursuant to section 401 of the Federal Water Pollution Control Act (33 
U.S.C. 1341):  Provided, That until an open lake placement alternative 
for dredged material is approved under a State water quality 
certification, the Corps of Engineers shall continue upland placement of 
such dredged material consistent with the requirements of section 101 of 
the Water Resources Development Act of 1986 (33 U.S.C. 2211).
    Sec. 106. <<NOTE: Kentucky.>>   None of the funds made available by 
this Act may be used to carry out any water supply reallocation study 
under the Wolf Creek Dam, Lake Cumberland, Kentucky, project authorized 
under the Act of July 24, 1946 (60 Stat. 636, ch. 595).

    Sec. 107.  None of the funds made available by this Act or any other 
Act may be used to reorganize or to transfer the Civil Works functions 
or authority of the Corps of Engineers or the Secretary of the Army to 
another department or agency.
    Sec. 108. <<NOTE: Allocations. Determinations.>>   Additional 
funding provided in this Act shall be allocated only to projects 
determined to be eligible by the Chief of Engineers.

                                TITLE II

                       DEPARTMENT OF THE INTERIOR

                          Central Utah Project

                 central utah project completion account

    For carrying out activities authorized by the Central Utah Project 
Completion Act, $23,000,000, to remain available until expended, of 
which $5,000,000 shall be deposited into the Utah Reclamation Mitigation 
and Conservation Account for use by the Utah Reclamation Mitigation and 
Conservation Commission:  Provided, That of the amount provided under 
this heading, $1,600,000

[[Page 136 STAT. 4628]]

shall be available until September 30, 2024, for expenses necessary in 
carrying out related responsibilities of the Secretary of the Interior:  
Provided further, That for fiscal year 2023, of the amount made 
available to the Commission under this Act or any other Act, the 
Commission may use an amount not to exceed $1,880,000 for administrative 
expenses.

                          BUREAU OF RECLAMATION

    The following appropriations shall be expended to execute authorized 
functions of the Bureau of Reclamation:

                       water and related resources

                     (including transfers of funds)

    For management, development, and restoration of water and related 
natural resources and for related activities, including the operation, 
maintenance, and rehabilitation of reclamation and other facilities, 
participation in fulfilling related Federal responsibilities to Native 
Americans, and related grants to, and cooperative and other agreements 
with, State and local governments, federally recognized Indian Tribes, 
and others, $1,787,151,000, to remain available until expended, of which 
$22,165,000 shall be available for transfer to the Upper Colorado River 
Basin Fund and $7,584,000 shall be available for transfer to the Lower 
Colorado River Basin Development Fund; of which such amounts as may be 
necessary may be advanced to the Colorado River Dam Fund:  Provided, 
That $500,000 shall be available for transfer into the Aging 
Infrastructure Account established by section 9603(d)(1) of the Omnibus 
Public Land Management Act of 2009, as amended (43 U.S.C. 510b(d)(1)):  
Provided further, That such transfers, except for the transfer 
authorized by the preceding proviso, may be increased or decreased 
within the overall appropriation under this heading:  Provided further, 
That of the total appropriated, the amount for program activities that 
can be financed by the Reclamation Fund, the Water Storage Enhancement 
Receipts account established by section 4011(e) of Public Law 114-322, 
or the Bureau of Reclamation special fee account established by 16 
U.S.C. 6806 shall be derived from that Fund or account:  Provided 
further, That funds contributed under 43 U.S.C. 395 are available until 
expended for the purposes for which the funds were contributed:  
Provided further, That funds advanced under 43 U.S.C. 397a shall be 
credited to this account and are available until expended for the same 
purposes as the sums appropriated under this heading:  Provided further, 
That of the amounts made available under this heading, $10,000,000 shall 
be deposited in the San Gabriel Basin Restoration Fund established by 
section 110 of title I of division B of appendix D of Public Law 106-
554:  Provided further, That of the amounts provided herein, funds may 
be used for high-priority projects which shall be carried out by the 
Youth Conservation Corps, as authorized by 16 U.S.C. 1706:  Provided 
further, That within available funds, $250,000 shall be for grants and 
financial assistance for educational activities:  Provided further, That 
in accordance with section 4007 of Public Law 114-322 and as recommended 
by the Secretary in a letter dated November 30, 2022, funding provided 
for such purpose in fiscal years 2021 and 2022 shall be made available 
to the Los Vaqueros Reservoir Expansion Project Phase 2, and the North-

[[Page 136 STAT. 4629]]

of-the-Delta Off Stream Storage (Sites Reservoir Project):  Provided 
further, That in accordance with section 4009(a) of Public Law 114-322 
and as recommended by the Secretary in a letter dated November 30, 2022, 
funding provided for such purpose in fiscal year 2022 shall be made 
available to the El Paso Water Utilities Public Service Board:  Provided 
further, That in accordance with section 4009(c) of Public Law 114-322 
and as recommended by the Secretary in a letter dated November 30, 2022, 
funding provided for such purpose in fiscal year 2022 shall be made 
available to the Eastern Municipal Water District.

                 central valley project restoration fund

    For carrying out the programs, projects, plans, habitat restoration, 
improvement, and acquisition provisions of the Central Valley Project 
Improvement Act, such sums as may be collected in fiscal year 2023 in 
the Central Valley Project Restoration Fund pursuant to sections 
3407(d), 3404(c)(3), and 3405(f) of Public Law 102-575, to remain 
available until expended:  Provided, <<NOTE: Assessments.>>  That the 
Bureau of Reclamation is directed to assess and collect the full amount 
of the additional mitigation and restoration payments authorized by 
section 3407(d) of Public Law 102-575:  Provided 
further, <<NOTE: Contracts.>>  That none of the funds made available 
under this heading may be used for the acquisition or leasing of water 
for in-stream purposes if the water is already committed to in-stream 
purposes by a court adopted decree or order.

                    california bay-delta restoration

                     (including transfers of funds)

    For carrying out activities authorized by the Water Supply, 
Reliability, and Environmental Improvement Act, consistent with plans to 
be approved by the Secretary of the Interior, $33,000,000, to remain 
available until expended, of which such amounts as may be necessary to 
carry out such activities may be transferred to appropriate accounts of 
other participating Federal agencies to carry out authorized purposes:  
Provided, That funds appropriated herein may be used for the Federal 
share of the costs of Calfed Program management:  Provided further, That 
Calfed implementation shall be carried out in a balanced manner with 
clear performance measures demonstrating concurrent progress in 
achieving the goals and objectives of the Program.

                        policy and administration

    For expenses necessary for policy, administration, and related 
functions in the Office of the Commissioner, the Denver office, and 
offices in the six regions of the Bureau of Reclamation, to remain 
available until September 30, 2024, $65,079,000, to be derived from the 
Reclamation Fund and be nonreimbursable as provided in 43 U.S.C. 377:  
Provided, That no part of any other appropriation in this Act shall be 
available for activities or functions budgeted as policy and 
administration expenses.

[[Page 136 STAT. 4630]]

                        administrative provision

    Appropriations for the Bureau of Reclamation shall be available for 
purchase and replacement of not to exceed 30 motor vehicles, which are 
for replacement only.

             GENERAL PROVISIONS--DEPARTMENT OF THE INTERIOR

    Sec. 201. (a) <<NOTE: Advance approvals.>>  None of the funds 
provided in title II of this Act for Water and Related Resources, or 
provided by previous or subsequent appropriations Acts to the agencies 
or entities funded in title II of this Act for Water and Related 
Resources that remain available for obligation or expenditure in fiscal 
year 2023, shall be available for obligation or expenditure through a 
reprogramming of funds that--
            (1) initiates or creates a new program, project, or 
        activity;
            (2) eliminates a program, project, or activity;
            (3) increases funds for any program, project, or activity 
        for which funds have been denied or restricted by this Act, 
        unless prior approval is received from the Committees on 
        Appropriations of both Houses of Congress;
            (4) restarts or resumes any program, project or activity for 
        which funds are not provided in this Act, unless prior approval 
        is received from the Committees on Appropriations of both Houses 
        of Congress;
            (5) transfers funds in excess of the following limits, 
        unless prior approval is received from the Committees on 
        Appropriations of both Houses of Congress:
                    (A) 15 percent for any program, project or activity 
                for which $2,000,000 or more is available at the 
                beginning of the fiscal year; or
                    (B) $400,000 for any program, project or activity 
                for which less than $2,000,000 is available at the 
                beginning of the fiscal year;
            (6) transfers more than $500,000 from either the Facilities 
        Operation, Maintenance, and Rehabilitation category or the 
        Resources Management and Development category to any program, 
        project, or activity in the other category, unless prior 
        approval is received from the Committees on Appropriations of 
        both Houses of Congress; or
            (7) transfers, where necessary to discharge legal 
        obligations of the Bureau of Reclamation, more than $5,000,000 
        to provide adequate funds for settled contractor claims, 
        increased contractor earnings due to accelerated rates of 
        operations, and real estate deficiency judgments, unless prior 
        approval is received from the Committees on Appropriations of 
        both Houses of Congress.

    (b) Subsection (a)(5) shall not apply to any transfer of funds 
within the Facilities Operation, Maintenance, and Rehabilitation 
category.
    (c) <<NOTE: Definition.>>  For purposes of this section, the term 
``transfer'' means any movement of funds into or out of a program, 
project, or activity.

    (d) Except as provided in subsections (a) and (b), the amounts made 
available in this title under the heading ``Bureau of Reclamation--Water 
and Related Resources'' shall be expended for the programs, projects, 
and activities specified in the ``Final Bill'' columns in the ``Water 
and Related Resources'' table included under the heading ``Title II--
Department of the Interior'' in the explanatory

[[Page 136 STAT. 4631]]

statement described in section 4 (in the matter preceding division A of 
this consolidated Act).
    (e) <<NOTE: Reports.>>  The Bureau of Reclamation shall submit 
reports on a quarterly basis to the Committees on Appropriations of both 
Houses of Congress detailing all the funds reprogrammed between 
programs, projects, activities, or categories of funding. The first 
quarterly report shall be submitted not later than 60 days after the 
date of enactment of this Act.

    Sec. 202. <<NOTE: Determination. California. Plan.>>  (a) None of 
the funds appropriated or otherwise made available by this Act may be 
used to determine the final point of discharge for the interceptor drain 
for the San Luis Unit until development by the Secretary of the Interior 
and the State of California of a plan, which shall conform to the water 
quality standards of the State of California as approved by the 
Administrator of the Environmental Protection Agency, to minimize any 
detrimental effect of the San Luis drainage waters.

    (b) <<NOTE: Reimbursements.>>  The costs of the Kesterson Reservoir 
Cleanup Program and the costs of the San Joaquin Valley Drainage Program 
shall be classified by the Secretary of the Interior as reimbursable or 
nonreimbursable and collected until fully repaid pursuant to the 
``Cleanup Program--Alternative Repayment Plan'' and the ``SJVDP--
Alternative Repayment Plan'' described in the report entitled 
``Repayment Report, Kesterson Reservoir Cleanup Program and San Joaquin 
Valley Drainage Program, February 1995'', prepared by the Department of 
the Interior, Bureau of Reclamation. Any future obligations of funds by 
the United States relating to, or providing for, drainage service or 
drainage studies for the San Luis Unit shall be fully reimbursable by 
San Luis Unit beneficiaries of such service or studies pursuant to 
Federal reclamation law.

    Sec. 203.  Section 9504(e) of the Omnibus Public Land Management Act 
of 2009 (42 U.S.C. 10364(e)) is amended by striking ``$750,000,000'' and 
inserting ``$820,000,000''.
    Sec. 204. <<NOTE: Applicability.>>  (a) Title I of Public Law 108-
361 (the Calfed Bay-Delta Authorization Act) (118 Stat. 1681), as 
amended by section 204 of division D of Public Law 117-
103, <<NOTE: Ante, p. 221.>>  shall be applied by substituting ``2023'' 
for ``2022'' each place it appears.

    (b) Section 103(f)(4)(A) of Public Law 108-361 (the Calfed Bay-Delta 
Authorization Act) <<NOTE: 118 Stat. 1696.>>  is amended by striking 
``$25,000,000'' and inserting ``$30,000,000''.

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

    Sec. 206. <<NOTE: Applicability. 43 USC 2214 note.>>  (a) Section 
104(c) of the Reclamation States Emergency Drought Relief Act of 1991 
(43 U.S.C. 2214(c)) shall be applied by substituting ``2023'' for 
``2022''.

    (b) <<NOTE: 43 USC 2241 note.>>  Section 301 of the Reclamation 
States Emergency Drought Relief Act of 1991 (43 U.S.C. 2241) shall be 
applied by substituting ``2023'' for ``2022'' and by substituting 
``$130,000,000'' for ``$120,000,000''.

    Sec. 207.  Section 529(b)(3) of the Water Resources Development Act 
of 2000 (Public Law 106-541) as amended, <<NOTE: 114 Stat. 2658.>>  is 
amended by striking ``$30,000,000'' and inserting ``$40,000,000''.

    Sec. 208.  None of the funds made available by this Act may be used 
for pre-construction or construction activities for any project 
recommended after enactment of the Energy and Water Development and 
Related Agencies Appropriations Act, 2020 and prior to enactment of this 
Act by the Secretary of the Interior and

[[Page 136 STAT. 4632]]

transmitted to the appropriate committees of Congress pursuant to 
section 4007 of the Water Infrastructure Improvements for the Nation Act 
(Public Law 114-322) if such project is not named in this Act, Public 
Law 116-260, or Public Law 117-43.

                                TITLE III

                          DEPARTMENT OF ENERGY

                             ENERGY PROGRAMS

                 Energy Efficiency and Renewable Energy

    For Department of Energy expenses including the purchase, 
construction, and acquisition of plant and capital equipment, and other 
expenses necessary for energy efficiency and renewable energy activities 
in carrying out the purposes of the Department of Energy Organization 
Act (42 U.S.C. 7101 et seq.), including the acquisition or condemnation 
of any real property or any facility or for plant or facility 
acquisition, construction, or expansion, $3,460,000,000, to remain 
available until expended:  Provided, That of such amount, $223,000,000 
shall be available until September 30, 2024, for program direction.

         Cybersecurity, Energy Security, and Emergency Response

    For Department of Energy expenses including the purchase, 
construction, and acquisition of plant and capital equipment, and other 
expenses necessary for energy sector cybersecurity, energy security, and 
emergency response activities in carrying out the purposes of the 
Department of Energy Organization Act (42 U.S.C. 7101 et seq.), 
including the acquisition or condemnation of any real property or any 
facility or for plant or facility acquisition, construction, or 
expansion, $200,000,000, to remain available until expended:  Provided, 
That of such amount, $25,143,000 shall be available until September 30, 
2024, for program direction.

                               Electricity

    For Department of Energy expenses including the purchase, 
construction, and acquisition of plant and capital equipment, and other 
expenses necessary for electricity activities in carrying out the 
purposes of the Department of Energy Organization Act (42 U.S.C. 7101 et 
seq.), including the acquisition or condemnation of any real property or 
any facility or for plant or facility acquisition, construction, or 
expansion, $350,000,000, to remain available until expended:  Provided, 
That of such amount, $23,000,000 shall be available until September 30, 
2024, for program direction.

                             Nuclear Energy

                      (including transfer of funds)

    For Department of Energy expenses including the purchase, 
construction, and acquisition of plant and capital equipment, and other 
expenses necessary for nuclear energy activities in carrying out the 
purposes of the Department of Energy Organization Act (42 U.S.C. 7101 et 
seq.), including the acquisition or condemnation

[[Page 136 STAT. 4633]]

of any real property or any facility or for plant or facility 
acquisition, construction, or expansion, $1,473,000,000, to remain 
available until expended, of which $20,000,000 shall be transferred to 
``Department of Energy--Energy Programs--Science'', for hot cells 
operations and maintenance:  Provided, That of such amount, $85,000,000 
shall be available until September 30, 2024, for program direction:  
Provided further, That for the purpose of section 954(a)(6) of the 
Energy Policy Act of 2005, as amended, the only amount available shall 
be from the amount specified as including that purpose in the ``Final 
Bill'' column in the ``Department of Energy'' table included under the 
heading ``Title III--Department of Energy'' in the explanatory statement 
described in section 4 (in the matter preceding division A of this 
consolidated Act).

                   Fossil Energy and Carbon Management

    For Department of Energy expenses necessary in carrying out fossil 
energy and carbon management research and development activities, under 
the authority of the Department of Energy Organization Act (42 U.S.C. 
7101 et seq.), including the acquisition of interest, including 
defeasible and equitable interests in any real property or any facility 
or for plant or facility acquisition or expansion, and for conducting 
inquiries, technological investigations and research concerning the 
extraction, processing, use, and disposal of mineral substances without 
objectionable social and environmental costs (30 U.S.C. 3, 1602, and 
1603), $890,000,000, to remain available until expended:  Provided, That 
of such amount $70,000,000 shall be available until September 30, 2024, 
for program direction.

                             Energy Projects

    For Department of Energy expenses necessary in carrying out 
community project funding activities, under the authority of the 
Department of Energy Organization Act (42 U.S.C. 7101 et seq.), 
$221,968,652, to remain available until expended, for projects specified 
in the table that appears under the heading ``Community Project Funding 
and Congressionally Directed Spending of Energy Projects'' in the 
explanatory statement described in section 4 (in the matter preceding 
division A of this consolidated Act).

                 Naval Petroleum and Oil Shale Reserves

    For Department of Energy expenses necessary to carry out naval 
petroleum and oil shale reserve activities, $13,004,000, to remain 
available until expended:  Provided, That notwithstanding any other 
provision of law, unobligated funds remaining from prior years shall be 
available for all naval petroleum and oil shale reserve activities.

                       Strategic Petroleum Reserve

    For Department of Energy expenses necessary for Strategic Petroleum 
Reserve facility development and operations and program management 
activities pursuant to the Energy Policy and Conservation Act (42 U.S.C. 
6201 et seq.), $207,175,000, to remain available until expended.

[[Page 136 STAT. 4634]]

                          SPR Petroleum Account

    For the acquisition, transportation, and injection of petroleum 
products, and for other necessary expenses pursuant to the Energy Policy 
and Conservation Act of 1975, as amended (42 U.S.C. 6201 et seq.), 
sections 403 and 404 of the Bipartisan Budget Act of 2015 (42 U.S.C. 
6241, 6239 note), section 32204 of the Fixing America's Surface 
Transportation Act (42 U.S.C. 6241 note), and section 30204 of the 
Bipartisan Budget Act of 2018 (42 U.S.C. 6241 note), $100,000, to remain 
available until expended:  Provided, That of the unobligated balances 
from amounts deposited under this heading pursuant to section 167(b)(3) 
of the Energy Policy and Conservation Act (42 U.S.C. 6247(b)(3)), 
$2,052,000,000 is hereby permanently rescinded not later than September 
30, 2023.

                   Northeast Home Heating Oil Reserve

    For Department of Energy expenses necessary for Northeast Home 
Heating Oil Reserve storage, operation, and management activities 
pursuant to the Energy Policy and Conservation Act (42 U.S.C. 6201 et 
seq.), $7,000,000, to remain available until expended.

                    Energy Information Administration

    For Department of Energy expenses necessary in carrying out the 
activities of the Energy Information Administration, $135,000,000, to 
remain available until expended.

                    Non-Defense Environmental Cleanup

    For Department of Energy expenses, including the purchase, 
construction, and acquisition of plant and capital equipment and other 
expenses necessary for non-defense environmental cleanup activities in 
carrying out the purposes of the Department of Energy Organization Act 
(42 U.S.C. 7101 et seq.), including the acquisition or condemnation of 
any real property or any facility or for plant or facility acquisition, 
construction, or expansion, and the purchase of one passenger motor 
vehicle, $358,583,000, to remain available until expended:  Provided, 
That in addition, fees collected pursuant to subsection (b)(1) of 
section 6939f of title 42, United States Code, and deposited under this 
heading in fiscal year 2023 pursuant to section 309 of title III of 
division C of Public Law 116-94 are appropriated, to remain available 
until expended, for mercury storage costs.

       Uranium Enrichment Decontamination and Decommissioning Fund

    For Department of Energy expenses necessary in carrying out uranium 
enrichment facility decontamination and decommissioning, remedial 
actions, and other activities of title II of the Atomic Energy Act of 
1954, and title X, subtitle A, of the Energy Policy Act of 1992, 
$879,052,000, to be derived from the Uranium Enrichment Decontamination 
and Decommissioning Fund, to remain available until expended, of which 
$14,800,000 shall be available in accordance with title X, subtitle A, 
of the Energy Policy Act of 1992.

[[Page 136 STAT. 4635]]

                                 Science

    For Department of Energy expenses including the purchase, 
construction, and acquisition of plant and capital equipment, and other 
expenses necessary for science activities in carrying out the purposes 
of the Department of Energy Organization Act (42 U.S.C. 7101 et seq.), 
including the acquisition or condemnation of any real property or any 
facility or for plant or facility acquisition, construction, or 
expansion, and purchase of not more than 35 passenger motor vehicles, 
including one ambulance, for replacement only, $8,100,000,000, to remain 
available until expended:  Provided, That of such amount, $211,211,000 
shall be available until September 30, 2024, for program direction.

                         Nuclear Waste Disposal

    For Department of Energy expenses necessary for nuclear waste 
disposal activities to carry out the purposes of the Nuclear Waste 
Policy Act of 1982, Public Law 97-425, as amended, $10,205,000, to 
remain available until expended, which shall be derived from the Nuclear 
Waste Fund.

                         Technology Transitions

    For Department of Energy expenses necessary for carrying out the 
activities of technology transitions, $22,098,000, to remain available 
until expended:  Provided, That of such amount, $13,183,000 shall be 
available until September 30, 2024, for program direction.

                       Clean Energy Demonstrations

    For Department of Energy expenses, including the purchase, 
construction, and acquisition of plant and capital equipment and other 
expenses necessary for clean energy demonstrations in carrying out the 
purposes of the Department of Energy Organization Act (42 U.S.C. 7101 et 
seq.), including the acquisition or condemnation of any real property or 
any facility or for plant or facility acquisition, construction, or 
expansion, $89,000,000, to remain available until expended:  Provided, 
That of such amount, $25,000,000 shall be available until September 30, 
2024, for program direction.

                Advanced Research Projects Agency--Energy

    For Department of Energy expenses necessary in carrying out the 
activities authorized by section 5012 of the America COMPETES Act 
(Public Law 110-69), $470,000,000, to remain available until expended:  
Provided, That of such amount, $37,000,000 shall be available until 
September 30, 2024, for program direction.

          Title 17 Innovative Technology Loan Guarantee Program

                     (including rescission of funds)

    Such sums as are derived from amounts received from borrowers 
pursuant to section 1702(b) of the Energy Policy Act of 2005 under this 
heading in prior Acts, shall be collected in accordance with section 
502(7) of the Congressional Budget Act of 1974:

[[Page 136 STAT. 4636]]

 Provided, That for necessary administrative expenses of the Title 17 
Innovative Technology Loan Guarantee Program, as authorized, $66,206,000 
is appropriated, to remain available until September 30, 2024:  Provided 
further, That up to $66,206,000 of fees collected in fiscal year 2023 
pursuant to section 1702(h) of the Energy Policy Act of 2005 shall be 
credited as offsetting collections under this heading and used for 
necessary administrative expenses in this appropriation and shall remain 
available until September 30, 2024:  Provided further, That to the 
extent that fees collected in fiscal year 2023 exceed $66,206,000, those 
excess amounts shall be credited as offsetting collections under this 
heading and available in future fiscal years only to the extent provided 
in advance in appropriations Acts:  Provided 
further, <<NOTE: Reduction.>> That the sum herein appropriated from the 
general fund shall be reduced (1) as such fees are received during 
fiscal year 2023 (estimated at $35,000,000) and (2) to the extent that 
any remaining general fund appropriations can be derived from fees 
collected in previous fiscal years that are not otherwise appropriated, 
so as to result in a final fiscal year 2023 appropriation from the 
general fund estimated at $0:  Provided further, That the Department of 
Energy shall not subordinate any loan obligation to other financing in 
violation of section 1702 of the Energy Policy Act of 2005 or 
subordinate any Guaranteed Obligation to any loan or other debt 
obligations in violation of section 609.10 of title 10, Code of Federal 
Regulations.

    Of the unobligated balances from amounts made available in the first 
proviso of section 1425 of the Department of Defense and Full-Year 
Continuing Appropriations Act, 2011 (Public Law 112-10) for the cost of 
loan guarantees under section 1703 of the Energy Policy Act of 2005, 
$150,000,000 are hereby permanently rescinded:  Provided, That, subject 
to section 502 of the Congressional Budget Act of 1974, commitments to 
guarantee loans for eligible projects under title XVII of the Energy 
Policy Act of 2005, shall not exceed a total principal amount of 
$15,000,000,000, to remain available until committed:  Provided further, 
That the amounts provided under this paragraph are in addition to those 
provided in any other Act:  Provided further, That for amounts collected 
pursuant to section 1702(b)(2) of the Energy Policy Act of 2005, the 
source of such payment received from borrowers may not be a loan or 
other debt obligation that is guaranteed by the Federal Government:  
Provided further, That none of such loan guarantee authority made 
available under this paragraph shall be available for commitments to 
guarantee loans for any projects where funds, personnel, or property 
(tangible or intangible) of any Federal agency, instrumentality, 
personnel, or affiliated entity are expected be used (directly or 
indirectly) through acquisitions, contracts, demonstrations, exchanges, 
grants, incentives, leases, procurements, sales, other transaction 
authority, or other arrangements, to support the project or to obtain 
goods or services from the project:  Provided 
further, <<NOTE: Determination.>>  That the preceding proviso shall not 
be interpreted as precluding the use of the loan guarantee authority 
provided under this paragraph for commitments to guarantee loans for: 
(1) projects as a result of such projects benefitting from otherwise 
allowable Federal income tax benefits; (2) projects as a result of such 
projects benefitting from being located on Federal land pursuant to a 
lease or right-of-way agreement for which all consideration for all uses 
is: (A) paid exclusively in cash; (B) deposited in the Treasury as 
offsetting receipts; and (C) equal to the fair

[[Page 136 STAT. 4637]]

market value as determined by the head of the relevant Federal agency; 
(3) projects as a result of such projects benefitting from Federal 
insurance programs, including under section 170 of the Atomic Energy Act 
of 1954 (42 U.S.C. 2210; commonly known as the ``Price-Anderson Act''); 
or (4) electric generation projects using transmission facilities owned 
or operated by a Federal Power Marketing Administration or the Tennessee 
Valley Authority that have been authorized, approved, and financed 
independent of the project receiving the guarantee:  Provided 
further, <<NOTE: Certification. Compliance.>>  That none of the loan 
guarantee authority made available under this paragraph shall be 
available for any project unless the Director of the Office of 
Management and Budget has certified in advance in writing that the loan 
guarantee and the project comply with the provisions under this 
paragraph.

         Advanced Technology Vehicles Manufacturing Loan Program

    For Department of Energy administrative expenses necessary in 
carrying out the Advanced Technology Vehicles Manufacturing Loan 
Program, $9,800,000, to remain available until September 30, 2024.

                  Tribal Energy Loan Guarantee Program

    For Department of Energy administrative expenses necessary in 
carrying out the Tribal Energy Loan Guarantee Program, $2,000,000, to 
remain available until September 30, 2024:  Provided, That <<NOTE: 25 
USC 3502 note.>>  in this fiscal year and subsequent fiscal years, under 
section 2602(c) of the Energy Policy Act of 1992 (25 U.S.C. 3502(c)), 
the Secretary of Energy may also provide direct loans, as defined in 
section 502 of the Congressional Budget Act of 1974 (2 U.S.C. 661a):  
Provided further, <<NOTE: 25 USC 3502 note.>>  That such direct loans 
shall be made through the Federal Financing Bank, with the full faith 
and credit of the United States Government on the principal and 
interest:  Provided further, <<NOTE: 25 USC 3502 note.>>  That any funds 
previously appropriated for the cost of loan guarantees under section 
2602(c) of the Energy Policy Act of 1992 (25 U.S.C. 3502(c)) may also be 
used, in this fiscal year and subsequent fiscal years, for the cost of 
direct loans provided under such section of such Act:  Provided further, 
That for the cost of direct loans for the Tribal Energy Loan Guarantee 
Program as provided for in the preceding three provisos and for the cost 
of guaranteed loans for such program under section 2602(c) of the Energy 
Policy Act of 1992 (25 U.S.C. 3502(c)), $2,000,000, to remain available 
until expended:  Provided further, That such costs, including the cost 
of modifying such loans, shall be as defined in section 502 of the 
Congressional Budget Act of 1974 (2 U.S.C. 661a).

                    Indian Energy Policy and Programs

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

[[Page 136 STAT. 4638]]

                       Departmental Administration

    For salaries and expenses of the Department of Energy necessary for 
departmental administration in carrying out the purposes of the 
Department of Energy Organization Act (42 U.S.C. 7101 et seq.), 
$383,578,000, to remain available until September 30, 2024, including 
the hire of passenger motor vehicles and official reception and 
representation expenses not to exceed $30,000, plus such additional 
amounts as necessary to cover increases in the estimated amount of cost 
of work for others notwithstanding the provisions of the Anti-Deficiency 
Act (31 U.S.C. 1511 et seq.):  Provided, That such increases in cost of 
work are offset by revenue increases of the same or greater amount:  
Provided further, That moneys received by the Department for 
miscellaneous revenues estimated to total $100,578,000 in fiscal year 
2023 may be retained and used for operating expenses within this 
account, as authorized by section 201 of Public Law 95-238, 
notwithstanding the provisions of 31 U.S.C. 3302:  Provided 
further, <<NOTE: Reduction.>> That the sum herein appropriated shall be 
reduced as collections are received during the fiscal year so as to 
result in a final fiscal year 2023 appropriation from the general fund 
estimated at not more than $283,000,000.

                     Office of the Inspector General

    For expenses necessary for the Office of the Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, 
$86,000,000, to remain available until September 30, 2024.

                    ATOMIC ENERGY DEFENSE ACTIVITIES

                NATIONAL NUCLEAR SECURITY ADMINISTRATION

                           Weapons Activities

    For Department of Energy expenses, including the purchase, 
construction, and acquisition of plant and capital equipment and other 
incidental expenses necessary for atomic energy defense weapons 
activities in carrying out the purposes of the Department of Energy 
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or 
condemnation of any real property or any facility or for plant or 
facility acquisition, construction, or expansion, $17,116,119,000, to 
remain available until expended:  Provided, That of such amount, 
$130,070,000 shall be available until September 30, 2024, for program 
direction.

                    Defense Nuclear Nonproliferation

    For Department of Energy expenses, including the purchase, 
construction, and acquisition of plant and capital equipment and other 
incidental expenses necessary for defense nuclear nonproliferation 
activities, in carrying out the purposes of the Department of Energy 
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or 
condemnation of any real property or any facility or for plant or 
facility acquisition, construction, or expansion, $2,490,000,000, to 
remain available until expended.

[[Page 136 STAT. 4639]]

                             Naval Reactors

                      (including transfer of funds)

    For Department of Energy expenses necessary for naval reactors 
activities to carry out the Department of Energy Organization Act (42 
U.S.C. 7101 et seq.), including the acquisition (by purchase, 
condemnation, construction, or otherwise) of real property, plant, and 
capital equipment, facilities, and facility expansion, $2,081,445,000, 
to remain available until expended, of which, $99,747,000 shall be 
transferred to ``Department of Energy--Energy Programs--Nuclear 
Energy'', for the Advanced Test Reactor:  Provided, That of such amount, 
$58,525,000 shall be available until September 30, 2024, for program 
direction.

                      Federal Salaries and Expenses

    For expenses necessary for Federal Salaries and Expenses in the 
National Nuclear Security Administration, $475,000,000, to remain 
available until September 30, 2024, including official reception and 
representation expenses not to exceed $17,000.

               ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES

                      Defense Environmental Cleanup

    For Department of Energy expenses, including the purchase, 
construction, and acquisition of plant and capital equipment and other 
expenses necessary for atomic energy defense environmental cleanup 
activities in carrying out the purposes of the Department of Energy 
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or 
condemnation of any real property or any facility or for plant or 
facility acquisition, construction, or expansion, $7,025,000,000, to 
remain available until expended:  Provided, That of such amount, 
$317,002,000 shall be available until September 30, 2024, for program 
direction.

     Defense Uranium Enrichment Decontamination and Decommissioning

                      (including transfer of funds)

    For an additional amount for atomic energy defense environmental 
cleanup activities for Department of Energy contributions for uranium 
enrichment decontamination and decommissioning activities, $586,035,000, 
to be deposited into the Defense Environmental Cleanup account, which 
shall be transferred to the ``Uranium Enrichment Decontamination and 
Decommissioning Fund''.

                        Other Defense Activities

    For Department of Energy expenses, including the purchase, 
construction, and acquisition of plant and capital equipment and other 
expenses, necessary for atomic energy defense, other defense activities, 
and classified activities, in carrying out the purposes of the 
Department of Energy Organization Act (42 U.S.C. 7101 et seq.), 
including the acquisition or condemnation of any real

[[Page 136 STAT. 4640]]

property or any facility or for plant or facility acquisition, 
construction, or expansion, $1,035,000,000, to remain available until 
expended:  Provided, That of such amount, $364,734,000 shall be 
available until September 30, 2024, for program direction.

                     POWER MARKETING ADMINISTRATIONS

                  Bonneville Power Administration Fund

    Expenditures from the Bonneville Power Administration Fund, 
established pursuant to Public Law 93-454, are approved for the Colville 
Tribes Residents Fish Hatchery Expansion, Chief Joseph Hatchery Water 
Quality Project, and Umatilla Hatchery Facility Project and, in 
addition, for official reception and representation expenses in an 
amount not to exceed $5,000:  Provided, That during fiscal year 2023, no 
new direct loan obligations may be made.

      Operation and Maintenance, Southeastern Power Administration

    For expenses necessary for operation and maintenance of power 
transmission facilities and for marketing electric power and energy, 
including transmission wheeling and ancillary services, pursuant to 
section 5 of the Flood Control Act of 1944 (16 U.S.C. 825s), as applied 
to the southeastern power area, $8,173,000, including official reception 
and representation expenses in an amount not to exceed $1,500, to remain 
available until expended:  Provided, That notwithstanding 31 U.S.C. 3302 
and section 5 of the Flood Control Act of 1944, up to $8,173,000 
collected by the Southeastern Power Administration from the sale of 
power and related services shall be credited to this account as 
discretionary offsetting collections, to remain available until expended 
for the sole purpose of funding the annual expenses of the Southeastern 
Power Administration:  Provided further, <<NOTE: Reduction.>> That the 
sum herein appropriated for annual expenses shall be reduced as 
collections are received during the fiscal year so as to result in a 
final fiscal year 2023 appropriation estimated at not more than $0:  
Provided further, That notwithstanding 31 U.S.C. 3302, up to $78,696,000 
collected by the Southeastern Power Administration pursuant to the Flood 
Control Act of 1944 to recover purchase power and wheeling expenses 
shall be credited to this account as offsetting collections, to remain 
available until expended for the sole purpose of making purchase power 
and wheeling expenditures:  Provided further, That for purposes of this 
appropriation, annual expenses means expenditures that are generally 
recovered in the same year that they are incurred (excluding purchase 
power and wheeling expenses).

      Operation and Maintenance, Southwestern Power Administration

    For expenses necessary for operation and maintenance of power 
transmission facilities and for marketing electric power and energy, for 
construction and acquisition of transmission lines, substations and 
appurtenant facilities, and for administrative expenses, including 
official reception and representation expenses in an amount not to 
exceed $1,500 in carrying out section 5 of the Flood Control Act of 1944 
(16 U.S.C. 825s), as applied to the Southwestern Power Administration, 
$53,488,000, to remain available until

[[Page 136 STAT. 4641]]

expended:  Provided, That notwithstanding 31 U.S.C. 3302 and section 5 
of the Flood Control Act of 1944 (16 U.S.C. 825s), up to $42,880,000 
collected by the Southwestern Power Administration from the sale of 
power and related services shall be credited to this account as 
discretionary offsetting collections, to remain available until 
expended, for the sole purpose of funding the annual expenses of the 
Southwestern Power Administration:  Provided further, 
That <<NOTE: Reduction.>>  the sum herein appropriated for annual 
expenses shall be reduced as collections are received during the fiscal 
year so as to result in a final fiscal year 2023 appropriation estimated 
at not more than $10,608,000:  Provided further, That notwithstanding 31 
U.S.C. 3302, up to $70,000,000 collected by the Southwestern Power 
Administration pursuant to the Flood Control Act of 1944 to recover 
purchase power and wheeling expenses shall be credited to this account 
as offsetting collections, to remain available until expended for the 
sole purpose of making purchase power and wheeling expenditures:  
Provided further, That for purposes of this appropriation, annual 
expenses means expenditures that are generally recovered in the same 
year that they are incurred (excluding purchase power and wheeling 
expenses).

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

    For carrying out the functions authorized by title III, section 
302(a)(1)(E) of the Act of August 4, 1977 (42 U.S.C. 7152), and other 
related activities including conservation and renewable resources 
programs as authorized, $299,573,000, including official reception and 
representation expenses in an amount not to exceed $1,500, to remain 
available until expended, of which $299,573,000 shall be derived from 
the Department of the Interior Reclamation Fund:  Provided, That 
notwithstanding 31 U.S.C. 3302, section 5 of the Flood Control Act of 
1944 (16 U.S.C. 825s), and section 1 of the Interior Department 
Appropriation Act, 1939 (43 U.S.C. 392a), up to $200,841,000 collected 
by the Western Area Power Administration from the sale of power and 
related services shall be credited to this account as discretionary 
offsetting collections, to remain available until expended, for the sole 
purpose of funding the annual expenses of the Western Area Power 
Administration:  Provided further, <<NOTE: Reduction.>> That the sum 
herein appropriated for annual expenses shall be reduced as collections 
are received during the fiscal year so as to result in a final fiscal 
year 2023 appropriation estimated at not more than $98,732,000, of which 
$98,732,000 is derived from the Reclamation Fund:  Provided further, 
That notwithstanding 31 U.S.C. 3302, up to $475,000,000 collected by the 
Western Area Power Administration pursuant to the Flood Control Act of 
1944 and the Reclamation Project Act of 1939 to recover purchase power 
and wheeling expenses shall be credited to this account as offsetting 
collections, to remain available until expended for the sole purpose of 
making purchase power and wheeling expenditures:  Provided further, That 
for purposes of this appropriation, annual expenses means expenditures 
that are generally recovered in the same year that they are incurred 
(excluding purchase power and wheeling expenses).

[[Page 136 STAT. 4642]]

            Falcon and Amistad Operating and Maintenance Fund

    For operation, maintenance, and emergency costs for the 
hydroelectric facilities at the Falcon and Amistad Dams, $6,330,000, to 
remain available until expended, and to be derived from the Falcon and 
Amistad Operating and Maintenance Fund of the Western Area Power 
Administration, as provided in section 2 of the Act of June 18, 1954 (68 
Stat. 255):  Provided, That notwithstanding the provisions of that Act 
and of 31 U.S.C. 3302, up to $6,102,000 collected by the Western Area 
Power Administration from the sale of power and related services from 
the Falcon and Amistad Dams shall be credited to this account as 
discretionary offsetting collections, to remain available until expended 
for the sole purpose of funding the annual expenses of the hydroelectric 
facilities of these Dams and associated Western Area Power 
Administration activities:  Provided further, <<NOTE: Reduction.>> That 
the sum herein appropriated for annual expenses shall be reduced as 
collections are received during the fiscal year so as to result in a 
final fiscal year 2023 appropriation estimated at not more than 
$228,000:  Provided further, That for purposes of this appropriation, 
annual expenses means expenditures that are generally recovered in the 
same year that they are incurred:  Provided further, That for fiscal 
year 2023, the Administrator of the Western Area Power Administration 
may accept up to $1,598,000 in funds contributed by United States power 
customers of the Falcon and Amistad Dams for deposit into the Falcon and 
Amistad Operating and Maintenance Fund, and such funds shall be 
available for the purpose for which contributed in like manner as if 
said sums had been specifically appropriated for such purpose:  Provided 
further, That any such funds shall be available without further 
appropriation and without fiscal year limitation for use by the 
Commissioner of the United States Section of the International Boundary 
and Water Commission for the sole purpose of operating, maintaining, 
repairing, rehabilitating, replacing, or upgrading the hydroelectric 
facilities at these Dams in accordance with agreements reached between 
the Administrator, Commissioner, and the power customers.

                  Federal Energy Regulatory Commission

                          salaries and expenses

    For expenses necessary for the Federal Energy Regulatory Commission 
to carry out the provisions of the Department of Energy Organization Act 
(42 U.S.C. 7101 et seq.), including services as authorized by 5 U.S.C. 
3109, official reception and representation expenses not to exceed 
$3,000, and the hire of passenger motor vehicles, $508,400,000, to 
remain available until expended:  Provided, <<NOTE: 42 USC 7171 note.>>  
That notwithstanding any other provision of law, not to exceed 
$508,400,000 of revenues from fees and annual charges, and other 
services and collections in fiscal year 2023 shall be retained and used 
for expenses necessary in this account, and shall remain available until 
expended:  Provided further, <<NOTE: Reduction. 42 USC 7171 
note.>>  <<NOTE: Notifications. Time period.>> That the sum herein 
appropriated from the general fund shall be reduced as revenues are 
received during fiscal year 2023 so as to result in a final fiscal year 
2023 appropriation from the general fund estimated at not more than $0.

[[Page 136 STAT. 4643]]

                GENERAL PROVISIONS--DEPARTMENT OF ENERGY

    Sec. 301. (a) No appropriation, funds, or authority made available 
by this title for the Department of Energy shall be used to initiate or 
resume any program, project, or activity or to prepare or initiate 
Requests For Proposals or similar arrangements (including Requests for 
Quotations, Requests for Information, and Funding Opportunity 
Announcements) for a program, project, or activity if the program, 
project, or activity has not been funded by Congress.
    (b)(1) <<NOTE: Notifications. Time period.>>  Unless the Secretary 
of Energy notifies the Committees on Appropriations of both Houses of 
Congress at least 3 full business days in advance, none of the funds 
made available in this title may be used to--
            (A) <<NOTE: Grants.>>  make a grant allocation or 
        discretionary grant award totaling $1,000,000 or more;
            (B) <<NOTE: Contracts.>>  make a discretionary contract 
        award or Other Transaction Agreement totaling $1,000,000 or 
        more, including a contract covered by the Federal Acquisition 
        Regulation;
            (C) issue a letter of intent to make an allocation, award, 
        or Agreement in excess of the limits in subparagraph (A) or (B); 
        or
            (D) announce publicly the intention to make an allocation, 
        award, or Agreement in excess of the limits in subparagraph (A) 
        or (B).

    (2) <<NOTE: Reports.>>  The Secretary of Energy shall submit to the 
Committees on Appropriations of both Houses of Congress within 15 days 
of the conclusion of each quarter a report detailing each grant 
allocation or discretionary grant award totaling less than $1,000,000 
provided during the previous quarter.

    (3) The notification required by paragraph (1) and the report 
required by paragraph (2) shall include the recipient of the award, the 
amount of the award, the fiscal year for which the funds for the award 
were appropriated, the account and program, project, or activity from 
which the funds are being drawn, the title of the award, and a brief 
description of the activity for which the award is made.
    (c) <<NOTE: Contracts. Grants.>>  The Department of Energy may not, 
with respect to any program, project, or activity that uses budget 
authority made available in this title under the heading ``Department of 
Energy--Energy Programs'', enter into a multiyear contract, award a 
multiyear grant, or enter into a multiyear cooperative agreement 
unless--
            (1) the contract, grant, or cooperative agreement is funded 
        for the full period of performance as anticipated at the time of 
        award; or
            (2) <<NOTE: Notifications. Time period.>>  the contract, 
        grant, or cooperative agreement includes a clause conditioning 
        the Federal Government's obligation on the availability of 
        future year budget authority and the Secretary notifies the 
        Committees on Appropriations of both Houses of Congress at least 
        3 days in advance.

    (d) Except as provided in subsections (e), (f), and (g), the amounts 
made available by this title shall be expended as authorized by law for 
the programs, projects, and activities specified in the ``Final Bill'' 
column in the ``Department of Energy'' table included under the heading 
``Title III--Department of Energy'' in the explanatory statement 
described in section 4 (in the matter preceding division A of this 
consolidated Act).

[[Page 136 STAT. 4644]]

    (e) <<NOTE: Notifications. Advance approvals. Time period.>>  The 
amounts made available by this title may be reprogrammed for any 
program, project, or activity, and the Department shall notify, and 
obtain the prior approval of, the Committees on Appropriations of both 
Houses of Congress at least 30 days prior to the use of any proposed 
reprogramming that would cause any program, project, or activity funding 
level to increase or decrease by more than $5,000,000 or 10 percent, 
whichever is less, during the time period covered by this Act.

    (f) None of the funds provided in this title shall be available for 
obligation or expenditure through a reprogramming of funds that--
            (1) creates, initiates, or eliminates a program, project, or 
        activity;
            (2) increases funds or personnel for any program, project, 
        or activity for which funds are denied or restricted by this 
        Act; or
            (3) reduces funds that are directed to be used for a 
        specific program, project, or activity by this Act.

    (g)(1) <<NOTE: Waiver authority.>>  The Secretary of Energy may 
waive any requirement or restriction in this section that applies to the 
use of funds made available for the Department of Energy if compliance 
with such requirement or restriction would pose a substantial risk to 
human health, the environment, welfare, or national security.

    (2) <<NOTE: Notifications. Deadline.>>  The Secretary of Energy 
shall notify the Committees on Appropriations of both Houses of Congress 
of any waiver under paragraph (1) as soon as practicable, but not later 
than 3 days after the date of the activity to which a requirement or 
restriction would otherwise have applied. Such notice shall include an 
explanation of the substantial risk under paragraph (1) that permitted 
such waiver.

    (h) The unexpended balances of prior appropriations provided for 
activities in this Act may be available to the same appropriation 
accounts for such activities established pursuant to this title. 
Available balances may be merged with funds in the applicable 
established accounts and thereafter may be accounted for as one fund for 
the same time period as originally enacted.
    Sec. 302.  Funds appropriated by this or any other Act, or made 
available by the transfer of funds in this Act, for intelligence 
activities are deemed to be specifically authorized by the Congress for 
purposes of section 504 of the National Security Act of 1947 (50 U.S.C. 
3094) during fiscal year 2023 until the enactment of the Intelligence 
Authorization Act for fiscal year 2023.
    Sec. 303. <<NOTE: Oversight. Compliance.>>   None of the funds made 
available in this title shall be used for the construction of facilities 
classified as high-hazard nuclear facilities under 10 CFR Part 830 
unless independent oversight is conducted by the Office of Enterprise 
Assessments to ensure the project is in compliance with nuclear safety 
requirements.

    Sec. 304. <<NOTE: Cost estimate.>>   None of the funds made 
available in this title may be used to approve critical decision-2 or 
critical decision-3 under Department of Energy Order 413.3B, or any 
successive departmental guidance, for construction projects where the 
total project cost exceeds $100,000,000, until a separate independent 
cost estimate has been developed for the project for that critical 
decision.

    Sec. 305. <<NOTE: Determination. President.>>   Notwithstanding 
section 161 of the Energy Policy and Conservation Act (42 U.S.C. 6241), 
upon a determination by the President in this fiscal year that a 
regional supply shortage of refined petroleum product of significant 
scope and duration exists,

[[Page 136 STAT. 4645]]

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

    Sec. 306.  No funds shall be transferred directly from ``Department 
of Energy--Power Marketing Administration--Colorado River Basins Power 
Marketing Fund, Western Area Power Administration'' to the general fund 
of the Treasury in the current fiscal year.
    Sec. 307.  All unavailable collections currently in the United 
States Enrichment Corporation Fund shall be transferred to and merged 
with the Uranium Enrichment Decontamination and Decommissioning Fund and 
shall be available only to the extent provided in advance in 
appropriations Acts.
    Sec. 308. <<NOTE: Repeals.>>   Subparagraphs (B) and (C) of section 
40401(a)(2) of Public Law 117-58, paragraph (3) of section 1702(r) of 
the Energy Policy Act of 2005 (42 U.S.C. 16512(r)(3)) as added by 
section 40401(c)(2)(C) of Public Law 117-58, and subsection (l) of 
section 136 of the Energy Independence and Security Act of 2007 (42 
U.S.C. 17013(l)), are hereby repealed.

    Sec. 309. <<NOTE: Property interests. 42 USC 7274l-1.>>  (a) 
Hereafter, for energy development, demonstration, and deployment 
programs funded under Department of Energy appropriations (other than 
those for the National Nuclear Security Administration and Office of 
Environmental Management) provided for fiscal year 2022, the current 
fiscal year, or any fiscal year thereafter (including by Acts other than 
appropriations Acts), the Secretary may vest unconditional title or 
other property interests acquired under projects in an award recipient, 
subrecipient, or successor in interest, including the United States, at 
the conclusion of the award period for projects receiving an initial 
award in fiscal year 2022 or later.

    (b) Upon vesting unconditional title pursuant to subsection (a) in 
an award recipient, subrecipient, or successor in interest other than 
the United States, the United States shall have no liabilities or 
obligations to the property.
    (c) <<NOTE: Definition.>>  For purposes of this section, the term 
``property interest'' does not include any interest in intellectual 
property developed using funding provided under a project.

    Sec. 310.  None of the funds made available in this title may be 
used to support a grant allocation award, discretionary grant award, or 
cooperative agreement that exceeds $100,000,000 in Federal funding 
unless the project is carried out through internal independent project 
management procedures.

[[Page 136 STAT. 4646]]

                                TITLE IV

                          INDEPENDENT AGENCIES

                     Appalachian Regional Commission

    For expenses necessary to carry out the programs authorized by the 
Appalachian Regional Development Act of 1965, as amended, and for 
expenses necessary for the Federal Co-Chairman and the Alternate on the 
Appalachian Regional Commission, for payment of the Federal share of the 
administrative expenses of the Commission, including services as 
authorized by 5 U.S.C. 3109, and hire of passenger motor vehicles, 
$200,000,000, to remain available until expended.

                 Defense Nuclear Facilities Safety Board

                          salaries and expenses

    For expenses necessary for the Defense Nuclear Facilities Safety 
Board in carrying out activities authorized by the Atomic Energy Act of 
1954, as amended by Public Law 100-456, section 1441, $41,401,000, to 
remain available until September 30, 2024, of which not to exceed $1,000 
shall be available for official reception and representation expenses.

                        Delta Regional Authority

                          salaries and expenses

    For expenses necessary for the Delta Regional Authority and to carry 
out its activities, as authorized by the Delta Regional Authority Act of 
2000, notwithstanding sections 382F(d), 382M, and 382N of said Act, 
$30,100,000, to remain available until expended.

                            Denali Commission

    For expenses necessary for the Denali Commission including the 
purchase, construction, and acquisition of plant and capital equipment 
as necessary and other expenses, $17,000,000, to remain available until 
expended, notwithstanding the limitations contained in section 306(g) of 
the Denali Commission Act of 1998:  Provided, That funds shall be 
available for construction projects for which the Denali Commission is 
the sole or primary funding source in an amount not to exceed 80 percent 
of total project cost for distressed communities, as defined by section 
307 of the Denali Commission Act of 1998 (division C, title III, Public 
Law 105-277), as amended by section 701 of appendix D, title VII, Public 
Law 106-113 (113 Stat. 1501A-280), and an amount not to exceed 50 
percent for non-distressed communities:  Provided further, That 
notwithstanding any other provision of law regarding payment of a non-
Federal share in connection with a grant-in-aid program, amounts under 
this heading shall be available for the payment of such a non-Federal 
share for any project for which the Denali Commission is not the sole or 
primary funding source, provided that such project is consistent with 
the purposes of the Commission.

[[Page 136 STAT. 4647]]

                   Northern Border Regional Commission

    For expenses necessary for the Northern Border Regional Commission 
in carrying out activities authorized by subtitle V of title 40, United 
States Code, $40,000,000, to remain available until expended:  Provided, 
That such amounts shall be available for administrative expenses, 
notwithstanding section 15751(b) of title 40, United States Code.

                 Southeast Crescent Regional Commission

    For expenses necessary for the Southeast Crescent Regional 
Commission in carrying out activities authorized by subtitle V of title 
40, United States Code, $20,000,000, to remain available until expended.

                  Southwest Border Regional Commission

    For expenses necessary for the Southwest Border Regional Commission 
in carrying out activities authorized by subtitle V of title 40, United 
States Code, $5,000,000, to remain available until expended.

                      Nuclear Regulatory Commission

                          salaries and expenses

    For expenses necessary for the Commission in carrying out the 
purposes of the Energy Reorganization Act of 1974 and the Atomic Energy 
Act of 1954, $911,384,000, including official representation expenses 
not to exceed $25,000, to remain available until expended:  Provided, 
That of the amount appropriated herein, not more than $9,500,000 may be 
made available for salaries, travel, and other support costs for the 
Office of the Commission, to remain available until September 30, 2024:  
Provided further, That revenues from licensing fees, inspection 
services, and other services and collections estimated at $777,498,000 
in fiscal year 2023 shall be retained and used for necessary salaries 
and expenses in this account, notwithstanding 31 U.S.C. 3302, and shall 
remain available until expended:  Provided 
further, <<NOTE: Reduction.>> That the sum herein appropriated shall be 
reduced by the amount of revenues received during fiscal year 2023 so as 
to result in a final fiscal year 2023 appropriation estimated at not 
more than $133,886,000.

                       office of inspector general

    For expenses necessary for the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, 
$15,769,000, to remain available until September 30, 2024:  Provided, 
That revenues from licensing fees, inspection services, and other 
services and collections estimated at $12,655,000 in fiscal year 2023 
shall be retained and be available until September 30, 2024, for 
necessary salaries and expenses in this account, notwithstanding section 
3302 of title 31, United States Code:  Provided 
further, <<NOTE: Reduction.>> That the sum herein appropriated shall be 
reduced by the amount of revenues received during fiscal year 2023 so as 
to result in a final fiscal year 2023 appropriation estimated at not 
more than $3,114,000:  Provided further, That of the amounts

[[Page 136 STAT. 4648]]

appropriated under this heading, $1,520,000 shall be for Inspector 
General services for the Defense Nuclear Facilities Safety Board.

                  Nuclear Waste Technical Review Board

                          salaries and expenses

    For expenses necessary for the Nuclear Waste Technical Review Board, 
as authorized by Public Law 100-203, section 5051, $3,945,000, to be 
derived from the Nuclear Waste Fund, to remain available until September 
30, 2024.

                GENERAL PROVISIONS--INDEPENDENT AGENCIES

    Sec. 401. <<NOTE: Compliance.>>   The Nuclear Regulatory Commission 
shall comply with the July 5, 2011, version of Chapter VI of its 
Internal Commission Procedures when responding to Congressional requests 
for information, consistent with Department of Justice guidance for all 
Federal agencies.

    Sec. 402. (a) <<NOTE: Notifications. Time period.>>  The amounts 
made available by this title for the Nuclear Regulatory Commission may 
be reprogrammed for any program, project, or activity, and the 
Commission shall notify the Committees on Appropriations of both Houses 
of Congress at least 30 days prior to the use of any proposed 
reprogramming that would cause any program funding level to increase or 
decrease by more than $500,000 or 10 percent, whichever is less, during 
the time period covered by this Act.

    (b)(1) <<NOTE: Waiver authority.>>  The Nuclear Regulatory 
Commission may waive the notification requirement in subsection (a) if 
compliance with such requirement would pose a substantial risk to human 
health, the environment, welfare, or national security.

    (2) <<NOTE: Notifications. Deadline.>>  The Nuclear Regulatory 
Commission shall notify the Committees on Appropriations of both Houses 
of Congress of any waiver under paragraph (1) as soon as practicable, 
but not later than 3 days after the date of the activity to which a 
requirement or restriction would otherwise have 
applied. <<NOTE: Reports.>>  Such notice shall include an explanation of 
the substantial risk under paragraph (1) that permitted such waiver and 
shall provide a detailed report to the Committees of such waiver and 
changes to funding levels to programs, projects, or activities.

    (c) Except as provided in subsections (a), (b), and (d), the amounts 
made available by this title for ``Nuclear Regulatory Commission--
Salaries and Expenses'' shall be expended as directed in the explanatory 
statement described in section 4 (in the matter preceding division A of 
this consolidated Act).
    (d) None of the funds provided for the Nuclear Regulatory Commission 
shall be available for obligation or expenditure through a reprogramming 
of funds that increases funds or personnel for any program, project, or 
activity for which funds are denied or restricted by this Act.
    (e) <<NOTE: Reports.>>  The Commission shall provide a monthly 
report to the Committees on Appropriations of both Houses of Congress, 
which includes the following for each program, project, or activity, 
including any prior year appropriations--
            (1) total budget authority;
            (2) total unobligated balances; and
            (3) total unliquidated obligations.

[[Page 136 STAT. 4649]]

                                 TITLE V

                           GENERAL PROVISIONS

                      (including transfer of funds)

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

    Sec. 502. (a) None of the funds made available in title III of this 
Act may be transferred to any department, agency, or instrumentality of 
the United States Government, except pursuant to a transfer made by or 
transfer authority provided in this Act or any other appropriations Act 
for any fiscal year, transfer authority referenced in the explanatory 
statement described in section 4 (in the matter preceding division A of 
this consolidated Act), or any authority whereby a department, agency, 
or instrumentality of the United States Government may provide goods or 
services to another department, agency, or instrumentality.
    (b) None of the funds made available for any department, agency, or 
instrumentality of the United States Government may be transferred to 
accounts funded in title III of this Act, except pursuant to a transfer 
made by or transfer authority provided in this Act or any other 
appropriations Act for any fiscal year, transfer authority referenced in 
the explanatory statement described in section 4 (in the matter 
preceding division A of this consolidated Act), or any authority whereby 
a department, agency, or instrumentality of the United States Government 
may provide goods or services to another department, agency, or 
instrumentality.
    (c) <<NOTE: Reports. Time periods.>>  The head of any relevant 
department or agency funded in this Act utilizing any transfer authority 
shall submit to the Committees on Appropriations of both Houses of 
Congress a semiannual report detailing the transfer authorities, except 
for any authority whereby a department, agency, or instrumentality of 
the United States Government may provide goods or services to another 
department, agency, or instrumentality, used in the previous 6 months 
and in the year-to-date. This report shall include the amounts 
transferred and the purposes for which they were transferred, and shall 
not replace or modify existing notification requirements for each 
authority.

    Sec. 503.  None of the funds made available by this Act may be used 
in contravention of Executive Order No. 12898 of February 11, 1994 
(Federal Actions to Address Environmental Justice in Minority 
Populations and Low-Income Populations).
    Sec. 504. (a) <<NOTE: Pornography.>>  None of the funds made 
available in this Act may be used to maintain or establish a computer 
network unless such network blocks the viewing, downloading, and 
exchanging of pornography.

    (b) Nothing in subsection (a) shall limit the use of funds necessary 
for any Federal, State, Tribal, or local law enforcement agency or any 
other entity carrying out criminal investigations, prosecution, or 
adjudication activities.
    This division may be cited as the ``Energy and Water Development and 
Related Agencies Appropriations Act, 2023''.

[[Page 136 STAT. 4650]]

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

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

                       DEPARTMENT OF THE TREASURY

                          Departmental Offices

                          salaries and expenses

    For necessary expenses of the Departmental Offices including 
operation and maintenance of the Treasury Building and Freedman's Bank 
Building; hire of passenger motor vehicles; maintenance, repairs, and 
improvements of, and purchase of commercial insurance policies for, real 
properties leased or owned overseas, when necessary for the performance 
of official business; executive direction program activities; 
international affairs and economic policy activities; domestic finance 
and tax policy activities, including technical assistance to State, 
local, and territorial entities; and Treasury-wide management policies 
and programs activities, $273,882,000, of which not less than 
$12,000,000 shall be available for the administration of financial 
assistance, in addition to amounts otherwise available for such 
purposes:  Provided, That of the amount appropriated under this 
heading--
            (1) not to exceed $350,000 is for official reception and 
        representation expenses;
            (2) not to exceed $258,000 is for unforeseen emergencies of 
        a confidential nature to be allocated and expended under the 
        direction of the Secretary of the Treasury and to be accounted 
        for solely on the Secretary's certificate; and
            (3) not to exceed $34,000,000 shall remain available until 
        September 30, 2024, for--
                    (A) the Treasury-wide Financial Statement Audit and 
                Internal Control Program;
                    (B) information technology modernization 
                requirements;
                    (C) the audit, oversight, and administration of the 
                Gulf Coast Restoration Trust Fund;
                    (D) the development and implementation of programs 
                within the Office of Cybersecurity and Critical 
                Infrastructure Protection, including entering into 
                cooperative agreements;
                    (E) operations and maintenance of facilities; and
                    (F) international operations.

        committee on foreign investment in the united states fund

                      (including transfer of funds)

    For necessary expenses of the Committee on Foreign Investment in the 
United States, $21,000,000, to remain available until expended:  
Provided, <<NOTE: Notifications.>>  That the chairperson of the 
Committee may transfer such amounts to any department or agency 
represented on the Committee (including the Department of the Treasury) 
subject to advance notification to the Committees on Appropriations of 
the House of Representatives and the Senate:  Provided further, That 
amounts so transferred shall remain available until expended

[[Page 136 STAT. 4651]]

for expenses of implementing section 721 of the Defense Production Act 
of 1950, as amended (50 U.S.C. 4565), and shall be available in addition 
to any other funds available to any department or agency:  Provided 
further, That fees authorized by section 721(p) of such Act shall be 
credited to this appropriation as offsetting collections:  Provided 
further, <<NOTE: Reduction.>> That the total amount appropriated under 
this heading from the general fund shall be reduced as such offsetting 
collections are received during fiscal year 2023, so as to result in a 
total appropriation from the general fund estimated at not more than $0.

             office of terrorism and financial intelligence

                          salaries and expenses

    For the necessary expenses of the Office of Terrorism and Financial 
Intelligence to safeguard the financial system against illicit use and 
to combat rogue nations, terrorist facilitators, weapons of mass 
destruction proliferators, human rights abusers, money launderers, drug 
kingpins, and other national security threats, $216,059,000, of which 
not less than $3,000,000 shall be available for addressing human rights 
violations and corruption, including activities authorized by the Global 
Magnitsky Human Rights Accountability Act (22 U.S.C. 2656 note):  
Provided, That of the amounts appropriated under this heading, up to 
$12,000,000 shall remain available until September 30, 2024.

                    cybersecurity enhancement account

    For salaries and expenses for enhanced cybersecurity for systems 
operated by the Department of the Treasury, $100,000,000, to remain 
available until September 30, 2025:  Provided, That such funds shall 
supplement and not supplant any other amounts made available to the 
Treasury offices and bureaus for cybersecurity:  Provided further, That 
of the total amount made available under this heading $6,000,000 shall 
be available for administrative expenses for the Treasury Chief 
Information Officer to provide oversight of the investments made under 
this heading:  Provided further, That such funds shall supplement and 
not supplant any other amounts made available to the Treasury Chief 
Information Officer.

        department-wide systems and capital investments programs

                      (including transfer of funds)

    For development and acquisition of automatic data processing 
equipment, software, and services and for repairs and renovations to 
buildings owned by the Department of the Treasury, $11,118,000, to 
remain available until September 30, 2025:  Provided, That these funds 
shall be transferred to accounts and in amounts as necessary to satisfy 
the requirements of the Department's offices, bureaus, and other 
organizations:  Provided further, That this transfer authority shall be 
in addition to any other transfer authority provided in this Act:  
Provided further, That none of the funds appropriated under this heading 
shall be used to support or supplement ``Internal Revenue Service, 
Operations Support'' or ``Internal Revenue Service, Business Systems 
Modernization''.

[[Page 136 STAT. 4652]]

                       office of inspector general

                          salaries and expenses

    For necessary expenses of the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, 
$48,878,000, including hire of passenger motor vehicles; of which not to 
exceed $100,000 shall be available for unforeseen emergencies of a 
confidential nature, to be allocated and expended under the direction of 
the Inspector General of the Treasury; of which up to $2,800,000 to 
remain available until September 30, 2024, shall be for audits and 
investigations conducted pursuant to section 1608 of the Resources and 
Ecosystems Sustainability, Tourist Opportunities, and Revived Economies 
of the Gulf Coast States Act of 2012 (33 U.S.C. 1321 note); and of which 
not to exceed $1,000 shall be available for official reception and 
representation expenses.

            treasury inspector general for tax administration

                          salaries and expenses

    For necessary expenses of the Treasury Inspector General for Tax 
Administration in carrying out the Inspector General Act of 1978, as 
amended, including purchase and hire of passenger motor vehicles (31 
U.S.C. 1343(b)); and services authorized by 5 U.S.C. 3109, at such rates 
as may be determined by the Inspector General for Tax Administration; 
$174,250,000, of which $5,000,000 shall remain available until September 
30, 2024; of which not to exceed $6,000,000 shall be available for 
official travel expenses; of which not to exceed $500,000 shall be 
available for unforeseen emergencies of a confidential nature, to be 
allocated and expended under the direction of the Inspector General for 
Tax Administration; and of which not to exceed $1,500 shall be available 
for official reception and representation expenses.

     special inspector general for the troubled asset relief program

                          salaries and expenses

    For necessary expenses of the Office of the Special Inspector 
General in carrying out the provisions of the Emergency Economic 
Stabilization Act of 2008 (Public Law 110-343), $9,000,000.

                  Financial Crimes Enforcement Network

                          salaries and expenses

    For necessary expenses of the Financial Crimes Enforcement Network, 
including hire of passenger motor vehicles; travel and training expenses 
of non-Federal and foreign government personnel to attend meetings and 
training concerned with domestic and foreign financial intelligence 
activities, law enforcement, and financial regulation; services 
authorized by 5 U.S.C. 3109; not to exceed $25,000 for official 
reception and representation expenses; and for assistance to Federal law 
enforcement agencies, with or without reimbursement, $190,193,000, of 
which not to exceed $55,000,000 shall remain available until September 
30, 2025.

[[Page 136 STAT. 4653]]

                      Bureau of the Fiscal Service

                          salaries and expenses

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

                Alcohol and Tobacco Tax and Trade Bureau

                          salaries and expenses

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

                           United States Mint

                united states mint public enterprise fund

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

    Community Development Financial Institutions Fund Program Account

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

[[Page 136 STAT. 4654]]

            (1) not less than $196,000,000, notwithstanding section 
        108(e) of Public Law 103-325 (12 U.S.C. 4707(e)) with regard to 
        Small and/or Emerging Community Development Financial 
        Institutions Assistance awards, is available until September 30, 
        2024, for financial assistance and technical assistance under 
        subparagraphs (A) and (B) of section 108(a)(1), respectively, of 
        Public Law 103-325 (12 U.S.C. 4707(a)(1)(A) and (B)), of which 
        up to $1,600,000 may be available for training and outreach 
        under section 109 of Public Law 103-325 (12 U.S.C. 4708), of 
        which up to $3,153,750 may be used for the cost of direct loans, 
        of which up to $10,000,000, notwithstanding subsection (d) of 
        section 108 of Public Law 103-325 (12 U.S.C. 4707(d)), may be 
        available to provide financial assistance, technical assistance, 
        training, and outreach to community development financial 
        institutions to expand investments that benefit individuals with 
        disabilities, and of which up to $2,000,000 shall be for the 
        Economic Mobility Corps to be operated in conjunction with the 
        Corporation for National and Community Service, pursuant to 42 
        U.S.C. 12571:  Provided, That the cost of direct and guaranteed 
        loans, including the cost of modifying such loans, shall be as 
        defined in section 502 of the Congressional Budget Act of 1974:  
        Provided further, That these funds are available to subsidize 
        gross obligations for the principal amount of direct loans not 
        to exceed $25,000,000:  Provided further, That of the funds 
        provided under this paragraph, excluding those made to community 
        development financial institutions to expand investments that 
        benefit individuals with disabilities and those made to 
        community development financial institutions that serve 
        populations living in persistent poverty counties, the CDFI Fund 
        shall prioritize Financial Assistance awards to organizations 
        that invest and lend in high-poverty areas:  Provided 
        further <<NOTE: Definition. Time period. State and local 
        governments. Puerto Rico.>> , That for purposes of this section, 
        the term ``high-poverty area'' means any census tract with a 
        poverty rate of at least 20 percent as measured by the 2016-2020 
        5-year data series available from the American Community Survey 
        of the Bureau of the Census for all States and Puerto Rico or 
        with a poverty rate of at least 20 percent as measured by the 
        2010 Island areas Decennial Census data for any territory or 
        possession of the United States;
            (2) not less than $25,000,000, notwithstanding section 
        108(e) of Public Law 103-325 (12 U.S.C. 4707(e)), is available 
        until September 30, 2024, for financial assistance, technical 
        assistance, training, and outreach programs designed to benefit 
        Native American, Native Hawaiian, and Alaska Native communities 
        and provided primarily through qualified community development 
        lender organizations with experience and expertise in community 
        development banking and lending in Indian country, Native 
        American organizations, Tribes and Tribal organizations, and 
        other suitable providers;
            (3) not less than $35,000,000 is available until September 
        30, 2024, for the Bank Enterprise Award program;
            (4) not less than $24,000,000, notwithstanding subsections 
        (d) and (e) of section 108 of Public Law 103-325 (12 U.S.C. 
        4707(d) and (e)), is available until September 30, 2024, for a 
        Healthy Food Financing Initiative to provide financial 
        assistance, technical assistance, training, and outreach to 
        community development financial institutions for the purpose of 
        offering

[[Page 136 STAT. 4655]]

        affordable financing and technical assistance to expand the 
        availability of healthy food options in distressed communities;
            (5) not less than $9,000,000 is available until September 
        30, 2024, to provide grants for loan loss reserve funds and to 
        provide technical assistance for small dollar loan programs 
        under section 122 of Public Law 103-325 (12 U.S.C. 4719):  
        Provided, That sections 108(d) and 122(b)(2) of such Public Law 
        shall not apply to the provision of such grants and technical 
        assistance;
            (6) up to $35,000,000 is available for administrative 
        expenses, including administration of CDFI Fund programs and the 
        New Markets Tax Credit Program, of which not less than 
        $1,000,000 is for the development of tools to better assess and 
        inform CDFI investment performance and CDFI program impacts, and 
        up to $300,000 is for administrative expenses to carry out the 
        direct loan program; and
            (7) during fiscal year 2023, none of the funds available 
        under this heading are available for the cost, as defined in 
        section 502 of the Congressional Budget Act of 1974, of 
        commitments to guarantee bonds and notes under section 114A of 
        the Riegle Community Development and Regulatory Improvement Act 
        of 1994 (12 U.S.C. 4713a):  Provided, That commitments to 
        guarantee bonds and notes under such section 114A shall not 
        exceed $500,000,000:  Provided further <<NOTE: Termination 
        date. 12 USC 4713a note.>> , That such section 114A shall remain 
        in effect until December 31, 2023:  Provided further, That of 
        the funds awarded under this heading, except those provided for 
        the Economic Mobility Corps, not less than 10 percent shall be 
        used for awards that support investments that serve populations 
        living in persistent poverty counties:  Provided 
        further <<NOTE: Definition. Puerto Rico. Time periods.>> , That 
        for the purposes of this paragraph and paragraph (1), the term 
        ``persistent poverty counties'' means any county, including 
        county equivalent areas in Puerto Rico, that has had 20 percent 
        or more of its population living in poverty over the past 30 
        years, as measured by the 1990 and 2000 decennial censuses and 
        the 2016-2020 5-year data series available from the American 
        Community Survey of the Bureau of the Census or any other 
        territory or possession of the United States that has had 20 
        percent or more of its population living in poverty over the 
        past 30 years, as measured by the 1990, 2000 and 2010 Island 
        Areas Decennial Censuses, or equivalent data, of the Bureau of 
        the Census.

                        Internal Revenue Service

                            taxpayer services

    For necessary expenses of the Internal Revenue Service to provide 
taxpayer services, including pre-filing assistance and education, filing 
and account services, taxpayer advocacy services, and other services as 
authorized by 5 U.S.C. 3109, at such rates as may be determined by the 
Commissioner, $2,780,606,000, of which not to exceed $100,000,000 shall 
remain available until September 30, 2024, of which not less than 
$11,000,000 shall be for the Tax Counseling for the Elderly Program, of 
which not less than $26,000,000 shall be available for low-income 
taxpayer clinic grants, including grants to individual clinics of up to 
$200,000, of which not less than $40,000,000, to remain available until 
September

[[Page 136 STAT. 4656]]

30, 2024, shall be available for the Community Volunteer Income Tax 
Assistance Matching Grants Program for tax return preparation 
assistance, and of which not less than $236,000,000 shall be available 
for operating expenses of the Taxpayer Advocate Service:  Provided, That 
of the amounts made available for the Taxpayer Advocate Service, not 
less than $7,000,000 shall be for identity theft and refund fraud 
casework.

                               enforcement

    For necessary expenses for tax enforcement activities of the 
Internal Revenue Service to determine and collect owed taxes, to provide 
legal and litigation support, to conduct criminal investigations, to 
enforce criminal statutes related to violations of internal revenue laws 
and other financial crimes, to purchase and hire passenger motor 
vehicles (31 U.S.C. 1343(b)), and to provide other services as 
authorized by 5 U.S.C. 3109, at such rates as may be determined by the 
Commissioner, $5,437,622,000; of which not to exceed $250,000,000 shall 
remain available until September 30, 2024; of which not less than 
$60,257,000 shall be for the Interagency Crime and Drug Enforcement 
program; and of which not to exceed $25,000,000 shall be for 
investigative technology for the Criminal Investigation Division:  
Provided, That the amount made available for investigative technology 
for the Criminal Investigation Division shall be in addition to amounts 
made available for the Criminal Investigation Division under the 
``Operations Support'' heading.

                           operations support

    For necessary expenses to operate the Internal Revenue Service to 
support taxpayer services and enforcement programs, including rent 
payments; facilities services; printing; postage; physical security; 
headquarters and other IRS-wide administration activities; research and 
statistics of income; telecommunications; information technology 
development, enhancement, operations, maintenance and security; the hire 
of passenger motor vehicles (31 U.S.C. 1343(b)); the operations of the 
Internal Revenue Service Oversight Board; and other services as 
authorized by 5 U.S.C. 3109, at such rates as may be determined by the 
Commissioner; $4,100,826,000, of which not to exceed $275,000,000 shall 
remain available until September 30, 2024; of which not to exceed 
$10,000,000 shall remain available until expended for acquisition of 
equipment and construction, repair and renovation of facilities; of 
which not to exceed $1,000,000 shall remain available until September 
30, 2025, for research; and of which not to exceed $20,000 shall be for 
official reception and representation expenses:  
Provided, <<NOTE: Reports. Summaries. Strategies. 26 USC 7801 note.>>  
That not later than 30 days after the end of each quarter, the Internal 
Revenue Service shall submit a report to the Committees on 
Appropriations of the House of Representatives and the Senate and the 
Comptroller General of the United States detailing major information 
technology investments in the Internal Revenue Service Integrated 
Modernization Business Plan portfolio, including detailed, plain 
language summaries on the status of plans, costs, and results; prior 
results and actual expenditures of the prior quarter; upcoming 
deliverables and costs for the fiscal year; risks and mitigation 
strategies associated with ongoing work; reasons for any cost or 
schedule variances; and total expenditures by fiscal year:  Provided 
further, <<NOTE: Summaries.>>  That the Internal Revenue Service shall 
include, in its budget justification

[[Page 136 STAT. 4657]]

for fiscal year 2024, a summary of cost and schedule performance 
information for its major information technology systems.

           administrative provisions--internal revenue service

                      (including transfer of funds)

    Sec. 101. <<NOTE: Advance approvals.>>   Not to exceed 5 percent of 
the appropriation made available in this Act to the Internal Revenue 
Service under the ``Enforcement'' heading, and not to exceed 5 percent 
of any other appropriation made available in this Act to the Internal 
Revenue Service, may be transferred to any other Internal Revenue 
Service appropriation upon the advance approval of the Committees on 
Appropriations of the House of Representatives and the Senate.

    Sec. 102.  The Internal Revenue Service shall maintain an employee 
training program, which shall include the following topics: taxpayers' 
rights, dealing courteously with taxpayers, cross-cultural relations, 
ethics, and the impartial application of tax law.
    Sec. 103. <<NOTE: Policies. Procedures. Confidentiality. Identify 
theft.>>   The Internal Revenue Service shall institute and enforce 
policies and procedures that will safeguard the confidentiality of 
taxpayer information and protect taxpayers against identity theft.

    Sec. 104.  Funds made available by this or any other Act to the 
Internal Revenue Service shall be available for improved facilities and 
increased staffing to provide sufficient and effective 1-800 help line 
service for taxpayers. The Commissioner shall continue to make 
improvements to the Internal Revenue Service 1-800 help line service a 
priority and allocate resources necessary to enhance the response time 
to taxpayer communications, particularly with regard to victims of tax-
related crimes.
    Sec. 105. <<NOTE: Notice.>>   The Internal Revenue Service shall 
issue a notice of confirmation of any address change relating to an 
employer making employment tax payments, and such notice shall be sent 
to both the employer's former and new address and an officer or employee 
of the Internal Revenue Service shall give special consideration to an 
offer-in-compromise from a taxpayer who has been the victim of fraud by 
a third party payroll tax preparer.

    Sec. 106.  None of the funds made available under this Act may be 
used by the Internal Revenue Service to target citizens of the United 
States for exercising any right guaranteed under the First Amendment to 
the Constitution of the United States.
    Sec. 107.  None of the funds made available in this Act may be used 
by the Internal Revenue Service to target groups for regulatory scrutiny 
based on their ideological beliefs.
    Sec. 108.  None of funds made available by this Act to the Internal 
Revenue Service shall be obligated or expended on conferences that do 
not adhere to the procedures, verification processes, documentation 
requirements, and policies issued by the Chief Financial Officer, Human 
Capital Office, and Agency-Wide Shared Services as a result of the 
recommendations in the report published on May 31, 2013, by the Treasury 
Inspector General for Tax Administration entitled ``Review of the August 
2010 Small Business/Self-Employed Division's Conference in Anaheim, 
California'' (Reference Number 2013-10-037).
    Sec. 109.  None of the funds made available in this Act to the 
Internal Revenue Service may be obligated or expended--

[[Page 136 STAT. 4658]]

            (1) to make a payment to any employee under a bonus, award, 
        or recognition program; or
            (2) under any hiring or personnel selection process with 
        respect to re-hiring a former employee;

unless such program or process takes into account the conduct and 
Federal tax compliance of such employee or former employee.
    Sec. 110.  None of the funds made available by this Act may be used 
in contravention of section 6103 of the Internal Revenue Code of 1986 
(relating to confidentiality and disclosure of returns and return 
information).
    Sec. 111.  The Secretary of the Treasury (or the Secretary's 
delegate) may use the funds made available in this Act, subject to such 
policies as the Secretary (or the Secretary's delegate) may establish, 
to utilize direct hire authority to recruit and appoint qualified 
applicants, without regard to any notice or preference requirements, 
directly to positions in the competitive service to process backlogged 
tax returns and return information.
    Sec. 112.  Notwithstanding section 1344 of title 31, United States 
Code, funds appropriated to the Internal Revenue Service in this Act may 
be used to provide passenger carrier transportation and protection 
between the Commissioner of Internal Revenue's residence and place of 
employment.

          Administrative Provisions--Department of the Treasury

                     (including transfers of funds)

    Sec. 113. <<NOTE: Contracts.>>   Appropriations to the Department of 
the Treasury in this Act shall be available for uniforms or allowances 
therefor, as authorized by law (5 U.S.C. 5901), including maintenance, 
repairs, and cleaning; purchase of insurance for official motor vehicles 
operated in foreign countries; purchase of motor vehicles without regard 
to the general purchase price limitations for vehicles purchased and 
used overseas for the current fiscal year; entering into contracts with 
the Department of State for the furnishing of health and medical 
services to employees and their dependents serving in foreign countries; 
and services authorized by 5 U.S.C. 3109.

    Sec. 114. <<NOTE: Advance approvals.>>   Not to exceed 2 percent of 
any appropriations in this title made available under the headings 
``Departmental Offices--Salaries and Expenses'', ``Office of Inspector 
General'', ``Special Inspector General for the Troubled Asset Relief 
Program'', ``Financial Crimes Enforcement Network'', ``Bureau of the 
Fiscal Service'', and ``Alcohol and Tobacco Tax and Trade Bureau'' may 
be transferred between such appropriations upon the advance approval of 
the Committees on Appropriations of the House of Representatives and the 
Senate:  Provided, That no transfer under this section may increase or 
decrease any such appropriation by more than 2 percent.

    Sec. 115. <<NOTE: Advance approvals.>>   Not to exceed 2 percent of 
any appropriation made available in this Act to the Internal Revenue 
Service may be transferred to the Treasury Inspector General for Tax 
Administration's appropriation upon the advance approval of the 
Committees on Appropriations of the House of Representatives and the 
Senate:  Provided, That no transfer may increase or decrease any such 
appropriation by more than 2 percent.

[[Page 136 STAT. 4659]]

    Sec. 116.  None of the funds appropriated in this Act or otherwise 
available to the Department of the Treasury or the Bureau of Engraving 
and Printing may be used to redesign the $1 Federal Reserve note.
    Sec. 117.  The Secretary of the Treasury may transfer funds from the 
``Bureau of the Fiscal Service--Salaries and Expenses'' to the Debt 
Collection Fund as necessary to cover the costs of debt collection:  
Provided, <<NOTE: Reimbursement.>> That such amounts shall be reimbursed 
to such salaries and expenses account from debt collections received in 
the Debt Collection Fund.

    Sec. 118. <<NOTE: Approval requirement.>> None of the funds 
appropriated or otherwise made available by this or any other Act may be 
used by the United States Mint to construct or operate any museum 
without the explicit approval of the Committees on Appropriations of the 
House of Representatives and the Senate, the House Committee on 
Financial Services, and the Senate Committee on Banking, Housing, and 
Urban Affairs.

    Sec. 119. <<NOTE: Approval requirement.>> None of the funds 
appropriated or otherwise made available by this or any other Act or 
source to the Department of the Treasury, the Bureau of Engraving and 
Printing, and the United States Mint, individually or collectively, may 
be used to consolidate any or all functions of the Bureau of Engraving 
and Printing and the United States Mint without the explicit approval of 
the House Committee on Financial Services; the Senate Committee on 
Banking, Housing, and Urban Affairs; and the Committees on 
Appropriations of the House of Representatives and the Senate.

    Sec. 120.  Funds appropriated by this Act, or made available by the 
transfer of funds in this Act, for the Department of the Treasury's 
intelligence or intelligence related activities are deemed to be 
specifically authorized by the Congress for purposes of section 504 of 
the National Security Act of 1947 (50 U.S.C. 414) during fiscal year 
2023 until the enactment of the Intelligence Authorization Act for 
Fiscal Year 2023.
    Sec. 121.  Not to exceed $5,000 shall be made available from the 
Bureau of Engraving and Printing's Industrial Revolving Fund for 
necessary official reception and representation expenses.
    Sec. 122. <<NOTE: Plan. Deadline.>> The Secretary of the Treasury 
shall submit a Capital Investment Plan to the Committees on 
Appropriations of the House of Representatives and the Senate not later 
than 30 days following the submission of the annual budget submitted by 
the President:  Provided, That such Capital Investment Plan shall 
include capital investment spending from all accounts within the 
Department of the Treasury, including but not limited to the Department-
wide Systems and Capital Investment Programs account, Treasury Franchise 
Fund account, and the Treasury Forfeiture Fund account:  Provided 
further, That such Capital Investment Plan shall include expenditures 
occurring in previous fiscal years for each capital investment project 
that has not been fully completed.

    Sec. 123. <<NOTE: Nonprofit organizations.>> During fiscal year 
2023--
            (1) none of the funds made available in this or any other 
        Act may be used by the Department of the Treasury, including the 
        Internal Revenue Service, to issue, revise, or finalize any 
        regulation, revenue ruling, or other guidance not limited to a 
        particular taxpayer relating to the standard which is used to 
        determine whether an organization is operated exclusively for 
        the promotion of social welfare for purposes of section

[[Page 136 STAT. 4660]]

        501(c)(4) of the Internal Revenue Code of 1986 (including the 
        proposed regulations published at 78 Fed. Reg. 71535 (November 
        29, 2013)); and
            (2) <<NOTE: Applicability. Determination.>>  the standard 
        and definitions as in effect on January 1, 2010, which are used 
        to make such determinations shall apply after the date of the 
        enactment of this Act for purposes of determining status under 
        section 501(c)(4) of such Code of organizations created on, 
        before, or after such date.

    Sec. 124. <<NOTE: Reports.>> Within 45 days after the date of 
enactment of this Act, the Secretary of the Treasury shall submit an 
itemized report to the Committees on Appropriations of the House of 
Representatives and the Senate on the amount of total funds charged to 
each office by the Franchise Fund including the amount charged for each 
service provided by the Franchise Fund to each office, a detailed 
description of the services, a detailed explanation of how each charge 
for each service is calculated, and a description of the role customers 
have in governing in the Franchise Fund.

    Sec. 125. <<NOTE: Reports.>>  (a) Not later than 60 days after the 
end of each quarter, the Office of Financial Stability and the Office of 
Financial Research shall submit reports on their activities to the 
Committees on Appropriations of the House of Representatives and the 
Senate, the Committee on Financial Services of the House of 
Representatives, and the Senate Committee on Banking, Housing, and Urban 
Affairs.

    (b) The reports required under subsection (a) shall include--
            (1) the obligations made during the previous quarter by 
        object class, office, and activity;
            (2) <<NOTE: Estimate.>>  the estimated obligations for the 
        remainder of the fiscal year by object class, office, and 
        activity;
            (3) the number of full-time equivalents within each office 
        during the previous quarter;
            (4) <<NOTE: Estimate.>>  the estimated number of full-time 
        equivalents within each office for the remainder of the fiscal 
        year; and
            (5) actions taken to achieve the goals, objectives, and 
        performance measures of each office.

    (c) <<NOTE: Testimony.>>  At the request of any such Committees 
specified in subsection (a), the Office of Financial Stability and the 
Office of Financial Research shall make officials available to testify 
on the contents of the reports required under subsection (a).

    Sec. 126.  In addition to amounts otherwise available, there is 
appropriated to the Special Inspector General for Pandemic Recovery, 
$12,000,000, to remain available until expended, for necessary expenses 
in carrying out section 4018 of the Coronavirus Aid, Relief, and 
Economic Security Act (Public Law 116-136).
    Sec. 127.  Section 127 of the Department of the Treasury 
Appropriations Act, 2019 <<NOTE: 31 USC 5142 note.>>  (title I of 
division D of Public Law 116-6) is amended by inserting before the 
period at the end the following: ``, including public improvements in 
the area around such facility to mitigate traffic impacts caused by the 
construction and occupancy of the facility''.

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

[[Page 136 STAT. 4661]]

  TITLE <<NOTE: Executive Office of the President Appropriations Act, 
2023.>>  II

    EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO THE 
                                PRESIDENT

                             The White House

                          salaries and expenses

    For necessary expenses for the White House as authorized by law, 
including not to exceed $3,850,000 for services as authorized by 5 
U.S.C. 3109 and 3 U.S.C. 105; subsistence expenses as authorized by 3 
U.S.C. 105, which shall be expended and accounted for as provided in 
that section; hire of passenger motor vehicles, and travel (not to 
exceed $100,000 to be expended and accounted for as provided by 3 U.S.C. 
103); and not to exceed $19,000 for official reception and 
representation expenses, to be available for allocation within the 
Executive Office of the President; and for necessary expenses of the 
Office of Policy Development, including services as authorized by 5 
U.S.C. 3109 and 3 U.S.C. 107, $77,681,000.

                 Executive Residence at the White House

                           operating expenses

    For necessary expenses of the Executive Residence at the White 
House, $15,609,000, to be expended and accounted for as provided by 3 
U.S.C. 105, 109, 110, and 112-114.

                          reimbursable expenses

    For the reimbursable expenses of the Executive Residence at the 
White House, such sums as may be necessary:  Provided, That all 
reimbursable operating expenses of the Executive Residence shall be made 
in accordance with the provisions of this paragraph:  Provided further, 
That, notwithstanding any other provision of law, such amount for 
reimbursable operating expenses shall be the exclusive authority of the 
Executive Residence to incur obligations and to receive offsetting 
collections, for such expenses:  Provided further, That 
the <<NOTE: Requirement. Advance payment.>>  Executive Residence shall 
require each person sponsoring a reimbursable political event to pay in 
advance an amount equal to the estimated cost of the event, and all such 
advance payments shall be credited to this account and remain available 
until expended:  Provided <<NOTE: Requirement.>>  further, That the 
Executive Residence shall require the national committee of the 
political party of the President to maintain on deposit $25,000, to be 
separately accounted for and available for expenses relating to 
reimbursable political events sponsored by such committee during such 
fiscal year:  Provided further, That <<NOTE: Notice. Deadline.>>  the 
Executive Residence shall ensure that a written notice of any amount 
owed for a reimbursable operating expense under this paragraph is 
submitted to the person owing such amount within 60 days after such 
expense is incurred, and that such amount is collected within 30 days 
after the submission of such notice:  Provided 
further, <<NOTE: Penalties. Deadline.>> That the Executive Residence 
shall charge interest and assess penalties and other charges on any such 
amount that is not reimbursed within such 30 days, in accordance with 
the interest and penalty provisions applicable to an outstanding debt

[[Page 136 STAT. 4662]]

on a United States Government claim under 31 U.S.C. 3717:  Provided 
further, That each such amount that is reimbursed, and any accompanying 
interest and charges, shall be deposited in the Treasury as 
miscellaneous receipts:  Provided further, <<NOTE: Reports.>> That the 
Executive Residence shall prepare and submit to the Committees on 
Appropriations, by not later than 90 days after the end of the fiscal 
year covered by this Act, a report setting forth the reimbursable 
operating expenses of the Executive Residence during the preceding 
fiscal year, including the total amount of such expenses, the amount of 
such total that consists of reimbursable official and ceremonial events, 
the amount of such total that consists of reimbursable political events, 
and the portion of each such amount that has been reimbursed as of the 
date of the report:  Provided further, <<NOTE: Records.>> That the 
Executive Residence shall maintain a system for the tracking of expenses 
related to reimbursable events within the Executive Residence that 
includes a standard for the classification of any such expense as 
political or nonpolitical:  Provided further, That no provision of this 
paragraph may be construed to exempt the Executive Residence from any 
other applicable requirement of subchapter I or II of chapter 37 of 
title 31, United States Code.

                   White House Repair and Restoration

    For the repair, alteration, and improvement of the Executive 
Residence at the White House pursuant to 3 U.S.C. 105(d), $2,500,000, to 
remain available until expended, for required maintenance, resolution of 
safety and health issues, and continued preventative maintenance.

                      Council of Economic Advisers

                          salaries and expenses

    For necessary expenses of the Council of Economic Advisers in 
carrying out its functions under the Employment Act of 1946 (15 U.S.C. 
1021 et seq.), $4,903,000.

         National Security Council and Homeland Security Council

                          salaries and expenses

    For necessary expenses of the National Security Council and the 
Homeland Security Council, including services as authorized by 5 U.S.C. 
3109, $17,901,000, of which not to exceed $10,000 shall be available for 
official reception and representation expenses.

                        Office of Administration

                          salaries and expenses

    For necessary expenses of the Office of Administration, including 
services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 107, and hire of 
passenger motor vehicles, $115,463,000, of which not to exceed 
$12,800,000 shall remain available until expended for continued 
modernization of information resources within the Executive Office of 
the President:  Provided, That of the amounts provided under this 
heading, up to $7,000,000 shall be available

[[Page 136 STAT. 4663]]

for a program to provide payments (such as stipends, subsistence 
allowances, cost reimbursements, or awards) to students, recent 
graduates, and veterans recently discharged from active duty who are 
performing voluntary services in the Executive Office of the President 
under section 3111(b) of title 5, United States Code, or comparable 
authority and shall be in addition to amounts otherwise available to pay 
or compensate such individuals:  Provided further, That such payments 
shall not be considered compensation for purposes of such section 
3111(b) and may be paid in advance.

                     Office of Management and Budget

                          salaries and expenses

    For necessary expenses of the Office of Management and Budget, 
including hire of passenger motor vehicles and services as authorized by 
5 U.S.C. 3109, to carry out the provisions of chapter 35 of title 44, 
United States Code, and to prepare and submit the budget of the United 
States Government, in accordance with section 1105(a) of title 31, 
United States Code, $128,035,000, of which not to exceed $3,000 shall be 
available for official representation expenses:  Provided, That none of 
the funds appropriated in this Act for the Office of Management and 
Budget may be used for the purpose of reviewing any agricultural 
marketing orders or any activities or regulations under the provisions 
of the Agricultural Marketing Agreement Act of 1937 (7 U.S.C. 601 et 
seq.):  Provided further, That none of the funds made available for the 
Office of Management and Budget by this Act may be expended for the 
altering of the transcript of actual testimony of witnesses, except for 
testimony of officials of the Office of Management and Budget, before 
the Committees on Appropriations or their subcommittees:  Provided 
further, That none of the funds made available for the Office of 
Management and Budget by this Act may be expended for the altering of 
the annual work plan developed by the Corps of Engineers for submission 
to the Committees on Appropriations:  Provided further, That none of the 
funds provided in this or prior Acts shall be used, directly or 
indirectly, by the Office of Management and Budget, for evaluating or 
determining if water resource project or study reports submitted by the 
Chief of Engineers acting through the Secretary of the Army are in 
compliance with all applicable laws, regulations, and requirements 
relevant to the Civil Works water resource planning process:  Provided 
further, That <<NOTE: Deadline. Policy reviews.>> the Office of 
Management and Budget shall have not more than 60 days in which to 
perform budgetary policy reviews of water resource matters on which the 
Chief of Engineers has reported:  Provided 
further, <<NOTE: Notifications.>> That the Director of the Office of 
Management and Budget shall notify the appropriate authorizing and 
appropriating committees when the 60-day review is initiated:  Provided 
further, <<NOTE: Reports.>> That if water resource reports have not been 
transmitted to the appropriate authorizing and appropriating committees 
within 15 days after the end of the Office of Management and Budget 
review period based on the notification from the Director, Congress 
shall assume Office of Management and Budget concurrence with the report 
and act accordingly:  Provided further, That <<NOTE: Deadline. Public 
information. Web posting. List.>> no later than 14 days after the 
submission of the budget of the United States Government for fiscal year 
2024, the

[[Page 136 STAT. 4664]]

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

              Intellectual Property Enforcement Coordinator

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

                  Office of the National Cyber Director

                          salaries and expenses

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

                 Office of National Drug Control Policy

                          salaries and expenses

    For necessary expenses of the Office of National Drug Control 
Policy; for research activities pursuant to the Office of National Drug 
Control Policy Reauthorization Act of 1998, as amended; not to exceed 
$10,000 for official reception and representation expenses; and for 
participation in joint projects or in the provision of services on 
matters of mutual interest with nonprofit, research, or public 
organizations or agencies, with or without reimbursement, $21,500,000:  
Provided, <<NOTE: 21 USC 1702 note.>> That the Office is authorized to 
accept, hold, administer, and utilize gifts, both real and personal, 
public and private, without fiscal year limitation, for the purpose of 
aiding or facilitating the work of the Office.

                      federal drug control programs

              high intensity drug trafficking areas program

                     (including transfers of funds)

    For <<NOTE: Deadline.>> necessary expenses of the Office of National 
Drug Control Policy's High Intensity Drug Trafficking Areas Program, 
$302,000,000, to remain available until September 30, 2024, for drug 
control activities consistent with the approved strategy for each of the 
designated High Intensity Drug Trafficking Areas (``HIDTAs''), of which 
not less than 51 percent shall be transferred to State and local 
entities for drug control activities and shall

[[Page 136 STAT. 4665]]

be obligated not later than 120 days after enactment of this Act:  
Provided, That up to 49 percent may be transferred to Federal agencies 
and departments in amounts determined by the Director of the Office of 
National Drug Control Policy, of which up to $5,800,000 may be used for 
auditing services and associated activities and $1,500,000 shall be for 
the Grants Management System for use by the Office of National Drug 
Control Policy:  Provided further, That any unexpended funds obligated 
prior to fiscal year 2021 may be used for any other approved activities 
of that HIDTA, subject to reprogramming requirements:  Provided 
further, <<NOTE: Submissions.>> That each HIDTA designated as of 
September 30, 2022, shall be funded at not less than the fiscal year 
2022 base level, unless the Director submits to the Committees on 
Appropriations of the House of Representatives and the Senate 
justification for changes to those levels based on clearly articulated 
priorities and published Office of National Drug Control Policy 
performance measures of effectiveness:  Provided 
further, <<NOTE: Notifications. Deadlines. Determination.>> That the 
Director shall notify the Committees on Appropriations of the initial 
allocation of fiscal year 2023 funding among HIDTAs not later than 45 
days after enactment of this Act, and shall notify the Committees of 
planned uses of discretionary HIDTA funding, as determined in 
consultation with the HIDTA Directors, not later than 90 days after 
enactment of this Act:  Provided 
further, <<NOTE: Determination. Notifications.>> That upon a 
determination that all or part of the funds so transferred from this 
appropriation are not necessary for the purposes provided herein and 
upon notification to the Committees on Appropriations of the House of 
Representatives and the Senate, such amounts may be transferred back to 
this appropriation.

                   other federal drug control programs

                     (including transfers of funds)

    For other drug control activities authorized by the Anti-Drug Abuse 
Act of 1988 and the Office of National Drug Control Policy 
Reauthorization Act of 1998, as amended, $137,120,000, to remain 
available until expended, which shall be available as follows: 
$109,000,000 for the Drug-Free Communities Program, of which not more 
than $12,780,000 is for administrative expenses, and of which $2,500,000 
shall be made available as directed by section 4 of Public Law 107-82, 
as amended by section 8204 of Public Law 115-271; $3,000,000 for drug 
court training and technical assistance; $15,250,000 for anti-doping 
activities; up to $3,420,000 for the United States membership dues to 
the World Anti-Doping Agency; $1,250,000 for the Model Acts Program; and 
$5,200,000 for activities authorized by section 103 of Public Law 114-
198:  Provided, That amounts made available under this heading may be 
transferred to other Federal departments and agencies to carry out such 
activities:  Provided further, <<NOTE: Time period. Spending 
plan.>> That the Director of the Office of National Drug Control Policy 
shall, not fewer than 30 days prior to obligating funds under this 
heading for United States membership dues to the World Anti-Doping 
Agency, submit to the Committees on Appropriations of the House of 
Representatives and the Senate a spending plan and explanation of the 
proposed uses of these funds.

[[Page 136 STAT. 4666]]

                           Unanticipated Needs

    For expenses necessary to enable the President to meet unanticipated 
needs, in furtherance of the national interest, security, or defense 
which may arise at home or abroad during the current fiscal year, as 
authorized by 3 U.S.C. 108, $1,000,000, to remain available until 
September 30, 2024.

               Information Technology Oversight and Reform

                      (including transfer of funds)

    For necessary expenses for the furtherance of integrated, efficient, 
secure, and effective uses of information technology in the Federal 
Government, $13,700,000, to remain available until expended:  Provided, 
That the Director of the Office of Management and Budget may transfer 
these funds to one or more other agencies to carry out projects to meet 
these purposes.

                   Special Assistance to the President

                          salaries and expenses

    For necessary expenses to enable the Vice President to provide 
assistance to the President in connection with specially assigned 
functions; services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 106, 
including subsistence expenses as authorized by 3 U.S.C. 106, which 
shall be expended and accounted for as provided in that section; and 
hire of passenger motor vehicles, $6,076,000.

                Official Residence of the Vice President

                           operating expenses

                      (including transfer of funds)

    For the care, operation, refurnishing, improvement, and to the 
extent not otherwise provided for, heating and lighting, including 
electric power and fixtures, of the official residence of the Vice 
President; the hire of passenger motor vehicles; and not to exceed 
$90,000 pursuant to 3 U.S.C. 106(b)(2), $321,000:  Provided, That 
advances, repayments, or transfers from this appropriation may be made 
to any department or agency for expenses of carrying out such 
activities.

 Administrative Provisions--Executive Office of the President and Funds 
                      Appropriated to the President

                      (including transfer of funds)

    Sec. 201. <<NOTE: Advance approvals.>> From funds made available in 
this Act under the headings ``The White House'', ``Executive Residence 
at the White House'', ``White House Repair and Restoration'', ``Council 
of Economic Advisers'', ``National Security Council and Homeland 
Security Council'', ``Office of Administration'', ``Special Assistance 
to the President'', and ``Official Residence of the Vice President'', 
the Director of the Office of Management and Budget (or such other 
officer as the President may designate in writing), may, with

[[Page 136 STAT. 4667]]

advance approval of the Committees on Appropriations of the House of 
Representatives and the Senate, transfer not to exceed 10 percent of any 
such appropriation to any other such appropriation, to be merged with 
and available for the same time and for the same purposes as the 
appropriation to which transferred:  Provided, That the amount of an 
appropriation shall not be increased by more than 50 percent by such 
transfers:  Provided further, <<NOTE: Approval requirement.>> That no 
amount shall be transferred from ``Special Assistance to the President'' 
or ``Official Residence of the Vice President'' without the approval of 
the Vice President.

    Sec. 202. (a) <<NOTE: President. Budget statement. Cost 
estimates.>>  During fiscal year 2023, any Executive order or 
Presidential memorandum issued or revoked by the President shall be 
accompanied by a written statement from the Director of the Office of 
Management and Budget on the budgetary impact, including costs, 
benefits, and revenues, of such order or memorandum.

    (b) <<NOTE: Time period.>>  Any such statement shall include--
            (1) <<NOTE: Summary.>>  a narrative summary of the budgetary 
        impact of such order or memorandum on the Federal Government;
            (2) the impact on mandatory and discretionary obligations 
        and outlays as the result of such order or memorandum, listed by 
        Federal agency, for each year in the 5-fiscal-year period 
        beginning in fiscal year 2023; and
            (3) the impact on revenues of the Federal Government as the 
        result of such order or memorandum over the 5-fiscal-year period 
        beginning in fiscal year 2023.

    (c) <<NOTE: Deadline.>>  If an Executive order or Presidential 
memorandum is issued during fiscal year 2023 due to a national 
emergency, the Director of the Office of Management and Budget may issue 
the statement required by subsection (a) not later than 15 days after 
the date that such order or memorandum is issued.

    (d) <<NOTE: Applicability.>>  The requirement for cost estimates for 
Presidential memoranda shall only apply for Presidential memoranda 
estimated to have a regulatory cost in excess of $100,000,000.

    Sec. 203. <<NOTE: Deadline. Memorandum. Compliance.>>   Not later 
than 30 days after the date of enactment of this Act, the Director of 
the Office of Management and Budget shall issue a memorandum to all 
Federal departments, agencies, and corporations directing compliance 
with the provisions in title VII of this Act.

    Sec. 204. <<NOTE: Time periods. Apportionment. Applicability. 31 USC 
1513 note.>> In fiscal year 2023 and each fiscal year thereafter--(1) 
the Office of Management and Budget shall operate and maintain the 
automated system required to be implemented by section 204 of the 
Financial Services and General Government Appropriations Act, 2022 
(division E of Public Law 117-103) and shall continue to post each 
document apportioning an appropriation, pursuant to section 1513(b) of 
title 31, United States Code, including any associated footnotes, in a 
format that qualifies each such document as an open Government data 
asset (as that term is defined in section 3502 of title 44, United 
States Code); and (2) the requirements specified in subsection (c), the 
first and second provisos of subsection (d)(1), and subsection (d)(2) of 
such section 204 shall continue to apply.

    Sec. 205.  For an additional amount for ``Office of National Drug 
Control Policy--Salaries and Expenses'', $10,482,000, which shall be for 
initiatives in the amounts and for the projects specified in the table 
that appears under the heading ``Administrative Provisions--Executive 
Office of the President and Funds Appropriated

[[Page 136 STAT. 4668]]

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

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

                              THE JUDICIARY

                   Supreme Court of the United States

                          salaries and expenses

    For expenses necessary for the operation of the Supreme Court, as 
required by law, excluding care of the building and grounds, including 
hire of passenger motor vehicles as authorized by 31 U.S.C. 1343 and 
1344; not to exceed $10,000 for official reception and representation 
expenses; and for miscellaneous expenses, to be expended as the Chief 
Justice may approve, $109,551,000, of which $1,500,000 shall remain 
available until expended.
    In addition, there are appropriated such sums as may be necessary 
under current law for the salaries of the chief justice and associate 
justices of the court.

                    care of the building and grounds

    For such expenditures as may be necessary to enable the Architect of 
the Capitol to carry out the duties imposed upon the Architect by 40 
U.S.C. 6111 and 6112, $29,246,000, to remain available until expended.

         United States Court of Appeals for the Federal Circuit

                          salaries and expenses

    For salaries of officers and employees, and for necessary expenses 
of the court, as authorized by law, $36,735,000.
    In addition, there are appropriated such sums as may be necessary 
under current law for the salaries of the chief judge and judges of the 
court.

               United States Court of International Trade

                          salaries and expenses

    For salaries of officers and employees of the court, services, and 
necessary expenses of the court, as authorized by law, $21,260,000.
    In addition, there are appropriated such sums as may be necessary 
under current law for the salaries of the chief judge and judges of the 
court.

[[Page 136 STAT. 4669]]

     Courts of Appeals, District Courts, and Other Judicial Services

                          salaries and expenses

    For the salaries of judges of the United States Court of Federal 
Claims, magistrate judges, and all other officers and employees of the 
Federal Judiciary not otherwise specifically provided for, necessary 
expenses of the courts, and the purchase, rental, repair, and cleaning 
of uniforms for Probation and Pretrial Services Office staff, as 
authorized by law, $5,905,055,000 (including the purchase of firearms 
and ammunition); of which not to exceed $27,817,000 shall remain 
available until expended for space alteration projects and for furniture 
and furnishings related to new space alteration and construction 
projects.
    In addition, there are appropriated such sums as may be necessary 
under current law for the salaries of circuit and district judges 
(including judges of the territorial courts of the United States), 
bankruptcy judges, and justices and judges retired from office or from 
regular active service.
    In addition, for expenses of the United States Court of Federal 
Claims associated with processing cases under the National Childhood 
Vaccine Injury Act of 1986 (Public Law 99-660), not to exceed 
$9,975,000, to be appropriated from the Vaccine Injury Compensation 
Trust Fund.

                            defender services

    For the operation of Federal Defender organizations; the 
compensation and reimbursement of expenses of attorneys appointed to 
represent persons under 18 U.S.C. 3006A and 3599, and for the 
compensation and reimbursement of expenses of persons furnishing 
investigative, expert, and other services for such representations as 
authorized by law; the compensation (in accordance with the maximums 
under 18 U.S.C. 3006A) and reimbursement of expenses of attorneys 
appointed to assist the court in criminal cases where the defendant has 
waived representation by counsel; the compensation and reimbursement of 
expenses of attorneys appointed to represent jurors in civil actions for 
the protection of their employment, as authorized by 28 U.S.C. 
1875(d)(1); the compensation and reimbursement of expenses of attorneys 
appointed under 18 U.S.C. 983(b)(1) in connection with certain judicial 
civil forfeiture proceedings; the compensation and reimbursement of 
travel expenses of guardians ad litem appointed under 18 U.S.C. 4100(b); 
and for necessary training and general administrative expenses, 
$1,382,680,000, to remain available until expended.

                    fees of jurors and commissioners

    For fees and expenses of jurors as authorized by 28 U.S.C. 1871 and 
1876; compensation of jury commissioners as authorized by 28 U.S.C. 
1863; and compensation of commissioners appointed in condemnation cases 
pursuant to rule 71.1(h) of the Federal Rules of Civil Procedure (28 
U.S.C. Appendix Rule 71.1(h)), $58,239,000, to remain available until 
expended:  Provided, That the compensation of land commissioners shall 
not exceed the daily equivalent of the highest rate payable under 5 
U.S.C. 5332.

[[Page 136 STAT. 4670]]

                             court security

                      (including transfer of funds)

    For necessary expenses, not otherwise provided for, incident to the 
provision of protective guard services for United States courthouses and 
other facilities housing Federal court or Administrative Office of the 
United States Courts operations, the procurement, installation, and 
maintenance of security systems and equipment for United States 
courthouses and other facilities housing Federal court or Administrative 
Office of the United States Courts operations, building ingress-egress 
control, inspection of mail and packages, directed security patrols, 
perimeter security, basic security services provided by the Federal 
Protective Service, and other similar activities as authorized by 
section 1010 of the Judicial Improvement and Access to Justice Act 
(Public Law 100-702), $750,163,000, of which not to exceed $20,000,000 
shall remain available until expended, to be expended directly or 
transferred to the United States Marshals Service, which shall be 
responsible for administering the Judicial Facility Security Program 
consistent with standards or guidelines agreed to by the Director of the 
Administrative Office of the United States Courts and the Attorney 
General:  Provided, That funds made available under this heading may be 
used for managing a Judiciary-wide program to facilitate security and 
emergency management services among the Judiciary, United States 
Marshals Service, Federal Protective Service, General Services 
Administration, other Federal agencies, state and local governments and 
the public; and, notwithstanding sections 331, 566(e)(1), and 566(i) of 
title 28, United States Code, for identifying and pursuing the voluntary 
redaction and reduction of personally identifiable information on the 
internet of judges and other familial relatives who live at the judge's 
domicile.

            Administrative Office of the United States Courts

                          salaries and expenses

    For necessary expenses of the Administrative Office of the United 
States Courts as authorized by law, including travel as authorized by 31 
U.S.C. 1345, hire of a passenger motor vehicle as authorized by 31 
U.S.C. 1343(b), advertising and rent in the District of Columbia and 
elsewhere, $102,673,000, of which not to exceed $8,500 is authorized for 
official reception and representation expenses.

                         Federal Judicial Center

                          salaries and expenses

    For necessary expenses of the Federal Judicial Center, as authorized 
by Public Law 90-219, $34,261,000; of which $1,800,000 shall remain 
available through September 30, 2024, to provide education and training 
to Federal court personnel; and of which not to exceed $1,500 is 
authorized for official reception and representation expenses.

[[Page 136 STAT. 4671]]

                   United States Sentencing Commission

                          salaries and expenses

    For the salaries and expenses necessary to carry out the provisions 
of chapter 58 of title 28, United States Code, $21,641,000, of which not 
to exceed $1,000 is authorized for official reception and representation 
expenses.

                Administrative Provisions--the Judiciary

                      (including transfer of funds)

    Sec. 301.  Appropriations and authorizations made in this title 
which are available for salaries and expenses shall be available for 
services as authorized by 5 U.S.C. 3109.
    Sec. 302.  Not to exceed 5 percent of any appropriation made 
available for the current fiscal year for the Judiciary in this Act may 
be transferred between such appropriations, but no such appropriation, 
except ``Courts of Appeals, District Courts, and Other Judicial 
Services, Defender Services'' and ``Courts of Appeals, District Courts, 
and Other Judicial Services, Fees of Jurors and Commissioners'', shall 
be increased by more than 10 percent by any such transfers:  Provided, 
That any transfer pursuant to this section shall be treated as a 
reprogramming of funds under sections 604 and 608 of this Act and shall 
not be available for obligation or expenditure except in compliance with 
the procedures set forth in section 608.
    Sec. 303.  Notwithstanding any other provision of law, the salaries 
and expenses appropriation for ``Courts of Appeals, District Courts, and 
Other Judicial Services'' shall be available for official reception and 
representation expenses of the Judicial Conference of the United States: 
 Provided, That such available funds shall not exceed $11,000 and shall 
be administered by the Director of the Administrative Office of the 
United States Courts in the capacity as Secretary of the Judicial 
Conference.
    Sec. 304. <<NOTE: Applicability.>> Section 3315(a) of title 40, 
United States Code, shall be applied by substituting ``Federal'' for 
``executive'' each place it appears.

    Sec. 305.  In accordance with 28 U.S.C. 561-569, and notwithstanding 
any other provision of law, the United States Marshals Service shall 
provide, for such courthouses as its Director may designate in 
consultation with the Director of the Administrative Office of the 
United States Courts, for purposes of a pilot program, the security 
services that 40 U.S.C. 1315 authorizes the Department of Homeland 
Security to provide, except for the services specified in 40 U.S.C. 
1315(b)(2)(E). <<NOTE: Reimbursement.>> For building-specific security 
services at these courthouses, the Director of the Administrative Office 
of the United States Courts shall reimburse the United States Marshals 
Service rather than the Department of Homeland Security.

    Sec. 306. (a) Section 203(c) of the Judicial Improvements Act of 
1990 (Public Law 101-650; 28 U.S.C. 133 note), is amended in the matter 
following paragraph 12--
            (1) in the second sentence (relating to the District of 
        Kansas), by striking ``31 years and 6 months'' and inserting 
        ``32 years and 6 months''; and

[[Page 136 STAT. 4672]]

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

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

    Sec. 307.  Section 677 of title 28, United States Code, is amended 
by adding at the end the following:
    ``(d) <<NOTE: Time period.>>  The Counselor, with the approval of 
the Chief Justice, shall establish a retention and recruitment program 
that is consistent with section 908 of the Emergency Supplemental Act, 
2002 (2 U.S.C. 1926) for Supreme Court Police officers and other 
critical employees who agree in writing to remain employed with the 
Supreme Court for a period of service of not less than two years.''.

    Sec. 308.  Section 996(b) of title 28, United States Code, is 
amended by inserting ``84 (Federal Employees' Retirement System),'' 
after ``83 (Retirement),''.
    This title may be cited as the ``Judiciary Appropriations Act, 
2023''.

TITLE <<NOTE: District of Columbia Appropriations Act, 2023.>>  IV

                          DISTRICT OF COLUMBIA

                              Federal Funds

              federal payment for resident tuition support

    For a Federal payment to the District of Columbia, to be deposited 
into a dedicated account, for a nationwide program to be administered by 
the Mayor, for District of Columbia resident tuition support, 
$40,000,000, to remain available until expended:  Provided, That such 
funds, including any interest accrued thereon, may be used on behalf of 
eligible District of Columbia residents to pay an amount based upon the 
difference between in-State and out-of-State tuition at public 
institutions of higher education, or to pay up to $2,500 each year at 
eligible private institutions of higher education:  Provided further, 
That the awarding of such funds may be prioritized on the basis of a 
resident's academic merit, the income and need of eligible students and 
such other factors as may be authorized:  Provided further, 
That <<NOTE: Account.>>  the District of Columbia government shall 
maintain a dedicated account for the Resident Tuition Support Program 
that shall consist of the Federal funds appropriated to the Program in 
this Act and any subsequent

[[Page 136 STAT. 4673]]

appropriations, any unobligated balances from prior fiscal years, and 
any interest earned in this or any fiscal year:  Provided further, That 
the account shall be under the control of the District of Columbia Chief 
Financial Officer, who shall use those funds solely for the purposes of 
carrying out the Resident Tuition Support Program:  Provided 
further, <<NOTE: Reports.>> That the Office of the Chief Financial 
Officer shall provide a quarterly financial report to the Committees on 
Appropriations of the House of Representatives and the Senate for these 
funds showing, by object class, the expenditures made and the purpose 
therefor.

    federal payment for emergency planning and security costs in the 
                          district of columbia

    For a Federal payment of necessary expenses, as determined by the 
Mayor of the District of Columbia in written consultation with the 
elected county or city officials of surrounding jurisdictions, 
$30,000,000, to remain available until expended, for the costs of 
providing public safety at events related to the presence of the 
National Capital in the District of Columbia, including support 
requested by the Director of the United States Secret Service in 
carrying out protective duties under the direction of the Secretary of 
Homeland Security, and for the costs of providing support to respond to 
immediate and specific terrorist threats or attacks in the District of 
Columbia or surrounding jurisdictions.

           federal payment to the district of columbia courts

    For salaries and expenses for the District of Columbia Courts, 
including the transfer and hire of motor vehicles, $291,068,000 to be 
allocated as follows: for the District of Columbia Court of Appeals, 
$15,055,000, of which not to exceed $2,500 is for official reception and 
representation expenses; for the Superior Court of the District of 
Columbia, $140,973,000, of which not to exceed $2,500 is for official 
reception and representation expenses; for the District of Columbia 
Court System, $88,290,000, of which not to exceed $2,500 is for official 
reception and representation expenses; and $46,750,000, to remain 
available until September 30, 2024, for capital improvements for 
District of Columbia courthouse facilities:  Provided, That funds made 
available for capital improvements shall be expended consistent with the 
District of Columbia Courts master plan study and facilities condition 
assessment:  Provided further, That, in addition to the amounts 
appropriated herein, fees received by the District of Columbia Courts 
for administering bar examinations and processing District of Columbia 
bar admissions may be retained and credited to this appropriation, to 
remain available until expended, for salaries and expenses associated 
with such activities, notwithstanding section 450 of the District of 
Columbia Home Rule Act (D.C. Official Code, sec. 1-204.50):  Provided 
further, <<NOTE: Apportionment. Time period.>> That notwithstanding any 
other provision of law, all amounts under this heading shall be 
apportioned quarterly by the Office of Management and Budget and 
obligated and expended in the same manner as funds appropriated for 
salaries and expenses of other Federal agencies:  Provided 
further, <<NOTE: Time period. Notice.>> That 30 days after providing 
written notice to the Committees on Appropriations of the House of 
Representatives and the Senate, the District of Columbia Courts may 
reallocate not more than $9,000,000 of the funds provided under this 
heading among the

[[Page 136 STAT. 4674]]

items and entities funded under this heading:  Provided further, 
That <<NOTE: Regulations.>> the Joint Committee on Judicial 
Administration in the District of Columbia may, by regulation, establish 
a program substantially similar to the program set forth in subchapter 
II of chapter 35 of title 5, United States Code, for employees of the 
District of Columbia Courts.

  federal payment for defender services in district of columbia courts

                     (including rescission of funds)

    For payments authorized under section 11-2604 and section 11-2605, 
D.C. Official Code (relating to representation provided under the 
District of Columbia Criminal Justice Act), payments for counsel 
appointed in proceedings in the Family Court of the Superior Court of 
the District of Columbia under chapter 23 of title 16, D.C. Official 
Code, or pursuant to contractual agreements to provide guardian ad litem 
representation, training, technical assistance, and such other services 
as are necessary to improve the quality of guardian ad litem 
representation, payments for counsel appointed in adoption proceedings 
under chapter 3 of title 16, D.C. Official Code, and payments authorized 
under section 21-2060, D.C. Official Code (relating to services provided 
under the District of Columbia Guardianship, Protective Proceedings, and 
Durable Power of Attorney Act of 1986), $46,005,000, to remain available 
until expended:  Provided, That funds provided under this heading shall 
be administered by the Joint Committee on Judicial Administration in the 
District of Columbia:  Provided further, <<NOTE: Apportionment. Time 
period.>> That, notwithstanding any other provision of law, this 
appropriation shall be apportioned quarterly by the Office of Management 
and Budget and obligated and expended in the same manner as funds 
appropriated for expenses of other Federal agencies:  Provided further, 
That of the unobligated balances from prior year appropriations made 
available under this heading, $22,000,000, are hereby rescinded not 
later than September 30, 2023.

 federal payment to the court services and offender supervision agency 
                      for the district of columbia

    For salaries and expenses, including the transfer and hire of motor 
vehicles, of the Court Services and Offender Supervision Agency for the 
District of Columbia, as authorized by the National Capital 
Revitalization and Self-Government Improvement Act of 1997, 
$285,016,000, of which not to exceed $2,000 is for official reception 
and representation expenses related to Community Supervision and 
Pretrial Services Agency programs, and of which not to exceed $25,000 is 
for dues and assessments relating to the implementation of the Court 
Services and Offender Supervision Agency Interstate Supervision Act of 
2002:  Provided, That, of the funds appropriated under this heading, 
$204,579,000 shall be for necessary expenses of Community Supervision 
and Sex Offender Registration, to include expenses relating to the 
supervision of adults subject to protection orders or the provision of 
services for or related to such persons, of which $7,798,000 shall 
remain available until September 30, 2025, for costs associated with the 
relocation under replacement leases for headquarters offices, field 
offices

[[Page 136 STAT. 4675]]

and related facilities:  Provided further, That, of the funds 
appropriated under this heading, $80,437,000 shall be available to the 
Pretrial Services Agency, of which $998,000 shall remain available until 
September 30, 2025, for costs associated with relocation under a 
replacement lease for headquarters offices, field offices, and related 
facilities:  Provided further, <<NOTE: Apportionment. Time 
period.>> That notwithstanding any other provision of law, all amounts 
under this heading shall be apportioned quarterly by the Office of 
Management and Budget and obligated and expended in the same manner as 
funds appropriated for salaries and expenses of other Federal agencies:  
Provided further, That amounts under this heading may be used for 
programmatic incentives for defendants to successfully complete their 
terms of supervision.

   federal payment to the district of columbia public defender service

    For salaries and expenses, including the transfer and hire of motor 
vehicles, of the District of Columbia Public Defender Service, as 
authorized by the National Capital Revitalization and Self-Government 
Improvement Act of 1997, $53,629,000:  Provided, 
That <<NOTE: Apportionment. Time period.>>  notwithstanding any other 
provision of law, all amounts under this heading shall be apportioned 
quarterly by the Office of Management and Budget and obligated and 
expended in the same manner as funds appropriated for salaries and 
expenses of Federal agencies:  Provided further, That the District of 
Columbia Public Defender Service may establish for employees of the 
District of Columbia Public Defender Service a program substantially 
similar to the program set forth in subchapter II of chapter 35 of title 
5, United States Code, except that the maximum amount of the payment 
made under the program to any individual may not exceed the amount 
referred to in section 3523(b)(3)(B) of title 5, United States Code:  
Provided further, That for the purposes of engaging with, and receiving 
services from, Federal Franchise Fund Programs established in accordance 
with section 403 of the Government Management Reform Act of 1994, as 
amended, the District of Columbia Public Defender Service shall be 
considered an agency of the United States Government:  Provided 
further, <<NOTE: Contracts.>> That the District of Columbia Public 
Defender Service may enter into contracts for the procurement of 
severable services and multiyear contracts for the acquisition of 
property and services to the same extent and under the same conditions 
as an executive agency under sections 3902 and 3903 of title 41, United 
States Code.

      federal payment to the criminal justice coordinating council

    For a Federal payment to the Criminal Justice Coordinating Council, 
$2,450,000, to remain available until expended, to support initiatives 
related to the coordination of Federal and local criminal justice 
resources in the District of Columbia.

                federal payment for judicial commissions

    For a Federal payment, to remain available until September 30, 2024, 
to the Commission on Judicial Disabilities and Tenure, $330,000, and for 
the Judicial Nomination Commission, $300,000.

[[Page 136 STAT. 4676]]

                 federal payment for school improvement

    For a Federal payment for a school improvement program in the 
District of Columbia, $52,500,000, to remain available until expended, 
for payments authorized under the Scholarships for Opportunity and 
Results Act (division C of Public Law 112-10):  Provided, 
That, <<NOTE: Scholarships.>>  to the extent that funds are available 
for opportunity scholarships and following the priorities included in 
section 3006 of such Act, the Secretary of Education shall make 
scholarships available to students eligible under section 3013(3) of 
such Act (Public Law 112-10; 125 Stat. 211) including students who were 
not offered a scholarship during any previous school year:  Provided 
further, That within funds provided for opportunity scholarships up to 
$1,750,000 shall be for the activities specified in sections 3007(b) 
through 3007(d) of the Act and up to $500,000 shall be for the 
activities specified in section 3009 of the Act.

       federal payment for the district of columbia national guard

    For a Federal payment to the District of Columbia National Guard, 
$600,000, to remain available until expended for the Major General David 
F. Wherley, Jr. District of Columbia National Guard Retention and 
College Access Program.

          federal payment for testing and treatment of hiv/aids

    For a Federal payment to the District of Columbia for the testing of 
individuals for, and the treatment of individuals with, human 
immunodeficiency virus and acquired immunodeficiency syndrome in the 
District of Columbia, $4,000,000.

  federal payment to the district of columbia water and sewer authority

    For a Federal payment to the District of Columbia Water and Sewer 
Authority, $8,000,000, to remain available until expended, to continue 
implementation of the Combined Sewer Overflow Long-Term Plan:  Provided, 
That the District of Columbia Water and Sewer Authority provides a 100 
percent match for this payment.

                       District of Columbia Funds

    Local funds are appropriated for the District of Columbia for the 
current fiscal year out of the General Fund of the District of Columbia 
(``General Fund'') for programs and activities set forth in the Fiscal 
Year 2023 Local Budget Act of 2022 (D.C. Act 24-486) and at rates set 
forth under such Act, as amended as of the date of enactment of this 
Act:  Provided, That notwithstanding any other provision of law, except 
as provided in section 450A of the District of Columbia Home Rule Act 
(section 1-204.50a, D.C. Official Code), sections 816 and 817 of the 
Financial Services and General Government Appropriations Act, 2009 
(secs. 47-369.01 and 47-369.02, D.C. Official Code), and provisions of 
this Act, the total amount appropriated in this Act for operating 
expenses for the District of Columbia for fiscal year 2023 under this 
heading shall not exceed the estimates included in the Fiscal Year 2023 
Local Budget Act of 2022, as amended as of the date of enactment of this 
Act or the sum of the total revenues of the District of

[[Page 136 STAT. 4677]]

Columbia for such fiscal year:  Provided further, That the amount 
appropriated may be increased by proceeds of one-time transactions, 
which are expended for emergency or unanticipated operating or capital 
needs:  Provided further, <<NOTE: Compliance.>> That such increases 
shall be approved by enactment of local District law and shall comply 
with all reserve requirements contained in the District of Columbia Home 
Rule Act:  Provided further, That the Chief Financial Officer of the 
District of Columbia shall take such steps as are necessary to assure 
that the District of Columbia meets these requirements, including the 
apportioning by the Chief Financial Officer of the appropriations and 
funds made available to the District during fiscal year 2023, except 
that the Chief Financial Officer may not reprogram for operating 
expenses any funds derived from bonds, notes, or other obligations 
issued for capital projects.

    This title may be cited as the ``District of Columbia Appropriations 
Act, 2023''.

                                 TITLE V

                          INDEPENDENT AGENCIES

             Administrative Conference of the United States

                          salaries and expenses

    For necessary expenses of the Administrative Conference of the 
United States, authorized by 5 U.S.C. 591 et seq., $3,465,000, to remain 
available until September 30, 2024, of which not to exceed $1,000 is for 
official reception and representation expenses.

   Barry Goldwater Scholarship and Excellence in Education Foundation

                          salaries and expenses

    For payment to the Barry Goldwater Scholarship and Excellence in 
Education Fund, established by section 1408 of Public Law 99-661 (20 
U.S.C. 4707), for necessary expenses to carry out activities pursuant to 
the Barry Goldwater Scholarship and Excellence in Education Act of 1986 
(20 U.S.C. 4701 et seq.), $2,000,000, to remain available until 
expended.

                  Commodity Futures Trading Commission

                      (including transfer of funds)

    For necessary expenses to carry out the provisions of the Commodity 
Exchange Act (7 U.S.C. 1 et seq.), including the purchase and hire of 
passenger motor vehicles, and the rental of space (to include multiple 
year leases), in the District of Columbia and elsewhere, $365,000,000, 
including not to exceed $3,000 for official reception and representation 
expenses, and not to exceed $25,000 for the expenses for consultations 
and meetings hosted by the Commission with foreign governmental and 
other regulatory officials, of which not less than $20,000,000 shall 
remain available until September 30, 2024, and of which not less than 
$4,218,000 shall be for expenses of the Office of the Inspector General: 
 Provided, That <<NOTE: Contracts.>>  notwithstanding the limitations in 
31 U.S.C. 1553,

[[Page 136 STAT. 4678]]

amounts provided under this heading are available for the liquidation of 
obligations equal to current year payments on leases entered into prior 
to the date of enactment of this Act:  Provided further, That for the 
purpose of recording and liquidating any lease obligations that should 
have been recorded and liquidated against accounts closed pursuant to 31 
U.S.C. 1552, and consistent with the preceding proviso, such amounts 
shall be transferred to and recorded in a no-year account in the 
Treasury, which has been established for the sole purpose of recording 
adjustments for and liquidating such unpaid obligations.

                   Consumer Product Safety Commission

                          salaries and expenses

    For necessary expenses of the Consumer Product Safety Commission, 
including hire of passenger motor vehicles, services as authorized by 5 
U.S.C. 3109, but at rates for individuals not to exceed the per diem 
rate equivalent to the maximum rate payable under 5 U.S.C. 5376, 
purchase of nominal awards to recognize non-Federal officials' 
contributions to Commission activities, and not to exceed $4,000 for 
official reception and representation expenses, $152,500,000, of which 
$2,000,000 shall remain available until expended, to carry out the 
program, including administrative costs, required by section 1405 of the 
Virginia Graeme Baker Pool and Spa Safety Act (Public Law 110-140; 15 
U.S.C. 8004), and of which $2,000,000 shall remain available until 
expended, to carry out the program, including administrative costs, 
required by section 204 of the Nicholas and Zachary Burt Memorial Carbon 
Monoxide Poisoning Prevention Act of 2022 (title II of division Q of 
Public Law 117-103).

      administrative provision--consumer product safety commission

    Sec. 501.  During fiscal year 2023, none of the amounts made 
available by this Act may be used to finalize or implement the Safety 
Standard for Recreational Off-Highway Vehicles published by the Consumer 
Product Safety Commission in the Federal Register on November 19, 2014 
(79 Fed. Reg. 68964) until after--
            (1) <<NOTE: Study. Determination.>>  the National Academy of 
        Sciences, in consultation with the National Highway Traffic 
        Safety Administration and the Department of Defense, completes a 
        study to determine--
                    (A) the technical validity of the lateral stability 
                and vehicle handling requirements proposed by such 
                standard for purposes of reducing the risk of 
                Recreational Off-Highway Vehicle (referred to in this 
                section as ``ROV'') rollovers in the off-road 
                environment, including the repeatability and 
                reproducibility of testing for compliance with such 
                requirements;
                    (B) the number of ROV rollovers that would be 
                prevented if the proposed requirements were adopted;
                    (C) whether there is a technical basis for the 
                proposal to provide information on a point-of-sale 
                hangtag about a ROV's rollover resistance on a 
                progressive scale; and
                    (D) the effect on the utility of ROVs used by the 
                United States military if the proposed requirements were 
                adopted; and

[[Page 136 STAT. 4679]]

            (2) <<NOTE: Reports.>>  a report containing the results of 
        the study completed under paragraph (1) is delivered to--
                    (A) the Committee on Commerce, Science, and 
                Transportation of the Senate;
                    (B) the Committee on Energy and Commerce of the 
                House of Representatives;
                    (C) the Committee on Appropriations of the Senate; 
                and
                    (D) the Committee on Appropriations of the House of 
                Representatives.

                     Election Assistance Commission

                          salaries and expenses

    For necessary expenses to carry out the Help America Vote Act of 
2002 (Public Law 107-252), $28,000,000, of which $1,500,000 shall be 
made available to the National Institute of Standards and Technology for 
election reform activities authorized under the Help America Vote Act of 
2002, and of which $1,000,000, to remain available until expended, shall 
be for the Help America Vote College Program as authorized by title V of 
the Help America Vote Act of 2002.

election <<NOTE: State and local governments.>>  security grants

    Notwithstanding section 104(c)(2)(B) of the Help America Vote Act of 
2002 (52 U.S.C. 20904(c)(2)(B)), $75,000,000 is provided to the Election 
Assistance Commission for necessary expenses to make payments to States 
for activities to improve the administration of elections for Federal 
office, including to enhance election technology and make election 
security improvements, as authorized by sections 101, 103, and 104 of 
such Act:  Provided, <<NOTE: Northern Mariana Islands.>> That for 
purposes of applying such sections, the Commonwealth of the Northern 
Mariana Islands shall be deemed to be a State and, for purposes of 
sections 101(d)(2) and 103(a) shall be treated in the same manner as the 
Commonwealth of Puerto Rico, Guam, American Samoa, and the United States 
Virgin Islands:  Provided further, That each reference to the 
``Administrator of General Services'' or the ``Administrator'' in 
sections 101 and 103 shall be deemed to refer to the ``Election 
Assistance Commission'':  Provided further, That each reference to 
``$5,000,000'' in section 103 shall be deemed to refer to ``$1,000,000'' 
and each reference to ``$1,000,000'' in section 103 shall be deemed to 
refer to ``$200,000'':  Provided <<NOTE: Deadline.>> further, That not 
later than two years after receiving a payment under this heading, a 
State shall make available funds for such activities in an amount equal 
to 20 percent of the total amount of the payment made to the State under 
this heading:  Provided further, That not <<NOTE: Deadline. Payments.>>  
later than 45 days after the date of enactment of this Act, the Election 
Assistance Commission shall make the payments to States under this 
heading:  Provided further, <<NOTE: Reports.>> That States shall submit 
quarterly financial reports and annual progress reports.

[[Page 136 STAT. 4680]]

                    Federal Communications Commission

                          salaries and expenses

    For necessary expenses of the Federal Communications Commission, as 
authorized by law, including uniforms and allowances therefor, as 
authorized by 5 U.S.C. 5901-5902; not to exceed $4,000 for official 
reception and representation expenses; purchase and hire of motor 
vehicles; special counsel fees; and services as authorized by 5 U.S.C. 
3109, $390,192,000, to remain available until expended:  Provided, That 
$390,192,000 of offsetting collections shall be assessed and collected 
pursuant to section 9 of title I of the Communications Act of 1934, 
shall be retained and used for necessary expenses and shall remain 
available until expended:  Provided further, <<NOTE: Reduction.>> That 
the sum herein appropriated shall be reduced as such offsetting 
collections are received during fiscal year 2023 so as to result in a 
final fiscal year 2023 appropriation estimated at $0:  Provided further, 
That, notwithstanding 47 U.S.C. 309(j)(8)(B), proceeds from the use of a 
competitive bidding system that may be retained and made available for 
obligation shall not exceed $132,231,000 for fiscal year 2023:  Provided 
further, That, of the amount appropriated under this heading, not less 
than $12,131,000 shall be for the salaries and expenses of the Office of 
Inspector General.

      administrative provisions--federal communications commission

    Sec. 510.  Section 302 of the Universal Service Antideficiency 
Temporary Suspension Act <<NOTE: 118 Stat. 3998; 136 Stat. 269.>>  is 
amended by striking ``December 31, 2022'' each place it appears and 
inserting ``December 31, 2023''.

    Sec. 511.  None of the funds appropriated by this Act may be used by 
the Federal Communications Commission to modify, amend, or change its 
rules or regulations for universal service support payments to implement 
the February 27, 2004, recommendations of the Federal-State Joint Board 
on Universal Service regarding single connection or primary line 
restrictions on universal service support payments.

                  Federal Deposit Insurance Corporation

                     office of the inspector general

    For necessary expenses of the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, 
$47,500,000, to be derived from the Deposit Insurance Fund or, only when 
appropriate, the FSLIC Resolution Fund.

                       Federal Election Commission

                          salaries and expenses

    For necessary expenses to carry out the provisions of the Federal 
Election Campaign Act of 1971, $81,674,000, of which not to exceed 
$5,000 shall be available for reception and representation expenses.

[[Page 136 STAT. 4681]]

                    Federal Labor Relations Authority

                          salaries and expenses

    For necessary expenses to carry out functions of the Federal Labor 
Relations Authority, pursuant to Reorganization Plan Numbered 2 of 1978, 
and the Civil Service Reform Act of 1978, including services authorized 
by 5 U.S.C. 3109, and including hire of experts and consultants, hire of 
passenger motor vehicles, and including official reception and 
representation expenses (not to exceed $1,500) and rental of conference 
rooms in the District of Columbia and elsewhere, $29,400,000:  Provided, 
That public members of the Federal Service Impasses Panel may be paid 
travel expenses and per diem in lieu of subsistence as authorized by law 
(5 U.S.C. 5703) for persons employed intermittently in the Government 
service, and compensation as authorized by 5 U.S.C. 3109:  Provided 
further, That, notwithstanding 31 U.S.C. 3302, funds received from fees 
charged to non-Federal participants at labor-management relations 
conferences shall be credited to and merged with this account, to be 
available without further appropriation for the costs of carrying out 
these conferences.

                        Federal Trade Commission

                          salaries and expenses

    For necessary expenses of the Federal Trade Commission, including 
uniforms or allowances therefor, as authorized by 5 U.S.C. 5901-5902; 
services as authorized by 5 U.S.C. 3109; hire of passenger motor 
vehicles; and not to exceed $2,000 for official reception and 
representation expenses, $430,000,000, to remain available until 
expended:  Provided, That not to exceed $300,000 shall be available for 
use to contract with a person or persons for collection services in 
accordance with the terms of 31 U.S.C. 3718:  Provided further, That, 
notwithstanding any other provision of law, fees collected in fiscal 
year 2023 for premerger notification filings under the Hart-Scott-Rodino 
Antitrust Improvements Act of 1976 (15 U.S.C. 18a), (and estimated to be 
$190,000,000 in fiscal year 2023) shall be retained and used for 
necessary expenses in this appropriation and shall remain available 
until expended:  Provided further, That, notwithstanding any other 
provision of law, fees collected to implement and enforce the 
Telemarketing Sales Rule, promulgated under the Telemarketing and 
Consumer Fraud and Abuse Prevention Act (15 U.S.C. 6101 et seq.), 
regardless of the year of collection (and estimated to be $20,000,000 in 
fiscal year 2023), shall be credited to this account, and be retained 
and used for necessary expenses in this appropriation, and shall remain 
available until expended:  Provided further, <<NOTE: Reduction.>> That 
the sum herein appropriated from the general fund shall be reduced (1) 
as such offsetting collections are received during fiscal year 2023 and 
(2) to the extent that any remaining general fund appropriations can be 
derived from amounts credited to this account as offsetting collections 
in previous fiscal years that are not otherwise appropriated, so as to 
result in a final fiscal year 2023 appropriation from the general fund 
estimated at $48,000,000:  Provided further, That, notwithstanding 
section 605 of the Departments of Commerce, Justice, and State, the 
Judiciary, and Related Agencies Appropriations Act, 1990 (15 U.S.C. 18a 
note), none of the funds credited to this account

[[Page 136 STAT. 4682]]

as offsetting collections in previous fiscal years that were unavailable 
for obligation as of September 30, 2022, shall become available for 
obligation except as provided in the preceding proviso:  Provided 
further, That none of the funds made available to the Federal Trade 
Commission may be used to implement subsection (e)(2)(B) of section 43 
of the Federal Deposit Insurance Act (12 U.S.C. 1831t).

                     General Services Administration

                        real property activities

                         federal buildings fund

                 limitations on availability of revenue

                     (including transfers of funds)

    Amounts <<NOTE: Advance approvals.>>  in the Fund, including 
revenues and collections deposited into the Fund, shall be available for 
necessary expenses of real property management and related activities 
not otherwise provided for, including operation, maintenance, and 
protection of federally owned and leased buildings; rental of buildings 
in the District of Columbia; restoration of leased premises; moving 
governmental agencies (including space adjustments and 
telecommunications relocation expenses) in connection with the 
assignment, allocation, and transfer of space; contractual services 
incident to cleaning or servicing buildings, and moving; repair and 
alteration of federally owned buildings, including grounds, approaches, 
and appurtenances; care and safeguarding of sites; maintenance, 
preservation, demolition, and equipment; acquisition of buildings and 
sites by purchase, condemnation, or as otherwise authorized by law; 
acquisition of options to purchase buildings and sites; conversion and 
extension of federally owned buildings; preliminary planning and design 
of projects by contract or otherwise; construction of new buildings 
(including equipment for such buildings); and payment of principal, 
interest, and any other obligations for public buildings acquired by 
installment purchase and purchase contract; in the aggregate amount of 
$10,013,150,000, of which--
            (1) $807,809,000 shall remain available until expended for 
        construction and acquisition (including funds for sites and 
        expenses, and associated design and construction services) and 
        remediation, in addition to amounts otherwise provided for such 
        purposes, as follows:
            Connecticut:
            Hartford, U.S. Courthouse, $61,500,000;
            District of Columbia:
            DHS Consolidation at St. Elizabeths, $252,963,000;
            Federal Energy Regulatory Commission Lease Purchase Option, 
        $21,000,000;
            Southeast Federal Center Remediation, $3,946,000;
            Florida:
            Fort Lauderdale, U.S. Courthouse, $55,000,000;
            National Capital Region:
            Federal Bureau of Investigation Headquarters Consolidation, 
        $375,000,000;
            Tennessee:
            Chattanooga, U.S. Courthouse, $38,400,000:

[[Page 136 STAT. 4683]]

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

[[Page 136 STAT. 4684]]

        the Committees on Appropriations of the House of Representatives 
        and the Senate:  Provided further, That the amounts provided in 
        this or any prior Act for ``Repairs and Alterations'' may be 
        used to fund costs associated with implementing security 
        improvements to buildings necessary to meet the minimum 
        standards for security in accordance with current law and in 
        compliance with the reprogramming guidelines of the appropriate 
        Committees of the House and Senate:  Provided further, That the 
        difference between the funds appropriated and expended on any 
        projects in this or any prior Act, under the heading ``Repairs 
        and Alterations'', may be transferred to ``Basic Repairs and 
        Alterations'' or used to fund authorized increases in prospectus 
        projects:  Provided further, That the amount provided in this or 
        any prior Act for ``Basic Repairs and Alterations'' may be used 
        to pay claims against the Government arising from any projects 
        under the heading ``Repairs and Alterations'' or used to fund 
        authorized increases in prospectus projects;
            (3) $5,561,680,000 for rental of space to remain available 
        until expended; and
            (4) $2,981,381,000 for building operations to remain 
        available until expended:  Provided, <<NOTE: Proposed 
        prospectus.>> That the total amount of funds made available from 
        this Fund to the General Services Administration shall not be 
        available for expenses of any construction, repair, alteration 
        and acquisition project for which a prospectus, if required by 
        40 U.S.C. 3307(a), has not been approved, except that necessary 
        funds may be expended for each project for required expenses for 
        the development of a proposed prospectus:  Provided further, 
        That funds available in the Federal Buildings Fund may be 
        expended for emergency repairs when advance approval is obtained 
        from the Committees on Appropriations of the House of 
        Representatives and the Senate:  Provided further, That amounts 
        necessary to provide reimbursable special services to other 
        agencies under 40 U.S.C. 592(b)(2) and amounts to provide such 
        reimbursable fencing, lighting, guard booths, and other 
        facilities on private or other property not in Government 
        ownership or control as may be appropriate to enable the United 
        States Secret Service to perform its protective functions 
        pursuant to 18 U.S.C. 3056, shall be available from such 
        revenues and collections:  Provided further, That revenues and 
        collections and any other sums accruing to this Fund during 
        fiscal year 2023, excluding reimbursements under 40 U.S.C. 
        592(b)(2), in excess of the aggregate new obligational authority 
        authorized for Real Property Activities of the Federal Buildings 
        Fund in this Act shall remain in the Fund and shall not be 
        available for expenditure except as authorized in appropriations 
        Acts.

                           general activities

                         government-wide policy

    For expenses authorized by law, not otherwise provided for, for 
Government-wide policy associated with the management of real and 
personal property assets and certain administrative services; 
Government-wide policy support responsibilities relating to

[[Page 136 STAT. 4685]]

acquisition, travel, motor vehicles, information technology management, 
and related technology activities; and services as authorized by 5 
U.S.C. 3109; and evaluation activities as authorized by statute; 
$71,186,000, of which $4,000,000 shall remain available until September 
30, 2024.

                           operating expenses

    For expenses authorized by law, not otherwise provided for, for 
Government-wide activities associated with utilization and donation of 
surplus personal property; disposal of real property; agency-wide policy 
direction, and management; the hire of zero-emission passenger motor 
vehicles and supporting charging or fueling infrastructure; and services 
as authorized by 5 U.S.C. 3109; $54,478,000, of which not to exceed 
$7,500 is for official reception and representation expenses.

                   civilian board of contract appeals

    For expenses authorized by law, not otherwise provided for, for the 
activities associated with the Civilian Board of Contract Appeals, 
$10,352,000, of which $2,000,000 shall remain available until expended.

                       office of inspector general

    For necessary expenses of the Office of Inspector General and 
service authorized by 5 U.S.C. 3109, $74,583,000:  Provided, That not to 
exceed $3,000,000 shall be available for information technology 
enhancements related to implementing cloud services, improving security 
measures, and providing modern technology case management solutions:  
Provided further, That not to exceed $50,000 shall be available for 
payment for information and detection of fraud against the Government, 
including payment for recovery of stolen Government property:  Provided 
further, That not to exceed $2,500 shall be available for awards to 
employees of other Federal agencies and private citizens in recognition 
of efforts and initiatives resulting in enhanced Office of Inspector 
General effectiveness.

            allowances and office staff for former presidents

    For carrying out the provisions of the Act of August 25, 1958 (3 
U.S.C. 102 note), and Public Law 95-138, $5,200,000.

                      federal citizen services fund

                      (including transfer of funds)

    For expenses authorized by 40 U.S.C. 323 and 44 U.S.C. 3604; and for 
expenses authorized by law, not otherwise provided for, in support of 
interagency projects that enable the Federal Government to enhance its 
ability to conduct activities electronically, through the development 
and implementation of innovative uses of information technology; 
$90,000,000, to be deposited into the Federal Citizen Services Fund:  
Provided, That the previous amount may be transferred to Federal 
agencies to carry out the purpose of the Federal Citizen Services Fund:  
Provided further, That the appropriations, revenues, reimbursements, and 
collections deposited

[[Page 136 STAT. 4686]]

into the Fund shall be available until expended for necessary expenses 
of Federal Citizen Services and other activities that enable the Federal 
Government to enhance its ability to conduct activities electronically 
in the aggregate amount not to exceed $200,000,000:  Provided further, 
That appropriations, revenues, reimbursements, and collections accruing 
to this Fund during fiscal year 2023 in excess of such amount shall 
remain in the Fund and shall not be available for expenditure except as 
authorized in appropriations Acts:  Provided further, That, of the total 
amount appropriated, up to $5,000,000 shall be available for support 
functions and full-time hires to support activities related to the 
Administration's requirements under title II of the Foundations for 
Evidence-Based Policymaking Act of 2018 (Public Law 115-435):  Provided 
further, That the transfer authorities provided herein shall be in 
addition to any other transfer authority provided in this Act.

                      technology modernization fund

    For the Technology Modernization Fund, $50,000,000, to remain 
available until expended, for technology-related modernization 
activities.

                          working capital fund

    For the Working Capital Fund of the General Services Administration, 
$5,900,000, to remain available until expended, for necessary costs 
incurred by the Administrator to modernize rulemaking systems and to 
provide support services for Federal rulemaking agencies.

       administrative provisions--general services administration

                      (including transfer of funds)

    Sec. 520.  Funds available to the General Services Administration 
shall be available for the hire of passenger motor vehicles.
    Sec. 521.  Funds in the Federal Buildings Fund made available for 
fiscal year 2023 for Federal Buildings Fund activities may be 
transferred between such activities only to the extent necessary to meet 
program requirements:  Provided, <<NOTE: Advance approvals.>> That any 
proposed transfers shall be approved in advance by the Committees on 
Appropriations of the House of Representatives and the Senate.

    Sec. 522. <<NOTE: Courts. Study.>> Except as otherwise provided in 
this title, funds made available by this Act shall be used to transmit a 
fiscal year 2024 request for United States Courthouse construction only 
if the request: (1) meets the design guide standards for construction as 
established and approved by the General Services Administration, the 
Judicial Conference of the United States, and the Office of Management 
and Budget; (2) reflects the priorities of the Judicial Conference of 
the United States as set out in its approved Courthouse Project 
Priorities plan; and (3) includes a standardized courtroom utilization 
study of each facility to be constructed, replaced, or expanded.

    Sec. 523. <<NOTE: Determination.>> None of the funds provided in 
this Act may be used to increase the amount of occupiable square feet, 
provide cleaning services, security enhancements, or any other service 
usually provided through the Federal Buildings Fund, to any agency that 
does not pay the rate per square foot assessment for space

[[Page 136 STAT. 4687]]

and services as determined by the General Services Administration in 
consideration of the Public Buildings Amendments Act of 1972 (Public Law 
92-313).

    Sec. 524. <<NOTE: Notifications.>> From funds made available under 
the heading ``Federal Buildings Fund, Limitations on Availability of 
Revenue'', claims against the Government of less than $250,000 arising 
from direct construction projects and acquisition of buildings may be 
liquidated from savings effected in other construction projects with 
prior notification to the Committees on Appropriations of the House of 
Representatives and the Senate.

    Sec. 525. <<NOTE: Contracts. Determination. Statement.>> In any case 
in which the Committee on Transportation and Infrastructure of the House 
of Representatives and the Committee on Environment and Public Works of 
the Senate adopt a resolution granting lease authority pursuant to a 
prospectus transmitted to Congress by the Administrator of the General 
Services Administration under 40 U.S.C. 3307, the Administrator shall 
ensure that the delineated area of procurement is identical to the 
delineated area included in the prospectus for all lease agreements, 
except that, if the Administrator determines that the delineated area of 
the procurement should not be identical to the delineated area included 
in the prospectus, the Administrator shall provide an explanatory 
statement to each of such committees and the Committees on 
Appropriations of the House of Representatives and the Senate prior to 
exercising any lease authority provided in the resolution.

    Sec. 526. <<NOTE: Spending plan. Deadline.>>  With respect to 
projects funded under the heading ``Federal Citizen Services Fund'', the 
Administrator of General Services shall submit a spending plan and 
explanation for each project to be undertaken to the Committees on 
Appropriations of the House of Representatives and the Senate not later 
than 60 days after the date of enactment of this Act.

    Sec. 527. <<NOTE: Site selection.>>  The Administrator of the 
General Services Administration shall select a site from one of the 
three listed in the General Services Administration (GSA) Fiscal Year 
2017 PNCR-FBI-NCR17 prospectus for a new fully consolidated Federal 
Bureau of Investigation (FBI) headquarters.

    
In <<NOTE: Deadline. Consultations. Maryland. Virginia. Evaluation.>>  
considering the September 2022 and amended November 2022 GSA Site 
Selection Plan for the FBI Suburban Headquarters, not later than 90 days 
after enactment of this Act, prior to any action by the GSA site 
selection panel for the new Federal FBI headquarters, the GSA 
Administrator shall conduct separate and detailed consultations with 
individuals representing the sites from the State of Maryland and 
Commonwealth of Virginia to further consider perspectives related to 
mission requirements, sustainable siting and equity, and evaluate the 
viability of the GSA's Site Selection Criteria for the FBI Headquarters 
to ensure it is consistent with Congressional intent as expressed in the 
resolution of the Committee on Environment and Public Works of the 
Senate (112th Congress), adopted December 8, 2011 and further described 
in the General Services Administration Fiscal Year 2017 PNCR-FBI-NCR17 
prospectus. Following those consultations, the Administrator shall 
proceed with the site selection process.

[[Page 136 STAT. 4688]]

                  Harry S Truman Scholarship Foundation

                          salaries and expenses

    For payment to the Harry S Truman Scholarship Foundation Trust Fund, 
established by section 10 of Public Law 93-642, $3,000,000, to remain 
available until expended.

                     Merit Systems Protection Board

                          salaries and expenses

                      (including transfer of funds)

    For necessary expenses to carry out functions of the Merit Systems 
Protection Board pursuant to Reorganization Plan Numbered 2 of 1978, the 
Civil Service Reform Act of 1978, and the Whistleblower Protection Act 
of 1989 (5 U.S.C. 5509 note), including services as authorized by 5 
U.S.C. 3109, rental of conference rooms in the District of Columbia and 
elsewhere, hire of passenger motor vehicles, direct procurement of 
survey printing, and not to exceed $2,000 for official reception and 
representation expenses, $49,655,000, to remain available until 
September 30, 2024, and in addition not to exceed $2,345,000, to remain 
available until September 30, 2024, for administrative expenses to 
adjudicate retirement appeals to be transferred from the Civil Service 
Retirement and Disability Fund in amounts determined by the Merit 
Systems Protection Board.

             Morris K. Udall and Stewart L. Udall Foundation

             morris k. udall and stewart l. udall trust fund

                      (including transfer of funds)

    For payment to the Morris K. Udall and Stewart L. Udall Foundation, 
pursuant to the Morris K. Udall and Stewart L. Udall Foundation Act (20 
U.S.C. 5601 et seq.), $1,800,000, to remain available for direct 
expenditure until expended, of which, notwithstanding sections 8 and 9 
of such Act, up to $1,000,000 shall be available to carry out the 
activities authorized by section 6(7) of Public Law 102-259 and section 
817(a) of Public Law 106-568 (20 U.S.C. 5604(7)):  Provided, That all 
current and previous amounts transferred to the Office of Inspector 
General of the Department of the Interior will remain available until 
expended for audits and investigations of the Morris K. Udall and 
Stewart L. Udall Foundation, consistent with the Inspector General Act 
of 1978 (5 U.S.C. App.), as amended, and for annual independent 
financial audits of the Morris K. Udall and Stewart L. Udall Foundation 
pursuant to the Accountability of Tax Dollars Act of 2002 (Public Law 
107-289):  Provided further, That previous amounts transferred to the 
Office of Inspector General of the Department of the Interior may be 
transferred to the Morris K. Udall and Stewart L. Udall Foundation for 
annual independent financial audits pursuant to the Accountability of 
Tax Dollars Act of 2002 (Public Law 107-289).

[[Page 136 STAT. 4689]]

                  environmental dispute resolution fund

    For payment to the Environmental Dispute Resolution Fund to carry 
out activities authorized in the Environmental Policy and Conflict 
Resolution Act of 1998, $3,943,000, to remain available until expended.

              National Archives and Records Administration

                           operating expenses

    For necessary expenses in connection with the administration of the 
National Archives and Records Administration and archived Federal 
records and related activities, as provided by law, and for expenses 
necessary for the review and declassification of documents, the 
activities of the Public Interest Declassification Board, the operations 
and maintenance of the electronic records archives, the hire of 
passenger motor vehicles, and for uniforms or allowances therefor, as 
authorized by law (5 U.S.C. 5901), including maintenance, repairs, and 
cleaning, $427,520,000, of which $30,000,000 shall remain available 
until expended for expenses necessary to enhance the Federal 
Government's ability to electronically preserve, manage, and store 
Government records, and of which up to $2,000,000 shall remain available 
until expended to implement the Civil Rights Cold Case Records 
Collection Act of 2018 (Public Law 115-426).

                       office of inspector general

    For necessary expenses of the Office of Inspector General in 
carrying out the provisions of the Inspector General Reform Act of 2008, 
Public Law 110-409, 122 Stat. 4302-16 (2008), and the Inspector General 
Act of 1978 (5 U.S.C. App.), and for the hire of passenger motor 
vehicles, $5,980,000.

                         repairs and restoration

    For the repair, alteration, and improvement of archives facilities 
and museum exhibits, related equipment for public spaces, and to provide 
adequate storage for holdings, $22,224,000, to remain available until 
expended, of which no less than $7,250,000 is for upgrades to the Carter 
Presidential Library in Atlanta, Georgia and of which $6,000,000 is for 
the Ulysses S. Grant Presidential Museum in Starkville, Mississippi.

         national historical publications and records commission

                             grants program

    For necessary expenses for allocations and grants for historical 
publications and records as authorized by 44 U.S.C. 2504, $12,000,000, 
to remain available until expended, of which up to $2,000,000 shall be 
to preserve and make publicly available the congressional papers of 
former Members of the House and Senate.

[[Page 136 STAT. 4690]]

 administrative provision--national archives and records administration

    Sec. 530.  For an additional amount for ``National Historical 
Publications and Records Commission Grants Program'', $22,573,000, which 
shall be for initiatives in the amounts and for the projects specified 
in the table that appears under the heading ``Administrative 
Provisions--National Archives and Records Administration'' in the 
explanatory statement described in section 4 (in the matter preceding 
division A of this consolidated Act):  Provided, That none of the funds 
made available by this section may be transferred for any other purpose.

                  National Credit Union Administration

                community development revolving loan fund

    For the Community Development Revolving Loan Fund program as 
authorized by 42 U.S.C. 9812, 9822, and 9910, $3,500,000 shall be 
available until September 30, 2024, for technical assistance to low-
income designated credit unions:  Provided, That credit unions 
designated solely as minority depository institutions shall be eligible 
to apply for and receive such technical assistance.

                       Office of Government Ethics

                          salaries and expenses

    For necessary expenses to carry out functions of the Office of 
Government Ethics pursuant to the Ethics in Government Act of 1978, the 
Ethics Reform Act of 1989, and the Representative Louise McIntosh 
Slaughter Stop Trading on Congressional Knowledge Act of 2012, including 
services as authorized by 5 U.S.C. 3109, rental of conference rooms in 
the District of Columbia and elsewhere, hire of passenger motor 
vehicles, and not to exceed $1,500 for official reception and 
representation expenses, $24,500,000.

                     Office of Personnel Management

                          salaries and expenses

                  (including transfers of trust funds)

    For necessary expenses to carry out functions of the Office of 
Personnel Management (OPM) pursuant to Reorganization Plan Numbered 2 of 
1978 and the Civil Service Reform Act of 1978, including services as 
authorized by 5 U.S.C. 3109; medical examinations performed for veterans 
by private physicians on a fee basis; rental of conference rooms in the 
District of Columbia and elsewhere; hire of passenger motor vehicles; 
not to exceed $2,500 for official reception and representation expenses; 
and payment of per diem and/or subsistence allowances to employees where 
Voting Rights Act activities require an employee to remain overnight at 
his or her post of duty, $190,784,000:  Provided, That of the total 
amount made available under this heading, $19,373,000 shall remain 
available until expended, for information technology modernization and 
Trust Fund Federal Financial System migration

[[Page 136 STAT. 4691]]

or modernization, and shall be in addition to funds otherwise made 
available for such purposes:  Provided further, That of the total amount 
made available under this heading, $1,381,748 may be made available for 
strengthening the capacity and capabilities of the acquisition workforce 
(as defined by the Office of Federal Procurement Policy Act, as amended 
(41 U.S.C. 4001 et seq.)), including the recruitment, hiring, training, 
and retention of such workforce and information technology in support of 
acquisition workforce effectiveness or for management solutions to 
improve acquisition management; and in addition $194,924,000 for 
administrative expenses, to be transferred from the appropriate trust 
funds of OPM without regard to other statutes, including direct 
procurement of printed materials, for the retirement and insurance 
programs:  Provided further, That the provisions of this appropriation 
shall not affect the authority to use applicable trust funds as provided 
by sections 8348(a)(1)(B), 8958(f)(2)(A), 8988(f)(2)(A), and 
9004(f)(2)(A) of title 5, United States Code:  Provided further, That no 
part of this appropriation shall be available for salaries and expenses 
of the Legal Examining Unit of OPM established pursuant to Executive 
Order No. 9358 of July 1, 1943, or any successor unit of like purpose:  
Provided further, <<NOTE: Donations.>> That the President's Commission 
on White House Fellows, established by Executive Order No. 11183 of 
October 3, 1964, may, during fiscal year 2023, accept donations of 
money, property, and personal services:  Provided further, That such 
donations, including those from prior years, may be used for the 
development of publicity materials to provide information about the 
White House Fellows, except that no such donations shall be accepted for 
travel or reimbursement of travel expenses, or for the salaries of 
employees of such Commission:  Provided further, That not to exceed 5 
percent of amounts made available under this heading may be transferred 
to an information technology working capital fund established for 
purposes authorized by subtitle G of title X of division A of the 
National Defense Authorization Act for Fiscal Year 2018 (Public Law 115-
91; 40 U.S.C. 11301 note):  Provided 
further, <<NOTE: Notifications. Approvals. Time period.>> That the OPM 
Director shall notify, and receive approval from, the Committees on 
Appropriations of the House of Representatives and the Senate at least 
15 days in advance of any transfer under the preceding proviso:  
Provided further, That amounts transferred to such a fund under such 
transfer authority from any organizational category of OPM shall not 
exceed 5 percent of each such organizational category's budget as 
identified in the report required by section 608 of this Act:  Provided 
further, That amounts transferred to such a fund shall remain available 
for obligation through September 30, 2026.

                       office of inspector general

                          salaries and expenses

                   (including transfer of trust funds)

    For <<NOTE: Determination.>>  necessary expenses of the Office of 
Inspector General in carrying out the provisions of the Inspector 
General Act of 1978, including services as authorized by 5 U.S.C. 3109, 
hire of passenger motor vehicles, $6,908,000, and in addition, not to 
exceed $29,487,000 for administrative expenses to audit, investigate, 
and provide other oversight of the Office of Personnel Management's

[[Page 136 STAT. 4692]]

retirement and insurance programs, to be transferred from the 
appropriate trust funds of the Office of Personnel Management, as 
determined by the Inspector General:  Provided, That the Inspector 
General is authorized to rent conference rooms in the District of 
Columbia and elsewhere.

                        Office of Special Counsel

                          salaries and expenses

    For necessary expenses to carry out functions of the Office of 
Special Counsel, including services as authorized by 5 U.S.C. 3109, 
payment of fees and expenses for witnesses, rental of conference rooms 
in the District of Columbia and elsewhere, and hire of passenger motor 
vehicles, $31,904,000.

               Privacy and Civil Liberties Oversight Board

                          salaries and expenses

    For necessary expenses of the Privacy and Civil Liberties Oversight 
Board, as authorized by section 1061 of the Intelligence Reform and 
Terrorism Prevention Act of 2004 (42 U.S.C. 2000ee), $10,600,000, to 
remain available until September 30, 2024.

                      Public Buildings Reform Board

                          salaries and expenses

    For salaries and expenses of the Public Buildings Reform Board in 
carrying out the Federal Assets Sale and Transfer Act of 2016 (Public 
Law 114-287), $4,000,000, to remain available until expended.

                   Securities and Exchange Commission

                          salaries and expenses

    For necessary expenses for the Securities and Exchange Commission, 
including services as authorized by 5 U.S.C. 3109, the rental of space 
(to include multiple year leases) in the District of Columbia and 
elsewhere, and not to exceed $3,500 for official reception and 
representation expenses, $2,149,000,000, to remain available until 
expended; of which not less than $18,979,000 shall be for the Office of 
Inspector General; of which not to exceed $275,000 shall be available 
for a permanent secretariat for the International Organization of 
Securities Commissions; and of which not to exceed $100,000 shall be 
available for expenses for consultations and meetings hosted by the 
Commission with foreign governmental and other regulatory officials, 
members of their delegations and staffs to exchange views concerning 
securities matters, such expenses to include necessary logistic and 
administrative expenses and the expenses of Commission staff and foreign 
invitees in attendance including: (1) incidental expenses such as meals; 
(2) travel and transportation; and (3) related lodging or subsistence.
    In addition to the foregoing appropriation, for move, replication, 
and related costs associated with a replacement lease for the 
Commission's District of Columbia headquarters facilities, not to

[[Page 136 STAT. 4693]]

exceed $57,405,000, to remain available until expended; and for move, 
replication, and related costs associated with a replacement lease for 
the Commission's San Francisco Regional Office facilities, not to exceed 
$3,365,000, to remain available until expended.
    For purposes of calculating the fee rate under section 31(j) of the 
Securities Exchange Act of 1934 (15 U.S.C. 78ee(j)) for fiscal year 
2023, all amounts appropriated under this heading shall be deemed to be 
the regular appropriation to the Commission for fiscal year 2023:  
Provided, That fees and charges authorized by section 31 of the 
Securities Exchange Act of 1934 (15 U.S.C. 78ee) shall be credited to 
this account as offsetting collections:  Provided further, That not to 
exceed $2,149,000,000 of such offsetting collections shall be available 
until expended for necessary expenses of this account; not to exceed 
$57,405,000 of such offsetting collections shall be available until 
expended for move, replication, and related costs under this heading 
associated with a replacement lease for the Commission's District of 
Columbia headquarters facilities; and not to exceed $3,365,000 of such 
offsetting collections shall be available until expended for move, 
replication, and related costs under this heading associated with a 
replacement lease for the Commission's San Francisco Regional Office 
facilities:  Provided further, That <<NOTE: Reduction.>>  the total 
amount appropriated under this heading from the general fund for fiscal 
year 2023 shall be reduced as such offsetting fees are received so as to 
result in a final total fiscal year 2023 appropriation from the general 
fund estimated at not more than $0:  Provided further, That if any 
amount of the appropriation for move, replication, and related costs 
associated with a replacement lease for the Commission's District of 
Columbia headquarters facilities or if any amount of the appropriation 
for move, replication, and related costs associated with a replacement 
lease for the Commission's San Francisco Regional Office facilities is 
subsequently de-obligated by the Commission, such amount that was 
derived from the general fund shall be returned to the general fund, and 
such amounts that were derived from fees or assessments collected for 
such purpose shall be paid to each national securities exchange and 
national securities association, respectively, in proportion to any fees 
or assessments paid by such national securities exchange or national 
securities association under section 31 of the Securities Exchange Act 
of 1934 (15 U.S.C. 78ee) in fiscal year 2023.

                        Selective Service System

                          salaries and expenses

    For necessary expenses of the Selective Service System, including 
expenses of attendance at meetings and of training for uniformed 
personnel assigned to the Selective Service System, as authorized by 5 
U.S.C. 4101-4118 for civilian employees; hire of passenger motor 
vehicles; services as authorized by 5 U.S.C. 3109; and not to exceed 
$750 for official reception and representation expenses; $31,700,000:  
Provided, <<NOTE: President. Exemption.>> That during the current fiscal 
year, the President may exempt this appropriation from the provisions of 
31 U.S.C. 1341, whenever the President deems such action to be necessary 
in the interest of national defense:  Provided further, That none of the 
funds appropriated by this Act may be expended

[[Page 136 STAT. 4694]]

for or in connection with the induction of any person into the Armed 
Forces of the United States.

                      Small Business Administration

                          salaries and expenses

    For necessary expenses, not otherwise provided for, of the Small 
Business Administration, including hire of passenger motor vehicles as 
authorized by sections 1343 and 1344 of title 31, United States Code, 
and not to exceed $3,500 for official reception and representation 
expenses, $326,000,000, of which not less than $12,000,000 shall be 
available for examinations, reviews, and other lender oversight 
activities:  Provided, <<NOTE: Fees.>> That the Administrator is 
authorized to charge fees to cover the cost of publications developed by 
the Small Business Administration, and certain loan program activities, 
including fees authorized by section 5(b) of the Small Business Act:  
Provided further, That, notwithstanding 31 U.S.C. 3302, revenues 
received from all such activities shall be credited to this account, to 
remain available until expended, for carrying out these purposes without 
further appropriations:  Provided further, That the Small Business 
Administration may accept gifts in an amount not to exceed $4,000,000 
and may co-sponsor activities, each in accordance with section 132(a) of 
division K of Public Law 108-447, during fiscal year 2023:  Provided 
further, That $6,100,000 shall be available for the Loan Modernization 
and Accounting System, to be available until September 30, 2024:  
Provided further, That $20,000,000 shall be available for costs 
associated with the certification of small business concerns owned and 
controlled by veterans or service-disabled veterans under sections 36A 
and 36 of the Small Business Act (15 U.S.C. 657f-1; 657f), respectively, 
and section 862 of Public Law 116-283, to be available until September 
30, 2024.

                  entrepreneurial development programs

    For necessary expenses of programs supporting entrepreneurial and 
small business development, $320,000,000, to remain available until 
September 30, 2024:  Provided, That $140,000,000 shall be available to 
fund grants for performance in fiscal year 2023 or fiscal year 2024 as 
authorized by section 21 of the Small Business Act:  Provided further, 
That $41,000,000 shall be for marketing, management, and technical 
assistance under section 7(m) of the Small Business Act (15 U.S.C. 
636(m)(4)) by intermediaries that make microloans under the microloan 
program:  Provided further, That $20,000,000 shall be available for 
grants to States to carry out export programs that assist small business 
concerns authorized under section 22(l) of the Small Business Act (15 
U.S.C. 649(l)).

                       office of inspector general

    For necessary expenses of the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, 
$32,020,000.

[[Page 136 STAT. 4695]]

                           office of advocacy

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

                     business loans program account

                      (including transfer of funds)

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

                     disaster loans program account

                     (including transfers of funds)

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

[[Page 136 STAT. 4696]]

as being for disaster relief pursuant to a concurrent resolution on the 
budget in the Senate and section 1(f) of H. Res. 1151 (117th Congress), 
as engrossed in the House of Representatives on June 8, 2022.

        administrative provisions--small business administration

                     (including transfers of funds)

    Sec. 540.  Not to exceed 5 percent of any appropriation made 
available for the current fiscal year for the Small Business 
Administration in this Act may be transferred between such 
appropriations, but no such appropriation shall be increased by more 
than 10 percent by any such transfers:  Provided, That any transfer 
pursuant to this paragraph shall be treated as a reprogramming of funds 
under section 608 of this Act and shall not be available for obligation 
or expenditure except in compliance with the procedures set forth in 
that section.
    Sec. 541. <<NOTE: Advance approvals.>> Not to exceed 3 percent of 
any appropriation made available in this Act for the Small Business 
Administration under the headings ``Salaries and Expenses'' and 
``Business Loans Program Account'' may be transferred to the 
Administration's information technology system modernization and working 
capital fund (IT WCF), as authorized by section 1077(b)(1) of title X of 
division A of the National Defense Authorization Act for Fiscal Year 
2018, for the purposes specified in section 1077(b)(3) of such Act, upon 
the advance approval of the Committees on Appropriations of the House of 
Representatives and the Senate:  Provided, That amounts transferred to 
the IT WCF under this section shall remain available for obligation 
through September 30, 2026.

    Sec. 542.  For an additional amount for ``Small Business 
Administration--Salaries and Expenses'', $179,710,000, which shall be 
for initiatives related to small business development and 
entrepreneurship, including programmatic, construction, and acquisition 
activities, in the amounts and for the projects specified in the table 
that appears under the heading ``Administrative Provisions--Small 
Business Administration'' in the explanatory statement described in 
section 4 (in the matter preceding division A of this consolidated Act): 
 Provided, <<NOTE: Grants. Contracts.>> That, notwithstanding sections 
2701.92 and 2701.93 of title 2, Code of Federal Regulations, the 
Administrator of the Small Business Administration may permit awards to 
subrecipients for initiatives funded under this section:  Provided 
further, That none of the funds made available by this section may be 
transferred for any other purpose.

                      United States Postal Service

                   payment to the postal service fund

    For payment to the Postal Service Fund for revenue forgone on free 
and reduced rate mail, pursuant to subsections (c) and (d) of section 
2401 of title 39, United States Code, $50,253,000:  
Provided, <<NOTE: Mail.>> That mail for overseas voting and mail for the 
blind shall continue to be free:  Provided further, That none of the 
funds made available to the Postal Service by this Act shall be used to 
implement any rule, regulation, or policy of charging any officer or 
employee of any State or local child support enforcement agency, or any 
individual participating in a State or local program of child

[[Page 136 STAT. 4697]]

support enforcement, a fee for information requested or provided 
concerning an address of a postal customer:  Provided further, That none 
of the funds provided in this Act shall be used to consolidate or close 
small rural and other small post offices:  Provided further, That the 
Postal Service may not destroy, and shall continue to offer for sale, 
any copies of the Multinational Species Conservation Funds Semipostal 
Stamp, as authorized under the Multinational Species Conservation Funds 
Semipostal Stamp Act of 2010 (Public Law 111-241).

                       office of inspector general

                          salaries and expenses

                      (including transfer of funds)

    For necessary expenses of the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, 
$271,000,000, to be derived by transfer from the Postal Service Fund and 
expended as authorized by section 603(b)(3) of the Postal Accountability 
and Enhancement Act (Public Law 109-435).

                         United States Tax Court

                          salaries and expenses

    For necessary expenses, including contract reporting and other 
services as authorized by 5 U.S.C. 3109, and not to exceed $3,000 for 
official reception and representation expenses, $57,300,000, of which 
$1,000,000 shall remain available until expended:  Provided, That the 
amount made available under 26 U.S.C. 7475 shall be transferred and 
added to any amounts available under 26 U.S.C. 7473, to remain available 
until expended, for the operation and maintenance of the United States 
Tax Court:  Provided further, That <<NOTE: Certificate.>>  travel 
expenses of the judges shall be paid upon the written certificate of the 
judge.

                                TITLE VI

                      GENERAL PROVISIONS--THIS ACT

                     (including rescission of funds)

    Sec. 601.  None of the funds in this Act shall be used for the 
planning or execution of any program to pay the expenses of, or 
otherwise compensate, non-Federal parties intervening in regulatory or 
adjudicatory proceedings funded in this Act.
    Sec. 602.  None of the funds appropriated in this Act shall remain 
available for obligation beyond the current fiscal year, nor may any be 
transferred to other appropriations, except for transfers made pursuant 
to the authority in section 3173(d) of title 40, United States Code, 
unless expressly so provided herein.
    Sec. 603. <<NOTE: Contracts.>> The expenditure of any appropriation 
under this Act for any consulting service through procurement contract 
pursuant to 5 U.S.C. 3109, shall be limited to those contracts where 
such expenditures are a matter of public record and available for public 
inspection, except where otherwise provided under

[[Page 136 STAT. 4698]]

existing law, or under existing Executive order issued pursuant to 
existing law.

    Sec. 604.  None of the funds made available in this Act may be 
transferred to any department, agency, or instrumentality of the United 
States Government, except pursuant to a transfer made by, or transfer 
authority provided in, this Act or any other appropriations Act.
    Sec. 605.  None of the funds made available by this Act shall be 
available for any activity or for paying the salary of any Government 
employee where funding an activity or paying a salary to a Government 
employee would result in a decision, determination, rule, regulation, or 
policy that would prohibit the enforcement of section 307 of the Tariff 
Act of 1930 (19 U.S.C. 1307).
    Sec. 606. <<NOTE: Compliance.>>  No funds appropriated pursuant to 
this Act may be expended by an entity unless the entity agrees that in 
expending the assistance the entity will comply with chapter 83 of title 
41, United States Code.

    Sec. 607.  No funds appropriated or otherwise made available under 
this Act shall be made available to any person or entity that has been 
convicted of violating chapter 83 of title 41, United States Code.
    Sec. 608. <<NOTE: Advance approvals.>>  Except as otherwise provided 
in this Act, none of the funds provided in this Act, provided by 
previous appropriations Acts to the agencies or entities funded in this 
Act that remain available for obligation or expenditure in fiscal year 
2023, or provided from any accounts in the Treasury derived by the 
collection of fees and available to the agencies funded by this Act, 
shall be available for obligation or expenditure through a reprogramming 
of funds that: (1) creates a new program; (2) eliminates a program, 
project, or activity; (3) increases funds or personnel for any program, 
project, or activity for which funds have been denied or restricted by 
the Congress; (4) proposes to use funds directed for a specific activity 
by the Committee on Appropriations of either the House of 
Representatives or the Senate for a different purpose; (5) augments 
existing programs, projects, or activities in excess of $5,000,000 or 10 
percent, whichever is less; (6) reduces existing programs, projects, or 
activities by $5,000,000 or 10 percent, whichever is less; or (7) 
creates or reorganizes offices, programs, or activities unless prior 
approval is received from the Committees on Appropriations of the House 
of Representatives and the Senate:  
Provided, <<NOTE: Consultation.>> That prior to any significant 
reorganization, restructuring, relocation, or closing of offices, 
programs, or activities, each agency or entity funded in this Act shall 
consult with the Committees on Appropriations of the House of 
Representatives and the Senate:  Provided 
further, <<NOTE: Reports.>> That not later than 60 days after the date 
of enactment of this Act, each agency funded by this Act shall submit a 
report to the Committees on Appropriations of the House of 
Representatives and the Senate to establish the baseline for application 
of reprogramming and transfer authorities for the current fiscal year:  
Provided further, <<NOTE: Applicability.>> That at a minimum the report 
shall include: (1) a table for each appropriation, detailing both full-
time employee equivalents and budget authority, with separate columns to 
display the prior year enacted level, the President's budget request, 
adjustments made by Congress, adjustments due to enacted rescissions, if 
appropriate, and the fiscal year enacted level; (2) a delineation in the 
table for each appropriation and its respective prior year enacted level 
by object class and program,

[[Page 136 STAT. 4699]]

project, and activity as detailed in this Act, in the accompanying 
report, or in the budget appendix for the respective appropriation, 
whichever is more detailed, and which shall apply to all items for which 
a dollar amount is specified and to all programs for which new budget 
authority is provided, as well as to discretionary grants and 
discretionary grant allocations; and (3) an identification of items of 
special congressional interest:  Provided further, <<NOTE: Reduction.>>  
That the amount appropriated or limited for salaries and expenses for an 
agency shall be reduced by $100,000 per day for each day after the 
required date that the report has not been submitted to the Congress.

    Sec. 609.  Except as otherwise specifically provided by law, not to 
exceed 50 percent of unobligated balances remaining available at the end 
of fiscal year 2023 from appropriations made available for salaries and 
expenses for fiscal year 2023 in this Act, shall remain available 
through September 30, 2024, for each such account for the purposes 
authorized:  Provided, <<NOTE: Approval requests.>>  That a request 
shall be submitted to the Committees on Appropriations of the House of 
Representatives and the Senate for approval prior to the expenditure of 
such funds:  Provided further, <<NOTE: Compliance.>> That these requests 
shall be made in compliance with reprogramming guidelines.

    Sec. 610. <<NOTE: Background investigations.>>  (a) None of the 
funds made available in this Act may be used by the Executive Office of 
the President to request--
            (1) any official background investigation report on any 
        individual from the Federal Bureau of Investigation; or
            (2) a <<NOTE: Determination. Tax exemption.>>  determination 
        with respect to the treatment of an organization as described in 
        section 501(c) of the Internal Revenue Code of 1986 and exempt 
        from taxation under section 501(a) of such Code from the 
        Department of the Treasury or the Internal Revenue Service.

    (b) Subsection (a) shall not apply--
            (1) <<NOTE: Time period.>>  in the case of an official 
        background investigation report, if such individual has given 
        express written consent for such request not more than 6 months 
        prior to the date of such request and during the same 
        presidential administration; or
            (2) if such request is required due to extraordinary 
        circumstances involving national security.

    Sec. 611.  The cost accounting standards promulgated under chapter 
15 of title 41, United States Code shall not apply with respect to a 
contract under the Federal Employees Health Benefits Program established 
under chapter 89 of title 5, United States Code.
    Sec. 612.  For the purpose of resolving litigation and implementing 
any settlement agreements regarding the nonforeign area cost-of-living 
allowance program, the Office of Personnel Management may accept and 
utilize (without regard to any restriction on unanticipated travel 
expenses imposed in an appropriations Act) funds made available to the 
Office of Personnel Management pursuant to court approval.
    Sec. 613. <<NOTE: Abortion.>> No funds appropriated by this Act 
shall be available to pay for an abortion, or the administrative 
expenses in connection with any health plan under the Federal employees 
health benefits program which provides any benefits or coverage for 
abortions.

    Sec. 614.  The provision of section 613 shall not apply where the 
life of the mother would be endangered if the fetus were carried to 
term, or the pregnancy is the result of an act of rape or incest.

[[Page 136 STAT. 4700]]

    Sec. 615.  In order to promote Government access to commercial 
information technology, the restriction on purchasing nondomestic 
articles, materials, and supplies set forth in chapter 83 of title 41, 
United States Code (popularly known as the Buy American Act), shall not 
apply to the acquisition by the Federal Government of information 
technology (as defined in section 11101 of title 40, United States 
Code), that is a commercial item (as defined in section 103 of title 41, 
United States Code).
    Sec. 616.  Notwithstanding section 1353 of title 31, United States 
Code, no officer or employee of any regulatory agency or commission 
funded by this Act may accept on behalf of that agency, nor may such 
agency or commission accept, payment or reimbursement from a non-Federal 
entity for travel, subsistence, or related expenses for the purpose of 
enabling an officer or employee to attend and participate in any meeting 
or similar function relating to the official duties of the officer or 
employee when the entity offering payment or reimbursement is a person 
or entity subject to regulation by such agency or commission, or 
represents a person or entity subject to regulation by such agency or 
commission, unless the person or entity is an organization described in 
section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from 
tax under section 501(a) of such Code.
    Sec. 617. (a)(1) <<NOTE: Contracts. Consultation.>> Notwithstanding 
any other provision of law, an Executive agency covered by this Act 
otherwise authorized to enter into contracts for either leases or the 
construction or alteration of real property for office, meeting, 
storage, or other space must consult with the General Services 
Administration before issuing a solicitation for offers of new leases or 
construction contracts, and in the case of succeeding leases, before 
entering into negotiations with the current lessor.

    (2) <<NOTE: President.>>  Any such agency with authority to enter 
into an emergency lease may do so during any period declared by the 
President to require emergency leasing authority with respect to such 
agency.

    (b) <<NOTE: Definition.>>  For purposes of this section, the term 
``Executive agency covered by this Act'' means any Executive agency 
provided funds by this Act, but does not include the General Services 
Administration or the United States Postal Service.

    Sec. 618. (a) There are appropriated for the following activities 
the amounts required under current law:
            (1) Compensation of the President (3 U.S.C. 102).
            (2) Payments to--
                    (A) the Judicial Officers' Retirement Fund (28 
                U.S.C. 377(o));
                    (B) the Judicial Survivors' Annuities Fund (28 
                U.S.C. 376(c)); and
                    (C) the United States Court of Federal Claims 
                Judges' Retirement Fund (28 U.S.C. 178(l)).
            (3) Payment of Government contributions--
                    (A) with respect to the health benefits of retired 
                employees, as authorized by chapter 89 of title 5, 
                United States Code, and the Retired Federal Employees 
                Health Benefits Act (74 Stat. 849); and
                    (B) with respect to the life insurance benefits for 
                employees retiring after December 31, 1989 (5 U.S.C. ch. 
                87).

[[Page 136 STAT. 4701]]

            (4) Payment to finance the unfunded liability of new and 
        increased annuity benefits under the Civil Service Retirement 
        and Disability Fund (5 U.S.C. 8348).
            (5) Payment of annuities authorized to be paid from the 
        Civil Service Retirement and Disability Fund by statutory 
        provisions other than subchapter III of chapter 83 or chapter 84 
        of title 5, United States Code.

    (b) Nothing in this section may be construed to exempt any amount 
appropriated by this section from any otherwise applicable limitation on 
the use of funds contained in this Act.
    Sec. 619. <<NOTE: Reports. Compliance.>> None of the funds made 
available in this Act may be used by the Federal Trade Commission to 
complete the draft report entitled ``Interagency Working Group on Food 
Marketed to Children: Preliminary Proposed Nutrition Principles to Guide 
Industry Self-Regulatory Efforts'' unless the Interagency Working Group 
on Food Marketed to Children complies with Executive Order No. 13563.

    Sec. 620. (a) The head of each executive branch agency funded by 
this Act shall ensure that the Chief Information Officer of the agency 
has the authority to participate in decisions regarding the budget 
planning process related to information technology.
    (b) <<NOTE: Allocation.>>  Amounts appropriated for any executive 
branch agency funded by this Act that are available for information 
technology shall be allocated within the agency, consistent with the 
provisions of appropriations Acts and budget guidelines and 
recommendations from the Director of the Office of Management and 
Budget, in such manner as specified by, or approved by, the Chief 
Information Officer of the agency in consultation with the Chief 
Financial Officer of the agency and budget officials.

    Sec. 621.  None of the funds made available in this Act may be used 
in contravention of chapter 29, 31, or 33 of title 44, United States 
Code.
    Sec. 622.  None of the funds made available in this Act may be used 
by a governmental entity to require the disclosure by a provider of 
electronic communication service to the public or remote computing 
service of the contents of a wire or electronic communication that is in 
electronic storage with the provider (as such terms are defined in 
sections 2510 and 2711 of title 18, United States Code) in a manner that 
violates the Fourth Amendment to the Constitution of the United States.
    Sec. 623. <<NOTE: Records.>> No funds provided in this Act shall be 
used to deny an Inspector General funded under this Act timely access to 
any records, documents, or other materials available to the department 
or agency over which that Inspector General has responsibilities under 
the Inspector General Act of 1978, or to prevent or impede that 
Inspector General's access to such records, documents, or other 
materials, under any provision of law, except a provision of law that 
expressly refers to the Inspector General and expressly limits the 
Inspector General's right of access. A department or agency covered by 
this section shall provide its Inspector General with access to all such 
records, documents, and other materials in a timely 
manner. <<NOTE: Compliance.>> Each Inspector General shall ensure 
compliance with statutory limitations on disclosure relevant to the 
information provided by the establishment over which that Inspector 
General has responsibilities under the Inspector General Act of 
1978. <<NOTE: Reports.>> Each Inspector General covered by this section 
shall

[[Page 136 STAT. 4702]]

report to the Committees on Appropriations of the House of 
Representatives and the Senate within 5 calendar days any failures to 
comply with this requirement.

    Sec. 624.  None of the funds appropriated by this Act may be used by 
the Federal Communications Commission to modify, amend, or change the 
rules or regulations of the Commission for universal service high-cost 
support for competitive eligible telecommunications carriers in a way 
that is inconsistent with paragraph (e)(5) or (e)(6) of section 54.307 
of title 47, Code of Federal Regulations, as in effect on July 15, 2015: 
 Provided, That this section shall not prohibit the Commission from 
considering, developing, or adopting other support mechanisms as an 
alternative to Mobility Fund Phase II:  Provided further, That any such 
alternative mechanism shall maintain existing high-cost support to 
competitive eligible telecommunications carriers until support under 
such mechanism commences.
    Sec. 625. (a) <<NOTE: Pornography.>>  None of the funds made 
available in this Act may be used to maintain or establish a computer 
network unless such network blocks the viewing, downloading, and 
exchanging of pornography.

    (b) Nothing in subsection (a) shall limit the use of funds necessary 
for any Federal, State, Tribal, or local law enforcement agency or any 
other entity carrying out criminal investigations, prosecution, 
adjudication activities, or other law enforcement- or victim assistance-
related activity.
    Sec. 626. <<NOTE: Contracts. Determination.>>  None of the funds 
appropriated or other-wise made available by this Act may be used to pay 
award or incentive fees for contractors whose performance has been 
judged to be below satisfactory, behind schedule, over budget, or has 
failed to meet the basic requirements of a contract, unless the Agency 
determines that any such deviations are due to unforeseeable events, 
government-driven scope changes, or are not significant within the 
overall scope of the project and/or program and unless such awards or 
incentive fees are consistent with section 16.401(e)(2) of the Federal 
Acquisition Regulation.

    Sec. 627. <<NOTE: Conference 
attendees. Determinations. Notifications.>>  (a) None of the funds made 
available under this Act may be used to pay for travel and conference 
activities that result in a total cost to an Executive branch 
department, agency, board or commission funded by this Act of more than 
$500,000 at any single conference unless the agency or entity determines 
that such attendance is in the national interest and advance notice is 
transmitted to the Committees on Appropriations of the House of 
Representatives and the Senate that includes the basis of that 
determination.

    (b) None of the funds made available under this Act may be used to 
pay for the travel to or attendance of more than 50 employees, who are 
stationed in the United States, at any single conference occurring 
outside the United States unless the agency or entity determines that 
such attendance is in the national interest and advance notice is 
transmitted to the Committees on Appropriations of the House of 
Representatives and the Senate that includes the basis of that 
determination.
    Sec. 628.  None of the funds made available by this Act may be used 
for first-class or business-class travel by the employees of executive 
branch agencies funded by this Act in contravention of sections 301-
10.122 through 301-10.125 of title 41, Code of Federal Regulations.

[[Page 136 STAT. 4703]]

    Sec. 629.  In addition to any amounts appropriated or otherwise made 
available for expenses related to enhancements to www.oversight.gov, 
$850,000, to remain available until expended, shall be provided for an 
additional amount for such purpose to the Inspectors General Council 
Fund established pursuant to section 11(c)(3)(B) of the Inspector 
General Act of 1978 (5 U.S.C. App.):  Provided, That these amounts shall 
be in addition to any amounts or any authority available to the Council 
of the Inspectors General on Integrity and Efficiency under section 11 
of the Inspector General Act of 1978 (5 U.S.C. App.).
    Sec. 630. <<NOTE: Notification.>>  None of the funds made available 
by this Act may be obligated on contracts in excess of $5,000 for public 
relations, as that term is defined in Office and Management and Budget 
Circular A-87 (revised May 10, 2004), unless advance notice of such an 
obligation is transmitted to the Committees on Appropriations of the 
House of Representatives and the Senate.

    Sec. 631. <<NOTE: Requirement.>>  Federal agencies funded under this 
Act shall clearly state within the text, audio, or video used for 
advertising or educational purposes, including emails or Internet 
postings, that the communication is printed, published, or produced and 
disseminated at U.S. taxpayer expense. The funds used by a Federal 
agency to carry out this requirement shall be derived from amounts made 
available to the agency for advertising or other communications 
regarding the programs and activities of the agency.

    Sec. 632. <<NOTE: Requirement.>>  When issuing statements, press 
releases, requests for proposals, bid solicitations and other documents 
describing projects or programs funded in whole or in part with Federal 
money, all grantees receiving Federal funds included in this Act, shall 
clearly state--
            (1) the percentage of the total costs of the program or 
        project which will be financed with Federal money;
            (2) the dollar amount of Federal funds for the project or 
        program; and
            (3) percentage and dollar amount of the total costs of the 
        project or program that will be financed by non-governmental 
        sources.

    Sec. 633.  None of the funds made available by this Act shall be 
used by the Securities and Exchange Commission to finalize, issue, or 
implement any rule, regulation, or order regarding the disclosure of 
political contributions, contributions to tax exempt organizations, or 
dues paid to trade associations.
    Sec. 634. <<NOTE: Reports.>>  Not later than 45 days after the last 
day of each quarter, each agency funded in this Act shall submit to the 
Committees on Appropriations of the House of Representatives and the 
Senate a quarterly budget report that includes total obligations of the 
Agency for that quarter for each appropriation, by the source year of 
the appropriation.

    Sec. 635. (a) Section 41002(c)(1) of Public Law 114-94 (42 U.S.C. 
4370m-1(c)(1)) is amended by adding at the end the following new 
subparagraph:
                    ``(E) <<NOTE: Appointments.>>  Personnel.--The 
                Executive Director of the Council may appoint and fix 
                the compensation of such employees as the Executive 
                Director considers necessary to carry out the roles and 
                responsibilities of the Executive Director.''.

[[Page 136 STAT. 4704]]

    (b) Section 41009(d)(2) of Public Law 114-94 (42 U.S.C. 4370m-
8(d)(2)) is amended by striking ``staffing of the Office of the 
Executive Director'' and inserting ``appointing and fixing the 
compensation of such employees as the Executive Director considers 
necessary to carry out the roles and responsibilities of the Executive 
Director''.
    Sec. 636. <<NOTE: California.>>  (a) Designation.--The Federal 
building located at 90 7th Street in San Francisco, California, shall be 
known and designated as the ``Speaker Nancy Pelosi Federal Building''.

    (b) References.--Any reference in a law, map, regulation, document, 
paper, or other record of the United States to the Federal building 
referred to in subsection (a) shall be deemed to be a reference to the 
``Speaker Nancy Pelosi Federal Building''.
    Sec. 637.  Of the unobligated balances available in the Department 
of the Treasury, Treasury Forfeiture Fund, established by section 9703 
of title 31, United States Code, $150,000,000 shall be permanently 
rescinded not later than September 30, 2023.

                                TITLE VII

                   GENERAL PROVISIONS--GOVERNMENT-WIDE

                 Departments, Agencies, and Corporations

                     (including transfers of funds)

    Sec. 701. <<NOTE: Drug-free workplace.>> No department, agency, or 
instrumentality of the United States receiving appropriated funds under 
this or any other Act for fiscal year 2023 shall obligate or expend any 
such funds, unless such department, agency, or instrumentality has in 
place, and will continue to administer in good faith, a written policy 
designed to ensure that all of its workplaces are free from the illegal 
use, possession, or distribution of controlled substances (as defined in 
the Controlled Substances Act (21 U.S.C. 802)) by the officers and 
employees of such department, agency, or instrumentality.

    Sec. 702. <<NOTE: 31 USC 1343 note.>> Unless otherwise specifically 
provided, the maximum amount allowable during the current fiscal year in 
accordance with section 1343(c) of title 31, United States Code, for the 
purchase of any passenger motor vehicle (exclusive of buses, ambulances, 
law enforcement vehicles, protective vehicles, and undercover 
surveillance vehicles), is hereby fixed at $26,733 except station wagons 
for which the maximum shall be $27,873:  Provided, That these limits may 
be exceeded by not to exceed $7,775 for police-type vehicles:  Provided 
further, That the limits set forth in this section may not be exceeded 
by more than 5 percent for electric or hybrid vehicles purchased for 
demonstration under the provisions of the Electric and Hybrid Vehicle 
Research, Development, and Demonstration Act of 1976:  Provided further, 
That the limits set forth in this section may be exceeded by the 
incremental cost of clean alternative fuels vehicles acquired pursuant 
to Public Law 101-549 over the cost of comparable conventionally fueled 
vehicles:  Provided further, That the limits set forth in this section 
shall not apply to any vehicle that is a commercial item and which 
operates on alternative fuel, including but not limited to electric, 
plug-in hybrid electric, and hydrogen fuel cell vehicles.

    Sec. 703.  Appropriations of the executive departments and 
independent establishments for the current fiscal year available for 
expenses of travel, or for the expenses of the activity concerned,

[[Page 136 STAT. 4705]]

are hereby made available for quarters allowances and cost-of-living 
allowances, in accordance with 5 U.S.C. 5922-5924.
    Sec. 704. <<NOTE: 5 USC 3101 note.>>  Unless otherwise specified in 
law during the current fiscal year, no part of any appropriation 
contained in this or any other Act shall be used to pay the compensation 
of any officer or employee of the Government of the United States 
(including any agency the majority of the stock of which is owned by the 
Government of the United States) whose post of duty is in the 
continental United States unless such person: (1) is a citizen of the 
United States; (2) is a person who is lawfully admitted for permanent 
residence and is seeking citizenship as outlined in 8 U.S.C. 
1324b(a)(3)(B); (3) is a person who is admitted as a refugee under 8 
U.S.C. 1157 or is granted asylum under 8 U.S.C. 1158 and has filed a 
declaration of intention to become a lawful permanent resident and then 
a citizen when eligible; or (4) is a person who owes allegiance to the 
United States:  Provided, <<NOTE: Affidavits.>>  That for purposes of 
this section, affidavits signed by any such person shall be considered 
prima facie evidence that the requirements of this section with respect 
to his or her status are being complied with:  Provided 
further, <<NOTE: Affidavits.>> That for purposes of paragraphs (2) and 
(3) such affidavits shall be submitted prior to employment and updated 
thereafter as necessary:  Provided further, <<NOTE: Penalties.>> That 
any person making a false affidavit shall be guilty of a felony, and 
upon conviction, shall be fined no more than $4,000 or imprisoned for 
not more than 1 year, or both:  Provided further, That the above penal 
clause shall be in addition to, and not in substitution for, any other 
provisions of existing law:  Provided further, That any payment made to 
any officer or employee contrary to the provisions of this section shall 
be recoverable in action by the Federal Government:  Provided 
further, <<NOTE: Time period.>> That this section shall not apply to any 
person who is an officer or employee of the Government of the United 
States on the date of enactment of this Act, or to international 
broadcasters employed by the Broadcasting Board of Governors, or to 
temporary employment of translators, or to temporary employment in the 
field service (not to exceed 60 days) as a result of emergencies:  
Provided further, <<NOTE: Time period.>> That this section does not 
apply to the employment as Wildland firefighters for not more than 120 
days of nonresident aliens employed by the Department of the Interior or 
the USDA Forest Service pursuant to an agreement with another country.

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

[[Page 136 STAT. 4706]]

        (December 8, 2021), including any such programs adopted prior to 
        the effective date of the Executive order.
            (2) Other Federal agency environmental management programs, 
        including, but not limited to, the development and 
        implementation of hazardous waste management and pollution 
        prevention programs.
            (3) Other employee programs as authorized by law or as 
        deemed appropriate by the head of the Federal agency.

    Sec. 707. <<NOTE: Applicability.>> Funds made available by this or 
any other Act for administrative expenses in the current fiscal year of 
the corporations and agencies subject to chapter 91 of title 31, United 
States Code, shall be available, in addition to objects for which such 
funds are otherwise available, for rent in the District of Columbia; 
services in accordance with 5 U.S.C. 3109; and the objects specified 
under this head, all the provisions of which shall be applicable to the 
expenditure of such funds unless otherwise specified in the Act by which 
they are made available:  Provided, That in the event any functions 
budgeted as administrative expenses are subsequently transferred to or 
paid from other funds, the limitations on administrative expenses shall 
be correspondingly reduced.

    Sec. 708.  No part of any appropriation contained in this or any 
other Act shall be available for interagency financing of boards (except 
Federal Executive Boards), commissions, councils, committees, or similar 
groups (whether or not they are interagency entities) which do not have 
a prior and specific statutory approval to receive financial support 
from more than one agency or instrumentality.
    Sec. 709.  None of the funds made available pursuant to the 
provisions of this or any other Act shall be used to implement, 
administer, or enforce any regulation which has been disapproved 
pursuant to a joint resolution duly adopted in accordance with the 
applicable law of the United States.
    Sec. 710. <<NOTE: Notifications.>> During the period in which the 
head of any department or agency, or any other officer or civilian 
employee of the Federal Government appointed by the President of the 
United States, holds office, no funds may be obligated or expended in 
excess of $5,000 to furnish or redecorate the office of such department 
head, agency head, officer, or employee, or to purchase furniture or 
make improvements for any such office, unless advance notice of such 
furnishing or redecoration is transmitted to the Committees on 
Appropriations of the House of Representatives and the 
Senate. <<NOTE: Definition.>> For the purposes of this section, the term 
``office'' shall include the entire suite of offices assigned to the 
individual, as well as any other space used primarily by the individual 
or the use of which is directly controlled by the individual.

    Sec. 711.  Notwithstanding 31 U.S.C. 1346, or section 708 of this 
Act, funds made available for the current fiscal year by this or any 
other Act shall be available for the interagency funding of national 
security and emergency preparedness telecommunications initiatives which 
benefit multiple Federal departments, agencies, or entities, as provided 
by Executive Order No. 13618 (July 6, 2012).
    Sec. 712. (a) <<NOTE: Certification.>>  None of the funds made 
available by this or any other Act may be obligated or expended by any 
department, agency, or other instrumentality of the Federal Government 
to pay the salaries or expenses of any individual appointed to a 
position of a confidential or policy-determining character that is 
excepted from the competitive service under section 3302 of title

[[Page 136 STAT. 4707]]

5, United States Code, (pursuant to schedule C of subpart C of part 213 
of title 5 of the Code of Federal Regulations) unless the head of the 
applicable department, agency, or other instrumentality employing such 
schedule C individual certifies to the Director of the Office of 
Personnel Management that the schedule C position occupied by the 
individual was not created solely or primarily in order to detail the 
individual to the White House.

    (b) The provisions of this section shall not apply to Federal 
employees or members of the armed forces detailed to or from an element 
of the intelligence community (as that term is defined under section 
3(4) of the National Security Act of 1947 (50 U.S.C. 3003(4))).
    Sec. 713.  No part of any appropriation contained in this or any 
other Act shall be available for the payment of the salary of any 
officer or employee of the Federal Government, who--
            (1) prohibits or prevents, or attempts or threatens to 
        prohibit or prevent, any other officer or employee of the 
        Federal Government from having any direct oral or written 
        communication or contact with any Member, committee, or 
        subcommittee of the Congress in connection with any matter 
        pertaining to the employment of such other officer or employee 
        or pertaining to the department or agency of such other officer 
        or employee in any way, irrespective of whether such 
        communication or contact is at the initiative of such other 
        officer or employee or in response to the request or inquiry of 
        such Member, committee, or subcommittee; or
            (2) removes, suspends from duty without pay, demotes, 
        reduces in rank, seniority, status, pay, or performance or 
        efficiency rating, denies promotion to, relocates, reassigns, 
        transfers, disciplines, or discriminates in regard to any 
        employment right, entitlement, or benefit, or any term or 
        condition of employment of, any other officer or employee of the 
        Federal Government, or attempts or threatens to commit any of 
        the foregoing actions with respect to such other officer or 
        employee, by reason of any communication or contact of such 
        other officer or employee with any Member, committee, or 
        subcommittee of the Congress as described in paragraph (1).

    Sec. 714. (a) None of the funds made available in this or any other 
Act may be obligated or expended for any employee training that--
            (1) does not meet identified needs for knowledge, skills, 
        and abilities bearing directly upon the performance of official 
        duties;
            (2) contains elements likely to induce high levels of 
        emotional response or psychological stress in some participants;
            (3) does not require prior employee notification of the 
        content and methods to be used in the training and written end 
        of course evaluation;
            (4) contains any methods or content associated with 
        religious or quasi-religious belief systems or ``new age'' 
        belief systems as defined in Equal Employment Opportunity 
        Commission Notice N-915.022, dated September 2, 1988; or
            (5) is offensive to, or designed to change, participants' 
        personal values or lifestyle outside the workplace.

    (b) Nothing in this section shall prohibit, restrict, or otherwise 
preclude an agency from conducting training bearing directly upon the 
performance of official duties.

[[Page 136 STAT. 4708]]

    Sec. 715. <<NOTE: Propaganda. Lobbying.>>  No part of any funds 
appropriated in this or any other Act shall be used by an agency of the 
executive branch, other than for normal and recognized executive-
legislative relationships, for publicity or propaganda purposes, and for 
the preparation, distribution or use of any kit, pamphlet, booklet, 
publication, radio, television, or film presentation designed to support 
or defeat legislation pending before the Congress, except in 
presentation to the Congress itself.

    Sec. 716.  None of the funds appropriated by this or any other Act 
may be used by an agency to provide a Federal employee's home address to 
any labor organization except when the employee has authorized such 
disclosure or when such disclosure has been ordered by a court of 
competent jurisdiction.
    Sec. 717. <<NOTE: Approval requirement.>>  None of the funds made 
available in this or any other Act may be used to provide any non-public 
information such as mailing, telephone, or electronic mailing lists to 
any person or any organization outside of the Federal Government without 
the approval of the Committees on Appropriations of the House of 
Representatives and the Senate.

    Sec. 718. <<NOTE: Propaganda.>> No part of any appropriation 
contained in this or any other Act shall be used directly or indirectly, 
including by private contractor, for publicity or propaganda purposes 
within the United States not heretofore authorized by Congress.

    Sec. 719. (a) <<NOTE: Definitions.>>  In this section, the term 
``agency''--
            (1) means an Executive agency, as defined under 5 U.S.C. 
        105; and
            (2) includes a military department, as defined under section 
        102 of such title and the United States Postal Service.

    (b) Unless authorized in accordance with law or regulations to use 
such time for other purposes, an employee of an agency shall use 
official time in an honest effort to perform official duties. An 
employee not under a leave system, including a Presidential appointee 
exempted under 5 U.S.C. 6301(2), has an obligation to expend an honest 
effort and a reasonable proportion of such employee's time in the 
performance of official duties.
    Sec. 720.  Notwithstanding 31 U.S.C. 1346 and section 708 of this 
Act, funds made available for the current fiscal year by this or any 
other Act to any department or agency, which is a member of the Federal 
Accounting Standards Advisory Board (FASAB), shall be available to 
finance an appropriate share of FASAB administrative costs.
    Sec. 721. <<NOTE: Reimbursement. Approval.>>  Notwithstanding 31 
U.S.C. 1346 and section 708 of this Act, the head of each Executive 
department and agency is hereby authorized to transfer to or reimburse 
``General Services Administration, Government-wide Policy'' with the 
approval of the Director of the Office of Management and Budget, funds 
made available for the current fiscal year by this or any other Act, 
including rebates from charge card and other contracts:  Provided, That 
these funds shall be administered by the Administrator of General 
Services to support Government-wide and other multi-agency financial, 
information technology, procurement, and other management innovations, 
initiatives, and activities, including improving coordination and 
reducing duplication, as approved by the Director of the Office of 
Management and Budget, in consultation with the appropriate interagency 
and multi-agency groups designated by the Director (including the 
President's Management Council for overall management improvement 
initiatives, the Chief

[[Page 136 STAT. 4709]]

Financial Officers Council for financial management initiatives, the 
Chief Information Officers Council for information technology 
initiatives, the Chief Human Capital Officers Council for human capital 
initiatives, the Chief Acquisition Officers Council for procurement 
initiatives, and the Performance Improvement Council for performance 
improvement initiatives):  Provided further, That the total funds 
transferred or reimbursed shall not exceed $15,000,000 to improve 
coordination, reduce duplication, and for other activities related to 
Federal Government Priority Goals established by 31 U.S.C. 1120, and not 
to exceed $17,000,000 for Government-wide innovations, initiatives, and 
activities:  Provided further, That the funds transferred to or for 
reimbursement of ``General Services Administration, Government-Wide 
Policy'' during fiscal year 2023 shall remain available for obligation 
through September 30, 2024:  Provided further, <<NOTE: Deadline. Spend 
plan.>> That not later than 90 days after enactment of this Act, the 
Director of the Office of Management and Budget, in consultation with 
the Administrator of General Services, shall submit to the Committees on 
Appropriations of the House of Representatives and the Senate, the 
Committee on Homeland Security and Governmental Affairs of the Senate, 
and the Committee on Oversight and Reform of the House of 
Representatives a detailed spend plan for the funds to be transferred or 
reimbursed:  Provided further, <<NOTE: Estimates.>> That the spend plan 
shall, at a minimum, include: (i) the amounts currently in the funds 
authorized under this section and the estimate of amounts to be 
transferred or reimbursed in fiscal year 2023; (ii) a detailed breakdown 
of the purposes for all funds estimated to be transferred or reimbursed 
pursuant to this section (including total number of personnel and costs 
for all staff whose salaries are provided for by this section); (iii) 
where applicable, a description of the funds intended for use by or for 
the benefit of each executive council; and (iv) where applicable, a 
description of the funds intended for use by or for the implementation 
of specific laws passed by Congress:  Provided further, <<NOTE: Time 
period. Notifications.>> That no transfers or reimbursements may be made 
pursuant to this section until 15 days following notification of the 
Committees on Appropriations of the House of Representatives and the 
Senate by the Director of the Office of Management and Budget.

    Sec. 722. <<NOTE: Breastfeeding.>> Notwithstanding any other 
provision of law, a woman may breastfeed her child at any location in a 
Federal building or on Federal property, if the woman and her child are 
otherwise authorized to be present at the location.

    Sec. 723.  Notwithstanding 31 U.S.C. 1346, or section 708 of this 
Act, funds made available for the current fiscal year by this or any 
other Act shall be available for the interagency funding of specific 
projects, workshops, studies, and similar efforts to carry out the 
purposes of the National Science and Technology Council (authorized by 
Executive Order No. 12881), which benefit multiple Federal departments, 
agencies, or entities:  Provided, <<NOTE: Reports.>> That the Office of 
Management and Budget shall provide a report describing the budget of 
and resources connected with the National Science and Technology Council 
to the Committees on Appropriations, the House Committee on Science, 
Space, and Technology, and the Senate Committee on Commerce, Science, 
and Transportation 90 days after enactment of this Act.

    Sec. 724. <<NOTE: Compliance.>> Any request for proposals, 
solicitation, grant application, form, notification, press release, or 
other publications involving the distribution of Federal funds shall 
comply with any relevant

[[Page 136 STAT. 4710]]

requirements in part 200 of title 2, Code of Federal Regulations:  
Provided, <<NOTE: Applicability.>> That this section shall apply to 
direct payments, formula funds, and grants received by a State receiving 
Federal funds.

    Sec. 725. (a) Prohibition of Federal Agency Monitoring of 
Individuals' Internet Use.--None of the funds made available in this or 
any other Act may be used by any Federal agency--
            (1) <<NOTE: Data.>>  to collect, review, or create any 
        aggregation of data, derived from any means, that includes any 
        personally identifiable information relating to an individual's 
        access to or use of any Federal Government Internet site of the 
        agency; or
            (2) <<NOTE: Contracts.>>  to enter into any agreement with a 
        third party (including another government agency) to collect, 
        review, or obtain any aggregation of data, derived from any 
        means, that includes any personally identifiable information 
        relating to an individual's access to or use of any 
        nongovernmental Internet site.

    (b) Exceptions.--The limitations established in subsection (a) shall 
not apply to--
            (1) any record of aggregate data that does not identify 
        particular persons;
            (2) any voluntary submission of personally identifiable 
        information;
            (3) any action taken for law enforcement, regulatory, or 
        supervisory purposes, in accordance with applicable law; or
            (4) any action described in subsection (a)(1) that is a 
        system security action taken by the operator of an Internet site 
        and is necessarily incident to providing the Internet site 
        services or to protecting the rights or property of the provider 
        of the Internet site.

    (c) Definitions.--For the purposes of this section:
            (1) The term ``regulatory'' means agency actions to 
        implement, interpret or enforce authorities provided in law.
            (2) The term ``supervisory'' means examinations of the 
        agency's supervised institutions, including assessing safety and 
        soundness, overall financial condition, management practices and 
        policies and compliance with applicable standards as provided in 
        law.

    Sec. 726. (a) <<NOTE: Contracts. Drugs and drug 
abuse. Contraceptives.>>  None of the funds appropriated by this Act may 
be used to enter into or renew a contract which includes a provision 
providing prescription drug coverage, except where the contract also 
includes a provision for contraceptive coverage.

    (b) <<NOTE: Religion.>>  Nothing in this section shall apply to a 
contract with--
            (1) any of the following religious plans:
                    (A) Personal Care's HMO; and
                    (B) OSF HealthPlans, Inc.; and
            (2) any existing or future plan, if the carrier for the plan 
        objects to such coverage on the basis of religious beliefs.

    (c) <<NOTE: Discrimination.>>  In implementing this section, any 
plan that enters into or renews a contract under this section may not 
subject any individual to discrimination on the basis that the 
individual refuses to prescribe or otherwise provide for contraceptives 
because such activities would be contrary to the individual's religious 
beliefs or moral convictions.

    (d) <<NOTE: Abortion.>>  Nothing in this section shall be construed 
to require coverage of abortion or abortion-related services.

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

[[Page 136 STAT. 4711]]

and supports the strict adherence to anti-doping in sport through 
testing, adjudication, education, and research as performed by 
nationally recognized oversight authorities.

    Sec. 728.  Notwithstanding any other provision of law, funds 
appropriated for official travel to Federal departments and agencies may 
be used by such departments and agencies, if consistent with Office of 
Management and Budget Circular A-126 regarding official travel for 
Government personnel, to participate in the fractional aircraft 
ownership pilot program.
    Sec. 729.  Notwithstanding any other provision of law, none of the 
funds appropriated or made available under this or any other 
appropriations Act may be used to implement or enforce restrictions or 
limitations on the Coast Guard Congressional Fellowship Program, or to 
implement the proposed regulations of the Office of Personnel Management 
to add sections 300.311 through 300.316 to part 300 of title 5 of the 
Code of Federal Regulations, published in the Federal Register, volume 
68, number 174, on September 9, 2003 (relating to the detail of 
executive branch employees to the legislative branch).
    Sec. 730. <<NOTE: Contracts. Advance approvals.>>  Notwithstanding 
any other provision of law, no executive branch agency shall purchase, 
construct, or lease any additional facilities, except within or 
contiguous to existing locations, to be used for the purpose of 
conducting Federal law enforcement training without the advance approval 
of the Committees on Appropriations of the House of Representatives and 
the Senate, except that the Federal Law Enforcement Training Centers is 
authorized to obtain the temporary use of additional facilities by 
lease, contract, or other agreement for training which cannot be 
accommodated in existing Centers facilities.

    Sec. 731. <<NOTE: News stories.>>  Unless otherwise authorized by 
existing law, none of the funds provided in this or any other Act may be 
used by an executive branch agency to produce any prepackaged news story 
intended for broadcast or distribution in the United States, unless the 
story includes a clear notification within the text or audio of the 
prepackaged news story that the prepackaged news story was prepared or 
funded by that executive branch agency.

    Sec. 732.  None of the funds made available in this Act may be used 
in contravention of section 552a of title 5, United States Code 
(popularly known as the Privacy Act), and regulations implementing that 
section.
    Sec. 733. <<NOTE: Contracts.>>  (a) In General.--None of the funds 
appropriated or otherwise made available by this or any other Act may be 
used for any Federal Government contract with any foreign incorporated 
entity which is treated as an inverted domestic corporation under 
section 835(b) of the Homeland Security Act of 2002 (6 U.S.C. 395(b)) or 
any subsidiary of such an entity.

    (b) Waivers.--
            (1) <<NOTE: Determination.>>  In general.--Any Secretary 
        shall waive subsection (a) with respect to any Federal 
        Government contract under the authority of such Secretary if the 
        Secretary determines that the waiver is required in the interest 
        of national security.
            (2) Report to congress.--Any Secretary issuing a waiver 
        under paragraph (1) shall report such issuance to Congress.

    (c) Exception.--This section shall not apply to any Federal 
Government contract entered into before the date of the enactment of 
this Act, or to any task order issued pursuant to such contract.
    Sec. 734.  During fiscal year 2023, for each employee who--

[[Page 136 STAT. 4712]]

            (1) retires under section 8336(d)(2) or 8414(b)(1)(B) of 
        title 5, United States Code; or
            (2) retires under any other provision of subchapter III of 
        chapter 83 or chapter 84 of such title 5 and receives a payment 
        as an incentive to separate, the separating agency shall remit 
        to the Civil Service Retirement and Disability Fund an amount 
        equal to the Office of Personnel Management's average unit cost 
        of processing a retirement claim for the preceding fiscal year. 
        Such amounts shall be available until expended to the Office of 
        Personnel Management and shall be deemed to be an administrative 
        expense under section 8348(a)(1)(B) of title 5, United States 
        Code.

    Sec. 735. <<NOTE: Contracts.>>  (a) None of the funds made available 
in this or any other Act may be used to recommend or require any entity 
submitting an offer for a Federal contract to disclose any of the 
following information as a condition of submitting the offer:
            (1) Any payment consisting of a contribution, expenditure, 
        independent expenditure, or disbursement for an electioneering 
        communication that is made by the entity, its officers or 
        directors, or any of its affiliates or subsidiaries to a 
        candidate for election for Federal office or to a political 
        committee, or that is otherwise made with respect to any 
        election for Federal office.
            (2) Any disbursement of funds (other than a payment 
        described in paragraph (1)) made by the entity, its officers or 
        directors, or any of its affiliates or subsidiaries to any 
        person with the intent or the reasonable expectation that the 
        person will use the funds to make a payment described in 
        paragraph (1).

    (b) <<NOTE: Definitions.>>  In this section, each of the terms 
``contribution'', ``expenditure'', ``independent expenditure'', 
``electioneering communication'', ``candidate'', ``election'', and 
``Federal office'' has the meaning given such term in the Federal 
Election Campaign Act of 1971 (52 U.S.C. 30101 et seq.).

    Sec. 736. <<NOTE: Portraits.>>  None of the funds made available in 
this or any other Act may be used to pay for the painting of a portrait 
of an officer or employee of the Federal Government, including the 
President, the Vice President, a Member of Congress (including a 
Delegate or a Resident Commissioner to Congress), the head of an 
executive branch agency (as defined in section 133 of title 41, United 
States Code), or the head of an office of the legislative branch.

    Sec. 737. <<NOTE: Time periods. 5 USC 5343 note.>>  (a)(1) 
Notwithstanding any other provision of law, and except as otherwise 
provided in this section, no part of any of the funds appropriated for 
fiscal year 2023, by this or any other Act, may be used to pay any 
prevailing rate employee described in section 5342(a)(2)(A) of title 5, 
United States Code--
            (A) during the period from the date of expiration of the 
        limitation imposed by the comparable section for the previous 
        fiscal years until the normal effective date of the applicable 
        wage survey adjustment that is to take effect in fiscal year 
        2023, in an amount that exceeds the rate payable for the 
        applicable grade and step of the applicable wage schedule in 
        accordance with such section; and
            (B) during the period consisting of the remainder of fiscal 
        year 2023, in an amount that exceeds, as a result of a wage

[[Page 136 STAT. 4713]]

        survey adjustment, the rate payable under subparagraph (A) by 
        more than the sum of--
                    (i) the percentage adjustment taking effect in 
                fiscal year 2023 under section 5303 of title 5, United 
                States Code, in the rates of pay under the General 
                Schedule; and
                    (ii) the difference between the overall average 
                percentage of the locality-based comparability payments 
                taking effect in fiscal year 2023 under section 5304 of 
                such title (whether by adjustment or otherwise), and the 
                overall average percentage of such payments which was 
                effective in the previous fiscal year under such 
                section.

    (2) Notwithstanding any other provision of law, no prevailing rate 
employee described in subparagraph (B) or (C) of section 5342(a)(2) of 
title 5, United States Code, and no employee covered by section 5348 of 
such title, may be paid during the periods for which paragraph (1) is in 
effect at a rate that exceeds the rates that would be payable under 
paragraph (1) were paragraph (1) applicable to such employee.
    (3) <<NOTE: Determination. Regulations.>>  For the purposes of this 
subsection, the rates payable to an employee who is covered by this 
subsection and who is paid from a schedule not in existence on September 
30, 2022, shall be determined under regulations prescribed by the Office 
of Personnel Management.

    (4) <<NOTE: Determination.>>  Notwithstanding any other provision of 
law, rates of premium pay for employees subject to this subsection may 
not be changed from the rates in effect on September 30, 2022, except to 
the extent determined by the Office of Personnel Management to be 
consistent with the purpose of this subsection.

    (5) <<NOTE: Applicability.>>  This subsection shall apply with 
respect to pay for service performed after September 30, 2022.

    (6) For the purpose of administering any provision of law (including 
any rule or regulation that provides premium pay, retirement, life 
insurance, or any other employee benefit) that requires any deduction or 
contribution, or that imposes any requirement or limitation on the basis 
of a rate of salary or basic pay, the rate of salary or basic pay 
payable after the application of this subsection shall be treated as the 
rate of salary or basic pay.
    (7) Nothing in this subsection shall be considered to permit or 
require the payment to any employee covered by this subsection at a rate 
in excess of the rate that would be payable were this subsection not in 
effect.
    (8) <<NOTE: Determination.>>  The Office of Personnel Management may 
provide for exceptions to the limitations imposed by this subsection if 
the Office determines that such exceptions are necessary to ensure the 
recruitment or retention of qualified employees.

    (b) <<NOTE: Locality pay.>>  Notwithstanding subsection (a), the 
adjustment in rates of basic pay for the statutory pay systems that take 
place in fiscal year 2023 under sections 5344 and 5348 of title 5, 
United States Code, shall be--
            (1) not less than the percentage received by employees in 
        the same location whose rates of basic pay are adjusted pursuant 
        to the statutory pay systems under sections 5303 and 5304 of 
        title 5, United States Code:  Provided, That prevailing rate 
        employees at locations where there are no employees whose pay is 
        increased pursuant to sections 5303 and 5304 of title 5, United 
        States Code, and prevailing rate

[[Page 136 STAT. 4714]]

        employees described in section 5343(a)(5) of title 5, United 
        States Code, shall be considered to be located in the pay 
        locality designated as ``Rest of United States'' pursuant to 
        section 5304 of title 5, United States Code, for purposes of 
        this subsection; and
            (2) <<NOTE: Effective date.>>  effective as of the first day 
        of the first applicable pay period beginning after September 30, 
        2022.

    Sec. 738. <<NOTE: Reports. Contracts.>>  (a) The head of any 
Executive branch department, agency, board, commission, or office funded 
by this or any other appropriations Act shall submit annual reports to 
the Inspector General or senior ethics official for any entity without 
an Inspector General, regarding the costs and contracting procedures 
related to each conference held by any such department, agency, board, 
commission, or office during fiscal year 2023 for which the cost to the 
United States Government was more than $100,000.

    (b) Each report submitted shall include, for each conference 
described in subsection (a) held during the applicable period--
            (1) a description of its purpose;
            (2) the number of participants attending;
            (3) <<NOTE: Cost statement.>>  a detailed statement of the 
        costs to the United States Government, including--
                    (A) the cost of any food or beverages;
                    (B) the cost of any audio-visual services;
                    (C) the cost of employee or contractor travel to and 
                from the conference; and
                    (D) a discussion of the methodology used to 
                determine which costs relate to the conference; and
            (4) a description of the contracting procedures used 
        including--
                    (A) whether contracts were awarded on a competitive 
                basis; and
                    (B) a discussion of any cost comparison conducted by 
                the departmental component or office in evaluating 
                potential contractors for the conference.

    (c) <<NOTE: Deadline. Time period. Notification.>>  Within 15 days 
after the end of a quarter, the head of any such department, agency, 
board, commission, or office shall notify the Inspector General or 
senior ethics official for any entity without an Inspector General, of 
the date, location, and number of employees attending a conference held 
by any Executive branch department, agency, board, commission, or office 
funded by this or any other appropriations Act during fiscal year 2023 
for which the cost to the United States Government was more than 
$20,000.

    (d) <<NOTE: Grants. Contracts.>>  A grant or contract funded by 
amounts appropriated by this or any other appropriations Act may not be 
used for the purpose of defraying the costs of a conference described in 
subsection (c) that is not directly and programmatically related to the 
purpose for which the grant or contract was awarded, such as a 
conference held in connection with planning, training, assessment, 
review, or other routine purposes related to a project funded by the 
grant or contract.

    (e) None of the funds made available in this or any other 
appropriations Act may be used for travel and conference activities that 
are not in compliance with Office of Management and Budget Memorandum M-
12-12 dated May 11, 2012 or any subsequent revisions to that memorandum.
    Sec. 739.  None of the funds made available in this or any other 
appropriations Act may be used to increase, eliminate, or

[[Page 136 STAT. 4715]]

reduce funding for a program, project, or activity as proposed in the 
President's budget request for a fiscal year until such proposed change 
is subsequently enacted in an appropriation Act, or unless such change 
is made pursuant to the reprogramming or transfer provisions of this or 
any other appropriations Act.
    Sec. 740.  None of the funds made available by this or any other Act 
may be used to implement, administer, enforce, or apply the rule 
entitled ``Competitive Area'' published by the Office of Personnel 
Management in the Federal Register on April 15, 2008 (73 Fed. Reg. 20180 
et seq.).
    Sec. 741.  None of the funds appropriated or otherwise made 
available by this or any other Act may be used to begin or announce a 
study or public-private competition regarding the conversion to 
contractor performance of any function performed by Federal employees 
pursuant to Office of Management and Budget Circular A-76 or any other 
administrative regulation, directive, or policy.
    Sec. 742. (a) <<NOTE: Contracts. Grants. Confidentiality 
agreements.>>  None of the funds appropriated or otherwise made 
available by this or any other Act may be available for a contract, 
grant, or cooperative agreement with an entity that requires employees 
or contractors of such entity seeking to report fraud, waste, or abuse 
to sign internal confidentiality agreements or statements prohibiting or 
otherwise restricting such employees or contractors from lawfully 
reporting such waste, fraud, or abuse to a designated investigative or 
law enforcement representative of a Federal department or agency 
authorized to receive such information.

    (b) The limitation in subsection (a) shall not contravene 
requirements applicable to Standard Form 312, Form 4414, or any other 
form issued by a Federal department or agency governing the 
nondisclosure of classified information.
    Sec. 743. (a) <<NOTE: Nondisclosure agreements.>> No funds 
appropriated in this or any other Act may be used to implement or 
enforce the agreements in Standard Forms 312 and 4414 of the Government 
or any other nondisclosure policy, form, or agreement if such policy, 
form, or agreement does not contain the following provisions: ``These 
provisions are consistent with and do not supersede, conflict with, or 
otherwise alter the employee obligations, rights, or liabilities created 
by existing statute or Executive order relating to (1) classified 
information, (2) communications to Congress, (3) the reporting to an 
Inspector General or the Office of Special Counsel of a violation of any 
law, rule, or regulation, or mismanagement, a gross waste of funds, an 
abuse of authority, or a substantial and specific danger to public 
health or safety, or (4) any other whistleblower protection. The 
definitions, requirements, obligations, rights, sanctions, and 
liabilities created by controlling Executive orders and statutory 
provisions are incorporated into this agreement and are controlling.'':  
Provided, That notwithstanding the preceding provision of this section, 
a nondisclosure policy form or agreement that is to be executed by a 
person connected with the conduct of an intelligence or intelligence-
related activity, other than an employee or officer of the United States 
Government, may contain provisions appropriate to the particular 
activity for which such document is to be used. Such form or agreement 
shall, at a minimum, require that the person will not disclose any 
classified information received in the course of such activity unless 
specifically authorized to do so by the United States Government. Such 
nondisclosure forms shall also make it clear that they do not bar 
disclosures to Congress,

[[Page 136 STAT. 4716]]

or to an authorized official of an executive agency or the Department of 
Justice, that are essential to reporting a substantial violation of law.

    (b) <<NOTE: Compliance.>>  A nondisclosure agreement may continue to 
be implemented and enforced notwithstanding subsection (a) if it 
complies with the requirements for such agreement that were in effect 
when the agreement was entered into.

    (c) No funds appropriated in this or any other Act may be used to 
implement or enforce any agreement entered into during fiscal year 2014 
which does not contain substantially similar language to that required 
in subsection (a).
    Sec. 
744. <<NOTE: Contracts. Memorandums. Grants. Loans. Corporations. Tax 
liability. Determination.>> None of the funds made available by this or 
any other Act may be used to enter into a contract, memorandum of 
understanding, or cooperative agreement with, make a grant to, or 
provide a loan or loan guarantee to, any corporation that has any unpaid 
Federal tax liability that has been assessed, for which all judicial and 
administrative remedies have been exhausted or have lapsed, and that is 
not being paid in a timely manner pursuant to an agreement with the 
authority responsible for collecting the tax liability, where the 
awarding agency is aware of the unpaid tax liability, unless a Federal 
agency has considered suspension or debarment of the corporation and has 
made a determination that this further action is not necessary to 
protect the interests of the Government.

    Sec. 
745. <<NOTE: Contracts. Memorandums. Grants. Loans. Corporations. Crimina
l violations. Time period. Determination.>> None of the funds made 
available by this or any other Act may be used to enter into a contract, 
memorandum of understanding, or cooperative agreement with, make a grant 
to, or provide a loan or loan guarantee to, any corporation that was 
convicted of a felony criminal violation under any Federal law within 
the preceding 24 months, where the awarding agency is aware of the 
conviction, unless a Federal agency has considered suspension or 
debarment of the corporation and has made a determination that this 
further action is not necessary to protect the interests of the 
Government.

    Sec. 746. (a) <<NOTE: Notifications.>>  During fiscal year 2023, on 
the date on which a request is made for a transfer of funds in 
accordance with section 1017 of Public Law 111-203, the Bureau of 
Consumer Financial Protection shall notify the Committees on 
Appropriations of the House of Representatives and the Senate, the 
Committee on Financial Services of the House of Representatives, and the 
Committee on Banking, Housing, and Urban Affairs of the Senate of such 
request.

    (b) <<NOTE: Public information. Web posting.>>  Any notification 
required by this section shall be made available on the Bureau's public 
website.

    Sec. 747. (a) <<NOTE: Effective date. 5 USC 5303 note.>>  
Notwithstanding any official rate adjusted under section 104 of title 3, 
United States Code, the rate payable to the Vice President during 
calendar year 2023 shall be the rate payable to the Vice President on 
December 31, 2022, by operation of section 747 of division E of Public 
Law 117-103.

    (b) <<NOTE: Effective date.>> Notwithstanding any official rate 
adjusted under section 5318 of title 5, United States Code, or any other 
provision of law, the payable rate during calendar year 2023 for an 
employee serving in an Executive Schedule position, or in a position for 
which the rate of pay is fixed by statute at an Executive Schedule rate, 
shall be the rate payable for the applicable Executive Schedule level on 
December 31, 2022, by operation of section 747 of division E of Public 
Law 117-103. Such an employee may not receive a

[[Page 136 STAT. 4717]]

rate increase during calendar year 2023, except as provided in 
subsection (i).

    (c) Notwithstanding section 401 of the Foreign Service Act of 1980 
(Public Law 96-465) or any other provision of law, a chief of mission or 
ambassador at large is subject to subsection (b) in the same manner as 
other employees who are paid at an Executive Schedule rate.
    (d)(1) <<NOTE: Applicability.>>  This subsection applies to--
            (A) a noncareer appointee in the Senior Executive Service 
        paid a rate of basic pay at or above the official rate for level 
        IV of the Executive Schedule; or
            (B) a limited term appointee or limited emergency appointee 
        in the Senior Executive Service serving under a political 
        appointment and paid a rate of basic pay at or above the 
        official rate for level IV of the Executive Schedule.

    (2) Notwithstanding sections 5382 and 5383 of title 5, United States 
Code, an employee described in paragraph (1) may not receive a pay rate 
increase during calendar year 2023, except as provided in subsection 
(i).
    (e) Notwithstanding any other provision of law, any employee paid a 
rate of basic pay (including any locality based payments under section 
5304 of title 5, United States Code, or similar authority) at or above 
the official rate for level IV of the Executive Schedule who serves 
under a political appointment may not receive a pay rate increase during 
calendar year 2023, except as provided in subsection (i). This 
subsection does not apply to employees in the General Schedule pay 
system or the Foreign Service pay system, to employees appointed under 
section 3161 of title 5, United States Code, or to employees in another 
pay system whose position would be classified at GS-15 or below if 
chapter 51 of title 5, United States Code, applied to them.
    (f) Nothing in subsections (b) through (e) shall prevent employees 
who do not serve under a political appointment from receiving pay 
increases as otherwise provided under applicable law.
    (g) This section does not apply to an individual who makes an 
election to retain Senior Executive Service basic pay under section 
3392(c) of title 5, United States Code, for such time as that election 
is in effect.
    (h) This section does not apply to an individual who makes an 
election to retain Senior Foreign Service pay entitlements under section 
302(b) of the Foreign Service Act of 1980 (Public Law 96-465) for such 
time as that election is in effect.
    (i) Notwithstanding subsections (b) through (e), an employee in a 
covered position may receive a pay rate increase upon an authorized 
movement to a different covered position only if that new position has 
higher-level duties and a pre-established level or range of pay higher 
than the level or range for the position held immediately before the 
movement. <<NOTE: Effective date.>> Any such increase must be based on 
the rates of pay and applicable limitations on payable rates of pay in 
effect on December 31, 2022, by operation of section 747 of division E 
of Public Law 117-103.

    (j) <<NOTE: Effective date.>> Notwithstanding any other provision of 
law, for an individual who is newly appointed to a covered position 
during the period of time subject to this section, the initial pay rate 
shall be based on the rates of pay and applicable limitations on payable 
rates of pay in effect on December 31, 2022, by operation of section 747 
of division E of Public Law 117-103.

[[Page 136 STAT. 4718]]

    (k) <<NOTE: Applicability.>>  If an employee affected by this 
section is subject to a biweekly pay period that begins in calendar year 
2023 but ends in calendar year 2024, the bar on the employee's receipt 
of pay rate increases shall apply through the end of that pay period.

    (l) <<NOTE: Definition.>> For the purpose of this section, the term 
``covered position'' means a position occupied by an employee whose pay 
is restricted under this section.

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

    Sec. 748. <<NOTE: President. Reports. Statement.>> In the event of a 
violation of the Impoundment Control Act of 1974, the President or the 
head of the relevant department or agency, as the case may be, shall 
report immediately to the Congress all relevant facts and a statement of 
actions taken:  Provided, <<NOTE: Records.>> That a copy of each report 
shall also be transmitted to the Committees on Appropriations of the 
House of Representatives and the Senate and the Comptroller General on 
the same date the report is transmitted to the Congress.

    Sec. 749. (a) <<NOTE: Notifications. Apportionments.>>  Each 
department or agency of the executive branch of the United States 
Government shall notify the Committees on Appropriations and the Budget 
of the House of Representatives and the Senate and any other appropriate 
congressional committees if--
            (1) an apportionment is not made in the required time period 
        provided in section 1513(b) of title 31, United States Code;
            (2) an approved apportionment received by the department or 
        agency conditions the availability of an appropriation on 
        further action; or
            (3) an approved apportionment received by the department or 
        agency may hinder the prudent obligation of such appropriation 
        or the execution of a program, project, or activity by such 
        department or agency.

    (b) Any notification submitted to a congressional committee pursuant 
to this section shall contain information identifying the bureau, 
account name, appropriation name, and Treasury Appropriation Fund Symbol 
or fund account.
    Sec. 750. (a) Any non-Federal entity receiving funds provided in 
this or any other appropriations Act for fiscal year 2023 that are 
specified in the disclosure table submitted in compliance with clause 9 
of rule XXI of the Rules of the House of Representatives or Rule XLIV of 
the Standing Rules of the Senate that is included in the report or 
explanatory statement accompanying any such Act shall be deemed to be a 
recipient of a Federal award with respect to such funds for purposes of 
the requirements of 2 CFR 200.334, regarding records retention, and 2 
CFR 200.337, regarding access by the Comptroller General of the United 
States.
    (b) Nothing in this section shall be construed to limit, amend, 
supersede, or restrict in any manner any requirements otherwise 
applicable to non-Federal entities described in paragraph (1) or any 
existing authority of the Comptroller General.
    Sec. 751.  Notwithstanding section 1346 of title 31, United States 
Code, or section 708 of this Act, funds made available by this or any 
other Act to any Federal agency may be used by that Federal agency for 
interagency funding for coordination with, participation in, or 
recommendations involving, activities of the U.S. Army Medical Research 
and Development Command, the

[[Page 136 STAT. 4719]]

Congressionally Directed Medical Research Programs and the National 
Institutes of Health research programs.
    Sec. 752. (a)(1) <<NOTE: Reports. Deadline. Criteria. 29 USC 794d-
1.>>  Not later than 100 days after the date of enactment of this Act, 
the Director of the Office of Management and Budget (in this section 
referred to as the ``Director''), in coordination with the Architectural 
and Transportation Barriers Compliance Board and the Administrator of 
General Services (in this section referred to as the ``Administrator''), 
shall disseminate amended or updated criteria and instructions to any 
Federal department or agency (in this section referred to as an 
``agency'') covered by section 508 of the Rehabilitation Act of 1973 (29 
U.S.C. 794d) for the evaluation required pursuant to paragraph (3)(B).

    (2) Such criteria and instructions shall--
            (A) <<NOTE: Requirements. Determinations.>>  include, at 
        minimum, requirements that information technologies and digital 
        services must-
                    (i) conform to the technical standards referenced in 
                subsection (a)(2)(A) of such section 508, as determined 
                by appropriate conformance testing; and
                    (ii) <<NOTE: Accessibility.>>  be accessible to and 
                usable by individuals with disabilities as determined 
                from consultation with individuals with disabilities, 
                including those with visual, auditory, tactile, and 
                cognitive disabilities, or members of any disability 
                organization; and
            (B) <<NOTE: Guidance. Data. Compliance.>>  provide guidance 
        to agencies regarding the types and format of data and 
        information to be submitted to the Director and the 
        Administrator pursuant to paragraph (3), including how to submit 
        such data and information, the metrics by which compliance will 
        be assessed in the reports required in subsection (b), and any 
        other directions necessary for agencies to demonstrate 
        compliance with accessibility standards for electronic and 
        information technology procured and in use within an agency, as 
        required by such section 508.

    (3) <<NOTE: Evaluations.>> Not later than 225 days after the date of 
enactment of this Act, the head of each agency shall--
            (A) evaluate the extent to which the electronic and 
        information technology of the agency are accessible to and 
        usable by individuals with disabilities described in subsection 
        (a)(1) of such section 508 compared to the access to and use of 
        the technology and services by individuals described in such 
        section who are not individuals with disabilities;
            (B) evaluate the electronic and information technology of 
        the agency in accordance with the criteria and instructions 
        provided in paragraph (1); and
            (C) submit a report containing the evaluations jointly to 
        the Director and the Administrator.

    (b)(1) Not later than 1 year after the date of enactment of this 
Act, and annually thereafter, the Administrator, in consultation with 
the Director, shall prepare and submit to the Committees on 
Appropriations and Homeland Security and Governmental Affairs of the 
Senate and the Committees on Appropriations and Oversight and Reform of 
the House of Representatives a report that shall include--
            (A) <<NOTE: Assessment. Compliance.>>  a comprehensive 
        assessment (including information identifying the metrics and 
        data used) of compliance by each agency, and by the Federal 
        Government generally, with the criteria and instructions 
        disseminated under subsection (a)(1);

[[Page 136 STAT. 4720]]

            (B) <<NOTE: Time period.>>  a detailed description of the 
        actions, activities, and other efforts made by the Administrator 
        over the year preceding submission to support such compliance at 
        agencies and any planned efforts in the coming year to improve 
        compliance at agencies; and
            (C) <<NOTE: List. Recommenda- tions.>>  a list of 
        recommendations that agencies or Congress may take to help 
        support that compliance.

    (2) <<NOTE: Public information. Web posting.>>  The Administrator 
shall ensure that the reports required under this subsection are made 
available on a public website and are maintained as an open Government 
data asset (as that term is defined in section 3502 of title 44, United 
States Code).

    Sec. 753. <<NOTE: Reimbursements. Approval.>> Notwithstanding 31 
U.S.C. 1346 and section 708 of this Act, the head of each Executive 
department and agency is hereby authorized to transfer to or reimburse 
``General Services Administration, Federal Citizen Services Fund'' with 
the approval of the Director of the Office of Management and Budget, 
funds made available for the current fiscal year by this or any other 
Act, including rebates from charge card and other contracts:  Provided, 
That these funds, in addition to amounts otherwise available, shall be 
administered by the Administrator of General Services to carry out the 
purposes of the Federal Citizen Services Fund and to support Government-
wide and other multi-agency financial, information technology, 
procurement, and other activities, including services authorized by 44 
U.S.C. 3604 and enabling Federal agencies to take advantage of 
information technology in sharing information:  Provided further, That 
the total funds transferred or reimbursed shall not exceed $15,000,000 
for such purposes:  Provided further, That the funds transferred to or 
for reimbursement of ``General Services Administration, Federal Citizen 
Services Fund'' during fiscal year 2023 shall remain available for 
obligation through September 30, 2024:  Provided 
further, <<NOTE: Deadline. Spend plan.>> That not later than 90 days 
after enactment of this Act, the Administrator of General Services, in 
consultation with the Director of the Office of Management and Budget, 
shall submit to the Committees on Appropriations of the House of 
Representatives and the Senate a detailed spend plan for the funds to be 
transferred or reimbursed:  Provided further, That <<NOTE: Estimates.>>  
the spend plan shall, at a minimum, include: (i) the amounts currently 
in the funds authorized under this section and the estimate of amounts 
to be transferred or reimbursed in fiscal year 2023; (ii) a detailed 
breakdown of the purposes for all funds estimated to be transferred or 
reimbursed pursuant to this section (including total number of personnel 
and costs for all staff whose salaries are provided for by this 
section); and (iii) where applicable, a description of the funds 
intended for use by or for the implementation of specific laws passed by 
Congress:  Provided further, <<NOTE: Time period. Notifications.>>  That 
no transfers or reimbursements may be made pursuant to this section 
until 15 days following notification of the Committees on Appropriations 
of the House of Representatives and the Senate by the Director of the 
Office of Management and Budget.

    Sec. 754.  Except as expressly provided otherwise, any reference to 
``this Act'' contained in any title other than title IV or VIII shall 
not apply to such title IV or VIII.

[[Page 136 STAT. 4721]]

                               TITLE VIII

                GENERAL PROVISIONS--DISTRICT OF COLUMBIA

                     (including transfers of funds)

    Sec. 801.  There are appropriated from the applicable funds of the 
District of Columbia such sums as may be necessary for making refunds 
and for the payment of legal settlements or judgments that have been 
entered against the District of Columbia government.
    Sec. 802. <<NOTE: Propaganda. Lobbying.>> None of the Federal funds 
provided in this Act shall be used for publicity or propaganda purposes 
or implementation of any policy including boycott designed to support or 
defeat legislation pending before Congress or any State legislature.

    Sec. 803. (a) None of the Federal funds provided under this Act to 
the agencies funded by this Act, both Federal and District government 
agencies, that remain available for obligation or expenditure in fiscal 
year 2023, or provided from any accounts in the Treasury of the United 
States derived by the collection of fees available to the agencies 
funded by this Act, shall be available for obligation or expenditures 
for an agency through a reprogramming of funds which--
            (1) creates new programs;
            (2) eliminates a program, project, or responsibility center;
            (3) establishes or changes allocations specifically denied, 
        limited or increased under this Act;
            (4) increases funds or personnel by any means for any 
        program, project, or responsibility center for which funds have 
        been denied or restricted;
            (5) re-establishes any program or project previously 
        deferred through reprogramming;
            (6) augments any existing program, project, or 
        responsibility center through a reprogramming of funds in excess 
        of $3,000,000 or 10 percent, whichever is less; or
            (7) <<NOTE: Advance approvals.>> increases by 20 percent or 
        more personnel assigned to a specific program, project or 
        responsibility center, unless prior approval is received from 
        the Committees on Appropriations of the House of Representatives 
        and the Senate.

    (b) <<NOTE: Termination date.>>  The District of Columbia government 
is authorized to approve and execute reprogramming and transfer requests 
of local funds under this title through November 7, 2023.

    Sec. 804.  None of the Federal funds provided in this Act may be 
used by the District of Columbia to provide for salaries, expenses, or 
other costs associated with the offices of United States Senator or 
United States Representative under section 4(d) of the District of 
Columbia Statehood Constitutional Convention Initiatives of 1979 (D.C. 
Law 3-171; D.C. Official Code, sec. 1-123).
    Sec. 805.  Except as otherwise provided in this section, none of the 
funds made available by this Act or by any other Act may be used to 
provide any officer or employee of the District of Columbia with an 
official vehicle unless the officer or employee uses the vehicle only in 
the performance of the officer's or employee's official 
duties. <<NOTE: Definition.>>  For purposes of this section, the term 
``official duties'' does not include travel between the officer's or 
employee's residence and workplace, except in the case of--

[[Page 136 STAT. 4722]]

            (1) an officer or employee of the Metropolitan Police 
        Department who resides in the District of Columbia or is 
        otherwise designated by the Chief of the Department;
            (2) at the discretion of the Fire Chief, an officer or 
        employee of the District of Columbia Fire and Emergency Medical 
        Services Department who resides in the District of Columbia and 
        is on call 24 hours a day;
            (3) at the discretion of the Director of the Department of 
        Corrections, an officer or employee of the District of Columbia 
        Department of Corrections who resides in the District of 
        Columbia and is on call 24 hours a day;
            (4) at the discretion of the Chief Medical Examiner, an 
        officer or employee of the Office of the Chief Medical Examiner 
        who resides in the District of Columbia and is on call 24 hours 
        a day;
            (5) at the discretion of the Director of the Homeland 
        Security and Emergency Management Agency, an officer or employee 
        of the Homeland Security and Emergency Management Agency who 
        resides in the District of Columbia and is on call 24 hours a 
        day;
            (6) the Mayor of the District of Columbia; and
            (7) the Chairman of the Council of the District of Columbia.

    Sec. 806. (a) <<NOTE: Voting rights.>>  None of the Federal funds 
contained in this Act may be used by the District of Columbia Attorney 
General or any other officer or entity of the District government to 
provide assistance for any petition drive or civil action which seeks to 
require Congress to provide for voting representation in Congress for 
the District of Columbia.

    (b) Nothing in this section bars the District of Columbia Attorney 
General from reviewing or commenting on briefs in private lawsuits, or 
from consulting with officials of the District government regarding such 
lawsuits.
    Sec. 807. <<NOTE: Needle distribution.>> None of the Federal funds 
contained in this Act may be used to distribute any needle or syringe 
for the purpose of preventing the spread of blood borne pathogens in any 
location that has been determined by the local public health or local 
law enforcement authorities to be inappropriate for such distribution.

    Sec. 808. <<NOTE: Contraceptives. Conscience exception.>> Nothing in 
this Act may be construed to prevent the Council or Mayor of the 
District of Columbia from addressing the issue of the provision of 
contraceptive coverage by health insurance plans, but it is the intent 
of Congress that any legislation enacted on such issue should include a 
``conscience clause'' which provides exceptions for religious beliefs 
and moral convictions.

    Sec. 809. <<NOTE: Penalties. Drugs and drug abuse.>>  (a) None of 
the Federal funds contained in this Act may be used to enact or carry 
out any law, rule, or regulation to legalize or otherwise reduce 
penalties associated with the possession, use, or distribution of any 
schedule I substance under the Controlled Substances Act (21 U.S.C. 801 
et seq.) or any tetrahydrocannabinols derivative.

    (b) No funds available for obligation or expenditure by the District 
of Columbia government under any authority may be used to enact any law, 
rule, or regulation to legalize or otherwise reduce penalties associated 
with the possession, use, or distribution of any schedule I substance 
under the Controlled Substances Act (21 U.S.C. 801 et seq.) or any 
tetrahydrocannabinols derivative for recreational purposes.

[[Page 136 STAT. 4723]]

    Sec. 810. <<NOTE: Abortion.>>  No funds available for obligation or 
expenditure by the District of Columbia government under any authority 
shall be expended for any abortion except where the life of the mother 
would be endangered if the fetus were carried to term or where the 
pregnancy is the result of an act of rape or incest.

    Sec. 811. (a) <<NOTE: Deadline. Operating budget.>>  No later than 
30 calendar days after the date of the enactment of this Act, the Chief 
Financial Officer for the District of Columbia shall submit to the 
appropriate committees of Congress, the Mayor, and the Council of the 
District of Columbia, a revised appropriated funds operating budget in 
the format of the budget that the District of Columbia government 
submitted pursuant to section 442 of the District of Columbia Home Rule 
Act (D.C. Official Code, sec. 1-204.42), for all agencies of the 
District of Columbia government for fiscal year 2023 that is in the 
total amount of the approved appropriation and that realigns all 
budgeted data for personal services and other-than-personal services, 
respectively, with anticipated actual expenditures.

    (b) <<NOTE: Applicability. Certification.>> This section shall apply 
only to an agency for which the Chief Financial Officer for the District 
of Columbia certifies that a reallocation is required to address 
unanticipated changes in program requirements.

    Sec. 812. <<NOTE: Deadline. Operating budget.>>  No later than 30 
calendar days after the date of the enactment of this Act, the Chief 
Financial Officer for the District of Columbia shall submit to the 
appropriate committees of Congress, the Mayor, and the Council for the 
District of Columbia, a revised appropriated funds operating budget for 
the District of Columbia Public Schools that aligns schools budgets to 
actual enrollment. The revised appropriated funds budget shall be in the 
format of the budget that the District of Columbia government submitted 
pursuant to section 442 of the District of Columbia Home Rule Act (D.C. 
Official Code, sec. 1-204.42).

    Sec. 813. (a) Amounts appropriated in this Act as operating funds 
may be transferred to the District of Columbia's enterprise and capital 
funds and such amounts, once transferred, shall retain appropriation 
authority consistent with the provisions of this Act.
    (b) <<NOTE: Time period.>>  The District of Columbia government is 
authorized to reprogram or transfer for operating expenses any local 
funds transferred or reprogrammed in this or the four prior fiscal years 
from operating funds to capital funds, and such amounts, once 
transferred or reprogrammed, shall retain appropriation authority 
consistent with the provisions of this Act.

    (c) The District of Columbia government may not transfer or 
reprogram for operating expenses any funds derived from bonds, notes, or 
other obligations issued for capital projects.
    Sec. 814.  None of the Federal funds appropriated in this Act shall 
remain available for obligation beyond the current fiscal year, nor may 
any be transferred to other appropriations, unless expressly so provided 
herein.
    Sec. 815.  Except as otherwise specifically provided by law or under 
this Act, not to exceed 50 percent of unobligated balances remaining 
available at the end of fiscal year 2023 from appropriations of Federal 
funds made available for salaries and expenses for fiscal year 2023 in 
this Act, shall remain available through September 30, 2024, for each 
such account for the purposes authorized:  Provided, <<NOTE: Advance 
approvals.>> That a request shall be submitted to the Committees on 
Appropriations of the House of Representatives and the Senate for 
approval prior to the expenditure of such funds:  Provided further,

[[Page 136 STAT. 4724]]

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

    Sec. 816. <<NOTE: Time periods.>>  (a)(1) During fiscal year 2024, 
during a period in which neither a District of Columbia continuing 
resolution or a regular District of Columbia appropriation bill is in 
effect, local funds are appropriated in the amount provided for any 
project or activity for which local funds are provided in the Act 
referred to in paragraph (2) (subject to any modifications enacted by 
the District of Columbia as of the beginning of the period during which 
this subsection is in effect) at the rate set forth by such Act.

    (2) The Act referred to in this paragraph is the Act of the Council 
of the District of Columbia pursuant to which a proposed budget is 
approved for fiscal year 2024 which (subject to the requirements of the 
District of Columbia Home Rule Act) will constitute the local portion of 
the annual budget for the District of Columbia government for fiscal 
year 2024 for purposes of section 446 of the District of Columbia Home 
Rule Act (sec. 1-204.46, D.C. Official Code).
    (b) Appropriations made by subsection (a) shall cease to be 
available--
            (1) during any period in which a District of Columbia 
        continuing resolution for fiscal year 2024 is in effect; or
            (2) upon the enactment into law of the regular District of 
        Columbia appropriation bill for fiscal year 2024.

    (c) An appropriation made by subsection (a) is provided under the 
authority and conditions as provided under this Act and shall be 
available to the extent and in the manner that would be provided by this 
Act.
    (d) <<NOTE: Applicability.>>  An appropriation made by subsection 
(a) shall cover all obligations or expenditures incurred for such 
project or activity during the portion of fiscal year 2024 for which 
this section applies to such project or activity.

    (e) This section shall not apply to a project or activity during any 
period of fiscal year 2024 if any other provision of law (other than an 
authorization of appropriations)--
            (1) makes an appropriation, makes funds available, or grants 
        authority for such project or activity to continue for such 
        period; or
            (2) specifically provides that no appropriation shall be 
        made, no funds shall be made available, or no authority shall be 
        granted for such project or activity to continue for such 
        period.

    (f) Nothing in this section shall be construed to affect obligations 
of the government of the District of Columbia mandated by other law.
    Sec. 817. (a) Section 244 of the Revised Statutes of the United 
States relating to the District of Columbia (sec. 9-1201.03, D.C. 
Official Code) does not apply with respect to any railroads installed 
pursuant to the Long Bridge Project.
    (b) <<NOTE: Definition. Virginia.>>  In this section, the term 
``Long Bridge Project'' means the project carried out by the District of 
Columbia and the Commonwealth of Virginia to construct a new Long Bridge 
adjacent to the existing Long Bridge over the Potomac River, including 
related infrastructure and other related projects, to expand commuter 
and regional passenger rail service and to provide bike and pedestrian 
access crossings over the Potomac River.

[[Page 136 STAT. 4725]]

    Sec. 818. <<NOTE: Reports.>> Not later than 45 days after the last 
day of each quarter, each Federal and District government agency 
appropriated Federal funds in this Act shall submit to the Committees on 
Appropriations of the House of Representatives and the Senate a 
quarterly budget report that includes total obligations of the Agency 
for that quarter for each Federal funds appropriation provided in this 
Act, by the source year of the appropriation.

    Sec. 819. (a)(1) Section 11-2604(a), District of Columbia Official 
Code, is amended by striking ``at a fixed rate of $90 per hour'' and 
inserting ``an hourly rate not to exceed the rate payable under section 
3006A(d)(1) of title 18, United States Code''.
    (2) <<NOTE: Applicability.>> The amendments made by this section 
shall apply with respect to cases and proceedings initiated on or after 
the date of the enactment of this Act.

    (b)(1) Section 11-2605, District of Columbia Official Code, is 
amended in subsections (b) and (c) by striking ``(or, in the case of 
investigative services, a fixed rate of $25 per hour)'' each place it 
appears.
    (2) <<NOTE: Applicability.>>  The amendments made by this section 
shall apply with respect to investigative services provided in 
connection with cases and proceedings initiated on or after the date of 
the enactment of this Act.

    Sec. 820.  Except as expressly provided otherwise, any reference to 
``this Act'' contained in this title or in title IV shall be treated as 
referring only to the provisions of this title or of title IV.
    This division may be cited as the ``Financial Services and General 
Government Appropriations Act, 2023''.

DIVISION F-- <<NOTE: Department of Homeland Security Appropriations Act, 
2023.>> DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2023

                                 TITLE I

   DEPARTMENTAL MANAGEMENT, INTELLIGENCE, SITUATIONAL AWARENESS, AND 
                                OVERSIGHT

            Office of the Secretary and Executive Management

                         operations and support

    For necessary expenses of the Office of the Secretary and for 
executive management for operations and support, $336,746,000; of which 
$18,862,000 shall remain available until September 30, 2024:  Provided, 
That not to exceed $30,000 shall be for official reception and 
representation expenses:  Provided further, <<NOTE: Submission.>>  That 
$5,000,000 shall be withheld from obligation until the Secretary 
submits, to the Committees on Appropriations of the Senate and the House 
of Representatives, responses to all questions for the record for each 
hearing on the fiscal year 2024 budget submission for the Department of 
Homeland Security held by such Committees prior to July 1.

               procurement, construction, and improvements

    For necessary expenses of the Office of the Secretary and for 
executive management for procurement, construction, and improvements, 
$8,048,000, to remain available until September 30, 2025.

[[Page 136 STAT. 4726]]

                           federal assistance

                      (including transfer of funds)

    For necessary expenses of the Office of the Secretary and for 
executive management for Federal assistance through grants, contracts, 
cooperative agreements, and other activities, $40,000,000, which shall 
be transferred to ``Federal Emergency Management Agency--Federal 
Assistance'', of which $20,000,000 shall be for targeted violence and 
terrorism prevention grants and of which $20,000,000, to remain 
available until September 30, 2024, shall be for the Alternatives to 
Detention Case Management pilot program.

                         Management Directorate

                         operations and support

    For necessary expenses of the Management Directorate for operations 
and support, including vehicle fleet modernization, $1,743,160,000:  
Provided, That not to exceed $2,000 shall be for official reception and 
representation expenses.

               procurement, construction, and improvements

    For necessary expenses of the Management Directorate for 
procurement, construction, and improvements, $325,245,000, of which 
$137,245,000 shall remain available until September 30, 2025, and of 
which $188,000,000 shall remain available until September 30, 2027.

                       federal protective service

    The revenues and collections of security fees credited to this 
account shall be available until expended for necessary expenses related 
to the protection of federally owned and leased buildings and for the 
operations of the Federal Protective Service.

            Intelligence, Analysis, and Situational Awareness

                         operations and support

    For necessary expenses of the Office of Intelligence and Analysis 
and the Office of Homeland Security Situational Awareness for operations 
and support, $316,640,000, of which $95,273,000 shall remain available 
until September 30, 2024:  Provided, That not to exceed $3,825 shall be 
for official reception and representation expenses and not to exceed 
$2,000,000 is available for facility needs associated with secure space 
at fusion centers, including improvements to buildings.

                     Office of the Inspector General

                         operations and support

    For necessary expenses of the Office of the Inspector General for 
operations and support, $214,879,000:  Provided, That not to exceed 
$300,000 may be used for certain confidential operational

[[Page 136 STAT. 4727]]

expenses, including the payment of informants, to be expended at the 
direction of the Inspector General.

                        Administrative Provisions

                      (including transfer of funds)

    Sec. 101. (a) <<NOTE: Reports. Grants. Contracts. Time period.>>  
The Secretary of Homeland Security shall submit a report not later than 
October 15, 2023, to the Inspector General of the Department of Homeland 
Security listing all grants and contracts awarded by any means other 
than full and open competition during fiscal years 2022 or 2023.

    (b) <<NOTE: Review. Assessment. Compliance.>>  The Inspector General 
shall review the report required by subsection (a) to assess 
departmental compliance with applicable laws and regulations and report 
the results of that review to the Committees on Appropriations of the 
Senate and the House of Representatives not later than February 15, 
2024.

    Sec. 102. <<NOTE: Budget. Reports.>>  Not later than 30 days after 
the last day of each month, the Chief Financial Officer of the 
Department of Homeland Security shall submit to the Committees on 
Appropriations of the Senate and the House of Representatives a monthly 
budget and staffing report that includes total obligations of the 
Department for that month and for the fiscal year at the appropriation 
and program, project, and activity levels, by the source year of the 
appropriation.

    Sec. 103. <<NOTE: Contracts. Award fees.>>  The Secretary of 
Homeland Security shall require that all contracts of the Department of 
Homeland Security that provide award fees link such fees to successful 
acquisition outcomes, which shall be specified in terms of cost, 
schedule, and performance.

    Sec. 104. <<NOTE: Notifications.>>  (a) The Secretary of Homeland 
Security, in consultation with the Secretary of the Treasury, shall 
notify the Committees on Appropriations of the Senate and the House of 
Representatives of any proposed transfers of funds available under 
section 9705(g)(4)(B) of title 31, United States Code, from the 
Department of the Treasury Forfeiture Fund to any agency within the 
Department of Homeland Security.

    (b) None of the funds identified for such a transfer may be 
obligated until the Committees on Appropriations of the Senate and the 
House of Representatives are notified of the proposed transfer.
    Sec. 105.  All official costs associated with the use of Government 
aircraft by Department of Homeland Security personnel to support 
official travel of the Secretary and the Deputy Secretary shall be paid 
from amounts made available for the Office of the Secretary.
    Sec. 106. <<NOTE: Briefing. Deadline. Contracts.>>  (a) The Under 
Secretary for Management shall brief the Committees on Appropriations of 
the Senate and the House of Representatives not later than 45 days after 
the end of each fiscal quarter on all Level 1 and Level 2 acquisition 
programs on the Master Acquisition Oversight list between Acquisition 
Decision Event and Full Operational Capability, including programs that 
have been removed from such list during the preceding quarter.

    (b) For each such program, the briefing described in subsection (a) 
shall include--
            (1) a description of the purpose of the program, including 
        the capabilities being acquired and the component(s) sponsoring 
        the acquisition;

[[Page 136 STAT. 4728]]

            (2) the total number of units, as appropriate, to be 
        acquired annually until procurement is complete under the 
        current acquisition program baseline;
            (3) the Acquisition Review Board status, including--
                    (A) the current acquisition phase by increment, as 
                applicable;
                    (B) the date of the most recent review; and
                    (C) whether the program has been paused or is in 
                breach status;
            (4) a comparison between the initial Department-approved 
        acquisition program baseline cost, schedule, and performance 
        thresholds and objectives and the program's current such 
        thresholds and objectives, if applicable;
            (5) <<NOTE: Cost estimate.>>  the lifecycle cost estimate, 
        adjusted for comparison to the Future Years Homeland Security 
        Program, including--
                    (A) the confidence level for the estimate;
                    (B) the fiscal years included in the estimate;
                    (C) <<NOTE: Time periods.>>  a breakout of the 
                estimate for the prior five years, the current year, and 
                the budget year;
                    (D) a breakout of the estimate by appropriation 
                account or other funding source; and
                    (E) a description of and rationale for any changes 
                to the estimate as compared to the previously approved 
                baseline, as applicable, and during the prior fiscal 
                year;
            (6) <<NOTE: Summary.>>  a summary of the findings of any 
        independent verification and validation of the items to be 
        acquired or an explanation for why no such verification and 
        validation has been performed;
            (7) <<NOTE: Estimates.>>  a table displaying the obligation 
        of all program funds by prior fiscal year, the estimated 
        obligation of funds for the current fiscal year, and an estimate 
        for the planned carryover of funds into the subsequent fiscal 
        year;
            (8) <<NOTE: Listing.>>  a listing of prime contractors and 
        major subcontractors; and
            (9) narrative descriptions of risks to cost, schedule, or 
        performance that could result in a program breach if not 
        successfully mitigated.

    (c) <<NOTE: Memorandums. Deadline.>>  The Under Secretary for 
Management shall submit each approved Acquisition Decision Memorandum 
for programs described in this section to the Committees on 
Appropriations of the Senate and the House of Representatives not later 
than five business days after the date of approval of such memorandum by 
the Under Secretary for Management or the designee of the Under 
Secretary.

    Sec. 107. (a) None of the funds made available to the Department of 
Homeland Security in this Act or prior appropriations Acts may be 
obligated for any new pilot or demonstration unless the component or 
office carrying out such pilot or demonstration has documented the 
information described in subsection (c).
    (b) <<NOTE: Reports.>>  Prior to the obligation of any such funds 
made available for ``Operations and Support'' for a new pilot or 
demonstration, the Under Secretary for Management shall provide a report 
to the Committees on Appropriations of the Senate and the House of 
Representatives on the information described in subsection (c).

    (c) The information required under subsections (a) and (b) for a 
pilot or demonstration shall include the following--
            (1) documented objectives that are well-defined and 
        measurable;

[[Page 136 STAT. 4729]]

            (2) <<NOTE: Assessment. Data.>>  an assessment methodology 
        that details--
                    (A) the type and source of assessment data;
                    (B) the methods for, and frequency of, collecting 
                such data; and
                    (C) how such data will be analyzed; and
            (3) <<NOTE: Implementation plan. Cost 
        estimates. Schedules.>>  an implementation plan, including 
        milestones, cost estimates, and implementation schedules, 
        including a projected end date.

    (d) <<NOTE: Reports. Costs.>>  Not later than 90 days after the date 
of completion of a pilot or demonstration described in subsection (e) 
the Under Secretary for Management shall provide a report to the 
Committees on Appropriations of the Senate and the House of 
Representatives detailing lessons learned, actual costs, any planned 
expansion or continuation of the pilot or demonstration, and any planned 
transition of such pilot or demonstration into an enduring program or 
operation.

    (e) For the purposes of this section, a pilot or demonstration 
program is a study, demonstration, experimental program, or trial that--
            (1) is a small-scale, short-term experiment conducted in 
        order to evaluate feasibility, duration, costs, or adverse 
        events, and improve upon the design of an effort prior to 
        implementation of a larger scale effort; and
            (2) uses more than 10 full-time equivalents or obligates, or 
        proposes to obligate, $5,000,000 or more, but does not include 
        congressionally directed programs or enhancements and does not 
        include programs that were in operation as of March 15, 2022.

    (f) For the purposes of this section, a pilot or demonstration does 
not include any testing, evaluation, or initial deployment phase 
executed under a procurement contract for the acquisition of information 
technology services or systems, or any pilot or demonstration carried 
out by a non-federal recipient under any financial assistance agreement 
funded by the Department.
    Sec. 108.  Of the amount made available by section 4005 of the 
American Rescue Plan Act of 2021 (Public Law 117-2), $14,000,000 shall 
be transferred to ``Office of Inspector General--Operations and 
Support'' for oversight of the use of funds made available under such 
section 4005.

                                TITLE II

                SECURITY, ENFORCEMENT, AND INVESTIGATIONS

                   U.S. Customs and Border Protection

                         operations and support

                      (including transfer of funds)

    For necessary expenses of U.S. Customs and Border Protection for 
operations and support, including the transportation of unaccompanied 
alien minors; the provision of air and marine support to Federal, State, 
local, and international agencies in the enforcement or administration 
of laws enforced by the Department of Homeland Security; at the 
discretion of the Secretary of Homeland Security, the provision of such 
support to Federal, State, and local agencies in other law enforcement 
and emergency humanitarian efforts; the

[[Page 136 STAT. 4730]]

purchase and lease of up to 7,500 (6,500 for replacement only) police-
type vehicles; the purchase, maintenance, or operation of marine 
vessels, aircraft, and unmanned aerial systems; and contracting with 
individuals for personal services abroad; $15,590,694,000; of which 
$3,274,000 shall be derived from the Harbor Maintenance Trust Fund for 
administrative expenses related to the collection of the Harbor 
Maintenance Fee pursuant to section 9505(c)(3) of the Internal Revenue 
Code of 1986 (26 U.S.C. 9505(c)(3)) and notwithstanding section 
1511(e)(1) of the Homeland Security Act of 2002 (6 U.S.C. 551(e)(1)); of 
which $500,000,000 shall be available until September 30, 2024; and of 
which such sums as become available in the Customs User Fee Account, 
except sums subject to section 13031(f)(3) of the Consolidated Omnibus 
Budget Reconciliation Act of 1985 (19 U.S.C. 58c(f)(3)), shall be 
derived from that account:  Provided, That not to exceed $34,425 shall 
be for official reception and representation expenses:  Provided 
further, That not to exceed $150,000 shall be available for payment for 
rental space in connection with preclearance operations:  Provided 
further, That not to exceed $2,000,000 shall be for awards of 
compensation to informants, to be accounted for solely under the 
certificate of the Secretary of Homeland Security:  Provided further, 
That $800,000,000 shall be transferred to ``Federal Emergency Management 
Agency--Federal Assistance'' to support sheltering and related 
activities provided by non-Federal entities, including facility 
improvements and construction, in support of relieving overcrowding in 
short-term holding facilities of U.S. Customs and Border Protection, of 
which not to exceed $11,200,000 shall be for the administrative costs of 
the Federal Emergency Management Agency:  Provided further, That not to 
exceed $5,000,000 may be transferred to the Bureau of Indian Affairs for 
the maintenance and repair of roads on Native American reservations used 
by the U.S. Border Patrol:  Provided further, <<NOTE: Reports.>> That of 
the amounts made available under this heading for the Executive 
Leadership and Oversight program, project, and activity, as outlined in 
the explanatory statement described in section 4 (in the matter 
preceding division A of this consolidated Act), $5,000,000 shall not be 
available for obligation until the reports concerning human capital 
strategic plans and the Office of Field Operations workload staffing 
model that are directed in such explanatory statement are submitted to 
the Committees on Appropriations of the Senate and the House of 
Representatives.

               procurement, construction, and improvements

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

                U.S. Immigration and Customs Enforcement

                         operations and support

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

[[Page 136 STAT. 4731]]

vehicles; overseas vetted units; and maintenance, minor construction, 
and minor leasehold improvements at owned and leased facilities; 
$8,396,305,000; of which not less than $6,000,000 shall remain available 
until expended for efforts to enforce laws against forced child labor; 
of which $46,696,000 shall remain available until September 30, 2024; of 
which not less than $2,000,000 is for paid apprenticeships for 
participants in the Human Exploitation Rescue Operative Child-Rescue 
Corps; of which not less than $15,000,000 shall be available for 
investigation of intellectual property rights violations, including 
operation of the National Intellectual Property Rights Coordination 
Center; and of which not less than $4,181,786,000 shall be for 
enforcement, detention, and removal operations, including transportation 
of unaccompanied alien minors:  Provided, That not to exceed $11,475 
shall be for official reception and representation expenses:  Provided 
further, That not to exceed $10,000,000 shall be available until 
expended for conducting special operations under section 3131 of the 
Customs Enforcement Act of 1986 (19 U.S.C. 2081):  Provided further, 
That not to exceed $2,000,000 shall be for awards of compensation to 
informants, to be accounted for solely under the certificate of the 
Secretary of Homeland Security:  Provided further, That not to exceed 
$11,216,000 shall be available to fund or reimburse other Federal 
agencies for the costs associated with the care, maintenance, and 
repatriation of smuggled aliens unlawfully present in the United States: 
 Provided further, <<NOTE: Reports.>> That of the amounts made available 
under this heading for the Executive Leadership and Oversight program, 
project, and activity, as outlined in the explanatory statement 
described in section 4 (in the matter preceding division A of this 
consolidated Act), $5,000,000 shall not be available for obligation 
until the reports directed under this heading in the explanatory 
statements accompanying Public Laws 116-6, 116-93, and 117-103 have been 
submitted to the Committees on Appropriations of the Senate and the 
House of Representatives.

               procurement, construction, and improvements

    For necessary expenses of U.S. Immigration and Customs Enforcement 
for procurement, construction, and improvements, $22,997,000, to remain 
available until September 30, 2025.

                 Transportation Security Administration

                         operations and support

    For necessary expenses of the Transportation Security Administration 
for operations and support, $8,798,363,000, to remain available until 
September 30, 2024:  Provided, That not to exceed $7,650 shall be for 
official reception and representation expenses:  Provided further, That 
security service fees authorized under section 44940 of title 49, United 
States Code, shall be credited to this appropriation as offsetting 
collections and shall be available only for aviation security:  Provided 
further, <<NOTE: Reduction.>> That the sum appropriated under this 
heading from the general fund shall be reduced on a dollar-for-dollar 
basis as such offsetting collections are received during fiscal year 
2023 so as to result in a final fiscal year appropriation from the 
general fund estimated at not more than $6,308,363,000.

[[Page 136 STAT. 4732]]

               procurement, construction, and improvements

    For necessary expenses of the Transportation Security Administration 
for procurement, construction, and improvements, $141,645,000, to remain 
available until September 30, 2025.

                        research and development

    For necessary expenses of the Transportation Security Administration 
for research and development, $33,532,000, to remain available until 
September 30, 2024.

                               Coast Guard

                         operations and support

    For necessary expenses of the Coast Guard for operations and support 
including the Coast Guard Reserve; purchase or lease of not to exceed 25 
passenger motor vehicles, which shall be for replacement only; purchase 
or lease of small boats for contingent and emergent requirements (at a 
unit cost of not more than $700,000) and repairs and service-life 
replacements, not to exceed a total of $31,000,000; purchase, lease, or 
improvements of boats necessary for overseas deployments and activities; 
payments pursuant to section 156 of Public Law 97-377 (42 U.S.C. 402 
note; 96 Stat. 1920); and recreation and welfare; $9,700,478,000, of 
which $530,000,000 shall be for defense-related activities; of which 
$24,500,000 shall be derived from the Oil Spill Liability Trust Fund to 
carry out the purposes of section 1012(a)(5) of the Oil Pollution Act of 
1990 (33 U.S.C. 2712(a)(5)); of which $20,000,000 shall remain available 
until September 30, 2025; of which $24,359,000 shall remain available 
until September 30, 2027, for environmental compliance and restoration; 
and of which $70,000,000 shall remain available until September 30, 
2024, which shall only be available for vessel depot level maintenance:  
Provided, That not to exceed $23,000 shall be for official reception and 
representation expenses.

               procurement, construction, and improvements

    For necessary expenses of the Coast Guard for procurement, 
construction, and improvements, including aids to navigation, shore 
facilities (including facilities at Department of Defense installations 
used by the Coast Guard), and vessels and aircraft, including equipment 
related thereto, $1,669,650,000, to remain available until September 30, 
2027; of which $20,000,000 shall be derived from the Oil Spill Liability 
Trust Fund to carry out the purposes of section 1012(a)(5) of the Oil 
Pollution Act of 1990 (33 U.S.C. 2712(a)(5)).

                        research and development

    For necessary expenses of the Coast Guard for research and 
development; and for maintenance, rehabilitation, lease, and operation 
of facilities and equipment; $7,476,000, to remain available until 
September 30, 2025, of which $500,000 shall be derived from the Oil 
Spill Liability Trust Fund to carry out the purposes of section 
1012(a)(5) of the Oil Pollution Act of 1990 (33 U.S.C. 2712(a)(5)):  
Provided, That there may be credited to and used

[[Page 136 STAT. 4733]]

for the purposes of this appropriation funds received from State and 
local governments, other public authorities, private sources, and 
foreign countries for expenses incurred for research, development, 
testing, and evaluation.

                               retired pay

    For retired pay, including the payment of obligations otherwise 
chargeable to lapsed appropriations for this purpose, payments under the 
Retired Serviceman's Family Protection and Survivor Benefits Plans, 
payment for career status bonuses, payment of continuation pay under 
section 356 of title 37, United States Code, concurrent receipts, 
combat-related special compensation, and payments for medical care of 
retired personnel and their dependents under chapter 55 of title 10, 
United States Code, $2,044,414,000, to remain available until expended.

                      United States Secret Service

                         operations and support

    For necessary expenses of the United States Secret Service for 
operations and support, including purchase of not to exceed 652 vehicles 
for police-type use; hire of passenger motor vehicles; purchase of 
motorcycles made in the United States; hire of aircraft; rental of 
buildings in the District of Columbia; fencing, lighting, guard booths, 
and other facilities on private or other property not in Government 
ownership or control, as may be necessary to perform protective 
functions; conduct of and participation in firearms matches; 
presentation of awards; conduct of behavioral research in support of 
protective intelligence and operations; payment in advance for 
commercial accommodations as may be necessary to perform protective 
functions; and payment, without regard to section 5702 of title 5, 
United States Code, of subsistence expenses of employees who are on 
protective missions, whether at or away from their duty stations; 
$2,734,267,000; of which $52,296,000 shall remain available until 
September 30, 2024, and of which $6,000,000 shall be for a grant for 
activities related to investigations of missing and exploited children; 
and of which up to $20,500,000 may be for calendar year 2022 premium pay 
in excess of the annual equivalent of the limitation on the rate of pay 
contained in section 5547(a) of title 5, United States Code, pursuant to 
section 2 of the Overtime Pay for Protective Services Act of 2016 (5 
U.S.C. 5547 note), as last amended by Public Law 116-269:  Provided, 
That not to exceed $19,125 shall be for official reception and 
representation expenses:  Provided further, That not to exceed $100,000 
shall be to provide technical assistance and equipment to foreign law 
enforcement organizations in criminal investigations within the 
jurisdiction of the United States Secret Service.

               procurement, construction, and improvements

    For necessary expenses of the United States Secret Service for 
procurement, construction, and improvements, $83,888,000, to remain 
available until September 30, 2025.

[[Page 136 STAT. 4734]]

                        research and development

    For necessary expenses of the United States Secret Service for 
research and development, $4,025,000, to remain available until 
September 30, 2024.

                        Administrative Provisions

    Sec. 201. <<NOTE: Applicability.>>  Section 201 of the Department of 
Homeland Security Appropriations Act, 2018 (division F of Public Law 
115-141), related to overtime compensation limitations, shall apply with 
respect to funds made available in this Act in the same manner as such 
section applied to funds made available in that Act, except that 
``fiscal year 2023'' shall be substituted for ``fiscal year 2018''.

    Sec. 202. <<NOTE: Puerto Rico. Virgin Islands.>>  Funding made 
available under the headings ``U.S. Customs and Border Protection--
Operations and Support'' and ``U.S. Customs and Border Protection--
Procurement, Construction, and Improvements'' shall be available for 
customs expenses when necessary to maintain operations and prevent 
adverse personnel actions in Puerto Rico and the U.S. Virgin Islands, in 
addition to funding provided by sections 740 and 1406i of title 48, 
United States Code.

    Sec. 203. <<NOTE: Fees. Canada. Mexico.>>  As authorized by section 
601(b) of the United States-Colombia Trade Promotion Agreement 
Implementation Act (Public Law 112-42), fees collected from passengers 
arriving from Canada, Mexico, or an adjacent island pursuant to section 
13031(a)(5) of the Consolidated Omnibus Budget Reconciliation Act of 
1985 (19 U.S.C. 58c(a)(5)) shall be available until expended.

    Sec. 204. (a) <<NOTE: Reduction.>> For an additional amount for 
``U.S. Customs and Border Protection--Operations and Support'', 
$31,000,000, to remain available until expended, to be reduced by 
amounts collected and credited to this appropriation in fiscal year 2023 
from amounts authorized to be collected by section 286(i) of the 
Immigration and Nationality Act (8 U.S.C. 1356(i)), section 10412 of the 
Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8311), and 
section 817 of the Trade Facilitation and Trade Enforcement Act of 2015 
(Public Law 114-125), or other such authorizing language.

    (b) To the extent that amounts realized from such collections exceed 
$31,000,000, those amounts in excess of $31,000,000 shall be credited to 
this appropriation, to remain available until expended.
    Sec. 205. <<NOTE: Drugs and drug abuse. Canada. Compliance.>>  None 
of the funds made available in this Act for U.S. Customs and Border 
Protection may be used to prevent an individual not in the business of 
importing a prescription drug (within the meaning of section 801(g) of 
the Federal Food, Drug, and Cosmetic Act) from importing a prescription 
drug from Canada that complies with the Federal Food, Drug, and Cosmetic 
Act:  Provided, <<NOTE: Applicability. Time period.>> That this section 
shall apply only to individuals transporting on their person a personal-
use quantity of the prescription drug, not to exceed a 90-day supply:  
Provided further, That the prescription drug may not be--
            (1) a controlled substance, as defined in section 102 of the 
        Controlled Substances Act (21 U.S.C. 802); or
            (2) a biological product, as defined in section 351 of the 
        Public Health Service Act (42 U.S.C. 262).

    Sec. 206. (a) Notwithstanding any other provision of law, none of 
the funds provided in this or any other Act shall be used to approve a 
waiver of the navigation and vessel-inspection laws pursuant to section 
501(b) of title 46, United States Code, for

[[Page 136 STAT. 4735]]

the transportation of crude oil distributed from and to the Strategic 
Petroleum Reserve until the Secretary of Homeland Security, after 
consultation with the Secretaries of the Departments of Energy and 
Transportation and representatives from the United States flag maritime 
industry, takes adequate measures to ensure the use of United States 
flag vessels.
    (b) <<NOTE: Notification. Deadline. Waivers.>> The Secretary shall 
notify the Committees on Appropriations of the Senate and the House of 
Representatives, the Committee on Commerce, Science, and Transportation 
of the Senate, and the Committee on Transportation and Infrastructure of 
the House of Representatives within 2 business days of any request for 
waivers of navigation and vessel-inspection laws pursuant to section 
501(b) of title 46, United States Code, with respect to such 
transportation, and the disposition of such requests.

    Sec. 207. (a) <<NOTE: Effective date.>> Beginning on the date of 
enactment of this Act, the Secretary of Homeland Security shall not--
            (1) establish, collect, or otherwise impose any new border 
        crossing fee on individuals crossing the Southern border or the 
        Northern border at a land port of entry; or
            (2) conduct any study relating to the imposition of a border 
        crossing fee.

    (b) <<NOTE: Definition.>>  In this section, the term ``border 
crossing fee'' means a fee that every pedestrian, cyclist, and driver 
and passenger of a private motor vehicle is required to pay for the 
privilege of crossing the Southern border or the Northern border at a 
land port of entry.

    Sec. 208. (a) <<NOTE: Deadline. Expenditure plan.>>  Not later than 
90 days after the date of enactment of this Act, the Commissioner of 
U.S. Customs and Border Protection shall submit an expenditure plan for 
any amounts made available for ``U.S. Customs and Border Protection--
Procurement, Construction, and Improvements'' in this Act and prior Acts 
to the Committees on Appropriations of the Senate and the House of 
Representatives.

    (b) No such amounts provided in this Act may be obligated prior to 
the submission of such plan.
    Sec. 209. <<NOTE: Applicability.>> Section 211 of the Department of 
Homeland Security Appropriations Act, 2021 (division F of Public Law 
116-260), prohibiting the use of funds for the construction of fencing 
in certain areas, shall apply with respect to funds made available in 
this Act in the same manner as such section applied to funds made 
available in that Act.

    Sec. 210. (a) Funds made available in this Act may be used to alter 
operations within the National Targeting Center of U.S. Customs and 
Border Protection.
    (b) None of the funds provided by this Act, provided by previous 
appropriations Acts that remain available for obligation or expenditure 
in fiscal year 2023, or provided from any accounts in the Treasury of 
the United States derived by the collection of fees available to the 
components funded by this Act, may be used to reduce anticipated or 
planned vetting operations at existing locations unless specifically 
authorized by a statute enacted after the date of enactment of this Act.
    Sec. 211. (a) Of the amounts transferred from ``U.S. Customs and 
Border Protection--Operations and Support'' to ``Federal Emergency 
Management Agency--Federal Assistance'' in this Act, up to $785,000,000 
may be made available for the emergency food and shelter program under 
title II of the McKinney Vento Homeless

[[Page 136 STAT. 4736]]

Assistance Act (42 U.S.C. 11331) for the purposes of providing shelter 
and other services to families and individuals encountered by the 
Department of Homeland Security.
    (b) Notwithstanding sections 313(a) and 316 of such Act, up to 
$50,000,000 of any amounts made available to the emergency food and 
shelter program under subsection (a) may be used for the construction 
and expansion of shelter facilities.
    (c) <<NOTE: Time period.>> Notwithstanding section 311 of such Act, 
funds made available for the purposes described in subsection (b) may be 
awarded to the Emergency Food and Shelter Program National Board up to 6 
months after the date of enactment of this Act.

    (d) <<NOTE: Disbursement. Time period.>>  Notwithstanding sections 
315 and 316(b) of such Act, funds made available under subsection (b) 
may be disbursed by the Emergency Food and Shelter Program National 
Board up to 24 months after the date on which such funds become 
available.

    (e) <<NOTE: Reimbursement. Effective date.>>  Amounts made available 
under subsection (a) may be available for the reimbursement of costs 
incurred after June 30, 2022.

    (f) The real property disposition requirements at 2 CFR 200.311(c) 
shall not apply to grants funded by the amounts transferred from ``U.S. 
Customs and Border Protection--Operations and Support'' to ``Federal 
Emergency Management Agency--Federal Assistance'' in this Act.
    Sec. 212.  Of the total amount made available under ``U.S. Customs 
and Border Protection--Procurement, Construction, and Improvements'', 
$581,558,000 shall be available only as follows:
            (1) $230,277,000 for the acquisition and deployment of 
        border security technologies;
            (2) $126,047,000 for trade and travel assets and 
        infrastructure;
            (3) $99,900,000 for facility construction and improvements;
            (4) $92,661,000 for integrated operations assets and 
        infrastructure; and
            (5) $32,673,000 for mission support and infrastructure.

    Sec. 213. <<NOTE: Determination.>> None of the funds provided under 
the heading ``U.S. Immigration and Customs Enforcement--Operations and 
Support'' may be used to continue a delegation of law enforcement 
authority authorized under section 287(g) of the Immigration and 
Nationality Act (8 U.S.C. 1357(g)) if the Department of Homeland 
Security Inspector General determines that the terms of the agreement 
governing the delegation of authority have been materially violated.

    Sec. 214. (a) <<NOTE: Contracts. 6 USC 211 note.>>  None of the 
funds provided under the heading ``U.S. Immigration and Customs 
Enforcement--Operations and Support'' may be used to continue any 
contract for the provision of detention services if the two most recent 
overall performance evaluations received by the contracted facility are 
less than ``adequate'' or the equivalent median score in any subsequent 
performance evaluation system.

    (b) The performance evaluations referenced in subsection (a) shall 
be conducted by the U.S. Immigration and Customs Enforcement Office of 
Professional Responsibility.
    Sec. 215. <<NOTE: Aliens.>>  Without regard to the limitation as to 
time and condition of section 503(d) of this Act, the Secretary may 
reprogram within and transfer funds to ``U.S. Immigration and Customs 
Enforcement--Operations and Support'' as necessary to ensure the 
detention of aliens prioritized for removal.

    Sec. 216. <<NOTE: Time period. Applicability. 8 USC 1378a note.>>  
The reports required to be submitted under section 216 of the Department 
of Homeland Security Appropriations Act,

[[Page 136 STAT. 4737]]

2021 (division F of Public Law 116-260) shall continue to be submitted 
semimonthly and each matter required to be included in such reports by 
such section 216 shall apply in the same manner and to the same extent 
during the period described in such section 216.

    Sec. 217. <<NOTE: Applicability.>> The terms and conditions of 
sections 216 and 217 of the Department of Homeland Security 
Appropriations Act, 2020 (division D of Public Law 116-93) shall apply 
to this Act.

    Sec. 218.  Members of the United States House of Representatives and 
the United States Senate, including the leadership; the heads of Federal 
agencies and commissions, including the Secretary, Deputy Secretary, 
Under Secretaries, and Assistant Secretaries of the Department of 
Homeland Security; the United States Attorney General, Deputy Attorney 
General, Assistant Attorneys General, and the United States Attorneys; 
and senior members of the Executive Office of the President, including 
the Director of the Office of Management and Budget, shall not be exempt 
from Federal passenger and baggage screening.
    Sec. 219. <<NOTE: Explosives detection systems.>> Any award by the 
Transportation Security Administration to deploy explosives detection 
systems shall be based on risk, the airport's current reliance on other 
screening solutions, lobby congestion resulting in increased security 
concerns, high injury rates, airport readiness, and increased cost 
effectiveness.

    Sec. 220. <<NOTE: Contracts. Explosives detection systems.>>  
Notwithstanding section 44923 of title 49, United States Code, for 
fiscal year 2023, any funds in the Aviation Security Capital Fund 
established by section 44923(h) of title 49, United States Code, may be 
used for the procurement and installation of explosives detection 
systems or for the issuance of other transaction agreements for the 
purpose of funding projects described in section 44923(a) of such title.

    Sec. 221. <<NOTE: Reports. Plans.>>  Not later than 45 days after 
the submission of the President's budget proposal, the Administrator of 
the Transportation Security Administration shall submit to the 
Committees on Appropriations and Commerce, Science, and Transportation 
of the Senate and the Committees on Appropriations and Homeland Security 
in the House of Representatives a single report that fulfills the 
following requirements:
            (1) a Capital Investment Plan, both constrained and 
        unconstrained, that includes a plan for continuous and sustained 
        capital investment in new, and the replacement of aged, 
        transportation security equipment;
            (2) the 5-year technology investment plan as required by 
        section 1611 of title XVI of the Homeland Security Act of 2002, 
        as amended by section 3 of the Transportation Security 
        Acquisition Reform Act (Public Law 113-245); and
            (3) the Advanced Integrated Passenger Screening Technologies 
        report as required by the Senate Report accompanying the 
        Department of Homeland Security Appropriations Act, 2019 (Senate 
        Report 115-283).

    Sec. 222.  Section 225 of division A of Public Law 116-6 (49 U.S.C. 
44901 note), relating to a pilot program for screening outside of an 
existing primary passenger terminal screening area, is amended in 
subsection (e) by striking ``2023'' and inserting ``2025''.
    Sec. 223. (a) <<NOTE: Vessels.>>  None of the funds made available 
by this Act under the heading ``Coast Guard--Operations and Support'' 
shall be for expenses incurred for recreational vessels under section 
12114 of title 46, United States Code, except to the extent fees are 
collected

[[Page 136 STAT. 4738]]

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

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

    Sec. 225. <<NOTE: Investment plan. Requirements.>>  Notwithstanding 
any other provision of law, the Commandant of the Coast Guard shall 
submit to the Committees on Appropriations of the Senate and the House 
of Representatives a future-years capital investment plan as described 
in the second proviso under the heading ``Coast Guard--Acquisition, 
Construction, and Improvements'' in the Department of Homeland Security 
Appropriations Act, 2015 (Public Law 114-4), which shall be subject to 
the requirements in the third and fourth provisos under such heading.

    Sec. 226.  Of the funds made available for defense-related 
activities under the heading ``Coast Guard--Operations and Support'', up 
to $190,000,000 that are used for enduring overseas missions in support 
of the global fight against terrorism may be reallocated by program, 
project, and activity, notwithstanding section 503 of this Act.
    Sec. 227.  None of the funds in this Act shall be used to reduce the 
Coast Guard's legacy Operations Systems Center mission or its 
government-employed or contract staff levels.
    Sec. 228.  None of the funds appropriated by this Act may be used to 
conduct, or to implement the results of, a competition under Office of 
Management and Budget Circular A-76 for activities performed with 
respect to the Coast Guard National Vessel Documentation Center.
    Sec. 229.  Funds made available in this Act may be used to alter 
operations within the Civil Engineering Program of the Coast Guard 
nationwide, including civil engineering units, facilities design and 
construction centers, maintenance and logistics commands, and the Coast 
Guard Academy, except that none of the funds provided in this Act may be 
used to reduce operations within any civil engineering unit unless 
specifically authorized by a statute enacted after the date of enactment 
of this Act.
    Sec. 230.  Amounts deposited into the Coast Guard Housing Fund in 
fiscal year 2023 shall be available until expended to carry out the 
purposes of section 2946 of title 14, United States Code, and shall be 
in addition to funds otherwise available for such purposes.
    Sec. 231. (a) Notwithstanding section 2110 of title 46, United 
States Code, none of the funds made available in this Act shall be used 
to charge a fee for an inspection of a towing vessel, as

[[Page 136 STAT. 4739]]

defined in 46 CFR 136.110, that utilizes the Towing Safety Management 
System option for a Certificate of Inspection issued under subchapter M 
of title 46, Code of Federal Regulations.
    (b) <<NOTE: Determination.>>  Subsection (a) shall not apply after 
the date the Commandant of the Coast Guard makes a determination under 
section 815(a) of the Frank LoBiondo Coast Guard Authorization Act of 
2018 (Public Law 115-282) and, as necessary based on such determination, 
carries out the requirements of section 815(b) of such Act.

    Sec. 232. <<NOTE: Reimbursements.>>  The United States Secret 
Service is authorized to obligate funds in anticipation of 
reimbursements from executive agencies, as defined in section 105 of 
title 5, United States Code, for personnel receiving training sponsored 
by the James J. Rowley Training Center, except that total obligations at 
the end of the fiscal year shall not exceed total budgetary resources 
available under the heading ``United States Secret Service--Operations 
and Support'' at the end of the fiscal year.

    Sec. 233. (a) None of the funds made available to the United States 
Secret Service by this Act or by previous appropriations Acts may be 
made available for the protection of the head of a Federal agency other 
than the Secretary of Homeland Security.
    (b) <<NOTE: Contracts. Reimbursement.>>  The Director of the United 
States Secret Service may enter into agreements to provide such 
protection on a fully reimbursable basis.

    Sec. 234.  For purposes of section 503(a)(3) of this Act, up to 
$15,000,000 may be reprogrammed within ``United States Secret Service--
Operations and Support''.
    Sec. 235. <<NOTE: Notifications. Time period.>>  Funding made 
available in this Act for ``United States Secret Service--Operations and 
Support'' is available for travel of United States Secret Service 
employees on protective missions without regard to the limitations on 
such expenditures in this or any other Act if the Director of the United 
States Secret Service or a designee notifies the Committees on 
Appropriations of the Senate and the House of Representatives 10 or more 
days in advance, or as early as practicable, prior to such expenditures.

    Sec. 236.  Of the amounts made available by this Act under the 
heading ``United States Secret Service--Operations and Support'', 
$23,000,000, to remain available until expended, shall be distributed as 
a grant or cooperative agreement for existing National Computer 
Forensics Institute facilities currently used by the United States 
Secret Service to carry out activities under section 383 of title 6, 
United States Code, of which not to exceed 5 percent, or the applicable 
negotiated rate, shall be for the administrative costs of the Department 
of Homeland Security in carrying out this section.

                                TITLE III

            PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY

            Cybersecurity and Infrastructure Security Agency

                         operations and support

    For necessary expenses of the Cybersecurity and Infrastructure 
Security Agency for operations and support, $2,350,559,000, of which 
$36,293,000 shall remain available until September 30, 2024:

[[Page 136 STAT. 4740]]

 Provided, That not to exceed $5,500 shall be for official reception and 
representation expenses.

               procurement, construction, and improvements

    For necessary expenses of the Cybersecurity and Infrastructure 
Security Agency for procurement, construction, and improvements, 
$549,148,000, of which $522,048,000 shall remain available until 
September 30, 2025, and of which $27,100,000 shall remain available 
until September 30, 2027.

                        research and development

    For necessary expenses of the Cybersecurity and Infrastructure 
Security Agency for research and development, $7,431,000, to remain 
available until September 30, 2024.

                   Federal Emergency Management Agency

                         operations and support

    For necessary expenses of the Federal Emergency Management Agency 
for operations and support, $1,379,680,000:  Provided, That not to 
exceed $2,250 shall be for official reception and representation 
expenses.

               procurement, construction, and improvements

    For necessary expenses of the Federal Emergency Management Agency 
for procurement, construction, and improvements, $207,730,000, of which 
$130,425,000 shall remain available until September 30, 2025, and of 
which $77,305,000 shall remain available until September 30, 2027.

                           federal assistance

                      (including transfer of funds)

    For activities of the Federal Emergency Management Agency for 
Federal assistance through grants, contracts, cooperative agreements, 
and other activities, $3,882,014,000, which shall be allocated as 
follows:
            (1) $520,000,000 for the State Homeland Security Grant 
        Program under section 2004 of the Homeland Security Act of 2002 
        (6 U.S.C. 605), of which $90,000,000 shall be for Operation 
        Stonegarden and $15,000,000 shall be for Tribal Homeland 
        Security Grants under section 2005 of the Homeland Security Act 
        of 2002 (6 U.S.C. 606): Provided, <<NOTE: Puerto Rico.>>  That 
        notwithstanding subsection (c)(4) of such section 2004, for 
        fiscal year 2023, the Commonwealth of Puerto Rico shall make 
        available to local and tribal governments amounts provided to 
        the Commonwealth of Puerto Rico under this paragraph in 
        accordance with subsection (c)(1) of such section 2004.
            (2) $615,000,000 for the Urban Area Security Initiative 
        under section 2003 of the Homeland Security Act of 2002 (6 
        U.S.C. 604).
            (3) $305,000,000 for the Nonprofit Security Grant Program 
        under sections 2003 and 2004 of the Homeland Security Act

[[Page 136 STAT. 4741]]

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

[[Page 136 STAT. 4742]]

                Stafford Disaster Relief and Emergency Assistance Act 
                (42 U.S.C. 5196c);
                    (B) $233,043,782, in addition to amounts otherwise 
                made available for such purpose, is for pre-disaster 
                mitigation grants under section 203 of the Robert T. 
                Stafford Disaster Relief and Emergency Assistance Act 
                (42 U.S.C. 5133(e), notwithstanding subsections (f), 
                (g), and (l) of that section (42 U.S.C. 5133(f), (g), 
                (l)); and
                    (C) $15,960,933 is for management and administration 
                costs of recipients.
            (13) $316,119,000 to sustain current operations for 
        training, exercises, technical assistance, and other programs.

                          disaster relief fund

    For necessary expenses in carrying out the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.), 
$19,945,000,000, to remain available until expended, shall be for major 
disasters declared pursuant to the Robert T. Stafford Disaster Relief 
and Emergency Assistance Act (42 U.S.C. 5121 et seq.) and is designated 
by the Congress as being for disaster relief pursuant to a concurrent 
resolution on the budget in the Senate and section 1(f) of H. Res. 1151 
(117th Congress), as engrossed in the House of Representatives on June 
8, 2022.

                      national flood insurance fund

    For activities under the National Flood Insurance Act of 1968 (42 
U.S.C. 4001 et seq.), the Flood Disaster Protection Act of 1973 (42 
U.S.C. 4001 et seq.), the Biggert-Waters Flood Insurance Reform Act of 
2012 (Public Law 112-141, 126 Stat. 916), and the Homeowner Flood 
Insurance Affordability Act of 2014 (Public Law 113-89; 128 Stat. 1020), 
$225,000,000, to remain available until September 30, 2024, which shall 
be derived from offsetting amounts collected under section 1308(d) of 
the National Flood Insurance Act of 1968 (42 U.S.C. 4015(d)); of which 
$18,500,000 shall be available for mission support associated with flood 
management; and of which $206,500,000 shall be available for flood plain 
management and flood mapping:  Provided, That any additional fees 
collected pursuant to section 1308(d) of the National Flood Insurance 
Act of 1968 (42 U.S.C. 4015(d)) shall be credited as offsetting 
collections to this account, to be available for flood plain management 
and flood mapping:  Provided further, That in fiscal year 2023, no funds 
shall be available from the National Flood Insurance Fund under section 
1310 of the National Flood Insurance Act of 1968 (42 U.S.C. 4017) in 
excess of--
            (1) $223,770,000 for operating expenses and salaries and 
        expenses associated with flood insurance operations;
            (2) $960,647,000 for commissions and taxes of agents;
            (3) such sums as are necessary for interest on Treasury 
        borrowings; and
            (4) $175,000,000, which shall remain available until 
        expended, for flood mitigation actions and for flood mitigation 
        assistance under section 1366 of the National Flood Insurance 
        Act of 1968 (42 U.S.C. 4104c), notwithstanding sections 1366(e) 
        and 1310(a)(7) of such Act (42 U.S.C. 4104c(e), 4017):

  Provided further, That the amounts collected under section 102 of the 
Flood Disaster Protection Act of 1973 (42 U.S.C. 4012a)

[[Page 136 STAT. 4743]]

and section 1366(e) of the National Flood Insurance Act of 1968 (42 
U.S.C. 4104c(e)), shall be deposited in the National Flood Insurance 
Fund to supplement other amounts specified as available for section 1366 
of the National Flood Insurance Act of 1968, notwithstanding section 
102(f)(8), section 1366(e) of the National Flood Insurance Act of 1968, 
and paragraphs (1) through (3) of section 1367(b) of such Act (42 U.S.C. 
4012a(f)(8), 4104c(e), 4104d(b)(1)-(3)):  Provided further, That total 
administrative costs shall not exceed 4 percent of the total 
appropriation:  Provided further, That up to $5,000,000 is available to 
carry out section 24 of the Homeowner Flood Insurance Affordability Act 
of 2014 (42 U.S.C. 4033).

Administrative <<NOTE: Grants.>>  Provisions

                      (including transfer of funds)

    Sec. 301.  Funds made available under the heading ``Cybersecurity 
and Infrastructure Security Agency--Operations and Support'' may be made 
available for the necessary expenses of procuring or providing access to 
cybersecurity threat feeds for branches, agencies, independent agencies, 
corporations, establishments, and instrumentalities of the Federal 
Government of the United States, state, local, tribal, and territorial 
entities, fusion centers as described in section 210A of the Homeland 
Security Act (6 U.S.C. 124h), and Information and Analysis 
Organizations.
    Sec. 302. (a) <<NOTE: Briefings. Time periods. Deadlines.>> The 
Director of the Cybersecurity and Infrastructure Security Agency (or the 
Director's designee) shall provide the briefings to the Committees on 
Appropriations of the Senate and the House of Representatives described 
under the heading ``Quarterly Budget and Staffing Briefings'' in the 
explanatory statement for division F of Public Law 117-103 described in 
section 4 in the matter preceding division A of such Public Law--
            (1) with respect to the first quarter of fiscal year 2023, 
        not later than the later of 30 days after the date of enactment 
        of this Act or January 30, 2023; and
            (2) with respect to each subsequent fiscal quarter in fiscal 
        year 2023, not later than 21 days after the end of each such 
        quarter.

    (b) <<NOTE: Reduction.>> In the event that any such briefing 
required during this fiscal year under subsection (a) is not provided, 
the amount made available in title III to the Cybersecurity and 
Infrastructure Security Agency under the heading ``Operations and 
Support'' shall be reduced by $50,000 for each day of noncompliance with 
subsection (a), and the amount made available under such heading and 
specified in the detailed funding table in the explanatory statement for 
this division described in section 4 (in the matter preceding division A 
of this consolidated Act) for Management and Business Activities shall 
be correspondingly reduced by an equivalent amount.

    Sec. 303. (a) Notwithstanding section 2008(a)(12) of the Homeland 
Security Act of 2002 (6 U.S.C. 609(a)(12)) or any other provision of 
law, not more than 5 percent of the amount of a grant made available in 
paragraphs (1) through (5) under ``Federal Emergency Management Agency--
Federal Assistance'', may be used by the recipient for expenses directly 
related to administration of the grant.

[[Page 136 STAT. 4744]]

    (b) <<NOTE: Applicability.>>  The authority provided in subsection 
(a) shall also apply to a state recipient for the administration of a 
grant under such paragraph (3).

    Sec. 304.  Notwithstanding section 2004(e)(1) of the Homeland 
Security Act of 2002 (6 U.S.C. 605(e)(1)), the meaning of ``total funds 
appropriated for grants under this section and section 2003'' in each 
place that it appears shall not include any funds provided for the 
Nonprofit Security Grant Program in paragraph (3) under the heading 
``Federal Emergency Management Agency--Federal Assistance'' in this Act.
    Sec. 305. <<NOTE: Deadlines.>>  Applications for grants under the 
heading ``Federal Emergency Management Agency--Federal Assistance'', for 
paragraphs (1) through (5), shall be made available to eligible 
applicants not later than 60 days after the date of enactment of this 
Act, eligible applicants shall submit applications not later than 80 
days after the grant announcement, and the Administrator of the Federal 
Emergency Management Agency shall act within 65 days after the receipt 
of an application.

    Sec. 306. (a) <<NOTE: Briefing. Time periods. Public information.>>  
Under the heading ``Federal Emergency Management Agency--Federal 
Assistance'', for grants under paragraphs (1) through (5) and (9), the 
Administrator of the Federal Emergency Management Agency shall brief the 
Committees on Appropriations of the Senate and the House of 
Representatives 5 full business days in advance of announcing publicly 
the intention of making an award.

    (b) <<NOTE: Rescission.>>  If any such public announcement is made 
before 5 full business days have elapsed following such briefing, 
$1,000,000 of amounts appropriated by this Act for ``Federal Emergency 
Management Agency--Operations and Support'' shall be rescinded.

    Sec. 307.  Under the heading ``Federal Emergency Management Agency--
Federal Assistance'', for grants under paragraphs (1) and (2), the 
installation of communications towers is not considered construction of 
a building or other physical facility.
    Sec. 308. <<NOTE: Applicability.>>  The reporting requirements in 
paragraphs (1) and (2) under the heading ``Federal Emergency Management 
Agency--Disaster Relief Fund'' in the Department of Homeland Security 
Appropriations Act, 2015 (Public Law 114-4), related to reporting on the 
Disaster Relief Fund, shall be applied in fiscal year 2023 with respect 
to budget year 2024 and current fiscal year 2023, respectively--
            (1) in paragraph (1) by substituting ``fiscal year 2024'' 
        for ``fiscal year 2016''; and
            (2) <<NOTE: Waiver authority.>>  in paragraph (2) by 
        inserting ``business'' after ``fifth''.

    Sec. 309.  In making grants under the heading ``Federal Emergency 
Management Agency--Federal Assistance'', for Staffing for Adequate Fire 
and Emergency Response grants, the Administrator of the Federal 
Emergency Management Agency may grant waivers from the requirements in 
subsections (a)(1)(A), (a)(1)(B), (a)(1)(E), (c)(1), (c)(2), and (c)(4) 
of section 34 of the Federal Fire Prevention and Control Act of 1974 (15 
U.S.C. 2229a).
    Sec. 310. (a) <<NOTE: Fees.>>  The aggregate charges assessed during 
fiscal year 2023, as authorized in title III of the Departments of 
Veterans Affairs and Housing and Urban Development, and Independent 
Agencies Appropriations Act, 1999 (42 U.S.C. 5196e), shall not be less 
than 100 percent of the amounts anticipated by the Department of 
Homeland Security to be necessary for its Radiological Emergency 
Preparedness Program for the next fiscal year.

[[Page 136 STAT. 4745]]

    (b) The methodology for assessment and collection of fees shall be 
fair and equitable and shall reflect costs of providing such services, 
including administrative costs of collecting such fees.
    (c) <<NOTE: Effective date.>>  Such fees shall be deposited in a 
Radiological Emergency Preparedness Program account as offsetting 
collections and will become available for authorized purposes on October 
1, 2023, and remain available until expended.

    Sec. 311. <<NOTE: Waiver authority.>>  In making grants under the 
heading ``Federal Emergency Management Agency--Federal Assistance'', for 
Assistance to Firefighter Grants, the Administrator of the Federal 
Emergency Management Agency may waive subsection (k) of section 33 of 
the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2229).

                                TITLE IV

              RESEARCH, DEVELOPMENT, TRAINING, AND SERVICES

                U.S. Citizenship and Immigration Services

                         operations and support

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

                           federal assistance

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

                Federal Law Enforcement Training Centers

                         operations and support

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

               procurement, construction, and improvements

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

[[Page 136 STAT. 4746]]

construction and ongoing maintenance, facility improvements and related 
expenses of the Federal Law Enforcement Training Centers.

                   Science and Technology Directorate

                         operations and support

    For necessary expenses of the Science and Technology Directorate for 
operations and support, including the purchase or lease of not to exceed 
5 vehicles, $384,107,000, of which $219,897,000 shall remain available 
until September 30, 2024:  Provided, That not to exceed $10,000 shall be 
for official reception and representation expenses.

               procurement, construction, and improvements

    For necessary expenses of the Science and Technology Directorate for 
procurement, construction, and improvements, $55,216,000, to remain 
available until September 30, 2027.

                        research and development

    For necessary expenses of the Science and Technology Directorate for 
research and development, $461,218,000, to remain available until 
September 30, 2025.

              Countering Weapons of Mass Destruction Office

                         operations and support

    For necessary expenses of the Countering Weapons of Mass Destruction 
Office for operations and support, $151,970,000, of which $50,446,000 
shall remain available until September 30, 2024:  Provided, That not to 
exceed $2,250 shall be for official reception and representation 
expenses.

               procurement, construction, and improvements

    For necessary expenses of the Countering Weapons of Mass Destruction 
Office for procurement, construction, and improvements, $75,204,000, to 
remain available until September 30, 2025.

                        research and development

    For necessary expenses of the Countering Weapons of Mass Destruction 
Office for research and development, $64,615,000, to remain available 
until September 30, 2025.

                           federal assistance

    For necessary expenses of the Countering Weapons of Mass Destruction 
Office for Federal assistance through grants, contracts, cooperative 
agreements, and other activities, $139,183,000, to remain available 
until September 30, 2025.

[[Page 136 STAT. 4747]]

                        Administrative Provisions

    Sec. 401. (a) Notwithstanding any other provision of law, funds 
otherwise made available to U.S. Citizenship and Immigration Services 
may be used to acquire, operate, equip, and dispose of up to 5 vehicles, 
for replacement only, for areas where the Administrator of General 
Services does not provide vehicles for lease.
    (b) The Director of U.S. Citizenship and Immigration Services may 
authorize employees who are assigned to those areas to use such vehicles 
to travel between the employees' residences and places of employment.
    Sec. 402.  None of the funds appropriated by this Act may be used to 
process or approve a competition under Office of Management and Budget 
Circular A-76 for services provided by employees (including employees 
serving on a temporary or term basis) of U.S. Citizenship and 
Immigration Services of the Department of Homeland Security who are 
known as Immigration Information Officers, Immigration Service Analysts, 
Contact Representatives, Investigative Assistants, or Immigration 
Services Officers.
    Sec. 403. <<NOTE: Biometrics.>> Notwithstanding any other provision 
of law, any Federal funds made available to U.S. Citizenship and 
Immigration Services may be used for the collection and use of 
biometrics taken at a U.S. Citizenship and Immigration Services 
Application Support Center that is overseen virtually by U.S. 
Citizenship and Immigration Services personnel using appropriate 
technology.

    Sec. 404.  The Director of the Federal Law Enforcement Training 
Centers is authorized to distribute funds to Federal law enforcement 
agencies for expenses incurred participating in training accreditation.
    Sec. 405.  The Federal Law Enforcement Training Accreditation Board, 
including representatives from the Federal law enforcement community and 
non-Federal accreditation experts involved in law enforcement training, 
shall lead the Federal law enforcement training accreditation process to 
continue the implementation of measuring and assessing the quality and 
effectiveness of Federal law enforcement training programs, facilities, 
and instructors.
    Sec. 406. (a) The Director of the Federal Law Enforcement Training 
Centers may accept transfers to its ``Procurement, Construction, and 
Improvements'' account from Government agencies requesting the 
construction of special use facilities, as authorized by the Economy Act 
(31 U.S.C. 1535(b)).
    (b) The Federal Law Enforcement Training Centers shall maintain 
administrative control and ownership upon completion of such facilities.
    Sec. 407.  The functions of the Federal Law Enforcement Training 
Centers instructor staff shall be classified as inherently governmental 
for purposes of the Federal Activities Inventory Reform Act of 1998 (31 
U.S.C. 501 note).

                                 TITLE V

                           GENERAL PROVISIONS

             (including transfers and rescissions of funds)

    Sec. 501.  No part of any appropriation contained in this Act shall 
remain available for obligation beyond the current fiscal year unless 
expressly so provided herein.

[[Page 136 STAT. 4748]]

    Sec. 502.  Subject to the requirements of section 503 of this Act, 
the unexpended balances of prior appropriations provided for activities 
in this Act may be transferred to appropriation accounts for such 
activities established pursuant to this Act, may be merged with funds in 
the applicable established accounts, and thereafter may be accounted for 
as one fund for the same time period as originally enacted.
    Sec. 503. (a) <<NOTE: Notifications. Time periods.>>  None of the 
funds provided by this Act, provided by previous appropriations Acts to 
the components in or transferred to the Department of Homeland Security 
that remain available for obligation or expenditure in fiscal year 2023, 
or provided from any accounts in the Treasury of the United States 
derived by the collection of fees available to the components funded by 
this Act, shall be available for obligation or expenditure through a 
reprogramming of funds that--
            (1) creates or eliminates a program, project, or activity, 
        or increases funds for any program, project, or activity for 
        which funds have been denied or restricted by the Congress;
            (2) <<NOTE: Contracts.>>  contracts out any function or 
        activity presently performed by Federal employees or any new 
        function or activity proposed to be performed by Federal 
        employees in the President's budget proposal for fiscal year 
        2023 for the Department of Homeland Security;
            (3) augments funding for existing programs, projects, or 
        activities in excess of $5,000,000 or 10 percent, whichever is 
        less;
            (4) reduces funding for any program, project, or activity, 
        or numbers of personnel, by 10 percent or more; or
            (5) results from any general savings from a reduction in 
        personnel that would result in a change in funding levels for 
        programs, projects, or activities as approved by the Congress.

    (b) Subsection (a) shall not apply if the Committees on 
Appropriations of the Senate and the House of Representatives are 
notified at least 15 days in advance of such reprogramming.
    (c) Up to 5 percent of any appropriation made available for the 
current fiscal year for the Department of Homeland Security by this Act 
or provided by previous appropriations Acts may be transferred between 
such appropriations if the Committees on Appropriations of the Senate 
and the House of Representatives are notified at least 30 days in 
advance of such transfer, but no such appropriation, except as otherwise 
specifically provided, shall be increased by more than 10 percent by 
such transfer.
    (d) <<NOTE: Termination date.>>  Notwithstanding subsections (a), 
(b), and (c), no funds shall be reprogrammed within or transferred 
between appropriations based upon an initial notification provided after 
June 30, except in extraordinary circumstances that imminently threaten 
the safety of human life or the protection of property.

    (e) <<NOTE: Applicability.>>  The notification thresholds and 
procedures set forth in subsections (a), (b), (c), and (d) shall apply 
to any use of deobligated balances of funds provided in previous 
Department of Homeland Security Appropriations Acts that remain 
available for obligation in the current year.

    (f) Notwithstanding subsection (c), the Secretary of Homeland 
Security may transfer to the fund established by 8 U.S.C. 1101 note, up 
to $20,000,000 from appropriations available to the Department of 
Homeland Security: Provided, That the Secretary shall

[[Page 136 STAT. 4749]]

notify the Committees on Appropriations of the Senate and the House of 
Representatives at least 5 days in advance of such transfer.
    Sec. 504. (a) <<NOTE: Applicability. 31 USC 501 note.>>  Section 504 
of the Department of Homeland Security Appropriations Act, 2017 
(division F of Public Law 115-31), related to the operations of a 
working capital fund, shall apply with respect to funds made available 
in this Act in the same manner as such section applied to funds made 
available in that Act.

    (b) Funds from such working capital fund may be obligated and 
expended in anticipation of reimbursements from components of the 
Department of Homeland Security.
    Sec. 505. (a) <<NOTE: Deadline.>>  Except as otherwise specifically 
provided by law, not to exceed 50 percent of unobligated balances 
remaining available at the end of fiscal year 2023, as recorded in the 
financial records at the time of a reprogramming notification, but not 
later than June 30, 2024, from appropriations for ``Operations and 
Support'' for fiscal year 2023 in this Act shall remain available 
through September 30, 2024, in the account and for the purposes for 
which the appropriations were provided.

    (b) <<NOTE: Notification.>>  Prior to the obligation of such funds, 
a notification shall be submitted to the Committees on Appropriations of 
the Senate and the House of Representatives in accordance with section 
503 of this Act.

    Sec. 506. (a) Funds made available by this Act for intelligence 
activities are deemed to be specifically authorized by the Congress for 
purposes of section 504 of the National Security Act of 1947 (50 U.S.C. 
414) during fiscal year 2023 until the enactment of an Act authorizing 
intelligence activities for fiscal year 2023.
    (b) Amounts described in subsection (a) made available for 
``Intelligence, Analysis, and Situational Awareness--Operations and 
Support'' that exceed the amounts in such authorization for such account 
shall be transferred to and merged with amounts made available under the 
heading ``Management Directorate--Operations and Support''.
    (c) <<NOTE: Briefing. Plan.>>  Prior to the obligation of any funds 
transferred under subsection (b), the Management Directorate shall brief 
the Committees on Appropriations of the Senate and the House of 
Representatives on a plan for the use of such funds.

    Sec. 507. 
(a) <<NOTE: Notifications. Deadlines. Grants. Contracts. Public 
information.>>  The Secretary of Homeland Security, or the designee of 
the Secretary, shall notify the Committees on Appropriations of the 
Senate and the House of Representatives at least 3 full business days in 
advance of--
            (1) making or awarding a grant allocation or grant in excess 
        of $1,000,000;
            (2) making or awarding a contract, other transaction 
        agreement, or task or delivery order on a Department of Homeland 
        Security multiple award contract, or to issue a letter of intent 
        totaling in excess of $4,000,000;
            (3) awarding a task or delivery order requiring an 
        obligation of funds in an amount greater than $10,000,000 from 
        multi-year Department of Homeland Security funds;
            (4) making a sole-source grant award; or
            (5) announcing publicly the intention to make or award items 
        under paragraph (1), (2), (3), or (4), including a contract 
        covered by the Federal Acquisition Regulation.

    (b) <<NOTE: Determination. Deadline.>>  If the Secretary of Homeland 
Security determines that compliance with this section would pose a 
substantial risk to human

[[Page 136 STAT. 4750]]

life, health, or safety, an award may be made without notification, and 
the Secretary shall notify the Committees on Appropriations of the 
Senate and the House of Representatives not later than 5 full business 
days after such an award is made or letter issued.

    (c) A notification under this section--
            (1) may not involve funds that are not available for 
        obligation; and
            (2) shall include the amount of the award; the fiscal year 
        for which the funds for the award were appropriated; the type of 
        contract; and the account from which the funds are being drawn.

    Sec. 508. <<NOTE: Contracts. Notification.>>  Notwithstanding any 
other provision of law, no agency shall purchase, construct, or lease 
any additional facilities, except within or contiguous to existing 
locations, to be used for the purpose of conducting Federal law 
enforcement training without advance notification to the Committees on 
Appropriations of the Senate and the House of Representatives, except 
that the Federal Law Enforcement Training Centers is authorized to 
obtain the temporary use of additional facilities by lease, contract, or 
other agreement for training that cannot be accommodated in existing 
Centers' facilities.

    Sec. 509.  None of the funds appropriated or otherwise made 
available by this Act may be used for expenses for any construction, 
repair, alteration, or acquisition project for which a prospectus 
otherwise required under chapter 33 of title 40, United States Code, has 
not been approved, except that necessary funds may be expended for each 
project for required expenses for the development of a proposed 
prospectus.
    Sec. 510.  No Federal funds may be available to pay the salary of 
any employee serving as a contracting officer's representative, or 
anyone acting in a similar capacity, who has not received contracting 
officer's representative training.
    Sec. 511. <<NOTE: Applicability.>>  Sections 522 and 530 of the 
Department of Homeland Security Appropriations Act, 2008 (division E of 
Public Law 110-161; 121 Stat. 2073 and 2074) shall apply with respect to 
funds made available in this Act in the same manner as such sections 
applied to funds made available in that Act.

    Sec. 512. (a) None of the funds made available in this Act may be 
used in contravention of the applicable provisions of the Buy American 
Act.
    (b) <<NOTE: Definition.>>  For purposes of subsection (a), the term 
``Buy American Act'' means chapter 83 of title 41, United States Code.

    Sec. 513.  None of the funds made available in this Act may be used 
to amend the oath of allegiance required by section 337 of the 
Immigration and Nationality Act (8 U.S.C. 1448).
    Sec. 514.  None of the funds provided or otherwise made available in 
this Act shall be available to carry out section 872 of the Homeland 
Security Act of 2002 (6 U.S.C. 452) unless explicitly authorized by the 
Congress.
    Sec. 515. <<NOTE: National identification card.>>  None of the funds 
made available in this Act may be used for planning, testing, piloting, 
or developing a national identification card.

    Sec. 516. <<NOTE: Delegation authority.>>  Any official that is 
required by this Act to report or to certify to the Committees on 
Appropriations of the Senate and the House of Representatives may not 
delegate such authority to perform that act unless specifically 
authorized herein.

[[Page 136 STAT. 4751]]

    Sec. 517.  None of the funds made available in this Act may be used 
for first-class travel by the employees of agencies funded by this Act 
in contravention of sections 301-10.122 through 301-10.124 of title 41, 
Code of Federal Regulations.
    Sec. 518.  None of the funds made available in this Act may be used 
to employ workers described in section 274A(h)(3) of the Immigration and 
Nationality Act (8 U.S.C. 1324a(h)(3)).
    Sec. 519. <<NOTE: Contracts.>>  Notwithstanding any other provision 
of this Act, none of the funds appropriated or otherwise made available 
by this Act may be used to pay award or incentive fees for contractor 
performance that has been judged to be below satisfactory performance or 
performance that does not meet the basic requirements of a contract.

    Sec. 520. (a) <<NOTE: Pornography.>>  None of the funds made 
available in this Act may be used to maintain or establish a computer 
network unless such network blocks the viewing, downloading, and 
exchanging of pornography.

    (b) Nothing in subsection (a) shall limit the use of funds necessary 
for any Federal, State, tribal, territorial, or local law enforcement 
agency or any other entity carrying out criminal investigations, 
prosecution, or adjudication activities.
    Sec. 521. <<NOTE: Contracts.>>  None of the funds appropriated or 
otherwise made available by this Act may be used by the Department of 
Homeland Security to enter into any Federal contract unless such 
contract is entered into in accordance with the requirements of subtitle 
I of title 41, United States Code, or chapter 137 of title 10, United 
States Code, and the Federal Acquisition Regulation, unless such 
contract is otherwise authorized by statute to be entered into without 
regard to the above referenced statutes.

    Sec. 522. <<NOTE: Firearms.>>  None of the funds made available in 
this Act may be used by a Federal law enforcement officer to facilitate 
the transfer of an operable firearm to an individual if the Federal law 
enforcement officer knows or suspects that the individual is an agent of 
a drug cartel unless law enforcement personnel of the United States 
continuously monitor or control the firearm at all times.

    Sec. 523. (a) <<NOTE: Conference 
attendees. Determination. Notifications. Deadline.>>  None of the funds 
made available in this Act may be used to pay for the travel to or 
attendance of more than 50 employees of a single component of the 
Department of Homeland Security, who are stationed in the United States, 
at a single international conference unless the Secretary of Homeland 
Security, or a designee, determines that such attendance is in the 
national interest and notifies the Committees on Appropriations of the 
Senate and the House of Representatives within at least 10 days of that 
determination and the basis for that determination.

    (b) <<NOTE: Definition.>>  For purposes of this section the term 
``international conference'' shall mean a conference occurring outside 
of the United States attended by representatives of the United States 
Government and of foreign governments, international organizations, or 
nongovernmental organizations.

    (c) The total cost to the Department of Homeland Security of any 
such conference shall not exceed $500,000.
    (d) Employees who attend a conference virtually without travel away 
from their permanent duty station within the United States shall not be 
counted for purposes of this section, and the prohibition contained in 
this section shall not apply to payments for the costs of attendance for 
such employees.

[[Page 136 STAT. 4752]]

    Sec. 524.  None of the funds made available in this Act may be used 
to reimburse any Federal department or agency for its participation in a 
National Special Security Event.
    Sec. 525. (a) <<NOTE: Pay reform. Employment positions. Time 
periods. Notification.>>  None of the funds made available to the 
Department of Homeland Security by this or any other Act may be 
obligated for the implementation of any structural pay reform or the 
introduction of any new position classification that will affect more 
than 100 full-time positions or costs more than $5,000,000 in a single 
year before the end of the 30-day period beginning on the date on which 
the Secretary of Homeland Security submits to Congress a notification 
that includes--
            (1) the number of full-time positions affected by such 
        change;
            (2) funding required for such change for the current fiscal 
        year and through the Future Years Homeland Security Program;
            (3) justification for such change; and
            (4) <<NOTE: Analysis.>>  for a structural pay reform, an 
        analysis of compensation alternatives to such change that were 
        considered by the Department.

    (b) Subsection (a) shall not apply to such change if--
            (1) it was proposed in the President's budget proposal for 
        the fiscal year funded by this Act; and
            (2) funds for such change have not been explicitly denied or 
        restricted in this Act.

    Sec. 526. (a) <<NOTE: Web posting. Public 
information. Reports. Determination.>>  Any agency receiving funds made 
available in this Act shall, subject to subsections (b) and (c), post on 
the public website of that agency any report required to be submitted by 
the Committees on Appropriations of the Senate and the House of 
Representatives in this Act, upon the determination by the head of the 
agency that it shall serve the national interest.

    (b) Subsection (a) shall not apply to a report if--
            (1) the public posting of the report compromises homeland or 
        national security; or
            (2) the report contains proprietary information.

    (c) <<NOTE: Time period.>>  The head of the agency posting such 
report shall do so only after such report has been made available to the 
Committees on Appropriations of the Senate and the House of 
Representatives for not less than 45 days except as otherwise specified 
in law.

    Sec. 527. (a) Funding provided in this Act for ``Operations and 
Support'' may be used for minor procurement, construction, and 
improvements.
    (b) For purposes of subsection (a), ``minor'' refers to end items 
with a unit cost of $250,000 or less for personal property, and 
$2,000,000 or less for real property.
    Sec. 528. <<NOTE: Continuation.>>  The authority provided by section 
532 of the Department of Homeland Security Appropriations Act, 2018 
(Public Law 115-141) regarding primary and secondary schooling of 
dependents shall continue in effect during fiscal year 2023.

    Sec. 529. <<NOTE: Aliens. Congress.>>  (a) None of the funds 
appropriated or otherwise made available to the Department of Homeland 
Security by this Act may be used to prevent any of the following persons 
from entering, for the purpose of conducting oversight, any facility 
operated by or for the Department of Homeland Security used to detain or 
otherwise house aliens, or to make any temporary modification at any 
such facility that in any way alters what is observed by

[[Page 136 STAT. 4753]]

a visiting Member of Congress or such designated employee, compared to 
what would be observed in the absence of such modification:
            (1) A Member of Congress.
            (2) An employee of the United States House of 
        Representatives or the United States Senate designated by such a 
        Member for the purposes of this section.

    (b) Nothing in this section may be construed to require a Member of 
Congress to provide prior notice of the intent to enter a facility 
described in subsection (a) for the purpose of conducting oversight.
    (c) <<NOTE: Time period.>>  With respect to individuals described in 
subsection (a)(2), the Department of Homeland Security may require that 
a request be made at least 24 hours in advance of an intent to enter a 
facility described in subsection (a).

    Sec. 530. (a) For an additional amount for ``Federal Emergency 
Management Agency--Federal Assistance'', $3,000,000, to remain available 
until September 30, 2024, exclusively for providing reimbursement of 
extraordinary law enforcement or other emergency personnel costs for 
protection activities directly and demonstrably associated with any 
residence of the President that is designated or identified to be 
secured by the United States Secret Service.
    (b) <<NOTE: Applicability.>>  Subsections (b) through (f) of section 
534 of the Department of Homeland Security Appropriations Act, 2018 
(Public Law 115-141), shall be applied with respect to amounts made 
available by subsection (a) of this section by substituting ``October 1, 
2023'' for ``October 1, 2018'' and ``October 1, 2022'' for ``October 1, 
2017''.

    Sec. 531. <<NOTE: Pregnant women. Determinations.>>  (a) Except as 
provided in subsection (b), none of the funds made available in this Act 
may be used to place restraints on a woman in the custody of the 
Department of Homeland Security (including during transport, in a 
detention facility, or at an outside medical facility) who is pregnant 
or in post-delivery recuperation.

    (b) Subsection (a) shall not apply with respect to a pregnant woman 
if--
            (1) an appropriate official of the Department of Homeland 
        Security makes an individualized determination that the woman--
                    (A) is a serious flight risk, and such risk cannot 
                be prevented by other means; or
                    (B) poses an immediate and serious threat to harm 
                herself or others that cannot be prevented by other 
                means; or
            (2) a medical professional responsible for the care of the 
        pregnant woman determines that the use of therapeutic restraints 
        is appropriate for the medical safety of the woman.

    (c) If a pregnant woman is restrained pursuant to subsection (b), 
only the safest and least restrictive restraints, as determined by the 
appropriate medical professional treating the woman, may be used. In no 
case may restraints be used on a woman who is in active labor or 
delivery, and in no case may a pregnant woman be restrained in a face-
down position with four-point restraints, on her back, or in a restraint 
belt that constricts the area of the pregnancy. A pregnant woman who is 
immobilized by restraints shall be positioned, to the maximum extent 
feasible, on her left side.

[[Page 136 STAT. 4754]]

    Sec. 532. <<NOTE: Records.>>  (a) None of the funds made available 
by this Act may be used to destroy any document, recording, or other 
record pertaining to any--
            (1) death of,
            (2) potential sexual assault or abuse perpetrated against, 
        or
            (3) allegation of abuse, criminal activity, or disruption 
        committed by

an individual held in the custody of the Department of Homeland 
Security.
    (b) The records referred to in subsection (a) shall be made 
available, in accordance with applicable laws and regulations, and 
Federal rules governing disclosure in litigation, to an individual who 
has been charged with a crime, been placed into segregation, or 
otherwise punished as a result of an allegation described in paragraph 
(3), upon the request of such individual.
    Sec. 533. <<NOTE: Applicability.>>  Section 519 of division F of 
Public Law 114-113, regarding a prohibition on funding for any position 
designated as a Principal Federal Official, shall apply with respect to 
any Federal funds in the same manner as such section applied to funds 
made available in that Act.

    Sec. 534. (a) <<NOTE: Reports.>>  Not later than 10 days after the 
date on which the budget of the President for a fiscal year is submitted 
to Congress pursuant to section 1105(a) of title 31, United States Code, 
the Under Secretary for Management of Homeland Security shall submit to 
the Committees on Appropriations of the Senate and the House of 
Representatives a report on the unfunded priorities, for the Department 
of Homeland Security and separately for each departmental component, for 
which discretionary funding would be classified as budget function 050.

    (b) Each report under this section shall specify, for each such 
unfunded priority--
            (1) <<NOTE: Summary.>>  a summary description, including the 
        objectives to be achieved if such priority is funded (whether in 
        whole or in part);
            (2) the description, including the objectives to be achieved 
        if such priority is funded (whether in whole or in part);
            (3) account information, including the following (as 
        applicable):
                    (A) appropriation account; and
                    (B) program, project, or activity name; and
            (4) the additional number of full-time or part-time 
        positions to be funded as part of such priority.

    (c) <<NOTE: Definition.>>  In this section, the term ``unfunded 
priority'', in the case of a fiscal year, means a requirement that--
            (1) is not funded in the budget referred to in subsection 
        (a);
            (2) is necessary to fulfill a requirement associated with an 
        operational or contingency plan for the Department; and
            (3) would have been recommended for funding through the 
        budget referred to in subsection (a) if--
                    (A) additional resources had been available for the 
                budget to fund the requirement;
                    (B) the requirement has emerged since the budget was 
                formulated; or
                    (C) the requirement is necessary to sustain prior-
                year investments.

[[Page 136 STAT. 4755]]

    Sec. 
535. <<NOTE: Deadlines. Determination. President. Evaluation. Notificatio
ns. Threat assessments.>>  (a) Not later than 10 days after a 
determination is made by the President to evaluate and initiate 
protection under any authority for a former or retired Government 
official or employee, or for an individual who, during the duration of 
the directed protection, will become a former or retired Government 
official or employee (referred to in this section as a ``covered 
individual''), the Secretary of Homeland Security shall submit a 
notification to congressional leadership and the Committees on 
Appropriations of the Senate and the House of Representatives, the 
Committees on the Judiciary of the Senate and the House of 
Representatives, the Committee on Homeland Security and Governmental 
Affairs of the Senate, the Committee on Homeland Security of the House 
of Representatives, and the Committee on Oversight and Reform of the 
House of Representatives (referred to in this section as the 
``appropriate congressional committees'').

    (b) Such notification may be submitted in classified form, if 
necessary, and in consultation with the Director of National 
Intelligence or the Director of the Federal Bureau of Investigation, as 
appropriate, and shall include the threat assessment, scope of the 
protection, and the anticipated cost and duration of such protection.
    (c) Not later than 15 days before extending, or 30 days before 
terminating, protection for a covered individual, the Secretary of 
Homeland Security shall submit a notification regarding the extension or 
termination and any change to the threat assessment to the congressional 
leadership and the appropriate congressional committees.
    (d) <<NOTE: Reports.>>  Not later than 45 days after the date of 
enactment of this Act, and quarterly thereafter, the Secretary shall 
submit a report to the congressional leadership and the appropriate 
congressional committees, which may be submitted in classified form, if 
necessary, detailing each covered individual, and the scope and 
associated cost of protection.

    Sec. 536. <<NOTE: Project proposal.>>  (a) None of the funds 
provided to the Department of Homeland Security in this or any prior Act 
may be used by an agency to submit an initial project proposal to the 
Technology Modernization Fund (as authorized by section 1078 of subtitle 
G of title X of the National Defense Authorization Act for Fiscal Year 
2018 (Public Law 115-91)) unless, concurrent with the submission of an 
initial project proposal to the Technology Modernization Board, the head 
of the agency--
            (1) <<NOTE: Notifications.>>  notifies the Committees on 
        Appropriations of the Senate and the House of Representatives of 
        the proposed submission of the project proposal;
            (2) <<NOTE: Records.>>  submits to the Committees on 
        Appropriations a copy of the project proposal; and
            (3) <<NOTE: Analysis.>>  provides a detailed analysis of how 
        the proposed project funding would supplement or supplant 
        funding requested as part of the Department's most recent budget 
        submission.

    (b) <<NOTE: Time period. Reports.>>  None of the funds provided to 
the Department of Homeland Security by the Technology Modernization Fund 
shall be available for obligation until 15 days after a report on such 
funds has been transmitted to the Committees on Appropriations of the 
Senate and the House of Representatives.

    (c) The report described in subsection (b) shall include--
            (1) the full project proposal submitted to and approved by 
        the Fund's Technology Modernization Board;

[[Page 136 STAT. 4756]]

            (2) <<NOTE: Contracts.>>  the finalized interagency 
        agreement between the Department and the Fund including the 
        project's deliverables and repayment terms, as applicable;
            (3) <<NOTE: Analysis.>>  a detailed analysis of how the 
        project will supplement or supplant existing funding available 
        to the Department for similar activities;
            (4) <<NOTE: Repayment plan.>>  a plan for how the Department 
        will repay the Fund, including specific planned funding sources, 
        as applicable; and
            (5) other information as determined by the Secretary.

    Sec. 537. <<NOTE: Deadline. Budget.>> Within 60 days of any budget 
submission for the Department of Homeland Security for fiscal year 2024 
that assumes revenues or proposes a reduction from the previous year 
based on user fees proposals that have not been enacted into law prior 
to the submission of the budget, the Secretary of Homeland Security 
shall provide the Committees on Appropriations of the Senate and the 
House of Representatives specific reductions in proposed discretionary 
budget authority commensurate with the revenues assumed in such 
proposals in the event that they are not enacted prior to October 1, 
2023.

    Sec. 538. <<NOTE: Treaty resolution.>>   None of the funds made 
available by this Act may be obligated or expended to implement the Arms 
Trade Treaty until the Senate approves a resolution of ratification for 
the Treaty.

    Sec. 539. <<NOTE: Contracts. Memorandums. Grants. Loans.>> No 
Federal funds made available to the Department of Homeland Security may 
be used to enter into a procurement contract, memorandum of 
understanding, or cooperative agreement with, or make a grant to, or 
provide a loan or guarantee to, any entity identified under section 
1260H of the William M. (Mac) Thornberry National Defense Authorization 
Act for Fiscal Year 2021 (Public Law 116-283) or any subsidiary of such 
entity.

    Sec. 540.  Section 205 of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5135) is amended--
            (1) in subsection (d)--
                    (A) in paragraph (2)--
                          (i) by striking subparagraph (C);
                          (ii) at the end of subparagraph (A), by adding 
                      ``and''; and
                          (iii) at the end of subparagraph (B), by 
                      striking ``; and'' and inserting a period;
                    (B) in paragraph (3)(D), by striking ``local 
                governments, insular areas, and Indian tribal 
                governments'' and inserting ``local governments and 
                Tribal governments''; and
                    (C) by striking paragraph (4); and
            (2) in subsection (m)--
                    (A) by striking paragraph (3) and inserting the 
                following:
            ``(3) <<NOTE: Definition.>>  Eligible entity.--The term 
        `eligible entity' means a State or an Indian tribal government 
        that has received a major disaster declaration pursuant to 
        section 401.'';
                    (B) by striking paragraphs (5) and (10);
                    (C) by redesignating paragraphs (6) through (9) as 
                paragraphs (5) through (8), respectively; and
                    (D) by redesignating paragraph (11) as paragraph 
                (9).

    Sec. 541.  For an additional amount for ``Federal Emergency 
Management Agency--Federal Assistance'', $3,000,000, to remain available 
until September 30, 2024, for an Emergency Operations Center grant under 
section 614 of the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5196c), in addition

[[Page 136 STAT. 4757]]

to amounts otherwise available, for the project identified as the 
``Vermilion Safe Room'' in the table entitled ``Homeland Incorporation 
of Community Project Funding Items/Congressionally Directed Spending 
Items'' under the heading ``Federal Emergency Management Agency--Federal 
Assistance'' in the explanatory statement described in section 4 in the 
matter preceding division A of Public Law 117-103.
    Sec. 542.  The contents in the ``Senate'' sub column of the 
``Requestor(s)'' column for the project identified as the ``Emergency 
Operations Center'' for the recipient ``Baker County Sheriff's Office'' 
in the table entitled ``Community Project Funding/Congressionally 
Directed Spending'' under the heading ``Disclosure of Earmarks and 
Congressionally Directed Spending Items'' in the explanatory statement 
described in section 4 in the matter preceding division A of Public Law 
117-103 are deemed to be amended by striking ``Wyden'' and inserting 
``Merkley, Wyden''.
    Sec. 543. <<NOTE: Applicability. 6 USC 320 note.>> Subsection (c) of 
section 16005 of title VI of division B of the Coronavirus Aid, Relief, 
and Economic Security Act (Public Law 116-136) shall be applied as if 
the language read as follows: ``Subsection (a) shall apply until 
September 30, 2023.''.

    Sec. 544. <<NOTE: Khalid Sheikh Mohammed. Detainees.>>  None of the 
funds appropriated or otherwise made available in this or any other Act 
may be used to transfer, release, or assist in the transfer or release 
to or within the United States, its territories, or possessions Khalid 
Sheikh Mohammed or any other detainee who--
            (1) is not a United States citizen or a member of the Armed 
        Forces of the United States; and
            (2) <<NOTE: Cuba.>>  is or was held on or after June 24, 
        2009, at the United States Naval Station, Guantanamo Bay, Cuba, 
        by the Department of Defense.

    Sec. 545. <<NOTE: Time period. Effective date. Estimates.>>  (a) The 
Secretary of Homeland Security (in this section referred to as the 
``Secretary'') shall, on a bimonthly basis beginning immediately after 
the date of enactment of this Act, develop estimates of the number of 
noncitizens anticipated to arrive at the southwest border of the United 
States.

    (b) The Secretary shall ensure that, at a minimum, the estimates 
developed pursuant to subsection (a)--
            (1) cover the current fiscal year and the following fiscal 
        year;
            (2) include a breakout by demographics, to include single 
        adults, family units, and unaccompanied children;
            (3) <<NOTE: Verification. Review.>>  undergo an independent 
        validation and verification review;
            (4) are used to inform policy planning and budgeting 
        processes within the Department of Homeland Security; and
            (5) are included in the budget materials submitted to 
        Congress in support of the President's annual budget request 
        pursuant to section 1105 of title 31, United States Code, for 
        each fiscal year beginning after the date of enactment of this 
        Act and, for such budget materials shall include--
                    (A) the most recent bimonthly estimates developed 
                pursuant to subsection (a);
                    (B) a description and quantification of the 
                estimates used to justify funding requests for 
                Department programs related to border security, 
                immigration enforcement, and immigration services;

[[Page 136 STAT. 4758]]

                    (C) a description and quantification of the 
                anticipated workload and requirements resulting from 
                such estimates; and
                    (D) a confirmation as to whether the budget requests 
                for impacted agencies were developed using the same 
                estimates.

    (c) The Secretary shall share the bimonthly estimates developed 
pursuant to subsection (a) with the Secretary of Health and Human 
Services, the Attorney General, the Secretary of State, and the 
Committees on Appropriations of the Senate and the House of 
Representatives.
    Sec. 546. (a) For an additional amount for the accounts, in the 
amounts, and for the purposes specified, in addition to amounts 
otherwise made available for such purposes--
            (1) ``U.S. Customs and Border Protection--Operations and 
        Support'', $1,563,143,000 for border management requirements of 
        the U.S. Customs and Border Protection; and
            (2) ``U.S. Immigration and Customs Enforcement--Operations 
        and Support'', $339,658,000 for non-detention border management 
        requirements.

    (b) None of the funds provided in subsection (a)(1) shall be used--
            (1) to hire permanent Federal employees;
            (2) for any flight hours other than those flown by U.S. 
        Customs and Border Protection, Air and Marine Operations, except 
        for internal transportation of noncitizens; or
            (3) to acquire, maintain, or extend border security 
        technology and capabilities, except for technology and 
        capabilities to improve Border Patrol processing.

    (c) <<NOTE: Deadline. Expenditure plan.>>  Not later than 45 days 
after the date of enactment of this Act, the Under Secretary for 
Management shall provide an expenditure plan for the use of the funds 
made available in subsection (a).

    (d) <<NOTE: Updates. Time period.>>  The plan required in subsection 
(c) shall be updated to reflect changes and expenditures and submitted 
to the Committees on Appropriations of the Senate and the House of 
Representatives every 60 days until all funds are expended or expired.

    Sec. 547. <<NOTE: Applicability. 6 USC 124n note.>> Section 210G(i) 
of the Homeland Security Act of 2002 (6 U.S.C. 124n(i)) shall be applied 
by substituting ``September 30, 2023'' for ``the date that is 4 years 
after the date of enactment of this section''.

                          (rescissions of funds)

    Sec. 548.  Of the funds appropriated to the Department of Homeland 
Security, the following funds are hereby rescinded from the following 
accounts and programs in the specified amounts:  Provided, That no 
amounts may be rescinded from amounts that were designated by the 
Congress as an emergency requirement pursuant to a concurrent resolution 
on the budget or the Balanced Budget and Emergency Deficit Control Act 
of 1985:
            (1) $139,928,000 from the unobligated balances available 
        under the heading ``U.S. Customs and Border Protection--
        Procurement, Construction, and Improvements''.
            (2) $12,207 from the unobligated balances available in the 
        ``Transportation Security Administration--Transportation 
        Security Support'' account (70 X 0554).

[[Page 136 STAT. 4759]]

            (3) $32,750,000 from the unobligated balances available in 
        the ``U.S. Citizenship and Immigration Services--Operations and 
        Support'' account (70 22/23 0300).
            (4) $187,278 from the unobligated balances available in the 
        ``U.S. Citizenship and Immigration Services--Operations and 
        Support'' account (70 X 0300).
            (5) $65,165 from the unobligated balances available in the 
        ``Federal Emergency Management Agency--State and Local 
        Programs'' account (70 X 0560).
            (6) $50,880 from the unobligated balances available in the 
        ``Information Analysis and Infrastructure Protection--Operating 
        Expenses'' account (70 X 0900).
            (7) $113,000,000 from the unobligated balances available 
        under the heading ``Management Directorate--Procurement, 
        Construction, and Improvements''.
            (8) $42,730,000 from Public Law 116-93 under the heading 
        ``Coast Guard--Procurement, Construction, and Improvements''.
            (9) $19,000,000 from Public Law 116-6 under the heading 
        ``Coast Guard--Procurement, Construction, and Improvements''.

    Sec. 549.  The following unobligated balances made available to the 
Department of Homeland Security pursuant to section 505 of the 
Department of Homeland Security Appropriations Act, 2022 (Public Law 
117-103) are rescinded:
            (1) $23,858,130 from ``Office of the Secretary and Executive 
        Management--Operations and Support''.
            (2) $604,580 from ``Management Directorate--Operations and 
        Support''.
            (3) $636,170 from ``Intelligence, Analysis, and Operations 
        Coordination--Operations and Support''.
            (4) $338,830 from ``U.S. Customs and Border Protection--
        Operations and Support''.
            (5) $8,972,900 from ``U.S. Immigration and Customs 
        Enforcement--Operations and Support''.
            (6) $6,332,670 from ``United States Secret Service--
        Operations and Support''.
            (7) $1,250,420 from ``Cybersecurity and Infrastructure 
        Security Agency--Operations and Support''.
            (8) $10,899 from ``Federal Emergency Management Agency--
        Operations and Support''.
            (9) $3,208,190 from ``U.S. Citizenship and Immigration 
        Services--Operations and Support''.
            (10) $459,790 from ``Federal Law Enforcement Training 
        Centers--Operations and Support''.
            (11) $141,630 from ``Science and Technology Directorate--
        Operations and Support''.
            (12) $350,450 from ``Countering Weapons of Mass Destruction 
        Office--Operations and Support''.

    This division may be cited as the ``Department of Homeland Security 
Appropriations Act, 2023''.

[[Page 136 STAT. 4760]]

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

                                 TITLE I

                       DEPARTMENT OF THE INTERIOR

                        Bureau of Land Management

                    management of lands and resources

    For necessary expenses for protection, use, improvement, 
development, disposal, cadastral surveying, classification, acquisition 
of easements and other interests in lands, and performance of other 
functions, including maintenance of facilities, as authorized by law, in 
the management of lands and their resources under the jurisdiction of 
the Bureau of Land Management, including the general administration of 
the Bureau, and assessment of mineral potential of public lands pursuant 
to section 1010(a) of Public Law 96-487 (16 U.S.C. 3150(a)), 
$1,368,969,000, to remain available until September 30, 2024; of which 
$76,187,000 for annual maintenance and deferred maintenance programs and 
$147,888,000 for the wild horse and burro program, as authorized by 
Public Law 92-195 (16 U.S.C. 1331 et seq.), shall remain available until 
expended:  Provided, <<NOTE: Drilling permits.>> That amounts in the fee 
account of the BLM Permit Processing Improvement Fund may be used for 
any bureau-related expenses associated with the processing of oil and 
gas applications for permits to drill and related use of authorizations: 
 Provided further, That of the amounts made available under this 
heading, up to $3,500,000 may be made available for the purposes 
described in section 122(e)(1)(A) of division G of Public Law 115-21 (43 
U.S.C. 1748c(e)(1)(A)):  Provided further, That of the amounts made 
available under this heading, $3,500,000 is for projects specified for 
Land Management Priorities in the table titled ``Interior and 
Environment Incorporation of Community Project Funding Items/
Congressionally Directed Spending Items'' included for this division in 
the explanatory statement described in section 4 (in the matter 
preceding division A of this consolidated Act).

    In addition, <<NOTE: Reduction.>>  $39,696,000 is for Mining Law 
Administration program operations, including the cost of administering 
the mining claim fee program, to remain available until expended, to be 
reduced by amounts collected by the Bureau and credited to this 
appropriation from mining claim maintenance fees and location fees that 
are hereby authorized for fiscal year 2023, so as to result in a final 
appropriation estimated at not more than $1,368,969,000, and $2,000,000, 
to remain available until expended, from communication site rental fees 
established by the Bureau for the cost of administering communication 
site activities.

                    oregon and california grant lands

    For expenses necessary for management, protection, and development 
of resources and for construction, operation, and maintenance of access 
roads, reforestation, and other improvements on the revested Oregon and 
California Railroad grant lands, on other Federal lands in the Oregon 
and California land-grant counties of Oregon, and on adjacent rights-of-
way; and acquisition of

[[Page 136 STAT. 4761]]

lands or interests therein, including existing connecting roads on or 
adjacent to such grant lands; $120,334,000, to remain available until 
expended:  Provided, <<NOTE: Transfer authority.>> That 25 percent of 
the aggregate of all receipts during the current fiscal year from the 
revested Oregon and California Railroad grant lands is hereby made a 
charge against the Oregon and California land-grant fund and shall be 
transferred to the General Fund in the Treasury in accordance with the 
second paragraph of subsection (b) of title II of the Act of August 28, 
1937 (43 U.S.C. 2605).

                           range improvements

    For rehabilitation, protection, and acquisition of lands and 
interests therein, and improvement of Federal rangelands pursuant to 
section 401 of the Federal Land Policy and Management Act of 1976 (43 
U.S.C. 1751), notwithstanding any other Act, sums equal to 50 percent of 
all moneys received during the prior fiscal year under sections 3 and 15 
of the Taylor Grazing Act (43 U.S.C. 315b, 315m) and the amount 
designated for range improvements from grazing fees and mineral leasing 
receipts from Bankhead-Jones lands transferred to the Department of the 
Interior pursuant to law, but not less than $10,000,000, to remain 
available until expended:  Provided, That not to exceed $600,000 shall 
be available for administrative expenses.

               service charges, deposits, and forfeitures

    For administrative expenses and other costs related to processing 
application documents and other authorizations for use and disposal of 
public lands and resources, for costs of providing copies of official 
public land documents, for monitoring construction, operation, and 
termination of facilities in conjunction with use authorizations, and 
for rehabilitation of damaged property, such amounts as may be collected 
under Public Law 94-579 (43 U.S.C. 1701 et seq.), and under section 28 
of the Mineral Leasing Act (30 U.S.C. 185), to remain available until 
expended:  Provided, <<NOTE: 43 USC 1735 note.>> That notwithstanding 
any provision to the contrary of section 305(a) of Public Law 94-579 (43 
U.S.C. 1735(a)), any moneys that have been or will be received pursuant 
to that section, whether as a result of forfeiture, compromise, or 
settlement, if not appropriate for refund pursuant to section 305(c) of 
that Act (43 U.S.C. 1735(c)), shall be available and may be expended 
under the authority of this Act by the Secretary of the Interior to 
improve, protect, or rehabilitate any public lands administered through 
the Bureau of Land Management which have been damaged by the action of a 
resource developer, purchaser, permittee, or any unauthorized person, 
without regard to whether all moneys collected from each such action are 
used on the exact lands damaged which led to the action:  Provided 
further, <<NOTE: 43 USC 1735 note.>> That any such moneys that are in 
excess of amounts needed to repair damage to the exact land for which 
funds were collected may be used to repair other damaged public lands.

                        miscellaneous trust funds

    In addition to amounts authorized to be expended under existing 
laws, there is hereby appropriated such amounts as may be contributed 
under section 307 of Public Law 94-579 (43 U.S.C.

[[Page 136 STAT. 4762]]

1737), and such amounts as may be advanced for administrative costs, 
surveys, appraisals, and costs of making conveyances of omitted lands 
under section 211(b) of that Act (43 U.S.C. 1721(b)), to remain 
available until expended.

                        administrative provisions

    The Bureau of Land Management may carry out the operations funded 
under this Act by direct expenditure, contracts, grants, cooperative 
agreements, and reimbursable agreements with public and private 
entities, including with States. Appropriations for the Bureau shall be 
available for purchase, erection, and dismantlement of temporary 
structures, and alteration and maintenance of necessary buildings and 
appurtenant facilities to which the United States has title; up to 
$100,000 for payments, at the discretion of the Secretary, for 
information or evidence concerning violations of laws administered by 
the Bureau; miscellaneous and emergency expenses of enforcement 
activities authorized or approved by the Secretary and to be accounted 
for solely on the Secretary's certificate, not to exceed $10,000:  
Provided, <<NOTE: Contracts. Determination.>> That notwithstanding 
Public Law 90-620 (44 U.S.C. 501), the Bureau may, under cooperative 
cost-sharing and partnership arrangements authorized by law, procure 
printing services from cooperators in connection with jointly produced 
publications for which the cooperators share the cost of printing either 
in cash or in services, and the Bureau determines the cooperator is 
capable of meeting accepted quality standards:  Provided 
further, <<NOTE: Reimbursements.>> That projects to be funded pursuant 
to a written commitment by a State government to provide an identified 
amount of money in support of the project may be carried out by the 
Bureau on a reimbursable basis.

                 United States Fish and Wildlife Service

                           resource management

                      (including transfer of funds)

    For necessary expenses of the United States Fish and Wildlife 
Service, as authorized by law, and for scientific and economic studies, 
general administration, and for the performance of other authorized 
functions related to such resources, $1,555,684,000, to remain available 
until September 30, 2024:  Provided, That not to exceed $23,398,000 
shall be used for implementing subsections (a), (b), (c), and (e) of 
section 4 of the Endangered Species Act of 1973 (16 U.S.C. 1533) (except 
for processing petitions, developing and issuing proposed and final 
regulations, and taking any other steps to implement actions described 
in subsection (c)(2)(A), (c)(2)(B)(i), or (c)(2)(B)(ii) of such 
section):  Provided further, That of the amount appropriated under this 
heading, $25,641,000, to remain available until September 30, 2025, 
shall be for projects specified for Stewardship Priorities in the table 
titled ``Interior and Environment Incorporation of Community Project 
Funding Items/Congressionally Directed Spending Items'' included for 
this division in the explanatory statement described in section 4 (in 
the matter preceding division A of this consolidated Act):  Provided 
further, That amounts in the preceding proviso may be transferred to the 
appropriate program, project, or activity under this heading

[[Page 136 STAT. 4763]]

and shall continue to only be available for the purposes and in such 
amounts as such funds were originally appropriated.

                              construction

    For construction, improvement, acquisition, or removal of buildings 
and other facilities required in the conservation, management, 
investigation, protection, and utilization of fish and wildlife 
resources, and the acquisition of lands and interests therein; 
$29,904,000, to remain available until expended.

            cooperative endangered species conservation fund

    For expenses necessary to carry out section 6 of the Endangered 
Species Act of 1973 (16 U.S.C. 1535), $24,564,000, to remain available 
until expended, to be derived from the Cooperative Endangered Species 
Conservation Fund.

                      national wildlife refuge fund

    For expenses necessary to implement the Act of October 17, 1978 (16 
U.S.C. 715s), $13,228,000.

                north american wetlands conservation fund

    For expenses necessary to carry out the provisions of the North 
American Wetlands Conservation Act (16 U.S.C. 4401 et seq.), 
$50,000,000, to remain available until expended.

                 neotropical migratory bird conservation

    For expenses necessary to carry out the Neotropical Migratory Bird 
Conservation Act (16 U.S.C. 6101 et seq.), $5,100,000, to remain 
available until expended.

                 multinational species conservation fund

    For expenses necessary to carry out the African Elephant 
Conservation Act (16 U.S.C. 4201 et seq.), the Asian Elephant 
Conservation Act of 1997 (16 U.S.C. 4261 et seq.), the Rhinoceros and 
Tiger Conservation Act of 1994 (16 U.S.C. 5301 et seq.), the Great Ape 
Conservation Act of 2000 (16 U.S.C. 6301 et seq.), and the Marine Turtle 
Conservation Act of 2004 (16 U.S.C. 6601 et seq.), $21,000,000, to 
remain available until expended.

                    state and tribal wildlife grants

    For wildlife conservation grants to States and to the District of 
Columbia, Puerto Rico, Guam, the United States Virgin Islands, the 
Northern Mariana Islands, American Samoa, and Indian tribes under the 
provisions of the Fish and Wildlife Act of 1956 and the Fish and 
Wildlife Coordination Act, for the development and implementation of 
programs for the benefit of wildlife and their habitat, including 
species that are not hunted or fished, $73,812,000, to remain available 
until expended:  Provided, That of the amount provided herein, 
$6,200,000 is for a competitive grant program for Indian tribes not 
subject to the remaining provisions of this appropriation:  Provided 
further, That $7,612,000 is for a competitive grant program to implement 
approved plans for

[[Page 136 STAT. 4764]]

States, territories, and other jurisdictions and at the discretion of 
affected States, the regional Associations of fish and wildlife 
agencies, not subject to the remaining provisions of this appropriation: 
 Provided further, <<NOTE: Apportionment. District of 
Columbia. Territories.>>  That the Secretary shall, after deducting 
$13,812,000 and administrative expenses, apportion the amount provided 
herein in the following manner: (1) to the District of Columbia and to 
the Commonwealth of Puerto Rico, each a sum equal to not more than one-
half of 1 percent thereof; and (2) to Guam, American Samoa, the United 
States Virgin Islands, and the Commonwealth of the Northern Mariana 
Islands, each a sum equal to not more than one-fourth of 1 percent 
thereof:  Provided further, That <<NOTE: Apportionment.>> the Secretary 
of the Interior shall apportion the remaining amount in the following 
manner: (1) one-third of which is based on the ratio to which the land 
area of such State bears to the total land area of all such States; and 
(2) two-thirds of which is based on the ratio to which the population of 
such State bears to the total population of all such States:  Provided 
further, That the <<NOTE: Adjustment.>> amounts apportioned under this 
paragraph shall be adjusted equitably so that no State shall be 
apportioned a sum which is less than 1 percent of the amount available 
for apportionment under this paragraph for any fiscal year or more than 
5 percent of such amount:  Provided further, That the Federal share of 
planning grants shall not exceed 75 percent of the total costs of such 
projects and the Federal share of implementation grants shall not exceed 
65 percent of the total costs of such projects:  Provided further, That 
the non-Federal share of such projects may not be derived from Federal 
grant programs:  Provided further, That any <<NOTE: >> amount 
apportioned in 2023 to any State, territory, or other jurisdiction that 
remains unobligated as of September 30, 2024, shall be reapportioned, 
together with funds appropriated in 2025, in the manner provided 
herein.Reap
portionment
 

                        administrative provisions

    The <<NOTE: Contracts. Grants.>> United States Fish and Wildlife 
Service may carry out the operations of Service programs by direct 
expenditure, contracts, grants, cooperative agreements and reimbursable 
agreements with public and private entities. Appropriations and funds 
available to the United States Fish and Wildlife Service shall be 
available for repair of damage to public roads within and adjacent to 
reservation areas caused by operations of the Service; options for the 
purchase of land at not to exceed one dollar for each option; facilities 
incident to such public recreational uses on conservation areas as are 
consistent with their primary purpose; and the maintenance and 
improvement of aquaria, buildings, and other facilities under the 
jurisdiction of the Service and to which the United States has title, 
and which are used pursuant to law in connection with management, and 
investigation of fish and wildlife resources:  
Provided, <<NOTE: Contracts. Determination.>> That notwithstanding 44 
U.S.C. 501, the Service may, under cooperative cost sharing and 
partnership arrangements authorized by law, procure printing services 
from cooperators in connection with jointly produced publications for 
which the cooperators share at least one-half the cost of printing 
either in cash or services and the Service determines the cooperator is 
capable of meeting accepted quality standards:  Provided further, 
That <<NOTE: Donations.>> the Service may

[[Page 136 STAT. 4765]]

accept donated aircraft as replacements for existing aircraft:  Provided 
further, <<NOTE: Fees.>>  That notwithstanding 31 U.S.C. 3302, all fees 
collected for non-toxic shot review and approval shall be deposited 
under the heading ``United States Fish and Wildlife Service--Resource 
Management'' and shall be available to the Secretary, without further 
appropriation, to be used for expenses of processing of such non-toxic 
shot type or coating applications and revising regulations as necessary, 
and shall remain available until expended:  Provided further, That the 
second proviso under the heading ``United States Fish and Wildlife 
Service--Resource Management'' in title I of division E of Public Law 
112-74 (16 U.S.C. 742l-1) is amended by striking ``2012'' and inserting 
``2023'' and striking ``$400,000'' and inserting ``$750,000''.

                          National Park Service

                  operation of the national park system

    For expenses necessary for the management, operation, and 
maintenance of areas and facilities administered by the National Park 
Service and for the general administration of the National Park Service, 
$2,923,424,000, of which $11,661,000 for planning and interagency 
coordination in support of Everglades restoration and $135,980,000 for 
maintenance, repair, or rehabilitation projects for constructed assets 
and $188,184,000 for cyclic maintenance projects for constructed assets 
and cultural resources and $10,000,000 for uses authorized by section 
101122 of title 54, United States Code shall remain available until 
September 30, 2024:  Provided, That funds appropriated under this 
heading in this Act are available for the purposes of section 5 of 
Public Law 95-348:  Provided further, That notwithstanding section 9 of 
the 400 Years of African-American History Commission Act (36 U.S.C. note 
prec. 101; Public Law 115-102), $3,300,000 of the funds provided under 
this heading shall be made available for the purposes specified by that 
Act:  Provided further, That sections (7)(b) and (8) of that 
Act <<NOTE: 36 USC note prec. 101.>> shall be amended by striking ``July 
1, 2023'' and inserting ``July 1, 2024''.

    In addition, for purposes described in section 2404 of Public Law 
116-9, an amount equal to the amount deposited in this fiscal year into 
the National Park Medical Services Fund established pursuant to such 
section of such Act, to remain available until expended, shall be 
derived from such Fund.

                  national recreation and preservation

    For expenses necessary to carry out recreation programs, natural 
programs, cultural programs, heritage partnership programs, 
environmental compliance and review, international park affairs, and 
grant administration, not otherwise provided for, $92,512,000, to remain 
available until September 30, 2024, of which $2,919,000 shall be for 
projects specified for Statutory and Contractual Aid in the table titled 
``Interior and Environment Incorporation of Community Project Funding 
Items/Congressionally Directed Spending Items'' included for this 
division in the explanatory statement described in section 4 (in the 
matter preceding division A of this consolidated Act).

[[Page 136 STAT. 4766]]

                       historic preservation fund

    For expenses necessary in carrying out the National Historic 
Preservation Act (division A of subtitle III of title 54, United States 
Code), $204,515,000, to be derived from the Historic Preservation Fund 
and to remain available until September 30, 2024, of which $26,500,000 
shall be for Save America's Treasures grants for preservation of 
nationally significant sites, structures and artifacts as authorized by 
section 7303 of the Omnibus Public Land Management Act of 2009 (54 
U.S.C. 3089):  Provided, <<NOTE: Grants.>> That an individual Save 
America's Treasures grant shall be matched by non-Federal funds:  
Provided further, That individual projects shall only be eligible for 
one grant:  Provided further, <<NOTE: Approval.>> That all projects to 
be funded shall be approved by the Secretary of the Interior in 
consultation with the House and Senate Committees on Appropriations:  
Provided further, <<NOTE: Determination.>> That of the funds provided 
for the Historic Preservation Fund, $1,250,000 is for competitive grants 
for the survey and nomination of properties to the National Register of 
Historic Places and as National Historic Landmarks associated with 
communities currently under-represented, as determined by the Secretary; 
$29,000,000 is for competitive grants to preserve the sites and stories 
of the Civil Rights movement; $11,000,000 is for grants to Historically 
Black Colleges and Universities; $12,500,000 is for competitive grants 
for the restoration of historic properties of national, State, and local 
significance listed on or eligible for inclusion on the National 
Register of Historic Places, to be made without imposing the usage or 
direct grant restrictions of section 101(e)(3) (54 U.S.C. 302904) of the 
National Historical Preservation Act; $10,000,000 is for a competitive 
grant program to honor the semiquincentennial anniversary of the United 
States by restoring and preserving sites and structures listed on the 
National Register of Historic Places that commemorate the founding of 
the nation; and $29,115,000 is for projects specified for the Historic 
Preservation Fund in the table titled ``Interior and Environment 
Incorporation of Community Project Funding Items/Congressionally 
Directed Spending Items'' included for this division in the explanatory 
statement described in section 4 (in the matter preceding division A of 
this consolidated Act):  Provided further, That such competitive grants 
shall be made without imposing the matching requirements in section 
302902(b)(3) of title 54, United States Code to States and Indian tribes 
as defined in chapter 3003 of such title, Native Hawaiian organizations, 
local governments, including Certified Local Governments, and non-profit 
organizations.

                              construction

    For construction, improvements, repair, or replacement of physical 
facilities, and related equipment, and compliance and planning for 
programs and areas administered by the National Park Service, 
$239,803,000, to remain available until expended:  
Provided, <<NOTE: Contracts.>> That notwithstanding any other provision 
of law, for any project initially funded in fiscal year 2023 with a 
future phase indicated in the National Park Service 5-Year Line Item 
Construction Plan, a single procurement may be issued which includes the 
full scope of the project:  Provided further, That the solicitation and 
contract shall contain the clause availability of funds found at 48 CFR 
52.232-18:  Provided further, That National Park Service Donations, Park

[[Page 136 STAT. 4767]]

Concessions Franchise Fees, and Recreation Fees may be made available 
for the cost of adjustments and changes within the original scope of 
effort for projects funded by the National Park Service Construction 
appropriation:  Provided further, <<NOTE: Consultation.>> That the 
Secretary of the Interior shall consult with the Committees on 
Appropriations, in accordance with current reprogramming thresholds, 
prior to making any charges authorized by this section.

                          centennial challenge

    For expenses necessary to carry out the provisions of section 101701 
of title 54, United States Code, relating to challenge cost share 
agreements, $15,000,000, to remain available until expended, for 
Centennial Challenge projects and programs:  Provided, That not less 
than 50 percent of the total cost of each project or program shall be 
derived from non-Federal sources in the form of donated cash, assets, or 
a pledge of donation guaranteed by an irrevocable letter of credit.

                        administrative provisions

                      (including transfer of funds)

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

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

                     United States Geological Survey

                  surveys, investigations, and research

                      (including transfer of funds)

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

[[Page 136 STAT. 4768]]

lands as to their mineral and water resources; give engineering 
supervision to power permittees and Federal Energy Regulatory Commission 
licensees; administer the minerals exploration program (30 U.S.C. 641); 
conduct inquiries into the economic conditions affecting mining and 
materials processing industries (30 U.S.C. 3, 21a, and 1603; 50 U.S.C. 
98g(a)(1)) and related purposes as authorized by law; and to publish and 
disseminate data relative to the foregoing activities; $1,497,178,000, 
to remain available until September 30, 2024; of which $92,184,000 shall 
remain available until expended for satellite operations; and of which 
$74,840,000 shall be available until expended for deferred maintenance 
and capital improvement projects that exceed $100,000 in cost:  
Provided, That none of the funds provided for the ecosystem research 
activity shall be used to conduct new surveys on private property, 
unless specifically authorized in writing by the property owner:  
Provided further, <<NOTE: 43 USC 50.>> That no part of this 
appropriation shall be used to pay more than one-half the cost of 
topographic mapping or water resources data collection and 
investigations carried on in cooperation with States and municipalities: 
 Provided further, That of the amount appropriated under this heading, 
$2,130,000 shall be for projects specified for Special Initiatives in 
the table titled ``Interior and Environment Incorporation of Community 
Project Funding Items/Congressionally Directed Spending Items'' included 
for this division in the explanatory statement described in section 4 
(in the matter preceding division A of this consolidated Act):  Provided 
further, That amounts in the preceding proviso may be transferred to the 
appropriate program, project, or activity under this heading and shall 
continue to only be available for the purposes and in such amounts as 
such funds were originally appropriated.

                        administrative provisions

    From within the amount appropriated for activities of the United 
States Geological Survey such sums as are necessary shall be available 
for contracting for the furnishing of topographic maps and for the 
making of geophysical or other specialized surveys when it is 
administratively determined that such procedures are in the public 
interest; construction and maintenance of necessary buildings and 
appurtenant facilities; acquisition of lands for gauging stations, 
observation wells, and seismic equipment; expenses of the United States 
National Committee for Geological Sciences; and payment of compensation 
and expenses of persons employed by the Survey duly appointed to 
represent the United States in the negotiation and administration of 
interstate compacts:  Provided, That 
activities <<NOTE: Contracts. Grants.>>  funded by appropriations herein 
made may be accomplished through the use of contracts, grants, or 
cooperative agreements as defined in section 6302 of title 31, United 
States Code:  Provided further, <<NOTE: Contracts.>> That the United 
States Geological Survey may enter into contracts or cooperative 
agreements directly with individuals or indirectly with institutions or 
nonprofit organizations, without regard to 41 U.S.C. 6101, for the 
temporary or intermittent services of students or recent graduates, who 
shall be considered employees for the purpose of chapters 57 and 81 of 
title 5, United States Code, relating to compensation for travel and 
work injuries, and chapter 171 of title 28, United States Code, relating 
to tort claims, but shall not be considered to be Federal employees for 
any other purposes.

[[Page 136 STAT. 4769]]

                    Bureau of Ocean Energy Management

                         ocean energy management

    For expenses necessary for granting and administering leases, 
easements, rights-of-way, and agreements for use for oil and gas, other 
minerals, energy, and marine-related purposes on the Outer Continental 
Shelf and approving operations related thereto, as authorized by law; 
for environmental studies, as authorized by law; for implementing other 
laws and to the extent provided by Presidential or Secretarial 
delegation; and for matching grants or cooperative agreements, 
$219,960,000, of which $182,960,000 is to remain available until 
September 30, 2024, and of which $37,000,000 is to remain available 
until expended:  Provided, <<NOTE: Reduction.>> That this total 
appropriation shall be reduced by amounts collected by the Secretary of 
the Interior and credited to this appropriation from additions to 
receipts resulting from increases to lease rental rates in effect on 
August 5, 1993, and from cost recovery fees from activities conducted by 
the Bureau of Ocean Energy Management pursuant to the Outer Continental 
Shelf Lands Act, including studies, assessments, analysis, and 
miscellaneous administrative activities:  Provided 
further, <<NOTE: Reduction.>> That the sum herein appropriated shall be 
reduced as such collections are received during the fiscal year, so as 
to result in a final fiscal year 2023 appropriation estimated at not 
more than $182,960,000:  Provided further, That not to exceed $3,000 
shall be available for reasonable expenses related to promoting 
volunteer beach and marine cleanup activities.

             Bureau of Safety and Environmental Enforcement

              offshore safety and environmental enforcement

    For expenses necessary for the regulation of operations related to 
leases, easements, rights-of-way, and agreements for use for oil and 
gas, other minerals, energy, and marine-related purposes on the Outer 
Continental Shelf, as authorized by law; for enforcing and implementing 
laws and regulations as authorized by law and to the extent provided by 
Presidential or Secretarial delegation; and for matching grants or 
cooperative agreements, $175,886,000, of which $153,886,000 is to remain 
available until September 30, 2024, and of which $22,000,000 is to 
remain available until expended, including $3,000,000 for offshore 
decommissioning activities:  Provided, <<NOTE: Reduction.>> That this 
total appropriation shall be reduced by amounts collected by the 
Secretary of the Interior and credited to this appropriation from 
additions to receipts resulting from increases to lease rental rates in 
effect on August 5, 1993, and from cost recovery fees from activities 
conducted by the Bureau of Safety and Environmental Enforcement pursuant 
to the Outer Continental Shelf Lands Act, including studies, 
assessments, analysis, and miscellaneous administrative activities:  
Provided further, That the <<NOTE: Reduction.>> sum herein appropriated 
shall be reduced as such collections are received during the fiscal 
year, so as to result in a final fiscal year 2023 appropriation 
estimated at not more than $156,886,000.

    For an <<NOTE: Reduction.>> additional amount, $38,000,000, to 
remain available until expended, to be reduced by amounts collected by 
the Secretary and credited to this appropriation, which shall be derived 
from

[[Page 136 STAT. 4770]]

non-refundable inspection fees collected in fiscal year 2023, as 
provided in this Act:  Provided, That to the extent that amounts 
realized from such inspection fees exceed $38,000,000, the amounts 
realized in excess of $38,000,000 shall be credited to this 
appropriation and remain available until expended:  Provided further, 
That for fiscal year 2023, not less than 50 percent of the inspection 
fees expended by the Bureau of Safety and Environmental Enforcement will 
be used to fund personnel and mission-related costs to expand capacity 
and expedite the orderly development, subject to environmental 
safeguards, of the Outer Continental Shelf pursuant to the Outer 
Continental Shelf Lands Act (43 U.S.C. 1331 et seq.), including the 
review of applications for permits to drill.

                           oil spill research

    For necessary expenses to carry out title I, section 1016; title IV, 
sections 4202 and 4303; title VII; and title VIII, section 8201 of the 
Oil Pollution Act of 1990, $15,099,000, which shall be derived from the 
Oil Spill Liability Trust Fund, to remain available until expended.

          Office of Surface Mining Reclamation and Enforcement

                        regulation and technology

    For necessary expenses to carry out the provisions of the Surface 
Mining Control and Reclamation Act of 1977, Public Law 95-87, 
$121,026,000, to remain available until September 30, 2024, of which 
$65,000,000 shall be available for State and tribal regulatory grants:  
Provided, <<NOTE: 30 USC 1211 note.>>  That appropriations for the 
Office of Surface Mining Reclamation and Enforcement may provide for the 
travel and per diem expenses of State and tribal personnel attending 
Office of Surface Mining Reclamation and Enforcement sponsored training.

    In addition, for costs to review, administer, and enforce permits 
issued by the Office pursuant to section 507 of Public Law 95-87 (30 
U.S.C. 1257), $40,000, to remain available until expended:  Provided, 
That <<NOTE: 30 USC 1257 note.>>  fees assessed and collected by the 
Office pursuant to such section 507 shall be credited to this account as 
discretionary offsetting collections, to remain available until 
expended:  Provided further, That <<NOTE: Reduction.>> the sum herein 
appropriated from the general fund shall be reduced as collections are 
received during the fiscal year, so as to result in a fiscal year 2023 
appropriation estimated at not more than $121,026,000.

                     abandoned mine reclamation fund

    For necessary expenses to carry out title IV of the Surface Mining 
Control and Reclamation Act of 1977, Public Law 95-87, $33,904,000, to 
be derived from receipts of the Abandoned Mine Reclamation Fund and to 
remain available until expended:  Provided, <<NOTE: Debt 
collection. Contracts.>> That pursuant to Public Law 97-365, the 
Department of the Interior is authorized to use up to 20 percent from 
the recovery of the delinquent debt owed to the United States Government 
to pay for contracts to collect these debts:  Provided further, That 
funds made available under title IV of Public Law 95-87 may be used for 
any required non-Federal share of the cost of projects funded by the 
Federal Government for the purpose of environmental

[[Page 136 STAT. 4771]]

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

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

                             Indian Affairs

                        Bureau of Indian Affairs

                      operation of indian programs

                     (including transfers of funds)

    For expenses necessary for the operation of Indian programs, as 
authorized by law, including the Snyder Act of November 2, 1921 (25 
U.S.C. 13) and the Indian Self-Determination and Education Assistance 
Act of 1975 (25 U.S.C. 5301 et seq.), $1,906,998,000, to remain 
available until September 30, 2024, except as otherwise provided herein; 
of which not to exceed $8,500 may be for official reception and 
representation expenses; of which not to exceed $78,494,000 shall be for 
welfare assistance payments:  Provided, That in cases of designated 
Federal disasters, the Secretary of the Interior may exceed such cap for 
welfare payments from the amounts provided herein, to provide for 
disaster relief to Indian communities affected by the disaster:  
Provided further, That federally recognized Indian tribes and tribal 
organizations of federally recognized Indian tribes may use their tribal 
priority

[[Page 136 STAT. 4772]]

allocations for unmet welfare assistance costs:  Provided further, That 
not to exceed $63,586,000 shall remain available until expended for 
housing improvement, road maintenance, land acquisition, attorney fees, 
litigation support, land records improvement, and the Navajo-Hopi 
Settlement Program:  Provided further, That of the amount appropriated 
under this heading, $4,240,000 shall be for projects specified for 
Special Initiatives (CDS) in the table titled ``Interior and Environment 
Incorporation of Community Project Funding Items/Congressionally 
Directed Spending Items'' included for this division in the explanatory 
statement described in section 4 (in the matter preceding division A of 
this consolidated Act):  Provided further, That any forestry funds 
allocated to a federally recognized tribe which remain unobligated as of 
September 30, 2024, may be transferred during fiscal year 2025 to an 
Indian forest land assistance account established for the benefit of the 
holder of the funds within the holder's trust fund account:  Provided 
further, That <<NOTE: Expiration date.>> any such unobligated balances 
not so transferred shall expire on September 30, 2025:  Provided 
further, That in order to enhance the safety of Bureau field employees, 
the Bureau may use funds to purchase uniforms or other identifying 
articles of clothing for personnel:  Provided further, That the Bureau 
of Indian Affairs may accept transfers of funds from United States 
Customs and Border Protection to supplement any other funding available 
for reconstruction or repair of roads owned by the Bureau of Indian 
Affairs as identified on the National Tribal Transportation Facility 
Inventory, 23 U.S.C. 202(b)(1).

                        indian land consolidation

    For the acquisition of fractional interests to further land 
consolidation as authorized under the Indian Land Consolidation Act 
Amendments of 2000 (Public Law 106-462), and the American Indian Probate 
Reform Act of 2004 (Public Law 108-374), $8,000,000, to remain available 
until expended:  Provided, That any provision of the Indian Land 
Consolidation Act Amendments of 2000 (Public Law 106-462) that requires 
or otherwise relates to application of a lien shall not apply to the 
acquisitions funded herein.

                         contract support costs

    For payments to tribes and tribal organizations for contract support 
costs associated with Indian Self-Determination and Education Assistance 
Act agreements with the Bureau of Indian Affairs and the Bureau of 
Indian Education for fiscal year 2023, such sums as may be necessary, 
which shall be available for obligation through September 30, 2024:  
Provided, That notwithstanding any other provision of law, no amounts 
made available under this heading shall be available for transfer to 
another budget account.

                       payments for tribal leases

    For payments to tribes and tribal organizations for leases pursuant 
to section 105(l) of the Indian Self-Determination and Education 
Assistance Act (25 U.S.C. 5324(l)) for fiscal year 2023, such sums as 
may be necessary, which shall be available for obligation through 
September 30, 2024:  Provided, That notwithstanding

[[Page 136 STAT. 4773]]

any other provision of law, no amounts made available under this heading 
shall be available for transfer to another budget account.

                              construction

                      (including transfer of funds)

    For construction, repair, improvement, and maintenance of irrigation 
and power systems, buildings, utilities, and other facilities, including 
architectural and engineering services by contract; acquisition of 
lands, and interests in lands; and preparation of lands for farming, and 
for construction of the Navajo Indian Irrigation Project pursuant to 
Public Law 87-483; $153,309,000, to remain available until expended:  
Provided, That such amounts as may be available for the construction of 
the Navajo Indian Irrigation Project may be transferred to the Bureau of 
Reclamation:  Provided further, That any funds provided for the Safety 
of Dams program pursuant to the Act of November 2, 1921 (25 U.S.C. 13), 
shall be made available on a nonreimbursable basis:  Provided further, 
That this <<NOTE: Reimbursement.>> appropriation may be reimbursed from 
the Office of the Special Trustee for American Indians appropriation for 
the appropriate share of construction costs for space expansion needed 
in agency offices to meet trust reform implementation:  Provided 
further, That of the funds made available under this heading, 
$10,000,000 shall be derived from the Indian Irrigation Fund established 
by section 3211 of the WIIN Act (Public Law 114-322; 130 Stat. 1749):  
Provided further, That amounts provided under this heading are made 
available for the modernization of Federal field communication 
capabilities, in addition to amounts otherwise made available for such 
purpose.

 indian land and water claim settlements and miscellaneous payments to 
                                 indians

    For payments and necessary administrative expenses for 
implementation of Indian land and water claim settlements pursuant to 
Public Laws 99-264, 114-322, and 116-260, and for implementation of 
other land and water rights settlements, $825,000, to remain available 
until expended.

                 indian guaranteed loan program account

    For the cost of guaranteed loans and insured loans, $13,884,000, to 
remain available until September 30, 2024, of which $2,680,000 is for 
administrative expenses, as authorized by the Indian Financing Act of 
1974:  Provided, That such costs, including the cost of modifying such 
loans, shall be as defined in section 502 of the Congressional Budget 
Act of 1974:  Provided further, That these funds are available to 
subsidize total loan principal, any part of which is to be guaranteed or 
insured, not to exceed $150,213,551.

                       Bureau of Indian Education

                 operation of indian education programs

    For expenses necessary for the operation of Indian education 
programs, as authorized by law, including the Snyder Act of

[[Page 136 STAT. 4774]]

November 2, 1921 (25 U.S.C. 13), the Indian Self-Determination and 
Education Assistance Act of 1975 (25 U.S.C. 5301 et seq.), the Education 
Amendments of 1978 (25 U.S.C. 2001-2019), and the Tribally Controlled 
Schools Act of 1988 (25 U.S.C. 2501 et seq.), $1,133,552,000 to remain 
available until September 30, 2024, except as otherwise provided herein: 
 Provided, That federally recognized Indian tribes and tribal 
organizations of federally recognized Indian tribes may use their tribal 
priority allocations for unmet welfare assistance costs:  Provided 
further, That not to exceed $833,592,000 for school operations costs of 
Bureau-funded schools and other education programs shall become 
available on July 1, 2023, and shall remain available until September 
30, 2024:  Provided further, That notwithstanding any other provision of 
law, including but not limited to the Indian Self-Determination Act of 
1975 (25 U.S.C. 5301 et seq.) and section 1128 of the Education 
Amendments of 1978 (25 U.S.C. 2008), not to exceed $95,822,000 within 
and only from such amounts made available for school operations shall be 
available for administrative cost grants associated with grants approved 
prior to July 1, 2023:  Provided further, That in order to enhance the 
safety of Bureau field employees, the Bureau may use funds to purchase 
uniforms or other identifying articles of clothing for personnel.

                         education construction

    For construction, repair, improvement, and maintenance of buildings, 
utilities, and other facilities necessary for the operation of Indian 
education programs, including architectural and engineering services by 
contract; acquisition of lands, and interests in lands; $267,887,000 to 
remain available until expended:  Provided, That in <<NOTE: Deadline.>>  
order to ensure timely completion of construction projects, the 
Secretary of the Interior may assume control of a project and all funds 
related to the project, if, not later than 18 months after the date of 
the enactment of this Act, any Public Law 100-297 (25 U.S.C. 2501, et 
seq.) grantee receiving funds appropriated in this Act or in any prior 
Act, has not completed the planning and design phase of the project and 
commenced construction.

                        administrative provisions

    The <<NOTE: Contracts. Grants.>>  Bureau of Indian Affairs and the 
Bureau of Indian Education may carry out the operation of Indian 
programs by direct expenditure, contracts, cooperative agreements, 
compacts, and grants, either directly or in cooperation with States and 
other organizations.

     <<NOTE: Contracts.>> Notwithstanding Public Law 87-279 (25 U.S.C. 
15), the Bureau of Indian Affairs may contract for services in support 
of the management, operation, and maintenance of the Power Division of 
the San Carlos Irrigation Project.

    Notwithstanding any other provision of law, no funds available to 
the Bureau of Indian Affairs or the Bureau of Indian Education for 
central office oversight and Executive Direction and Administrative 
Services (except Executive Direction and Administrative Services funding 
for Tribal Priority Allocations, regional offices, and facilities 
operations and maintenance) shall be available for contracts, grants, 
compacts, or cooperative agreements with the Bureau of Indian Affairs or 
the Bureau of Indian Education under the

[[Page 136 STAT. 4775]]

provisions of the Indian Self-Determination Act or the Tribal Self-
Governance Act of 1994 (Public Law 103-413).
    In the event any tribe returns appropriations made available by this 
Act to the Bureau of Indian Affairs or the Bureau of Indian Education, 
this action shall not diminish the Federal Government's trust 
responsibility to that tribe, or the government-to-government 
relationship between the United States and that tribe, or that tribe's 
ability to access future appropriations.
     <<NOTE: Alaska.>> Notwithstanding any other provision of law, no 
funds available to the Bureau of Indian Education, other than the 
amounts provided herein for assistance to public schools under 25 U.S.C. 
452 et seq., shall be available to support the operation of any 
elementary or secondary school in the State of Alaska.

    No <<NOTE: Waiver authority. Determination.>>  funds available to 
the Bureau of Indian Education shall be used to support expanded grades 
for any school or dormitory beyond the grade structure in place or 
approved by the Secretary of the Interior at each school in the Bureau 
of Indian Education school system as of October 1, 1995, except that the 
Secretary of the Interior may waive this prohibition to support 
expansion of up to one additional grade when the Secretary determines 
such waiver is needed to support accomplishment of the mission of the 
Bureau of Indian Education, or more than one grade to expand the 
elementary grade structure for Bureau-funded schools with a K-2 grade 
structure on October 1, 1996. Appropriations made available in this or 
any prior Act for schools funded by the Bureau shall be available, in 
accordance with the Bureau's funding formula, only to the schools in the 
Bureau school system as of September 1, 1996, and to any school or 
school program that was reinstated in fiscal year 2012. <<NOTE: Charter 
schools. Reimbursement.>> Funds made available under this Act may not be 
used to establish a charter school at a Bureau-funded school (as that 
term is defined in section 1141 of the Education Amendments of 1978 (25 
U.S.C. 2021)), except that a charter school that is in existence on the 
date of the enactment of this Act and that has operated at a Bureau-
funded school before September 1, 1999, may continue to operate during 
that period, but only if the charter school pays to the Bureau a pro 
rata share of funds to reimburse the Bureau for the use of the real and 
personal property (including buses and vans), the funds of the charter 
school are kept separate and apart from Bureau funds, and the Bureau 
does not assume any obligation for charter school programs of the State 
in which the school is located if the charter school loses such funding. 
Employees of Bureau-funded schools sharing a campus with a charter 
school and performing functions related to the charter school's 
operation and employees of a charter school shall not be treated as 
Federal employees for purposes of chapter 171 of title 28, United States 
Code.

     <<NOTE: Continuation.>> Notwithstanding any other provision of law, 
including section 113 of title I of appendix C of Public Law 106-113, if 
in fiscal year 2003 or 2004 a grantee received indirect and 
administrative costs pursuant to a distribution formula based on section 
5(f) of Public Law 101-301, the Secretary shall continue to distribute 
indirect and administrative cost funds to such grantee using the section 
5(f) distribution formula.

     <<NOTE: Waiver authority. Compliance.>> Funds available under this 
Act may not be used to establish satellite locations of schools in the 
Bureau school system as of September 1, 1996, except that the Secretary 
may waive this prohibition in order for an Indian tribe to provide 
language and

[[Page 136 STAT. 4776]]

cultural immersion educational programs for non-public schools located 
within the jurisdictional area of the tribal government which 
exclusively serve tribal members, do not include grades beyond those 
currently served at the existing Bureau-funded school, provide an 
educational environment with educator presence and academic facilities 
comparable to the Bureau-funded school, comply with all applicable 
Tribal, Federal, or State health and safety standards, and the Americans 
with Disabilities Act, and demonstrate the benefits of establishing 
operations at a satellite location in lieu of incurring extraordinary 
costs, such as for transportation or other impacts to students such as 
those caused by busing students extended distances:  Provided, That no 
funds available under this Act may be used to fund operations, 
maintenance, rehabilitation, construction, or other facilities-related 
costs for such assets that are not owned by the Bureau:  Provided 
further, <<NOTE: Definition.>> That the term ``satellite school'' means 
a school location physically separated from the existing Bureau school 
by more than 50 miles but that forms part of the existing school in all 
other respects.

    Funds made available for Tribal Priority Allocations within 
Operation of Indian Programs and Operation of Indian Education Programs 
may be used to execute requested adjustments in tribal priority 
allocations initiated by an Indian Tribe.

           Office of the Special Trustee for American Indians

                         federal trust programs

                      (including transfer of funds)

    For the operation of trust programs for Indians by direct 
expenditure, contracts, cooperative agreements, compacts, and grants, 
$111,272,000, to remain available until expended, of which not to exceed 
$17,867,000 from this or any other Act, may be available for historical 
accounting:  Provided, That funds for trust management improvements and 
litigation support may, as needed, be transferred to or merged with the 
Bureau of Indian Affairs, ``Operation of Indian Programs'' and Bureau of 
Indian Education, ``Operation of Indian Education Programs'' accounts; 
the Office of the Solicitor, ``Salaries and Expenses'' account; and the 
Office of the Secretary, ``Departmental Operations'' account:  Provided 
further, That funds made available through contracts or grants obligated 
during fiscal year 2023, as authorized by the Indian Self-Determination 
Act of 1975 (25 U.S.C. 5301 et seq.), shall remain available until 
expended <<NOTE: Time period.>>  by the contractor or grantee:  Provided 
further, That notwithstanding any other provision of law, the Secretary 
shall not be required to provide a quarterly statement of performance 
for any Indian trust account that has not had activity for at least 15 
months and has a balance of $15 or less:  Provided further, That the 
Secretary shall issue <<NOTE: Statement. Records.>>  an annual account 
statement and maintain a record of any such accounts and shall permit 
the balance in each such account to be withdrawn upon the express 
written request of the account holder:  Provided further, That not to 
exceed $100,000 is available for the Secretary to make payments to 
correct administrative errors of either disbursements from or deposits 
to Individual Indian Money or Tribal accounts after September 30, 2002:  
Provided further, That erroneous payments that are recovered shall be 
credited to and remain available in this account for this

[[Page 136 STAT. 4777]]

purpose:  Provided further, That the Secretary shall not be required to 
reconcile Special Deposit Accounts with a balance of less than $500 
unless the Office of the Special Trustee receives proof of ownership 
from a Special Deposit Accounts claimant:  Provided further, That 
notwithstanding section 102 of the <<NOTE: Time period.>> American 
Indian Trust Fund Management Reform Act of 1994 (Public Law 103-412) or 
any other provision of law, the Secretary may aggregate the trust 
accounts of individuals whose whereabouts are unknown for a continuous 
period of at least 5 years and shall not be required to generate 
periodic statements of performance for the individual accounts:  
Provided further, <<NOTE: Records. Determination.>> That with respect to 
the preceding proviso, the Secretary shall continue to maintain 
sufficient records to determine the balance of the individual accounts, 
including any accrued interest and income, and such funds shall remain 
available to the individual account holders.

                          Departmental Offices

                         Office of the Secretary

                         departmental operations

                      (including transfer of funds)

    For necessary expenses for management of the Department of the 
Interior and for grants and cooperative agreements, as authorized by 
law, $135,884,000, to remain available until September 30, 2024; of 
which not to exceed $15,000 may be for official reception and 
representation expenses; of which up to $1,000,000 shall be available 
for workers compensation payments and unemployment compensation payments 
associated with the orderly closure of the United States Bureau of 
Mines; and of which $14,295,000 for Indian land, mineral, and resource 
valuation activities shall remain available until expended:  Provided, 
That funds for Indian land, mineral, and resource valuation activities 
may, as needed, be transferred to and merged with the Bureau of Indian 
Affairs ``Operation of Indian Programs'' and Bureau of Indian Education 
``Operation of Indian Education Programs'' accounts and the Office of 
the Special Trustee ``Federal Trust Programs'' account:  Provided 
further, That funds made available through contracts or grants obligated 
during fiscal year 2023, as authorized by the Indian Self-Determination 
Act of 1975 (25 U.S.C. 5301 et seq.), shall remain available until 
expended by the contractor or grantee.

                        administrative provisions

    For fiscal year 2023, up to $400,000 of the payments authorized by 
chapter 69 of title 31, United States Code, may be retained for 
administrative expenses of the Payments in Lieu of Taxes Program:  
Provided, That the amounts provided under this Act specifically for the 
Payments in Lieu of Taxes program are the only amounts available for 
payments authorized under chapter 69 of title 31, United States Code:  
Provided further, That <<NOTE: 31 USC 6903 note.>>  in the event the 
sums appropriated for any fiscal year for payments pursuant to this 
chapter are insufficient to make the full payments authorized by that 
chapter to all units of local government, then the payment to each local 
government shall be made proportionally:  Provided further, That the 
Secretary may make adjustments to payment

[[Page 136 STAT. 4778]]

to individual units of local government to correct for prior 
overpayments or underpayments:  Provided further, That no payment shall 
be made pursuant to that chapter to otherwise eligible units of local 
government if the computed amount of the payment is less than $100.

                             Insular Affairs

                        assistance to territories

    For expenses necessary for assistance to territories under the 
jurisdiction of the Department of the Interior and other jurisdictions 
identified in section 104(e) of Public Law 108-188, $120,357,000, of 
which: (1) $110,140,000 shall remain available until expended for 
territorial assistance, including general technical assistance, 
maintenance assistance, disaster assistance, coral reef initiative and 
natural resources activities, and brown tree snake control and research; 
grants to the judiciary in American Samoa for compensation and expenses, 
as authorized by law (48 U.S.C. 1661(c)); grants to the Government of 
American Samoa, in addition to current local revenues, for construction 
and support of governmental functions; grants to the Government of the 
Virgin Islands, as authorized by law; grants to the Government of Guam, 
as authorized by law; and grants to the Government of the Northern 
Mariana Islands, as authorized by law (Public Law 94-241; 90 Stat. 272); 
and (2) $10,217,000 shall be available until September 30, 2024, for 
salaries and expenses of the Office of Insular Affairs:  
Provided, <<NOTE: Audits. 48 USC 1469b.>> That all financial 
transactions of the territorial and local governments herein provided 
for, including such transactions of all agencies or instrumentalities 
established or used by such governments, may be audited by the 
Government Accountability Office, at its discretion, in accordance with 
chapter 35 of title 31, United States Code:  Provided further, That 
Northern Mariana Islands Covenant grant funding shall be provided 
according to those terms of the Agreement of the Special Representatives 
on Future United States Financial Assistance for the Northern Mariana 
Islands approved by Public Law 104-134:  Provided 
further, <<NOTE: Determination.>>  That the funds for the program of 
operations and maintenance improvement are appropriated to 
institutionalize routine operations and maintenance improvement of 
capital infrastructure with territorial participation and cost sharing 
to be determined by the Secretary based on the grantee's commitment to 
timely maintenance of its capital assets:  Provided further, That any 
appropriation for disaster assistance under this heading in this Act or 
previous appropriations Acts may be used as non-Federal matching funds 
for the purpose of hazard mitigation grants provided pursuant to section 
404 of the Robert T. Stafford Disaster Relief and Emergency Assistance 
Act (42 U.S.C. 5170c).

                       compact of free association

    For grants and necessary expenses, $8,463,000, to remain available 
until expended, as provided for in sections 221(a)(2) and 233 of the 
Compact of Free Association for the Republic of Palau; and section 
221(a)(2) of the Compacts of Free Association for the Government of the 
Republic of the Marshall Islands and the Federated States of Micronesia, 
as authorized by Public Law 99-658 and Public Law 108-188:  Provided, 
That of the funds appropriated under this heading, $5,000,000 is for 
deposit into the Compact

[[Page 136 STAT. 4779]]

Trust Fund of the Republic of the Marshall Islands as compensation 
authorized by Public Law 108-188 for adverse financial and economic 
impacts.

                        Administrative Provisions

                      (including transfer of funds)

    At <<NOTE: Guam. Loans.>>  the request of the Governor of Guam, the 
Secretary may transfer discretionary funds or mandatory funds provided 
under section 104(e) of Public Law 108-188 and Public Law 104-134, that 
are allocated for Guam, to the Secretary of Agriculture for the subsidy 
cost of direct or guaranteed loans, plus not to exceed three percent of 
the amount of the subsidy transferred for the cost of loan 
administration, for the purposes authorized by the Rural Electrification 
Act of 1936 and section 306(a)(1) of the Consolidated Farm and Rural 
Development Act for construction and repair projects in Guam, and such 
funds shall remain available until expended:  Provided, That such costs, 
including the cost of modifying such loans, shall be as defined in 
section 502 of the Congressional Budget Act of 1974:  Provided further, 
That such loans or loan guarantees may be made without regard to the 
population of the area, credit elsewhere requirements, and restrictions 
on the types of eligible entities under the Rural Electrification Act of 
1936 and section 306(a)(1) of the Consolidated Farm and Rural 
Development Act:  Provided further, That any funds transferred to the 
Secretary of Agriculture shall be in addition to funds otherwise made 
available to make or guarantee loans under such authorities.

                         Office of the Solicitor

                          salaries and expenses

    For necessary expenses of the Office of the Solicitor, $101,050,000, 
to remain available until September 30, 2024.

                       Office of Inspector General

                          salaries and expenses

    For necessary expenses of the Office of Inspector General, 
$67,000,000, to remain available until September 30, 2024.

                        Department-Wide Programs

                        wildland fire management

                     (including transfers of funds)

    For necessary expenses for fire preparedness, fire suppression 
operations, fire science and research, emergency rehabilitation, fuels 
management activities, and rural fire assistance by the Department of 
the Interior, $663,786,000, to remain available until expended, of which 
not to exceed $10,000,000 shall be for the renovation or construction of 
fire facilities:  Provided, That such funds are also available for 
repayment of advances to other appropriation accounts from which funds 
were previously transferred for such purposes:  Provided further, That 
of the funds provided $247,000,000

[[Page 136 STAT. 4780]]

is for fuels management activities:  Provided further, That of the funds 
provided $20,470,000 is for burned area rehabilitation:  Provided 
further, That persons hired pursuant to 43 U.S.C. 1469 may be furnished 
subsistence and lodging without cost from funds available from this 
appropriation:  Provided further, That notwithstanding 42 U.S.C. 1856d, 
sums received by a bureau or office of the Department of the Interior 
for fire protection rendered pursuant to 42 U.S.C. 1856 et seq., 
protection of United States property, may be credited to the 
appropriation from which funds were expended to provide that protection, 
and are available without fiscal year limitation:  Provided 
further, <<NOTE: Contracts. Grants.>> That using the amounts designated 
under this title of this Act, the Secretary of the Interior may enter 
into procurement contracts, grants, or cooperative agreements, for fuels 
management activities, and for training and monitoring associated with 
such fuels management activities on Federal land, or on adjacent non-
Federal land for activities that benefit resources on Federal land:  
Provided further, That the costs of implementing any cooperative 
agreement between the Federal Government and any non-Federal entity may 
be shared, as mutually agreed on by the affected parties:  Provided 
further, That notwithstanding requirements of the Competition in 
Contracting Act, the Secretary, for purposes of fuels management 
activities, may obtain maximum practicable competition among: (1) local 
private, nonprofit, or cooperative entities; (2) Youth Conservation 
Corps crews, Public Lands Corps (Public Law 109-154), or related 
partnerships with State, local, or nonprofit youth groups; (3) small or 
micro-businesses; or (4) other entities that will hire or train locally 
a significant percentage, defined as 50 percent or more, of the project 
workforce to complete such contracts:  Provided 
further, <<NOTE: Guidance.>>  That in implementing this section, the 
Secretary shall develop written guidance to field units to ensure 
accountability and consistent application of the authorities provided 
herein:  Provided further, <<NOTE: Reimbursement.>> That funds 
appropriated under this heading may be used to reimburse the United 
States Fish and Wildlife Service and the National Marine Fisheries 
Service for the costs of carrying out their responsibilities under the 
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) to consult and 
conference, as required by section 7 of such Act, in connection with 
wildland fire management activities:  Provided 
further, <<NOTE: Contracts. Real property. State and local 
governments.>> That the Secretary of the Interior may use wildland fire 
appropriations to enter into leases of real property with local 
governments, at or below fair market value, to construct capitalized 
improvements for fire facilities on such leased properties, including 
but not limited to fire guard stations, retardant stations, and other 
initial attack and fire support facilities, and to make advance payments 
for any such lease or for construction activity associated with the 
lease:  Provided further, That the Secretary of the Interior and the 
Secretary of Agriculture may authorize the transfer of funds 
appropriated for wildland fire management, in an aggregate amount not to 
exceed $50,000,000 between the Departments when such transfers would 
facilitate and expedite wildland fire management programs and projects:  
Provided further, That funds provided for wildfire suppression shall be 
available for support of Federal emergency response actions:  Provided 
further, That funds appropriated under this heading shall be available 
for assistance to or through the Department of State in connection with 
forest and rangeland research, technical information, and assistance in 
foreign countries, and, with the concurrence of the Secretary of State,

[[Page 136 STAT. 4781]]

shall be available to support forestry, wildland fire management, and 
related natural resource activities outside the United States and its 
territories and possessions, including technical assistance, education 
and training, and cooperation with United States and international 
organizations.

              wildfire suppression operations reserve fund

                     (including transfers of funds)

    In addition to the amounts provided under the heading ``Department 
of the Interior--Department-Wide Programs--Wildland Fire Management'' 
for wildfire suppression operations, $340,000,000, to remain available 
until transferred, is additional new budget authority as specified for 
purposes of section 4004(b)(5) of S. Con. Res. 14 (117th Congress), the 
concurrent resolution on the budget for fiscal year 2022, and section 
1(g) of H. Res. 1151 (117th Congress), as engrossed in the House of 
Representatives on June 8, 2022:  Provided, That such amounts may be 
transferred to and merged with amounts made available under the headings 
``Department of Agriculture--Forest Service--Wildland Fire Management'' 
and ``Department of the Interior--Department-Wide Programs--Wildland 
Fire Management'' for wildfire suppression operations in the fiscal year 
in which such amounts are transferred:  Provided 
further, <<NOTE: Notification. Deadline.>> That amounts may be 
transferred to the ``Wildland Fire Management'' accounts in the 
Department of Agriculture or the Department of the Interior only upon 
the notification of the House and Senate Committees on Appropriations 
that all wildfire suppression operations funds appropriated under that 
heading in this and prior appropriations Acts to the agency to which the 
funds will be transferred will be obligated within 30 days:  Provided 
further, That the transfer authority provided under this heading is in 
addition to any other transfer authority provided by law:  Provided 
further, <<NOTE: Determination. Deadline.>> That, in determining whether 
all wildfire suppression operations funds appropriated under the heading 
``Wildland Fire Management'' in this and prior appropriations Acts to 
either the Department of Agriculture or the Department of the Interior 
will be obligated within 30 days pursuant to the preceding proviso, any 
funds transferred or permitted to be transferred pursuant to any other 
transfer authority provided by law shall be excluded.

                    central hazardous materials fund

    For necessary expenses of the Department of the Interior and any of 
its component offices and bureaus for the response action, including 
associated activities, performed pursuant to the Comprehensive 
Environmental Response, Compensation, and Liability Act (42 U.S.C. 9601 
et seq.), $10,064,000, to remain available until expended.

                 energy community revitalization program

                     (including transfers of funds)

    For necessary expenses of the Department of the Interior to 
inventory, assess, decommission, reclaim, respond to hazardous substance 
releases, remediate lands pursuant to section 40704 of Public Law 117-58 
(30 U.S.C. 1245), and carry out the purposes of section

[[Page 136 STAT. 4782]]

349 of the Energy Policy Act of 2005 (42 U.S.C. 15907), as amended, 
$5,000,000, to remain available until expended:  Provided, That such 
amount shall be in addition to amounts otherwise available for such 
purposes:  Provided further, That amounts appropriated under this 
heading are available for program management and oversight of these 
activities:  Provided further, That <<NOTE: Grants.>>  the Secretary may 
transfer the funds provided under this heading in this Act to any other 
account in the Department to carry out such purposes, and may expend 
such funds directly, or through grants:  Provided further, That these 
amounts are not available to fulfill Comprehensive Environmental 
Response, Compensation, and Liability Act (42 U.S.C. 9601 et seq.) 
obligations agreed to in settlement or imposed by a court, whether for 
payment of funds or for work to be performed.

           natural resource damage assessment and restoration

                 natural resource damage assessment fund

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

                          working capital fund

    For the operation and maintenance of a departmental financial and 
business management system, data management, information technology 
improvements of general benefit to the Department, cybersecurity, and 
the consolidation of facilities and operations throughout the 
Department, $112,198,000, to remain available until expended:  Provided, 
That <<NOTE: Advance approvals.>> none of the funds appropriated in this 
Act or any other Act may be used to establish reserves in the Working 
Capital Fund account other than for accrued annual leave and 
depreciation of equipment without prior approval of the Committees on 
Appropriations of the House of Representatives and the Senate:  Provided 
further, That the Secretary of the Interior may assess reasonable 
charges to State, local, and tribal government employees for training 
services provided by the National Indian Program Training Center, other 
than training related to Public Law 93-638:  Provided 
further, <<NOTE: Contracts. State and local governments. Tribal 
governments.>> That the Secretary may lease or otherwise provide space 
and related facilities, equipment, or professional services of the 
National Indian Program Training Center to State, local and tribal 
government employees or persons or organizations engaged in cultural, 
educational, or recreational activities (as defined in section 3306(a) 
of title 40, United States Code) at the prevailing rate for similar 
space, facilities, equipment, or services in the vicinity of the 
National Indian Program Training Center:  Provided further, That all 
funds received pursuant to the two preceding provisos shall be credited 
to this account, shall be available until expended, and shall be used by 
the Secretary for necessary expenses of the National Indian Program 
Training Center:  Provided further, <<NOTE: Grants. Contracts.>> That 
the Secretary may enter into grants and cooperative agreements to 
support the Office of Natural

[[Page 136 STAT. 4783]]

Resource Revenue's collection and disbursement of royalties, fees, and 
other mineral revenue proceeds, as authorized by law.

                        administrative provision

    There is hereby authorized for acquisition from available resources 
within the Working Capital Fund, aircraft which may be obtained by 
donation, purchase, or through available excess surplus property:  
Provided, That existing aircraft being replaced may be sold, with 
proceeds derived or trade-in value used to offset the purchase price for 
the replacement aircraft.

                   office of natural resources revenue

    For necessary expenses for management of the collection and 
disbursement of royalties, fees, and other mineral revenue proceeds, and 
for grants and cooperative agreements, as authorized by law, 
$174,934,000, to remain available until September 30, 2024; of which 
$69,751,000 shall remain available until expended for the purpose of 
mineral revenue management activities:  Provided, That notwithstanding 
any other provision of law, $15,000 shall be available for refunds of 
overpayments in connection with certain Indian leases in which the 
Secretary of the Interior concurred with the claimed refund due, to pay 
amounts owed to Indian allottees or tribes, or to correct prior 
unrecoverable erroneous payments.

             General Provisions, Department of the Interior

                     (including transfers of funds)

               emergency transfer authority--intra-bureau

    Sec. 101.  Appropriations made in this title shall be available for 
expenditure or transfer (within each bureau or office), with the 
approval of the Secretary of the Interior, for the emergency 
reconstruction, replacement, or repair of aircraft, buildings, 
utilities, or other facilities or equipment damaged or destroyed by 
fire, flood, storm, or other unavoidable causes:  Provided, That no 
funds shall be made available under this authority until funds 
specifically made available to the Department of the Interior for 
emergencies shall have been exhausted:  Provided further, That all funds 
used pursuant to this section must be replenished by a supplemental 
appropriation, which must be requested as promptly as possible.

              emergency transfer authority--department-wide

    Sec. 102.  The Secretary of the Interior may authorize the 
expenditure or transfer of any no year appropriation in this title, in 
addition to the amounts included in the budget programs of the several 
agencies, for the suppression or emergency prevention of wildland fires 
on or threatening lands under the jurisdiction of the Department of the 
Interior; for the emergency rehabilitation of burned-over lands under 
its jurisdiction; for emergency actions related to potential or actual 
earthquakes, floods, volcanoes, storms, or other unavoidable causes; for 
contingency planning subsequent to actual oil spills; for response and 
natural resource damage assessment activities related to actual oil 
spills or releases of hazardous substances into the environment; for the 
prevention, suppression,

[[Page 136 STAT. 4784]]

and control of actual or potential grasshopper and Mormon cricket 
outbreaks on lands under the jurisdiction of the Secretary, pursuant to 
the authority in section 417(b) of Public Law 106-224 (7 U.S.C. 
7717(b)); for emergency reclamation projects under section 410 of Public 
Law 95-87; and shall transfer, from any no year funds available to the 
Office of Surface Mining Reclamation and Enforcement, such funds as may 
be necessary to permit assumption of regulatory authority in the event a 
primacy State is not carrying out the regulatory provisions of the 
Surface Mining Act:  Provided, 
That <<NOTE: Reimbursement.>> appropriations made in this title for 
wildland fire operations shall be available for the payment of 
obligations incurred during the preceding fiscal year, and for 
reimbursement to other Federal agencies for destruction of vehicles, 
aircraft, or other equipment in connection with their use for wildland 
fire operations, with such reimbursement to be credited to 
appropriations currently available at the time of receipt thereof:  
Provided further, That <<NOTE: Determination. Deadline.>> for wildland 
fire operations, no funds shall be made available under this authority 
until the Secretary determines that funds appropriated for ``wildland 
fire suppression'' shall be exhausted within 30 days:  Provided further, 
That all funds used pursuant to this section must be replenished by a 
supplemental appropriation, which must be requested as promptly as 
possible:  Provided further, <<NOTE: Reimbursement.>> That such 
replenishment funds shall be used to reimburse, on a pro rata basis, 
accounts from which emergency funds were transferred.

                         authorized use of funds

    Sec. 103.  Appropriations made to the Department of the Interior in 
this title shall be available for services as authorized by section 3109 
of title 5, United States Code, when authorized by the Secretary of the 
Interior, in total amount not to exceed $500,000; purchase and 
replacement of motor vehicles, including specially equipped law 
enforcement vehicles; hire, maintenance, and operation of aircraft; hire 
of passenger motor vehicles; purchase of reprints; payment for telephone 
service in private residences in the field, when authorized under 
regulations approved by the Secretary; and the payment of dues, when 
authorized by the Secretary, for library membership in societies or 
associations which issue publications to members only or at a price to 
members lower than to subscribers who are not members.

            authorized use of funds, indian trust management

    Sec. 104.  Appropriations made in this Act under the headings Bureau 
of Indian Affairs and Bureau of Indian Education, and Office of the 
Special Trustee for American Indians and any unobligated balances from 
prior appropriations Acts made under the same headings shall be 
available for expenditure or transfer for Indian trust management and 
reform activities. Total funding for historical accounting activities 
shall not exceed amounts specifically designated in this Act for such 
purpose. <<NOTE: Notification. Deadline.>>  The Secretary shall notify 
the House and Senate Committees on Appropriations within 60 days of the 
expenditure or transfer of any funds under this section, including the 
amount expended or transferred and how the funds will be used.

[[Page 136 STAT. 4785]]

            redistribution of funds, bureau of indian affairs

    Sec. 105.  Notwithstanding any other provision of law, the Secretary 
of the Interior is authorized to redistribute any Tribal Priority 
Allocation funds, including tribal base funds, to alleviate tribal 
funding inequities by transferring funds to address identified, unmet 
needs, dual enrollment, overlapping service areas or inaccurate 
distribution methodologies. No tribe shall receive a reduction in Tribal 
Priority Allocation funds of more than 10 percent in fiscal year 2023. 
Under circumstances of dual enrollment, overlapping service areas or 
inaccurate distribution methodologies, the 10 percent limitation does 
not apply.

                  ellis, governors, and liberty islands

    Sec. 106.  <<NOTE: New York. New 
Jersey. Contracts.>> Notwithstanding any other provision of law, the 
Secretary of the Interior is authorized to acquire lands, waters, or 
interests therein, including the use of all or part of any pier, dock, 
or landing within the State of New York and the State of New Jersey, for 
the purpose of operating and maintaining facilities in the support of 
transportation and accommodation of visitors to Ellis, Governors, and 
Liberty Islands, and of other program and administrative activities, by 
donation or with appropriated funds, including franchise fees (and other 
monetary consideration), or by exchange; and the Secretary is authorized 
to negotiate and enter into leases, subleases, concession contracts, or 
other agreements for the use of such facilities on such terms and 
conditions as the Secretary may determine reasonable.

                 outer continental shelf inspection fees

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

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

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

[[Page 136 STAT. 4786]]

            (2) $11,530 per inspection for non-rig units operating in 
        water depths between 500 and 2,499 feet; and
            (3) $4,470 per inspection for non-rig units operating in 
        water depths of less than 500 feet.

    (e) <<NOTE: Time period. Deadlines.>>  The Secretary shall bill 
designated operators under subsection (b) quarterly, with payment 
required within 30 days of billing. The Secretary shall bill designated 
operators under subsection (c) within 30 days of the end of the month in 
which the inspection occurred, with payment required within 30 days of 
billing. The Secretary shall bill designated operators under subsection 
(d) with payment required by the end of the following quarter.

  contracts and agreements for wild horse and burro holding facilities

    Sec. 108.  <<NOTE: 16 USC 1336 note.>>  Notwithstanding any other 
provision of this Act, the Secretary of the Interior may enter into 
multiyear cooperative agreements with nonprofit organizations and other 
appropriate entities, and may enter into multiyear contracts in 
accordance with the provisions of section 3903 of title 41, United 
States Code (except that the 5-year term restriction in subsection (a) 
shall not apply), for the long-term care and maintenance of excess wild 
free roaming horses and burros by such organizations or entities on 
private land. <<NOTE: Time period.>> Such cooperative agreements and 
contracts may not exceed 10 years, subject to renewal at the discretion 
of the Secretary.

                        mass marking of salmonids

    Sec. 109.  The United States Fish and Wildlife Service shall, in 
carrying out its responsibilities to protect threatened and endangered 
species of salmon, implement a system of mass marking of salmonid 
stocks, intended for harvest, that are released from federally operated 
or federally financed hatcheries including but not limited to fish 
releases of coho, chinook, and steelhead species. Marked fish must have 
a visible mark that can be readily identified by commercial and 
recreational fishers.

              contracts and agreements with indian affairs

    Sec. 110.  Notwithstanding any other provision of law, during fiscal 
year 2023, in carrying out work involving cooperation with State, local, 
and tribal governments or any political subdivision thereof, Indian 
Affairs may record obligations against accounts receivable from any such 
entities, except that total obligations at the end of the fiscal year 
shall not exceed total budgetary resources available at the end of the 
fiscal year.

         department of the interior experienced services program

    Sec. 111. (a) <<NOTE: Grants. Contracts.>> Notwithstanding any other 
provision of law relating to Federal grants and cooperative agreements, 
the Secretary of the Interior is authorized to make grants to, or enter 
into cooperative agreements with, private nonprofit organizations 
designated by the Secretary of Labor under title V of the Older 
Americans Act of 1965 to utilize the talents of older Americans in 
programs authorized by other provisions of law administered by the 
Secretary and consistent with such provisions of law.

[[Page 136 STAT. 4787]]

    (b) Prior to awarding any grant or agreement under subsection (a), 
the Secretary shall ensure that the agreement would not--
            (1) result in the displacement of individuals currently 
        employed by the Department, including partial displacement 
        through reduction of non-overtime hours, wages, or employment 
        benefits;
            (2) result in the use of an individual under the Department 
        of the Interior Experienced Services Program for a job or 
        function in a case in which a Federal employee is in a layoff 
        status from the same or substantially equivalent job within the 
        Department; or
            (3) affect existing contracts for services.

                           obligation of funds

    Sec. 112. <<NOTE: Deadline.>>  Amounts appropriated by this Act to 
the Department of the Interior shall be available for obligation and 
expenditure not later than 60 days after the date of enactment of this 
Act.

                         separation of accounts

    Sec. 113.  The Secretary of the Interior, in order to implement an 
orderly transition to separate accounts of the Bureau of Indian Affairs 
and the Bureau of Indian Education, may transfer funds among and between 
the successor offices and bureaus affected by the reorganization only in 
conformance with the reprogramming guidelines described in this Act.

                    payments in lieu of taxes (pilt)

    Sec. 114. <<NOTE: Applicability. 31 USC 6906 note.>>  Section 6906 
of title 31, United States Code, shall be applied by substituting 
``fiscal year 2023'' for ``fiscal year 2019''.

         disclosure of departure or alternate procedure approval

    Sec. 115. (a) <<NOTE: Web posting. Public 
information. Deadline.>> Subject to subsection (b), in any case in which 
the Bureau of Safety and Environmental Enforcement or the Bureau of 
Ocean Energy Management prescribes or approves any departure or use of 
alternate procedure or equipment, in regards to a plan or permit, under 
30 CFR 585.103; 30 CFR 550.141; 30 CFR 550.142; 30 CFR 250.141; or 30 
CFR 250.142, the head of such bureau shall post a description of such 
departure or alternate procedure or equipment use approval on such 
bureau's publicly available website not more than 15 business days after 
such issuance.

    (b) The head of each bureau may exclude confidential business 
information.

                           long bridge project

    Sec. 116. (a) <<NOTE: Virginia. District of Columbia.>>  
Authorization of Conveyance.--On request by the State of Virginia or the 
District of Columbia for the purpose of the construction of rail and 
other infrastructure relating to the Long Bridge Project, the Secretary 
of the Interior may convey to the State or the District of Columbia, as 
applicable, all right, title, and interest of the United States in and 
to any portion of the approximately 4.4 acres of National Park Service 
land depicted as ``Permanent Impact to NPS Land'' on the Map dated

[[Page 136 STAT. 4788]]

May 15, 2020, that is identified by the State or the District of 
Columbia.

    (b) Terms and Conditions.--Such conveyance of the National Park 
Service land under subsection (a) shall be subject to any terms and 
conditions that the Secretary may require. If such conveyed land is no 
longer being used for the purposes specified in this section, the lands 
or interests therein shall revert to the National Park Service after 
they have been restored or remediated to the satisfaction of the 
Secretary.
    (c) Corrections.--The Secretary and the State or the District of 
Columbia, as applicable, by mutual agreement, may--
            (1) make minor boundary adjustments to the National Park 
        Service land to be conveyed to the State or the District of 
        Columbia under subsection (a); and
            (2) correct any minor errors in the Map referred to in 
        subsection (a).

    (d) Definitions.--For purposes of this section:
            (1) Long bridge project.--The term ``Long Bridge Project'' 
        means the rail project, as identified by the Federal Railroad 
        Administration, from Rosslyn (RO) Interlocking in Arlington, 
        Virginia, to L'Enfant (LE) Interlocking in Washington, DC, which 
        includes a bicycle and pedestrian bridge.
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior, acting through the Director of the National 
        Park Service.
            (3) State.--The term ``State'' means the State of Virginia.

                         interagency motor pool

    Sec. 117.  Notwithstanding any other provision of law or Federal 
regulation, federally recognized Indian tribes or authorized tribal 
organizations that receive Tribally-Controlled School Grants pursuant to 
Public Law 100-297 may obtain interagency motor vehicles and related 
services for performance of any activities carried out under such grants 
to the same extent as if they were contracting under the Indian Self-
Determination and Education Assistance Act.

                  national heritage areas and corridors

    Sec. 118. (a) Section 109(a) of the Quinebaug and Shetucket Rivers 
Valley National Heritage Corridor Act of 1994 (title I of Public Law 
103-449), <<NOTE: 54 USC 320101 note.>>  is amended by striking 
``$17,000,000'' and inserting ``$19,000,000''.

    (b) Section 409(a) of the Steel Industry American Heritage Area Act 
of 1996 <<NOTE: 54 USC 320101 note.>>  (title IV of division II of 
Public Law 104-333) is amended by striking ``$20,000,000'' and inserting 
``$22,000,000''.

    (c) Section 608(a) of the South Carolina National Heritage Corridor 
Act of 1996 (title VI of division II of Public Law 104-333) <<NOTE: 54 
USC 320101 note.>>  is amended by striking ``$17,000,000'' and inserting 
``$19,000,000''.

    (d) Subsection 157(h)(1) of the Wheeling National Heritage Area Act 
of 2000 (section 157 of Public Law 106-291) <<NOTE: 54 USC 320101 
note.>>  is amended by striking ``$15,000,000'' and inserting 
``$17,000,000''.

    (e) Sections 411, 432, and 451 of title IV of the Consolidated 
Natural Resources Act of 2008 (Public Law 110-229), <<NOTE: 54 USC 
320101 note.>> are each amended by striking ``the date that is 15 years 
after the date of'' and all that follows through the end of each section 
and inserting ``September 30, 2024.''.

[[Page 136 STAT. 4789]]

    (f) Section 512 of the National Aviation Heritage Area Act (title V 
of division J of Public Law 108-447), <<NOTE: 54 USC 320101 note.>>  is 
amended by striking ``2022'' and inserting ``2024''.

    (g) Section 608 of the Oil Region National Heritage Area Act (title 
VI of Public Law 108-447) <<NOTE: 54 USC 320101 note.>>  is amended by 
striking ``2022'' and inserting ``2024''.

    (h) Section 125(a) of Public Law 98-398, as amended by section 402 
of Public Law 109-338 (120 Stat. 1853) <<NOTE: 54 USC 320101 note.>> , 
is amended by striking ``$10,000,000'' and inserting ``$12,000,000''.

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

                         appraiser pay authority

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

                               sage-grouse

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

                        state conservation grants

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

                      lowell national historic park

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

                visitor experience improvement authority

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

[[Page 136 STAT. 4790]]

                      delaware water gap authority

    Sec. 124. <<NOTE: Applicability.>>   Section 4(b) of The Delaware 
Water Gap National Recreation Area Improvement Act, as amended by 
section 1 of Public Law 115-101, shall be applied by substituting 
``2023'' for ``2021''.

                                TITLE II

                     ENVIRONMENTAL PROTECTION AGENCY

                         Science and Technology

    For science and technology, including research and development 
activities, which shall include research and development activities 
under the Comprehensive Environmental Response, Compensation, and 
Liability Act of 1980; necessary expenses for personnel and related 
costs and travel expenses; procurement of laboratory equipment and 
supplies; hire, maintenance, and operation of aircraft; and other 
operating expenses in support of research and development, $802,276,000, 
to remain available until September 30, 2024:  Provided, That of the 
funds included under this heading, $30,751,000 shall be for Research: 
National Priorities as specified in the explanatory statement described 
in section 4 (in the matter preceding division A of this consolidated 
Act), of which $13,251,000 shall be for projects specified for Science 
and Technology in the table titled ``Interior and Environment 
Incorporation of Community Project Funding Items/Congressionally 
Directed Spending Items'' included for this division in the explanatory 
statement described in section 4 (in the matter preceding division A of 
this consolidated Act).

                  Environmental Programs and Management

    For environmental programs and management, including necessary 
expenses not otherwise provided for, for personnel and related costs and 
travel expenses; hire of passenger motor vehicles; hire, maintenance, 
and operation of aircraft; purchase of reprints; library memberships in 
societies or associations which issue publications to members only or at 
a price to members lower than to subscribers who are not members; 
administrative costs of the brownfields program under the Small Business 
Liability Relief and Brownfields Revitalization Act of 2002; 
implementation of a coal combustion residual permit program under 
section 2301 of the Water and Waste Act of 2016; and not to exceed 
$9,000 for official reception and representation expenses, 
$3,286,330,000, to remain available until September 30, 2024:  Provided, 
That funds included under this heading may be used for environmental 
justice implementation and training grants, and associated program 
support costs:  Provided further, That of the funds included under this 
heading--
            (1) $30,700,000 shall be for Environmental Protection: 
        National Priorities as specified in the explanatory statement 
        described in section 4 (in the matter preceding division A of 
        this consolidated Act);
            (2) $681,726,000 shall be for Geographic Programs as 
        specified in the explanatory statement described in section 4 
        (in the matter preceding division A of this consolidated Act); 
        and

[[Page 136 STAT. 4791]]

            (3) $20,000,000, to remain available until expended, shall 
        be for grants, including grants that may be awarded on a non-
        competitive basis, interagency agreements, and associated 
        program support costs to establish and implement a program to 
        assist Alaska Native Regional Corporations, Alaskan Native 
        Village Corporations, federally-recognized tribes in Alaska, 
        Alaska Native Non-Profit Organizations and Alaska Native 
        Nonprofit Associations, and intertribal consortia comprised of 
        Alaskan tribal entities to address contamination on lands 
        conveyed under or pursuant to the Alaska Native Claims 
        Settlement Act (43 U.S.C. 1601 et seq.) that were or are 
        contaminated at the time of conveyance and are on an inventory 
        of such lands developed and maintained by the Environmental 
        Protection Agency:  Provided, 
        That <<NOTE: Grants. Contracts.>> grants awarded using funds 
        made available in this paragraph may be used by a recipient to 
        supplement other funds provided by the Environmental Protection 
        Agency through individual media or multi-media grants or 
        cooperative agreements:  Provided further, That of the amounts 
        made available in this paragraph, in addition to amounts 
        otherwise available for such purposes, the Environmental 
        Protection Agency may reserve up to $2,000,000 for salaries, 
        expenses, and administration.

In addition, $9,000,000, to remain available until expended, for 
necessary expenses of activities described in section 26(b)(1) of the 
Toxic Substances Control Act (15 U.S.C. 2625(b)(1)):  Provided, That 
fees collected pursuant to that section of that Act and deposited in the 
``TSCA Service Fee Fund'' as discretionary offsetting receipts in fiscal 
year 2023 shall be retained and used for necessary salaries and expenses 
in this appropriation and shall remain available until expended:  
Provided further, <<NOTE: Reduction.>> That the sum herein appropriated 
in this paragraph from the general fund for fiscal year 2023 shall be 
reduced by the amount of discretionary offsetting receipts received 
during fiscal year 2023, so as to result in a final fiscal year 2023 
appropriation from the general fund estimated at not more than $0:  
Provided further, That to the extent that amounts realized from such 
receipts exceed $9,000,000, those amount in excess of $9,000,000 shall 
be deposited in the ``TSCA Service Fee Fund'' as discretionary 
offsetting receipts in fiscal year 2023, shall be retained and used for 
necessary salaries and expenses in this account, and shall remain 
available until expended:  Provided further, <<NOTE: Allocation.>> That 
of the funds included in the first paragraph under this heading, the 
Chemical Risk Review and Reduction program project shall be allocated 
for this fiscal year, excluding the amount of any fees appropriated, not 
less than the amount of appropriations for that program project for 
fiscal year 2014.

                       Office of Inspector General

    For necessary expenses of the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, 
$44,030,000, to remain available until September 30, 2024.

                        Buildings and Facilities

    For construction, repair, improvement, extension, alteration, and 
purchase of fixed equipment or facilities of, or for use by, the 
Environmental Protection Agency, $48,752,000, to remain available until 
expended.

[[Page 136 STAT. 4792]]

                      Hazardous Substance Superfund

                     (including transfers of funds)

    For necessary expenses to carry out the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980 (CERCLA), including 
sections 111(c)(3), (c)(5), (c)(6), and (e)(4) (42 U.S.C. 9611), and 
hire, maintenance, and operation of aircraft, $1,282,700,000, to remain 
available until expended, consisting of such sums as are available in 
the Trust Fund on September 30, 2022, and not otherwise appropriated 
from the Trust Fund, as authorized by section 517(a) of the Superfund 
Amendments and Reauthorization Act of 1986 (SARA) and up to 
$1,282,700,000 as a payment from general revenues to the Hazardous 
Substance Superfund for purposes as authorized by section 517(b) of 
SARA:  Provided, That funds <<NOTE: Allocations.>> appropriated under 
this heading may be allocated to other Federal agencies in accordance 
with section 111(a) of CERCLA:  Provided further, That of the funds 
appropriated under this heading, $11,800,000 shall be paid to the 
``Office of Inspector General'' appropriation to remain available until 
September 30, 2024, and $31,607,000 shall be paid to the ``Science and 
Technology'' appropriation to remain available until September 30, 2024.

           Leaking Underground Storage Tank Trust Fund Program

    For necessary expenses to carry out leaking underground storage tank 
cleanup activities authorized by subtitle I of the Solid Waste Disposal 
Act, $93,205,000, to remain available until expended, of which 
$67,425,000 shall be for carrying out leaking underground storage tank 
cleanup activities authorized by section 9003(h) of the Solid Waste 
Disposal Act; $25,780,000 shall be for carrying out the other provisions 
of the Solid Waste Disposal Act specified in section 9508(c) of the 
Internal Revenue Code:  Provided, That the Administrator is authorized 
to use appropriations made available under this heading to implement 
section 9013 of the Solid Waste Disposal Act to provide financial 
assistance to federally recognized Indian tribes for the development and 
implementation of programs to manage underground storage tanks.

                        Inland Oil Spill Programs

    For expenses necessary to carry out the Environmental Protection 
Agency's responsibilities under the Oil Pollution Act of 1990, including 
hire, maintenance, and operation of aircraft, $22,072,000, to be derived 
from the Oil Spill Liability trust fund, to remain available until 
expended.

                   State and Tribal Assistance Grants

                     (including rescission of funds)

    For environmental programs and infrastructure assistance, including 
capitalization grants for State revolving funds and performance 
partnership grants, $4,480,428,000, to remain available until expended, 
of which--
            (1) $1,638,861,000 shall be for making capitalization grants 
        for the Clean Water State Revolving Funds under title VI of the 
        Federal Water Pollution Control Act; and of which

[[Page 136 STAT. 4793]]

        $1,126,101,000 shall be for making capitalization grants for the 
        Drinking Water State Revolving Funds under section 1452 of the 
        Safe Drinking Water Act:  Provided, That $863,108,642 of the 
        funds made available for capitalization grants for the Clean 
        Water State Revolving Funds and $609,255,899 of the funds made 
        available for capitalization grants for the Drinking Water State 
        Revolving Funds shall be for the construction of drinking water, 
        wastewater, and storm water infrastructure and for water quality 
        protection in accordance with the terms and conditions specified 
        for such grants in the explanatory statement described in 
        section 4 (in the matter preceding division A of this 
        consolidated Act) for projects specified for ``STAG--Drinking 
        Water SRF'' and ``STAG--Clean Water SRF'' in the table titled 
        ``Interior and Environment Incorporation of Community Project 
        Funding Items/Congressionally Directed Spending Items'' included 
        for this division in the explanatory statement described in 
        section 4 (in the matter preceding division A of this 
        consolidated Act), and, for purposes of these grants, each 
        grantee shall contribute not less than 20 percent of the cost of 
        the project unless the grantee is approved for a waiver by the 
        Agency:  Provided further, That for fiscal year 2023, to the 
        extent there are sufficient eligible project applications and 
        projects are consistent with State Intended Use Plans, not less 
        than 10 percent of the funds made available under this title to 
        each State for Clean Water State Revolving Fund capitalization 
        grants shall be used by the State for projects to address green 
        infrastructure, water or energy efficiency improvements, or 
        other environmentally innovative activities:  Provided further, 
        That for fiscal year 2023, funds made available under this title 
        to each State for Drinking Water State Revolving Fund 
        capitalization grants may, at the discretion of each State, be 
        used for projects to address green infrastructure, water or 
        energy efficiency improvements, or other environmentally 
        innovative activities:  Provided further, That the Administrator 
        is authorized to use up to $1,500,000 of funds made available 
        for the Clean Water State Revolving Funds under this heading 
        under title VI of the Federal Water Pollution Control Act (33 
        U.S.C. 1381) to conduct the Clean Watersheds Needs Survey:  
        Provided further, That notwithstanding section 603(d)(7) of the 
        Federal Water Pollution Control Act, the limitation on the 
        amounts in a State water pollution control revolving fund that 
        may be used by a State to administer the fund shall not apply to 
        amounts included as principal in loans made by such fund in 
        fiscal year 2023 and prior years where such amounts represent 
        costs of administering the fund to the extent that such amounts 
        are or were deemed reasonable by the Administrator, accounted 
        for separately from other assets in the fund, and used for 
        eligible purposes of the fund, including administration:  
        Provided further, <<NOTE: Territories. District of 
        Columbia.>> That for fiscal year 2023, notwithstanding the 
        provisions of subsections (g)(1), (h), and (l) of section 201 of 
        the Federal Water Pollution Control Act, grants made under title 
        II of such Act for American Samoa, Guam, the Commonwealth of the 
        Northern Marianas, the United States Virgin Islands, and the 
        District of Columbia may also be made for the purpose of 
        providing assistance:

[[Page 136 STAT. 4794]]

        (1) solely for facility plans, design activities, or plans, 
        specifications, and estimates for any proposed project for the 
        construction of treatment works; and (2) for the construction, 
        repair, or replacement of privately owned treatment works 
        serving one or more principal residences or small commercial 
        establishments:  Provided further, That for fiscal year 2023, 
        notwithstanding the provisions of such subsections (g)(1), (h), 
        and (l) of section 201 and section 518(c) of the Federal Water 
        Pollution Control Act, funds reserved by the Administrator for 
        grants under section 518(c) of the Federal Water Pollution 
        Control Act may also be used to provide assistance: (1) solely 
        for facility plans, design activities, or plans, specifications, 
        and estimates for any proposed project for the construction of 
        treatment works; and (2) for the construction, repair, or 
        replacement of privately owned treatment works serving one or 
        more principal residences or small commercial establishments:  
        Provided further, That for fiscal year 2023, notwithstanding any 
        provision of the Federal Water Pollution Control Act and 
        regulations issued pursuant thereof, up to a total of $2,000,000 
        of the funds reserved by the Administrator for grants under 
        section 518(c) of such Act may also be used for grants for 
        training, technical assistance, and educational programs 
        relating to the operation and management of the treatment works 
        specified in section 518(c) of such Act:  Provided 
        further, <<NOTE: Oklahoma. Determination.>> That for fiscal year 
        2023, funds reserved under section 518(c) of such Act shall be 
        available for grants only to Indian tribes, as defined in 
        section 518(h) of such Act and former Indian reservations in 
        Oklahoma (as determined by the Secretary of the Interior) and 
        Native Villages as defined in Public Law 92-203:  Provided 
        further, That for fiscal year 2023, notwithstanding the 
        limitation on amounts in section 518(c) of the Federal Water 
        Pollution Control Act, up to a total of 2 percent of the funds 
        appropriated, or $30,000,000, whichever is greater, and 
        notwithstanding the limitation on amounts in section 1452(i) of 
        the Safe Drinking Water Act, up to a total of 2 percent of the 
        funds appropriated, or $20,000,000, whichever is greater, for 
        State Revolving Funds under such Acts may be reserved by the 
        Administrator for grants under section 518(c) and section 
        1452(i) of such Acts:  Provided 
        further, <<NOTE: Territories.>> That for fiscal year 2023, 
        notwithstanding the amounts specified in section 205(c) of the 
        Federal Water Pollution Control Act, up to 1.5 percent of the 
        aggregate funds appropriated for the Clean Water State Revolving 
        Fund program under the Act less any sums reserved under section 
        518(c) of the Act, may be reserved by the Administrator for 
        grants made under title II of the Federal Water Pollution 
        Control Act for American Samoa, Guam, the Commonwealth of the 
        Northern Marianas, and United States Virgin Islands:  Provided 
        further, That for fiscal year 2023, notwithstanding the 
        limitations on amounts specified in section 1452(j) of the Safe 
        Drinking Water Act, up to 1.5 percent of the funds appropriated 
        for the Drinking Water State Revolving Fund programs under the 
        Safe Drinking Water Act may be reserved by the Administrator for 
        grants made under section 1452(j) of the Safe Drinking Water 
        Act:  Provided further, <<NOTE: Determination.>> That 10 percent 
        of the funds made available under this title to each State for 
        Clean Water State Revolving Fund capitalization grants and 14 
        percent of the funds made available under this title

[[Page 136 STAT. 4795]]

        to each State for Drinking Water State Revolving Fund 
        capitalization grants shall be used by the State to provide 
        additional subsidy to eligible recipients in the form of 
        forgiveness of principal, negative interest loans, or grants (or 
        any combination of these), and shall be so used by the State 
        only where such funds are provided as initial financing for an 
        eligible recipient or to buy, refinance, or restructure the debt 
        obligations of eligible recipients only where such debt was 
        incurred on or after the date of enactment of this Act, or where 
        such debt was incurred prior to the date of enactment of this 
        Act if the State, with concurrence from the Administrator, 
        determines that such funds could be used to help address a 
        threat to public health from heightened exposure to lead in 
        drinking water or if a Federal or State emergency declaration 
        has been issued due to a threat to public health from heightened 
        exposure to lead in a municipal drinking water supply before the 
        date of enactment of this Act:  Provided further, That in a 
        State in which such an emergency declaration has been issued, 
        the State may use more than 14 percent of the funds made 
        available under this title to the State for Drinking Water State 
        Revolving Fund capitalization grants to provide additional 
        subsidy to eligible recipients:  Provided further, That 
        notwithstanding section 1452(o) of the Safe Drinking Water Act 
        (42 U.S.C. 300j-12(o)), the Administrator shall reserve 
        $12,000,000 of the amounts made available for fiscal year 2023 
        for making capitalization grants for the Drinking Water State 
        Revolving Funds to pay the costs of monitoring for unregulated 
        contaminants under section 1445(a)(2)(C) of such Act:  Provided 
        further, That of the unobligated balances available in the 
        ``State and Tribal Assistance Grants'' account appropriated 
        prior to fiscal year 2012 for ``special project grants'' or 
        ``special needs infrastructure grants,'' or for the 
        administration, management, and oversight of such grants, 
        $13,300,000 are permanently rescinded:  Provided further, That 
        no amounts may be rescinded from amounts that were designated by 
        the Congress as an emergency requirement pursuant to a 
        Concurrent Resolution on the Budget or the Balanced Budget and 
        Emergency Deficit Control Act of 1985;
            (2) $36,386,000 shall be for architectural, engineering, 
        planning, design, construction and related activities in 
        connection with the construction of high priority water and 
        wastewater facilities in the area of the United States-Mexico 
        Border, after consultation with the appropriate border 
        commission:  Provided, That no funds provided by this 
        appropriations Act to address the water, wastewater and other 
        critical infrastructure needs of the colonias in the United 
        States along the United States-Mexico border shall be made 
        available to a county or municipal government unless that 
        government has established an enforceable local ordinance, or 
        other zoning rule, which prevents in that jurisdiction the 
        development or construction of any additional colonia areas, or 
        the development within an existing colonia the construction of 
        any new home, business, or other structure which lacks water, 
        wastewater, or other necessary infrastructure;
            (3) $39,686,000 shall be for grants to the State of Alaska 
        to address drinking water and wastewater infrastructure needs of 
        rural and Alaska Native Villages:  
        Provided, <<NOTE: Alaska.>> That of these

[[Page 136 STAT. 4796]]

        funds: (A) the State of Alaska shall provide a match of 25 
        percent; (B) no more than 5 percent of the funds may be used for 
        administrative and overhead expenses; and (C) the State of 
        Alaska shall make awards consistent with the Statewide priority 
        list established in conjunction with the Agency and the U.S. 
        Department of Agriculture for all water, sewer, waste disposal, 
        and similar projects carried out by the State of Alaska that are 
        funded under section 221 of the Federal Water Pollution Control 
        Act (33 U.S.C. 1301) or the Consolidated Farm and Rural 
        Development Act (7 U.S.C. 1921 et seq.) which shall allocate not 
        less than 25 percent of the funds provided for projects in 
        regional hub communities;
            (4) $100,000,000 shall be to carry out section 104(k) of the 
        Comprehensive Environmental Response, Compensation, and 
        Liability Act of 1980 (CERCLA), including grants, interagency 
        agreements, and associated program support costs:  
        Provided, <<NOTE: Allocations.>> That at least 10 percent shall 
        be allocated for assistance in persistent poverty counties:  
        Provided further, <<NOTE: Definition.>>  That for purposes of 
        this section, the term ``persistent poverty counties'' means any 
        county that has had 20 percent or more of its population living 
        in poverty over the past 30 years, as measured by the 1993 Small 
        Area Income and Poverty Estimates, the 2000 decennial census, 
        and the most recent Small Area Income and Poverty Estimates, or 
        any territory or possession of the United States;
            (5) $100,000,000 shall be for grants under title VII, 
        subtitle G of the Energy Policy Act of 2005;
            (6) $69,927,000 shall be for targeted airshed grants in 
        accordance with the terms and conditions in the explanatory 
        statement described in section 4 (in the matter preceding 
        division A of this consolidated Act);
            (7) $30,158,000 shall be for grants under subsections (a) 
        through (j) of section 1459A of the Safe Drinking Water Act (42 
        U.S.C. 300j-19a);
            (8) $30,500,000 shall be for grants under section 1464(d) of 
        the Safe Drinking Water Act (42 U.S.C. 300j-24(d));
            (9) $25,011,000 shall be for grants under section 1459B of 
        the Safe Drinking Water Act (42 U.S.C. 300j-19b);
            (10) $7,000,000 shall be for grants under section 1459A(l) 
        of the Safe Drinking Water Act (42 U.S.C. 300j-19a(l));
            (11) $27,000,000 shall be for grants under section 104(b)(8) 
        of the Federal Water Pollution Control Act (33 U.S.C. 
        1254(b)(8));
            (12) $50,000,000 shall be for grants under section 221 of 
        the Federal Water Pollution Control Act (33 U.S.C. 1301);
            (13) $6,000,000 shall be for grants under section 4304(b) of 
        the America's Water Infrastructure Act of 2018 (Public Law 115-
        270);
            (14) $6,500,000 shall be for carrying out section 302(a) of 
        the Save Our Seas 2.0 Act (33 U.S.C. 4283(a)), of which not more 
        than 2 percent shall be for administrative costs to carry out 
        such section:  
        Provided, <<NOTE: Oklahoma. Determination. Alaska.>> That 
        notwithstanding section 302(a) of such Act, the Administrator 
        may also provide grants pursuant to such authority to 
        intertribal consortia consistent with the requirements in 40 CFR 
        35.504(a), to former Indian reservations in Oklahoma (as 
        determined by the Secretary of

[[Page 136 STAT. 4797]]

        the Interior), and Alaska Native Villages as defined in Public 
        Law 92-203;
            (15) $7,000,000 shall be for grants under section 103(b)(3) 
        of the Clean Air Act for wildfire smoke preparedness grants in 
        accordance with the terms and conditions in the explanatory 
        statement described in section 4 (in the matter preceding 
        division A of this consolidated Act):  Provided, That not more 
        than 3 percent shall be for administrative costs to carry out 
        such section;
            (16) $16,973,000 shall be for State and Tribal Assistance 
        Grants to be allocated in the amounts specified for those 
        projects and for the purposes delineated in the table titled 
        ``Interior and Environment Incorporation of Community Project 
        Funding Items/Congressionally Directed Spending Items'' included 
        for this division in the explanatory statement described in 
        section 4 (in the matter preceding division A of this 
        consolidated Act) for remediation, construction, and related 
        environmental management activities in accordance with the terms 
        and conditions specified for such grants in the explanatory 
        statement described in section 4 (in the matter preceding 
        division A of this consolidated Act);
            (17) $5,000,000 shall be for grants under section 1459F of 
        the Safe Drinking Water Act (42 U.S.C. 300j-19g);
            (18) $4,000,000 shall be for carrying out section 2001 of 
        the America's Water Infrastructure Act of 2018 (Public Law 115-
        270, 42 U.S.C. 300j-3c note):  
        Provided, <<NOTE: Contracts.>> That the Administrator may award 
        grants to and enter into contracts with tribes, intertribal 
        consortia, public or private agencies, institutions, 
        organizations, and individuals, without regard to section 
        3324(a) and (b) of title 31 and section 6101 of title 41, United 
        States Code, and enter into interagency agreements as 
        appropriate;
            (19) $3,000,000 shall be for grants under section 50217(b) 
        of the Infrastructure Investment and Jobs Act (33 U.S.C. 
        1302f(b); Public Law 117-58);
            (20) $4,000,000 shall be for grants under section 124 of the 
        Federal Water Pollution Control Act (33 U.S.C. 1276); and
            (21) $1,160,625,000 shall be for grants, including 
        associated program support costs, to States, federally 
        recognized Tribes, interstate agencies, tribal consortia, and 
        air pollution control agencies for multi-media or single media 
        pollution prevention, control and abatement, and related 
        activities, including activities pursuant to the provisions set 
        forth under this heading in Public Law 104-134, and for making 
        grants under section 103 of the Clean Air Act for particulate 
        matter monitoring and data collection activities subject to 
        terms and conditions specified by the Administrator, and under 
        section 2301 of the Water and Waste Act of 2016 to assist States 
        in developing and implementing programs for control of coal 
        combustion residuals, of which: $47,195,000 shall be for 
        carrying out section 128 of CERCLA; $10,836,000 shall be for 
        Environmental Information Exchange Network grants, including 
        associated program support costs; $1,505,000 shall be for grants 
        to States under section 2007(f)(2) of the Solid Waste Disposal 
        Act, which shall be in addition to funds appropriated under the 
        heading ``Leaking Underground Storage Tank Trust Fund Program'' 
        to carry out the provisions of the Solid Waste Disposal Act

[[Page 136 STAT. 4798]]

        specified in section 9508(c) of the Internal Revenue Code other 
        than section 9003(h) of the Solid Waste Disposal Act; 
        $18,512,000 of the funds available for grants under section 106 
        of the Federal Water Pollution Control Act shall be for State 
        participation in national- and State-level statistical surveys 
        of water resources and enhancements to State monitoring 
        programs.

       Water Infrastructure Finance and Innovation Program Account

     <<NOTE: Loans.>> For the cost of direct loans and for the cost of 
guaranteed loans, as authorized by the Water Infrastructure Finance and 
Innovation Act of 2014, $68,000,000, to remain available until expended: 
 Provided, That such costs, including the cost of modifying such loans, 
shall be as defined in section 502 of the Congressional Budget Act of 
1974:  Provided further, That these funds are available to subsidize 
gross obligations for the principal amount of direct loans, including 
capitalized interest, and total loan principal, including capitalized 
interest, any part of which is to be guaranteed, not to exceed 
$12,500,000,000:  Provided further, That of the funds made available 
under this heading, $5,000,000 shall be used solely for the cost of 
direct loans and for the cost of guaranteed loans for projects described 
in section 5026(9) of the Water Infrastructure Finance and Innovation 
Act of 2014 to State infrastructure financing authorities, as authorized 
by section 5033(e) of such Act:  Provided further, 
That <<NOTE: Criteria.>> the use of direct loans or loan guarantee 
authority under this heading for direct loans or commitments to 
guarantee loans for any project shall be in accordance with the criteria 
published in the Federal Register on June 30, 2020 (85 FR 39189) 
pursuant to the fourth proviso under the heading ``Water Infrastructure 
Finance and Innovation Program Account'' in division D of the Further 
Consolidated Appropriations Act, 2020 (Public Law 116-94):  Provided 
further, That <<NOTE: Certification. Compliance.>> none of the direct 
loans or loan guarantee authority made available under this heading 
shall be available for any project unless the Administrator and the 
Director of the Office of Management and Budget have certified in 
advance in writing that the direct loan or loan guarantee, as 
applicable, and the project comply with the criteria referenced in the 
previous proviso:  Provided further, <<NOTE: Records.>> That, for the 
purposes of carrying out the Congressional Budget Act of 1974, the 
Director of the Congressional Budget Office may request, and the 
Administrator shall promptly provide, documentation and information 
relating to a project identified in a Letter of Interest submitted to 
the Administrator pursuant to a Notice of Funding Availability for 
applications for credit assistance under the Water Infrastructure 
Finance and Innovation Act Program, including with respect to a project 
that was initiated or completed before the date of enactment of this 
Act.

    In addition, fees authorized to be collected pursuant to sections 
5029 and 5030 of the Water Infrastructure Finance and Innovation Act of 
2014 shall be deposited in this account, to remain available until 
expended.
    In addition, for administrative expenses to carry out the direct and 
guaranteed loan programs, notwithstanding section 5033 of the Water 
Infrastructure Finance and Innovation Act of 2014, $7,640,000, to remain 
available until September 30, 2024.

[[Page 136 STAT. 4799]]

       Administrative Provisions--Environmental Protection Agency

                     (including transfers of funds)

     <<NOTE: Contracts. Native Americans.>> For fiscal year 2023, 
notwithstanding 31 U.S.C. 6303(1) and 6305(1), the Administrator of the 
Environmental Protection Agency, in carrying out the Agency's function 
to implement directly Federal environmental programs required or 
authorized by law in the absence of an acceptable tribal program, may 
award cooperative agreements to federally recognized Indian tribes or 
Intertribal consortia, if authorized by their member tribes, to assist 
the Administrator in implementing Federal environmental programs for 
Indian tribes required or authorized by law, except that no such 
cooperative agreements may be awarded from funds designated for State 
financial assistance agreements.

     <<NOTE: Fees.>> The Administrator of the Environmental Protection 
Agency is authorized to collect and obligate pesticide registration 
service fees in accordance with section 33 of the Federal Insecticide, 
Fungicide, and Rodenticide Act (7 U.S.C. 136w-8), to remain available 
until expended.

     <<NOTE: Fees.>> Notwithstanding section 33(d)(2) of the Federal 
Insecticide, Fungicide, and Rodenticide Act (FIFRA) (7 U.S.C. 136w-
8(d)(2)), the Administrator of the Environmental Protection Agency may 
assess fees under section 33 of FIFRA (7 U.S.C. 136w-8) for fiscal year 
2023.

     <<NOTE: Fees.>> The Administrator of the Environmental Protection 
Agency is authorized to collect and obligate fees in accordance with 
section 3024 of the Solid Waste Disposal Act (42 U.S.C. 6939g) for 
fiscal year 2023, to remain available until expended.

    The Administrator is authorized to transfer up to $368,000,000 of 
the funds appropriated for the Great Lakes Restoration Initiative under 
the heading ``Environmental Programs and Management'' to the head of any 
Federal department or agency, with the concurrence of such head, to 
carry out activities that would support the Great Lakes Restoration 
Initiative and Great Lakes Water Quality Agreement programs, projects, 
or activities; to enter into an interagency agreement with the head of 
such Federal department or agency to carry out these activities; and to 
make grants to governmental entities, nonprofit organizations, 
institutions, and individuals for planning, research, monitoring, 
outreach, and implementation in furtherance of the Great Lakes 
Restoration Initiative and the Great Lakes Water Quality Agreement.
    The Science and Technology, Environmental Programs and Management, 
Office of Inspector General, Hazardous Substance Superfund, and Leaking 
Underground Storage Tank Trust Fund Program Accounts, are available for 
the construction, alteration, repair, rehabilitation, and renovation of 
facilities, provided that the cost does not exceed $300,000 per project.
     <<NOTE: Grants.>> For fiscal year 2023, and notwithstanding section 
518(f) of the Federal Water Pollution Control Act (33 U.S.C. 1377(f)), 
the Administrator is authorized to use the amounts appropriated for any 
fiscal year under section 319 of the Act to make grants to Indian tribes 
pursuant to sections 319(h) and 518(e) of that Act.

[[Page 136 STAT. 4800]]

     <<NOTE: Grants.>> The Administrator is authorized to use the 
amounts appropriated under the heading ``Environmental Programs and 
Management'' for fiscal year 2023 to provide grants to implement the 
Southeastern New England Watershed Restoration Program.

    Notwithstanding the limitations on amounts in section 320(i)(2)(B) 
of the Federal Water Pollution Control Act, not less than $2,500,000 of 
the funds made available under this title for the National Estuary 
Program shall be for making competitive awards described in section 
320(g)(4).
     <<NOTE: Contracts.>> For fiscal year 2023, the Office of Chemical 
Safety and Pollution Prevention and the Office of Water may, using funds 
appropriated under the headings ``Environmental Programs and 
Management'' and ``Science and Technology'', contract directly with 
individuals or indirectly with institutions or nonprofit organizations, 
without regard to 41 U.S.C. 5, for the temporary or intermittent 
personal services of students or recent graduates, who shall be 
considered employees for the purposes of chapters 57 and 81 of title 5, 
United States Code, relating to compensation for travel and work 
injuries, and chapter 171 of title 28, United States Code, relating to 
tort claims, but shall not be considered to be Federal employees for any 
other purpose:  Provided, That amounts used for this purpose by the 
Office of Chemical Safety and Pollution Prevention and the Office of 
Water collectively may not exceed $2,000,000.

                                TITLE III

                            RELATED AGENCIES

                        DEPARTMENT OF AGRICULTURE

   office of the under secretary for natural resources and environment

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

                             Forest Service

                        forest service operations

                     (including transfers of funds)

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

[[Page 136 STAT. 4801]]

telecommunication expenses of the Forest Service, as well as business 
services; and, for information technology, including cyber security 
requirements:  Provided further, That funds provided under this heading 
may be used for necessary expenses to carry out administrative and 
general management support functions of the Forest Service not otherwise 
provided for and necessary for its operation.

                      forest and rangeland research

    For necessary expenses of forest and rangeland research as 
authorized by law, $307,273,000, to remain available through September 
30, 2026:  Provided, That of the funds provided, $32,197,000 is for the 
forest inventory and analysis program:  Provided further, That all 
authorities for the use of funds, including the use of contracts, 
grants, and cooperative agreements, available to execute the Forest and 
Rangeland Research appropriation, are also available in the utilization 
of these funds for Fire Science Research.

                       state and private forestry

    For necessary expenses of cooperating with and providing technical 
and financial assistance to States, territories, possessions, and 
others, and for forest health management, including for invasive plants, 
and conducting an international program and trade compliance activities 
as authorized, $337,758,000, to remain available through September 30, 
2026, as authorized by law, of which $30,167,000 shall be for projects 
specified for Forest Resource Information and Analysis in the table 
titled ``Interior and Environment Incorporation of Community Project 
Funding Items/Congressionally Directed Spending Items'' included for 
this division in the explanatory statement described in section 4 (in 
the matter preceding division A of this consolidated Act).

                         national forest system

    For necessary expenses of the Forest Service, not otherwise provided 
for, for management, protection, improvement, and utilization of the 
National Forest System, and for hazardous fuels management on or 
adjacent to such lands, $1,974,388,000, to remain available through 
September 30, 2026:  Provided, That of the funds provided, $32,000,000 
shall be deposited in the Collaborative Forest Landscape Restoration 
Fund for ecological restoration treatments as authorized by 16 U.S.C. 
7303(f):  Provided further, <<NOTE: Applicability.>> That for the funds 
provided in the preceding proviso, section 4003(d)(3)(A) of the Omnibus 
Public Land Management Act of 2009 (16 U.S.C. 7303(d)(3)(A)) shall be 
applied by substituting ``20'' for ``10'' and section 4003(d)(3)(B) of 
the Omnibus Public Land Management Act of 2009 (16 U.S.C. 7303(d)(3)(B)) 
shall be applied by substituting ``4'' for ``2'':  Provided further, 
That of the funds provided, $40,000,000 shall be for forest products:  
Provided further, That of the funds provided, $207,000,000 shall be for 
hazardous fuels management activities, of which not to exceed 
$20,000,000 may be used to make grants, using any authorities available 
to the Forest Service under the ``State and Private Forestry'' 
appropriation, for the purpose of creating incentives for increased use 
of biomass from National Forest System lands:  Provided 
further, <<NOTE: Determination.>>  That $20,000,000 may be used by the 
Secretary of Agriculture to enter into procurement

[[Page 136 STAT. 4802]]

contracts or cooperative agreements or to issue grants for hazardous 
fuels management activities, and for training or monitoring associated 
with such hazardous fuels management activities on Federal land, or on 
non-Federal land if the Secretary determines such activities benefit 
resources on Federal land:  Provided further, That funds made available 
to implement the Community Forest Restoration Act, Public Law 106-393, 
title VI, shall be available for use on non-Federal lands in accordance 
with authorities made available to the Forest Service under the ``State 
and Private Forestry'' appropriation:  Provided 
further, <<NOTE: Fees. Advance approval. 43 USC 1751 note.>> That 
notwithstanding section 33 of the Bankhead Jones Farm Tenant Act (7 
U.S.C. 1012), the Secretary of Agriculture, in calculating a fee for 
grazing on a National Grassland, may provide a credit of up to 50 
percent of the calculated fee to a Grazing Association or direct 
permittee for a conservation practice approved by the Secretary in 
advance of the fiscal year in which the cost of the conservation 
practice is incurred, and that the amount credited shall remain 
available to the Grazing Association or the direct permittee, as 
appropriate, in the fiscal year in which the credit is made and each 
fiscal year thereafter for use on the project for conservation practices 
approved by the Secretary:  Provided further, That funds appropriated to 
this account shall be available for the base salary and expenses of 
employees that carry out the functions funded by the ``Capital 
Improvement and Maintenance'' account, the ``Range Betterment Fund'' 
account, and the ``Management of National Forest Lands for Subsistence 
Uses'' account.

                   capital improvement and maintenance

                      (including transfer of funds)

    For necessary expenses of the Forest Service, not otherwise provided 
for, $158,048,000, to remain available through September 30, 2026, for 
construction, capital improvement, maintenance, and acquisition of 
buildings and other facilities and infrastructure; and for construction, 
reconstruction, and decommissioning of roads that are no longer needed, 
including unauthorized roads that are not part of the transportation 
system, and for maintenance of forest roads and trails by the Forest 
Service as authorized by 16 U.S.C. 532-538 and 23 U.S.C. 101 and 205:  
Provided, That $6,000,000 shall be for activities authorized by 16 
U.S.C. 538(a):  Provided further, That $5,048,000 shall be for projects 
specified for Construction Projects in the table titled ``Interior and 
Environment Incorporation of Community Project Funding Items/
Congressionally Directed Spending Items'' included for this division in 
the explanatory statement described in section 4 (in the matter 
preceding division A of this consolidated Act):  Provided further, That 
funds becoming available in fiscal year 2023 under the Act of March 4, 
1913 (16 U.S.C. 501) shall be transferred to the General Fund of the 
Treasury and shall not be available for transfer or obligation for any 
other purpose unless the funds are appropriated.

         acquisition of lands for national forests special acts

    For acquisition of lands within the exterior boundaries of the 
Cache, Uinta, and Wasatch National Forests, Utah; the Toiyabe National 
Forest, Nevada; and the Angeles, San Bernardino, Sequoia, and Cleveland 
National Forests, California; and the Ozark-St.

[[Page 136 STAT. 4803]]

Francis and Ouachita National Forests, Arkansas; as authorized by law, 
$664,000, to be derived from forest receipts.

             acquisition of lands to complete land exchanges

    For acquisition of lands, such sums, to be derived from funds 
deposited by State, county, or municipal governments, public school 
districts, or other public school authorities, and for authorized 
expenditures from funds deposited by non-Federal parties pursuant to 
Land Sale and Exchange Acts, pursuant to the Act of December 4, 1967 (16 
U.S.C. 484a), to remain available through September 30, 2026, (16 U.S.C. 
516-617a, 555a; Public Law 96-586; Public Law 76-589, Public Law 76-591; 
and Public Law 78-310).

                          range betterment fund

    For necessary expenses of range rehabilitation, protection, and 
improvement, 50 percent of all moneys received during the prior fiscal 
year, as fees for grazing domestic livestock on lands in National 
Forests in the 16 Western States, pursuant to section 401(b)(1) of 
Public Law 94-579, to remain available through September 30, 2026, of 
which not to exceed 6 percent shall be available for administrative 
expenses associated with on-the-ground range rehabilitation, protection, 
and improvements.

     gifts, donations and bequests for forest and rangeland research

    For expenses authorized by 16 U.S.C. 1643(b), $45,000, to remain 
available through September 30, 2026, to be derived from the fund 
established pursuant to the above Act.

        management of national forest lands for subsistence uses

    For necessary expenses of the Forest Service to manage Federal lands 
in Alaska for subsistence uses under title VIII of the Alaska National 
Interest Lands Conservation Act (16 U.S.C. 3111 et seq.), $1,099,000, to 
remain available through September 30, 2026.

                        wildland fire management

                     (including transfers of funds)

    For necessary expenses for forest fire presuppression activities on 
National Forest System lands, for emergency wildland fire suppression on 
or adjacent to such lands or other lands under fire protection 
agreement, and for emergency rehabilitation of burned-over National 
Forest System lands and water, $945,956,000, to remain available until 
expended:  Provided, That such funds, including unobligated balances 
under this heading, are available for repayment of advances from other 
appropriations accounts previously transferred for such purposes:  
Provided further, That any unobligated funds appropriated in a previous 
fiscal year for hazardous fuels management may be transferred to the 
``National Forest System'' account:  Provided 
further, <<NOTE: Reimbursements.>>  That such funds shall be available 
to reimburse State and other cooperating entities for services provided 
in response to wildfire and other emergencies or disasters to the extent 
such reimbursements by the Forest Service

[[Page 136 STAT. 4804]]

for non-fire emergencies are fully repaid by the responsible emergency 
management agency:  Provided further, That funds provided shall be 
available for support to Federal emergency response:  Provided further, 
That the costs of implementing any cooperative agreement between the 
Federal Government and any non-Federal entity may be shared, as mutually 
agreed on by the affected parties.

              wildfire suppression operations reserve fund

                     (including transfers of funds)

    In addition to the amounts provided under the heading ``Department 
of Agriculture--Forest Service--Wildland Fire Management'' for wildfire 
suppression operations, $2,210,000,000, to remain available until 
transferred, is additional new budget authority as specified for 
purposes of section 4004(b)(5) of S. Con. Res. 14 (117th Congress), the 
concurrent resolution on the budget for fiscal year 2022, and section 
1(g) of H. Res. 1151 (117th Congress), as engrossed in the House of 
Representatives on June 8, 2022:  Provided, That such amounts may be 
transferred to and merged with amounts made available under the headings 
``Department of the Interior--Department-Wide Programs--Wildland Fire 
Management'' and ``Department of Agriculture--Forest Service--Wildland 
Fire Management'' for wildfire suppression operations in the fiscal year 
in which such amounts are transferred:  Provided further, 
That <<NOTE: Notifications. Deadline.>> amounts may be transferred to 
the ``Wildland Fire Management'' accounts in the Department of the 
Interior or the Department of Agriculture only upon the notification of 
the House and Senate Committees on Appropriations that all wildfire 
suppression operations funds appropriated under that heading in this and 
prior appropriations Acts to the agency to which the funds will be 
transferred will be obligated within 30 days:  Provided further, That 
the transfer authority provided under this heading is in addition to any 
other transfer authority provided by law:  Provided further, 
That, <<NOTE: Determination. Deadline.>> in determining whether all 
wildfire suppression operations funds appropriated under the heading 
``Wildland Fire Management'' in this and prior appropriations Acts to 
either the Department of Agriculture or the Department of the Interior 
will be obligated within 30 days pursuant to the preceding proviso, any 
funds transferred or permitted to be transferred pursuant to any other 
transfer authority provided by law shall be excluded.

                   communications site administration

                      (including transfer of funds)

    Amounts collected in this fiscal year pursuant to section 8705(f)(2) 
of the Agriculture Improvement Act of 2018 (Public Law 115-334), shall 
be deposited in the special account established by section 8705(f)(1) of 
such Act, shall be available to cover the costs described in subsection 
(c)(3) of such section of such Act, and shall remain available until 
expended:  Provided, That such amounts shall be transferred to the 
``National Forest System'' account.

[[Page 136 STAT. 4805]]

                administrative provisions--forest service

                     (including transfers of funds)

    Appropriations to the Forest Service for the current fiscal year 
shall be available for: (1) purchase of passenger motor vehicles; 
acquisition of passenger motor vehicles from excess sources, and hire of 
such vehicles; purchase, lease, operation, maintenance, and acquisition 
of aircraft to maintain the operable fleet for use in Forest Service 
wildland fire programs and other Forest Service programs; 
notwithstanding other provisions of law, existing aircraft being 
replaced may be sold, with proceeds derived or trade-in value used to 
offset the purchase price for the replacement aircraft; (2) services 
pursuant to 7 U.S.C. 2225, and not to exceed $100,000 for employment 
under 5 U.S.C. 3109; (3) purchase, erection, and alteration of buildings 
and other public improvements (7 U.S.C. 2250); (4) acquisition of land, 
waters, and interests therein pursuant to 7 U.S.C. 428a; (5) for 
expenses pursuant to the Volunteers in the National Forest Act of 1972 
(16 U.S.C. 558a, 558d, and 558a note); (6) the cost of uniforms as 
authorized by 5 U.S.C. 5901-5902; and (7) for debt collection contracts 
in accordance with 31 U.S.C. 3718(c).
    Funds made available to the Forest Service in this Act may be 
transferred between accounts affected by the Forest Service budget 
restructure outlined in section 435 of division D of the Further 
Consolidated Appropriations Act, 2020 (Public Law 116-94):  Provided, 
That any transfer of funds pursuant to this paragraph shall not increase 
or decrease the funds appropriated to any account in this fiscal year by 
more than ten percent:  Provided further, That such transfer authority 
is in addition to any other transfer authority provided by law.
     <<NOTE: Notifications. Deadline.>> Any appropriations or funds 
available to the Forest Service may be transferred to the Wildland Fire 
Management appropriation for forest firefighting, emergency 
rehabilitation of burned-over or damaged lands or waters under its 
jurisdiction, and fire preparedness due to severe burning conditions 
upon the Secretary of Agriculture's notification of the House and Senate 
Committees on Appropriations that all fire suppression funds 
appropriated under the heading ``Wildland Fire Management'' will be 
obligated within 30 days:  Provided, That all funds used pursuant to 
this paragraph must be replenished by a supplemental appropriation which 
must be requested as promptly as possible.

    Not more than $50,000,000 of funds appropriated to the Forest 
Service shall be available for expenditure or transfer to the Department 
of the Interior for wildland fire management, hazardous fuels 
management, and State fire assistance when such transfers would 
facilitate and expedite wildland fire management programs and projects.
    Notwithstanding any other provision of this Act, the Forest Service 
may transfer unobligated balances of discretionary funds appropriated to 
the Forest Service by this Act to or within the National Forest System 
Account, or reprogram funds to be used for the purposes of hazardous 
fuels management and urgent rehabilitation of burned-over National 
Forest System lands and water:  Provided, That such transferred funds 
shall remain available through September 30, 2026:  Provided 
further, <<NOTE: Notifications. Advance approvals.>> That none of the 
funds transferred pursuant to this paragraph shall be available

[[Page 136 STAT. 4806]]

for obligation without written notification to and the prior approval of 
the Committees on Appropriations of both Houses of Congress.

    Funds appropriated to the Forest Service shall be available for 
assistance to or through the Agency for International Development in 
connection with forest and rangeland research, technical information, 
and assistance in foreign countries, and shall be available to support 
forestry and related natural resource activities outside the United 
States and its territories and possessions, including technical 
assistance, education and training, and cooperation with United States 
government, private sector, and international organizations:  
Provided, <<NOTE: Contracts. Intergovern- mental relations.>>  That the 
Forest Service, acting for the International Program, may sign direct 
funding agreements with foreign governments and institutions as well as 
other domestic agencies (including the U.S. Agency for International 
Development, the Department of State, and the Millennium Challenge 
Corporation), United States private sector firms, institutions and 
organizations to provide technical assistance and training programs on 
forestry and rangeland management:  Provided further, That to maximize 
effectiveness of domestic and international research and cooperation, 
the International Program may utilize all authorities related to 
forestry, research, and cooperative assistance regardless of program 
designations.

     <<NOTE: Contracts.>> Funds appropriated to the Forest Service shall 
be available to enter into a cooperative agreement with the Section 
509(a)(3) Supporting Organization, ``Forest Service International 
Foundation'' to assist the Foundation in meeting administrative, 
project, and other expenses, and may provide for the Foundation's use of 
Forest Service personnel and facilities.

    Funds <<NOTE: Wild horses and burros.>>  appropriated to the Forest 
Service shall be available for expenditure or transfer to the Department 
of the Interior, Bureau of Land Management, for removal, preparation, 
and adoption of excess wild horses and burros from National Forest 
System lands, and for the performance of cadastral surveys to designate 
the boundaries of such lands.

     <<NOTE: 16 USC 556i.>> None of the funds made available to the 
Forest Service in this Act or any other Act with respect to any fiscal 
year shall be subject to transfer under the provisions of section 702(b) 
of the Department of Agriculture Organic Act of 1944 (7 U.S.C. 2257), 
section 442 of Public Law 106-224 (7 U.S.C. 7772), or section 10417(b) 
of Public Law 107-171 (7 U.S.C. 8316(b)).

    Not more than $82,000,000 of funds available to the Forest Service 
shall be transferred to the Working Capital Fund of the Department of 
Agriculture and not more than $14,500,000 of funds available to the 
Forest Service shall be transferred to the Department of Agriculture for 
Department Reimbursable Programs, commonly referred to as Greenbook 
charges:  Provided, That nothing in this paragraph shall prohibit or 
limit the use of reimbursable agreements requested by the Forest Service 
in order to obtain information technology services, including 
telecommunications and system modifications or enhancements, from the 
Working Capital Fund of the Department of Agriculture.
    Of the funds available to the Forest Service, up to $5,000,000 shall 
be available for priority projects within the scope of the approved 
budget, which shall be carried out by the Youth Conservation Corps and 
shall be carried out under the authority of the Public Lands Corps Act 
of 1993 (16 U.S.C. 1721 et seq.).

[[Page 136 STAT. 4807]]

    Of the funds available to the Forest Service, $4,000 is available to 
the Chief of the Forest Service for official reception and 
representation expenses.
    Pursuant to sections 405(b) and 410(b) of Public Law 101-593, of the 
funds available to the Forest Service, up to $3,000,000 may be advanced 
in a lump sum to the National Forest Foundation to aid conservation 
partnership projects in support of the Forest Service mission, without 
regard to when the Foundation incurs expenses, for projects on or 
benefitting National Forest System lands or related to Forest Service 
programs:  Provided, That of the Federal funds made available to the 
Foundation, no more than $300,000 shall be available for administrative 
expenses:  Provided further, That the Foundation shall obtain, by the 
end of the period of Federal financial assistance, private contributions 
to match funds made available by the Forest Service on at least a one-
for-one basis:  Provided further, That the Foundation may transfer 
Federal funds to a Federal or a non-Federal recipient for a project at 
the same rate that the recipient has obtained the non-Federal matching 
funds.
    Pursuant to section 2(b)(2) of Public Law 98-244, up to $3,000,000 
of the funds available to the Forest Service may be advanced to the 
National Fish and Wildlife Foundation in a lump sum to aid cost-share 
conservation projects, without regard to when expenses are incurred, on 
or benefitting National Forest System lands or related to Forest Service 
programs:  Provided, That such funds shall be matched on at least a one-
for-one basis by the Foundation or its sub-recipients:  Provided 
further, That the Foundation may transfer Federal funds to a Federal or 
non-Federal recipient for a project at the same rate that the recipient 
has obtained the non-Federal matching funds.
    Funds <<NOTE: Contracts. Native Americans. State and local 
governments. Nonprofits.>>  appropriated to the Forest Service under the 
National Forest System heading shall be available for the Secretary of 
Agriculture to enter into cooperative agreements with other Federal 
agencies, tribes, States, local governments, private and nonprofit 
entities, and educational institutions to support the work of forest or 
grassland collaboratives on activities benefitting Federal lands and 
adjacent non-Federal lands, including for technical assistance, 
administrative functions or costs, and other capacity support needs 
identified by the Forest Service.

     <<NOTE: Rural and urban areas.>> Funds appropriated to the Forest 
Service shall be available for interactions with and providing technical 
assistance to rural communities and natural resource-based businesses 
for sustainable rural development purposes.

    Funds appropriated to the Forest Service shall be available for 
payments to counties within the Columbia River Gorge National Scenic 
Area, pursuant to section 14(c)(1) and (2), and section 16(a)(2) of 
Public Law 99-663.
    Any funds appropriated to the Forest Service may be used to meet the 
non-Federal share requirement in section 502(c) of the Older Americans 
Act of 1965 (42 U.S.C. 3056(c)(2)).
    The Forest Service shall not assess funds for the purpose of 
performing fire, administrative, and other facilities maintenance and 
decommissioning.
    Notwithstanding any other provision of law, of any appropriations or 
funds available to the Forest Service, not to exceed $500,000 may be 
used to reimburse the Office of the General Counsel (OGC), Department of 
Agriculture, for travel and related expenses incurred

[[Page 136 STAT. 4808]]

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

                 DEPARTMENT OF HEALTH AND HUMAN SERVICES

                          Indian Health Service

                         indian health services

                     (including rescission of funds)

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

[[Page 136 STAT. 4809]]

remain available until expended for implementation of the loan repayment 
program under section 108 of the Indian Health Care Improvement Act:  
Provided further, That of the total amount of funds provided, 
$116,000,000, including $58,000,000 from funds that become available on 
October 1, 2023, shall be for costs related to or resulting from 
accreditation emergencies, including supplementing activities funded 
under the heading ``Indian Health Facilities'', of which up to 
$4,000,000 for each of fiscal years 2023 and 2024 may be used to 
supplement amounts otherwise available for Purchased/Referred Care:  
Provided further, That the amounts collected by the Federal Government 
as authorized by sections 104 and 108 of the Indian Health Care 
Improvement Act (25 U.S.C. 1613a and 1616a) during the preceding fiscal 
year for breach of contracts shall be deposited in the Fund authorized 
by section 108A of that Act (25 U.S.C. 1616a-1) and shall remain 
available until expended and, notwithstanding section 108A(c) of that 
Act (25 U.S.C. 1616a-1(c)), funds shall be available to make new awards 
under the loan repayment and scholarship programs under sections 104 and 
108 of that Act (25 U.S.C. 1613a and 1616a):  Provided further, 
That <<NOTE: Allocations.>> the amounts made available within this 
account for the Substance Abuse and Suicide Prevention Program, for 
Opioid Prevention, Treatment and Recovery Services, for the Domestic 
Violence Prevention Program, for the Zero Suicide Initiative, for the 
housing subsidy authority for civilian employees, for Aftercare Pilot 
Programs at Youth Regional Treatment Centers, for transformation and 
modernization costs of the Indian Health Service Electronic Health 
Record system, for national quality and oversight activities, to improve 
collections from public and private insurance at Indian Health Service 
and tribally operated facilities, for an initiative to treat or reduce 
the transmission of HIV and HCV, for a maternal health initiative, for 
the Telebehaviorial Health Center of Excellence, for Alzheimer's grants, 
for Village Built Clinics, for a produce prescription pilot, and for 
accreditation emergencies shall be allocated at the discretion of the 
Director of the Indian Health Service and shall remain available until 
expended:  Provided further, <<NOTE: Contracts. Grants. Time 
period. Records.>> That funds provided in this Act may be used for 
annual contracts and grants that fall within 2 fiscal years, provided 
the total obligation is recorded in the year the funds are appropriated: 
 Provided further, That the amounts collected by the Secretary of Health 
and Human Services under the authority of title IV of the Indian Health 
Care Improvement Act (25 U.S.C. 1613) shall remain available until 
expended for the purpose of achieving compliance with the applicable 
conditions and requirements of titles XVIII and XIX of the Social 
Security Act, except for those related to the planning, design, or 
construction of new facilities:  Provided further, That funding 
contained herein for scholarship programs under the Indian Health Care 
Improvement Act (25 U.S.C. 1613) shall remain available until expended:  
Provided further, That <<NOTE: Reports.>> amounts received by tribes and 
tribal organizations under title IV of the Indian Health Care 
Improvement Act shall be reported and accounted for and available to the 
receiving tribes and tribal organizations until expended:  Provided 
further, That the Bureau of Indian Affairs may collect from the Indian 
Health Service, and from tribes and tribal organizations operating 
health facilities pursuant to Public Law 93-638, such individually 
identifiable health information relating to disabled children as may be 
necessary for the purpose of carrying out its functions under the

[[Page 136 STAT. 4810]]

Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.):  
Provided further, That none of the funds provided that become available 
on October 1, 2023, may be used for implementation of the Electronic 
Health Record System or the Indian Health Care Improvement Fund:  
Provided further, That of the funds provided, $74,138,000 is for the 
Indian Health Care Improvement Fund and may be used, as needed, to carry 
out activities typically funded under the Indian Health Facilities 
account:  Provided <<NOTE: Consultation. Time period.>> further, That 
none of the funds appropriated by this Act, or any other Act, to the 
Indian Health Service for the Electronic Health Record system shall be 
available for obligation or expenditure for the selection or 
implementation of a new Information Technology infrastructure system, 
unless the Committees on Appropriations of the House of Representatives 
and the Senate are consulted 90 days in advance of such obligation.

    Of the unobligated balances under the heading ``Indian Health 
Services'' from amounts made available in title III of division G of 
Public Law 117-103 for the fiscal year 2022 costs of staffing and 
operating new facilities, $29,388,000 are hereby rescinded.

                         contract support costs

    For payments to tribes and tribal organizations for contract support 
costs associated with Indian Self-Determination and Education Assistance 
Act agreements with the Indian Health Service for fiscal year 2023, such 
sums as may be necessary:  Provided, That notwithstanding any other 
provision of law, no amounts made available under this heading shall be 
available for transfer to another budget account:  Provided 
further, <<NOTE: Applicability.>> That amounts obligated but not 
expended by a tribe or tribal organization for contract support costs 
for such agreements for the current fiscal year shall be applied to 
contract support costs due for such agreements for subsequent fiscal 
years.

                       payments for tribal leases

    For payments to tribes and tribal organizations for leases pursuant 
to section 105(l) of the Indian Self-Determination and Education 
Assistance Act (25 U.S.C. 5324(l)) for fiscal year 2023, such sums as 
may be necessary, which shall be available for obligation through 
September 30, 2024:  Provided, That notwithstanding any other provision 
of law, no amounts made available under this heading shall be available 
for transfer to another budget account.

                        indian health facilities

    For construction, repair, maintenance, demolition, improvement, and 
equipment of health and related auxiliary facilities, including quarters 
for personnel; preparation of plans, specifications, and drawings; 
acquisition of sites, purchase and erection of modular buildings, and 
purchases of trailers; and for provision of domestic and community 
sanitation facilities for Indians, as authorized by section 7 of the Act 
of August 5, 1954 (42 U.S.C. 2004a), the Indian Self-Determination Act, 
and the Indian Health Care Improvement Act, and for expenses necessary 
to carry out such Acts and titles II and III of the Public Health 
Service Act with respect to environmental health and facilities support 
activities of the Indian Health Service, $958,553,000, to remain 
available

[[Page 136 STAT. 4811]]

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

            administrative provisions--indian health service

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

[[Page 136 STAT. 4812]]

for any assessments or charges by the Department of Health and Human 
Services unless identified in the budget justification and provided in 
this Act, or approved by the House and Senate Committees on 
Appropriations through the reprogramming process:  Provided further, 
That notwithstanding any other provision of law, funds previously or 
herein made available to a tribe or tribal organization through a 
contract, grant, or agreement authorized by title I or title V of the 
Indian Self-Determination and Education Assistance Act of 1975 (25 
U.S.C. 450 et seq.), may be deobligated and reobligated to a self-
determination contract under title I, or a self-governance agreement 
under title V of such Act and thereafter shall remain available to the 
tribe or tribal organization without fiscal year limitation:  Provided 
further, <<NOTE: Regulations. Budget request.>> That none of the funds 
made available to the Indian Health Service in this Act shall be used to 
implement the final rule published in the Federal Register on September 
16, 1987, by the Department of Health and Human Services, relating to 
the eligibility for the health care services of the Indian Health 
Service until the Indian Health Service has submitted a budget request 
reflecting the increased costs associated with the proposed final rule, 
and such request has been included in an appropriations Act and enacted 
into law:  Provided further, That <<NOTE: Reimbursements.>> with respect 
to functions transferred by the Indian Health Service to tribes or 
tribal organizations, the Indian Health Service is authorized to provide 
goods and services to those entities on a reimbursable basis, including 
payments in advance with subsequent adjustment, and the reimbursements 
received therefrom, along with the funds received from those entities 
pursuant to the Indian Self-Determination Act, may be credited to the 
same or subsequent appropriation account from which the funds were 
originally derived, with such amounts to remain available until 
expended:  Provided further, <<NOTE: Reimbursements.>>  That 
reimbursements for training, technical assistance, or services provided 
by the Indian Health Service will contain total costs, including direct, 
administrative, and overhead costs associated with the provision of 
goods, services, or technical assistance:  Provided further, That the 
Indian Health Service may provide to civilian medical personnel serving 
in hospitals operated by the Indian Health Service housing allowances 
equivalent to those that would be provided to members of the 
Commissioned Corps of the United States Public Health Service serving in 
similar positions at such hospitals:  Provided 
further, <<NOTE: Notifications.>> That the appropriation structure for 
the Indian Health Service may not be altered without advance 
notification to the House and Senate Committees on Appropriations.

                      National Institutes of Health

           national institute of environmental health sciences

    For necessary expenses for the National Institute of Environmental 
Health Sciences in carrying out activities set forth in section 311(a) 
of the Comprehensive Environmental Response, Compensation, and Liability 
Act of 1980 (42 U.S.C. 9660(a)) and section 126(g) of the Superfund 
Amendments and Reauthorization Act of 1986, $83,035,000.

[[Page 136 STAT. 4813]]

            Agency for Toxic Substances and Disease Registry

            toxic substances and environmental public health

    For necessary expenses for the Agency for Toxic Substances and 
Disease Registry (ATSDR) in carrying out activities set forth in 
sections 104(i) and 111(c)(4) of the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980 (CERCLA) and section 
3019 of the Solid Waste Disposal Act, $85,020,000:  Provided, 
That <<NOTE: Studies. Evaluations.>> notwithstanding any other provision 
of law, in lieu of performing a health assessment under section 
104(i)(6) of CERCLA, the Administrator of ATSDR may conduct other 
appropriate health studies, evaluations, or activities, including, 
without limitation, biomedical testing, clinical evaluations, medical 
monitoring, and referral to accredited healthcare providers:  Provided 
further, That in performing any such health assessment or health study, 
evaluation, or activity, the Administrator of ATSDR shall not be bound 
by the deadlines in section 104(i)(6)(A) of CERCLA:  Provided further, 
That none of the funds appropriated under this heading shall be 
available for ATSDR to issue in excess of 40 toxicological profiles 
pursuant to section 104(i) of CERCLA during fiscal year 2023, and 
existing profiles may be updated as necessary.

                         OTHER RELATED AGENCIES

                    Executive Office of the President

  council on environmental quality and office of environmental quality

    For necessary expenses to continue functions assigned to the Council 
on Environmental Quality and Office of Environmental Quality pursuant to 
the National Environmental Policy Act of 1969, the Environmental Quality 
Improvement Act of 1970, and Reorganization Plan No. 1 of 1977, and not 
to exceed $750 for official reception and representation expenses, 
$4,676,000:  Provided, <<NOTE: Appointment.>>  That notwithstanding 
section 202 of the National Environmental Policy Act of 1970, the 
Council shall consist of one member, appointed by the President, by and 
with the advice and consent of the Senate, serving as chairman and 
exercising all powers, functions, and duties of the Council.

             Chemical Safety and Hazard Investigation Board

                          salaries and expenses

    For necessary expenses in carrying out activities pursuant to 
section 112(r)(6) of the Clean Air Act, including hire of passenger 
vehicles, uniforms or allowances therefor, as authorized by 5 U.S.C. 
5901-5902, and for services authorized by 5 U.S.C. 3109 but at rates for 
individuals not to exceed the per diem equivalent to the maximum rate 
payable for senior level positions under 5 U.S.C. 5376, $14,400,000:  
Provided, <<NOTE: Career positions.>>  That the Chemical Safety and 
Hazard Investigation Board (Board) shall have not more than three career 
Senior Executive Service positions:  Provided further <<NOTE: 5 USC 415 
note.>> , That notwithstanding any other provision of law, the 
individual appointed to the position of Inspector General of the 
Environmental Protection Agency (EPA) shall, by virtue of such 
appointment, also hold the

[[Page 136 STAT. 4814]]

position of Inspector General of the Board:  Provided further, <<NOTE: 5 
USC 415 note.>>  That notwithstanding any other provision of law, the 
Inspector General of the Board shall utilize personnel of the Office of 
Inspector General of EPA in performing the duties of the Inspector 
General of the Board, and shall not appoint any individuals to positions 
within the Board.

               Office of Navajo and Hopi Indian Relocation

                          salaries and expenses

    For necessary expenses of the Office of Navajo and Hopi Indian 
Relocation as authorized by Public Law 93-531, $3,060,000, to remain 
available until expended, which shall be derived from unobligated 
balances from prior year appropriations available under this heading:  
Provided, That funds provided in this or any other appropriations Act 
are to be used to relocate eligible individuals and groups including 
evictees from District 6, Hopi-partitioned lands residents, those in 
significantly substandard housing, and all others certified as eligible 
and not included in the preceding categories:  Provided further, That 
none of the funds contained in this or any other Act may be used by the 
Office of Navajo and Hopi Indian Relocation to evict any single Navajo 
or Navajo family who, as of November 30, 1985, was physically domiciled 
on the lands partitioned to the Hopi Tribe unless a new or replacement 
home is provided for such household:  Provided further, That no 
relocatee will be provided with more than one new or replacement home:  
Provided further, That the Office shall relocate any certified eligible 
relocatees who have selected and received an approved homesite on the 
Navajo reservation or selected a replacement residence off the Navajo 
reservation or on the land acquired pursuant to section 11 of Public Law 
93-531 (88 Stat. 1716).

    Institute of American Indian and Alaska Native Culture and Arts 
                               Development

                        payment to the institute

    For payment to the Institute of American Indian and Alaska Native 
Culture and Arts Development, as authorized by part A of title XV of 
Public Law 99-498 (20 U.S.C. 4411 et seq.), $13,482,000, which shall 
become available on July 1, 2023, and shall remain available until 
September 30, 2024.

                         Smithsonian Institution

                          salaries and expenses

    For necessary expenses of the Smithsonian Institution, as authorized 
by law, including research in the fields of art, science, and history; 
development, preservation, and documentation of the National 
Collections; presentation of public exhibits and performances; 
collection, preparation, dissemination, and exchange of information and 
publications; conduct of education, training, and museum assistance 
programs; maintenance, alteration, operation, lease agreements of no 
more than 30 years, and protection of buildings, facilities, and 
approaches; not to exceed $100,000 for services as authorized by 5 
U.S.C. 3109; and purchase, rental,

[[Page 136 STAT. 4815]]

repair, and cleaning of uniforms for employees, $892,855,000, to remain 
available until September 30, 2024, except as otherwise provided herein; 
of which not to exceed $26,974,000 for the instrumentation program, 
collections acquisition, exhibition reinstallation, Smithsonian American 
Women's History Museum, National Museum of the American Latino, and the 
repatriation of skeletal remains program shall remain available until 
expended; and including such funds as may be necessary to support 
American overseas research centers:  Provided, <<NOTE: Advance 
payments.>> That funds appropriated herein are available for advance 
payments to independent contractors performing research services or 
participating in official Smithsonian presentations:  Provided 
further, <<NOTE: District of Columbia.>> That the Smithsonian 
Institution may expend Federal appropriations designated in this Act for 
lease or rent payments, as rent payable to the Smithsonian Institution, 
and such rent payments may be deposited into the general trust funds of 
the Institution to be available as trust funds for expenses associated 
with the purchase of a portion of the building at 600 Maryland Avenue, 
SW, Washington, DC, to the extent that federally supported activities 
will be housed there:  Provided further, That the use of such amounts in 
the general trust funds of the Institution for such purpose shall not be 
construed as Federal debt service for, a Federal guarantee of, a 
transfer of risk to, or an obligation of the Federal Government:  
Provided further, <<NOTE: District of Columbia.>> That no appropriated 
funds may be used directly to service debt which is incurred to finance 
the costs of acquiring a portion of the building at 600 Maryland Avenue, 
SW, Washington, DC, or of planning, designing, and constructing 
improvements to such building:  Provided further, 
That <<NOTE: Contracts. Effective date. Time period. Reports.>> any 
agreement entered into by the Smithsonian Institution for the sale of 
its ownership interest, or any portion thereof, in such building so 
acquired may not take effect until the expiration of a 30 day period 
which begins on the date on which the Secretary of the Smithsonian 
submits to the Committees on Appropriations of the House of 
Representatives and Senate, the Committees on House Administration and 
Transportation and Infrastructure of the House of Representatives, and 
the Committee on Rules and Administration of the Senate a report, as 
outlined in the explanatory statement described in section 4 of the 
Further Consolidated Appropriations Act, 2020 (Public Law 116-94; 133 
Stat. 2536) on the intended sale.

                           facilities capital

    For necessary expenses of repair, revitalization, and alteration of 
facilities owned or occupied by the Smithsonian Institution, by contract 
or otherwise, as authorized by section 2 of the Act of August 22, 1949 
(63 Stat. 623), and for construction, including necessary personnel, 
$251,645,000, to remain available until expended, of which not to exceed 
$10,000 shall be for services as authorized by 5 U.S.C. 3109.

                         National Gallery of Art

                          salaries and expenses

    For the upkeep and operations of the National Gallery of Art, the 
protection and care of the works of art therein, and administrative 
expenses incident thereto, as authorized by the Act of March 24, 1937 
(50 Stat. 51), as amended by the public resolution of

[[Page 136 STAT. 4816]]

April 13, 1939 (Public Resolution 9, 76th Congress), including services 
as authorized by 5 U.S.C. 3109; payment in advance when authorized by 
the treasurer of the Gallery for membership in library, museum, and art 
associations or societies whose publications or services are available 
to members only, or to members at a price lower than to the general 
public; purchase, repair, and cleaning of uniforms for guards, and 
uniforms, or allowances therefor, for other employees as authorized by 
law (5 U.S.C. 5901-5902); purchase or rental of devices and services for 
protecting buildings and contents thereof, and maintenance, alteration, 
improvement, and repair of buildings, approaches, and grounds; and 
purchase of services for restoration and repair of works of art for the 
National Gallery of Art by contracts made, without advertising, with 
individuals, firms, or organizations at such rates or prices and under 
such terms and conditions as the Gallery may deem proper, $170,240,000, 
to remain available until September 30, 2024, of which not to exceed 
$3,875,000 for the special exhibition program shall remain available 
until expended.

             repair, restoration and renovation of buildings

                      (including transfer of funds)

    For necessary expenses of repair, restoration, and renovation of 
buildings, grounds and facilities owned or occupied by the National 
Gallery of Art, by contract or otherwise, for operating lease agreements 
of no more than 10 years, that address space needs created by the 
ongoing renovations in the Master Facilities Plan, as authorized, 
$39,000,000, to remain available until expended:  Provided, That of this 
amount, $27,208,000 shall be available for design and construction of an 
off-site art storage facility in partnership with the Smithsonian 
Institution and may be transferred to the Smithsonian Institution for 
such purposes:  Provided further, <<NOTE: Contracts.>>  That contracts 
awarded for environmental systems, protection systems, and exterior 
repair or renovation of buildings of the National Gallery of Art may be 
negotiated with selected contractors and awarded on the basis of 
contractor qualifications as well as price.

             John F. Kennedy Center for the Performing Arts

                       operations and maintenance

    For necessary expenses for the operation, maintenance, and security 
of the John F. Kennedy Center for the Performing Arts, $27,640,000, to 
remain available until September, 30, 2024.

                     capital repair and restoration

    For necessary expenses for capital repair and restoration of the 
existing features of the building and site of the John F. Kennedy Center 
for the Performing Arts, $17,740,000, to remain available until 
expended.

[[Page 136 STAT. 4817]]

            Woodrow Wilson International Center for Scholars

                          salaries and expenses

    For expenses necessary in carrying out the provisions of the Woodrow 
Wilson Memorial Act of 1968 (82 Stat. 1356) including hire of passenger 
vehicles and services as authorized by 5 U.S.C. 3109, $15,000,000, to 
remain available until September 30, 2024.

           National Foundation on the Arts and the Humanities

                     National Endowment for the Arts

                        grants and administration

    For necessary expenses to carry out the National Foundation on the 
Arts and the Humanities Act of 1965, $207,000,000 shall be available to 
the National Endowment for the Arts for the support of projects and 
productions in the arts, including arts education and public outreach 
activities, through assistance to organizations and individuals pursuant 
to section 5 of the Act, for program support, and for administering the 
functions of the Act, to remain available until expended.

                  National Endowment for the Humanities

                        grants and administration

    For necessary expenses to carry out the National Foundation on the 
Arts and the Humanities Act of 1965, $207,000,000 to remain available 
until expended, of which $188,250,000 shall be available for support of 
activities in the humanities, pursuant to section 7(c) of the Act and 
for administering the functions of the Act; and $18,750,000 shall be 
available to carry out the matching grants program pursuant to section 
10(a)(2) of the Act, including $15,750,000 for the purposes of section 
7(h):  Provided, That appropriations for carrying out section 10(a)(2) 
shall be available for obligation only in such amounts as may be equal 
to the total amounts of gifts, bequests, devises of money, and other 
property accepted by the chairman or by grantees of the National 
Endowment for the Humanities under the provisions of sections 
11(a)(2)(B) and 11(a)(3)(B) during the current and preceding fiscal 
years for which equal amounts have not previously been appropriated.

                        Administrative Provisions

    None of the funds appropriated to the National Foundation on the 
Arts and the Humanities may be used to process any grant or contract 
documents which do not include the text of 18 U.S.C. 1913:  Provided, 
That none of the funds appropriated to the National Foundation on the 
Arts and the Humanities may be used for official reception and 
representation expenses:  Provided further, That funds from 
nonappropriated sources may be used as necessary for official reception 
and representation expenses:  Provided further, That the Chairperson of 
the National Endowment for the Arts may approve grants of up to $10,000, 
if in the aggregate the amount of such grants does not exceed 5 percent 
of the sums appropriated for grantmaking purposes per year:  Provided 
further, That such small

[[Page 136 STAT. 4818]]

grant actions are taken pursuant to the terms of an expressed and direct 
delegation of authority from the National Council on the Arts to the 
Chairperson.

                         Commission of Fine Arts

                          salaries and expenses

    For expenses of the Commission of Fine Arts under chapter 91 of 
title 40, United States Code, $3,661,000:  
Provided, <<NOTE: Fees.>> That the Commission is authorized to charge 
fees to cover the full costs of its publications, and such fees shall be 
credited to this account as an offsetting collection, to remain 
available until expended without further appropriation:  Provided 
further, That the Commission is authorized to accept gifts, including 
objects, papers, artwork, drawings and artifacts, that pertain to the 
history and design of the Nation's Capital or the history and activities 
of the Commission of Fine Arts, for the purpose of artistic display, 
study, or education:  Provided further, That one-tenth of one percent of 
the funds provided under this heading may be used for official reception 
and representation expenses.

               national capital arts and cultural affairs

    For necessary expenses as authorized by Public Law 99-190 (20 U.S.C. 
956a), $5,000,000:  Provided, <<NOTE: Applicability. 20 USC 956a 
note.>> That the item relating to ``National Capital Arts and Cultural 
Affairs'' in the Department of the Interior and Related Agencies 
Appropriations Act, 1986, as enacted into law by section 101(d) of 
Public Law 99-190 (20 U.S.C. 956a), shall be applied in fiscal year 2023 
in the second paragraph by inserting ``, calendar year 2020 excluded'' 
before the first period:  Provided further, <<NOTE: Determination. Time 
periods. 20 USC 956a note.>> That in determining an eligible 
organization's annual income for calendar years 2021, 2022, and 2023, 
funds or grants received by the eligible organization from any 
supplemental appropriations Act related to coronavirus or any other law 
providing appropriations for the purpose of preventing, preparing for, 
or responding to coronavirus shall be counted as part of the eligible 
organization's annual income.

                Advisory Council on Historic Preservation

                          salaries and expenses

    For necessary expenses of the Advisory Council on Historic 
Preservation (Public Law 89-665), $8,585,000.

                  National Capital Planning Commission

                          salaries and expenses

    For necessary expenses of the National Capital Planning Commission 
under chapter 87 of title 40, United States Code, including services as 
authorized by 5 U.S.C. 3109, $8,750,000:  Provided, That one-quarter of 
1 percent of the funds provided under this heading may be used for 
official reception and representational expenses associated with hosting 
international visitors engaged in the planning and physical development 
of world capitals.

[[Page 136 STAT. 4819]]

                 United States Holocaust Memorial Museum

                        holocaust memorial museum

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

                             Presidio Trust

    The Presidio Trust is authorized to issue obligations to the 
Secretary of the Treasury pursuant to section 104(d)(3) of the Omnibus 
Parks and Public Lands Management Act of 1996 (Public Law 104-333), in 
an amount not to exceed $90,000,000:  Provided, <<NOTE: 16 USC 460bb 
note.>>  That such section is amended by striking ``$150,000,000'' and 
inserting ``$250,000,000''.

                    World War I Centennial Commission

                          salaries and expenses

    Notwithstanding section 9 of the World War I Centennial Commission 
Act, as authorized by the World War I Centennial Commission Act (Public 
Law 112-272) and the Carl Levin and Howard P. ``Buck'' McKeon National 
Defense Authorization Act for Fiscal Year 2015 (Public Law 113-291), for 
necessary expenses of the World War I Centennial Commission, $1,000,000, 
to remain available until September 30, 2024:  Provided, That in 
addition to the authority provided by section 6(g) of such Act, the 
World War I Commission may accept money, in-kind personnel services, 
contractual support, or any appropriate support from any executive 
branch agency for activities of the Commission.

               United States Semiquincentennial Commission

                          salaries and expenses

    For necessary expenses of the United States Semiquincentennial 
Commission to plan and coordinate observances and activities associated 
with the 250th anniversary of the founding of the United States, as 
authorized by Public Law 116-282, the technical amendments to Public Law 
114-196, $15,000,000, to remain available until September 30, 2024.

  Alyce Spotted Bear and Walter Soboleff Commission on Native Children

    For necessary expenses of the Alyce Spotted Bear and Walter Soboleff 
Commission on Native Children (referred to in this paragraph as the 
``Commission''), $550,000 to remain available until September 30, 2024:  
Provided, That in addition to the authority provided by section 3(g)(5) 
and 3(h) of Public Law 114-244, the Commission may hereafter accept in-
kind personnel services,

[[Page 136 STAT. 4820]]

contractual support, or any appropriate support from any executive 
branch agency for activities of the Commission.

                                TITLE IV

                           GENERAL PROVISIONS

                     (including transfers of funds)

                       restriction on use of funds

    Sec. 401.  No part of any appropriation contained in this Act shall 
be available for any activity or the publication or distribution of 
literature that in any way tends to promote public support or opposition 
to any legislative proposal on which Congressional action is not 
complete other than to communicate to Members of Congress as described 
in 18 U.S.C. 1913.

                      obligation of appropriations

    Sec. 402.  No part of any appropriation contained in this Act shall 
remain available for obligation beyond the current fiscal year unless 
expressly so provided herein.

                  disclosure of administrative expenses

    Sec. 403. <<NOTE: Estimates. Approvals.>>  The amount and basis of 
estimated overhead charges, deductions, reserves, or holdbacks, 
including working capital fund charges, from programs, projects, 
activities and subactivities to support government-wide, departmental, 
agency, or bureau administrative functions or headquarters, regional, or 
central operations shall be presented in annual budget justifications 
and subject to approval by the Committees on Appropriations of the House 
of Representatives and the Senate. Changes to such estimates shall be 
presented to the Committees on Appropriations for approval.

                           mining applications

    Sec. 404. (a) <<NOTE: Patents and trademarks.>>  Limitation of 
Funds.--None of the funds appropriated or otherwise made available 
pursuant to this Act shall be obligated or expended to accept or process 
applications for a patent for any mining or mill site claim located 
under the general mining laws.

    (b) <<NOTE: Determination. Claims.>> Exceptions.--Subsection (a) 
shall not apply if the Secretary of the Interior determines that, for 
the claim concerned: (1) a patent application was filed with the 
Secretary on or before September 30, 1994; and (2) all requirements 
established under sections 2325 and 2326 of the Revised Statutes (30 
U.S.C. 29 and 30) for vein or lode claims, sections 2329, 2330, 2331, 
and 2333 of the Revised Statutes (30 U.S.C. 35, 36, and 37) for placer 
claims, and section 2337 of the Revised Statutes (30 U.S.C. 42) for mill 
site claims, as the case may be, were fully complied with by the 
applicant by that date.

    (c) Report.--On September 30, 2024, the Secretary of the Interior 
shall file with the House and Senate Committees on Appropriations and 
the Committee on Natural Resources of the House and the Committee on 
Energy and Natural Resources of the Senate

[[Page 136 STAT. 4821]]

a report on actions taken by the Department under the plan submitted 
pursuant to section 314(c) of the Department of the Interior and Related 
Agencies Appropriations Act, 1997 (Public Law 104-208).
    (d) Mineral Examinations.--In order to process patent applications 
in a timely and responsible manner, upon the request of a patent 
applicant, the Secretary of the Interior shall allow the applicant to 
fund a qualified third-party contractor to be selected by the Director 
of the Bureau of Land Management to conduct a mineral examination of the 
mining claims or mill sites contained in a patent application as set 
forth in subsection (b). The Bureau of Land Management shall have the 
sole responsibility to choose and pay the third-party contractor in 
accordance with the standard procedures employed by the Bureau of Land 
Management in the retention of third-party contractors.

              contract support costs, prior year limitation

    Sec. 405. <<NOTE: Continuation.>>   Sections 405 and 406 of division 
F of the Consolidated and Further Continuing Appropriations Act, 2015 
(Public Law 113-235) shall continue in effect in fiscal year 2023.

           contract support costs, fiscal year 2023 limitation

    Sec. 406.  Amounts provided by this Act for fiscal year 2023 under 
the headings ``Department of Health and Human Services, Indian Health 
Service, Contract Support Costs'' and ``Department of the Interior, 
Bureau of Indian Affairs and Bureau of Indian Education, Contract 
Support Costs'' are the only amounts available for contract support 
costs arising out of self-determination or self-governance contracts, 
grants, compacts, or annual funding agreements for fiscal year 2023 with 
the Bureau of Indian Affairs, Bureau of Indian Education, and the Indian 
Health Service:  Provided, That such amounts provided by this Act are 
not available for payment of claims for contract support costs for prior 
years, or for repayments of payments for settlements or judgments 
awarding contract support costs for prior years.

                         forest management plans

    Sec. 407. <<NOTE: 16 USC 1604 note.>>  The Secretary of Agriculture 
shall not be considered to be in violation of section 6(f)(5)(A) of the 
Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 
1604(f)(5)(A)) solely because more than 15 years have passed without 
revision of the plan for a unit of the National Forest System. Nothing 
in this section exempts the Secretary from any other requirement of the 
Forest and Rangeland Renewable Resources Planning Act (16 U.S.C. 1600 et 
seq.) or any other law:  Provided, <<NOTE: Courts.>>  That if the 
Secretary is not acting expeditiously and in good faith, within the 
funding available, to revise a plan for a unit of the National Forest 
System, this section shall be void with respect to such plan and a court 
of proper jurisdiction may order completion of the plan on an 
accelerated basis.

                  prohibition within national monuments

    Sec. 408.  No funds provided in this Act may be expended to conduct 
preleasing, leasing and related activities under either

[[Page 136 STAT. 4822]]

the Mineral Leasing Act (30 U.S.C. 181 et seq.) or the Outer Continental 
Shelf Lands Act (43 U.S.C. 1331 et seq.) within the boundaries of a 
National Monument established pursuant to the Act of June 8, 1906 (16 
U.S.C. 431 et seq.) as such boundary existed on January 20, 2001, except 
where such activities are allowed under the Presidential proclamation 
establishing such monument.

                          limitation on takings

    Sec. 409. <<NOTE: Approvals.>>   Unless otherwise provided herein, 
no funds appropriated in this Act for the acquisition of lands or 
interests in lands may be expended for the filing of declarations of 
taking or complaints in condemnation without the approval of the House 
and Senate Committees on Appropriations:  Provided, That this provision 
shall not apply to funds appropriated to implement the Everglades 
National Park Protection and Expansion Act of 1989, or to funds 
appropriated for Federal assistance to the State of Florida to acquire 
lands for Everglades restoration purposes.

                     prohibition on no-bid contracts

    Sec. 410.  None of the funds appropriated or otherwise made 
available by this Act to executive branch agencies may be used to enter 
into any Federal contract unless such contract is entered into in 
accordance with the requirements of Chapter 33 of title 41, United 
States Code, or Chapter 137 of title 10, United States Code, and the 
Federal Acquisition Regulation, unless--
            (1) Federal law specifically authorizes a contract to be 
        entered into without regard for these requirements, including 
        formula grants for States, or federally recognized Indian 
        tribes;
            (2) such contract is authorized by the Indian Self-
        Determination and Education Assistance Act (Public Law 93-638, 
        25 U.S.C. 450 et seq.) or by any other Federal laws that 
        specifically authorize a contract within an Indian tribe as 
        defined in section 4(e) of that Act (25 U.S.C. 450b(e)); or
            (3) such contract was awarded prior to the date of enactment 
        of this Act.

                           posting of reports

    Sec. 411. (a) <<NOTE: Public information. Web 
posting. Determination.>>  Any agency receiving funds made available in 
this Act, shall, subject to subsections (b) and (c), post on the public 
website of that agency any report required to be submitted by the 
Congress in this or any other Act, upon the determination by the head of 
the agency that it shall serve the national interest.

    (b) Subsection (a) shall not apply to a report if--
            (1) the public posting of the report compromises national 
        security; or
            (2) the report contains proprietary information.

    (c) <<NOTE: Time period.>>  The head of the agency posting such 
report shall do so only after such report has been made available to the 
requesting Committee or Committees of Congress for no less than 45 days.

            national endowment for the arts grant guidelines

    Sec. 412.  Of the funds provided to the National Endowment for the 
Arts--

[[Page 136 STAT. 4823]]

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

           national endowment for the arts program priorities

    Sec. 413. (a) In providing services or awarding financial assistance 
under the National Foundation on the Arts and the Humanities Act of 1965 
from funds appropriated under this Act, the Chairperson of the National 
Endowment for the Arts shall ensure that priority is given to providing 
services or awarding financial assistance for projects, productions, 
workshops, or programs that serve underserved populations.
    (b) <<NOTE: Definitions.>> In this section:
            (1) The term ``underserved population'' means a population 
        of individuals, including urban minorities, who have 
        historically been outside the purview of arts and humanities 
        programs due to factors such as a high incidence of income below 
        the poverty line or to geographic isolation.
            (2) The term ``poverty line'' means the poverty line (as 
        defined by the Office of Management and Budget, and revised 
        annually in accordance with section 673(2) of the Community 
        Services Block Grant Act (42 U.S.C. 9902(2))) applicable to a 
        family of the size involved.

    (c) In providing services and awarding financial assistance under 
the National Foundation on the Arts and Humanities Act of 1965 with 
funds appropriated by this Act, the Chairperson of the National 
Endowment for the Arts shall ensure that priority is given to providing 
services or awarding financial assistance for projects, productions, 
workshops, or programs that will encourage public knowledge, education, 
understanding, and appreciation of the arts.
    (d) <<NOTE: Grants.>> With funds appropriated by this Act to carry 
out section 5 of the National Foundation on the Arts and Humanities Act 
of 1965--
            (1) the Chairperson shall establish a grant category for 
        projects, productions, workshops, or programs that are of 
        national impact or availability or are able to tour several 
        States;
            (2) the Chairperson shall not make grants exceeding 15 
        percent, in the aggregate, of such funds to any single State, 
        excluding grants made under the authority of paragraph (1);
            (3) <<NOTE: Reports.>>  the Chairperson shall report to the 
        Congress annually and by State, on grants awarded by the 
        Chairperson in each grant category under section 5 of such Act; 
        and

[[Page 136 STAT. 4824]]

            (4) the Chairperson shall encourage the use of grants to 
        improve and support community-based music performance and 
        education.

                  status of balances of appropriations

    Sec. 414.  <<NOTE: Reports.>> The Department of the Interior, the 
Environmental Protection Agency, the Forest Service, and the Indian 
Health Service shall provide the Committees on Appropriations of the 
House of Representatives and Senate quarterly reports on the status of 
balances of appropriations including all uncommitted, committed, and 
unobligated funds in each program and activity within 60 days of 
enactment of this Act.

                      extension of grazing permits

    Sec. 415.  The terms and conditions of section 325 of Public Law 
108-108 (117 Stat. 1307), regarding grazing permits issued by the Forest 
Service on any lands not subject to administration under section 402 of 
the Federal Lands Policy and Management Act (43 U.S.C. 1752), shall 
remain in effect for fiscal year 2023.

                           funding prohibition

    Sec. 416. <<NOTE: Pornography.>>  (a) None of the funds made 
available in this Act may be used to maintain or establish a computer 
network unless such network is designed to block access to pornography 
websites.

    (b) Nothing in subsection (a) shall limit the use of funds necessary 
for any Federal, State, tribal, or local law enforcement agency or any 
other entity carrying out criminal investigations, prosecution, or 
adjudication activities.

                humane transfer and treatment of animals

    Sec. 417. <<NOTE: Wild horses and burros.>> (a) Notwithstanding any 
other provision of law, the Secretary of the Interior, with respect to 
land administered by the Bureau of Land Management, or the Secretary of 
Agriculture, with respect to land administered by the Forest Service 
(referred to in this section as the ``Secretary concerned''), may 
transfer excess wild horses and burros that have been removed from land 
administered by the Secretary concerned to other Federal, State, and 
local government agencies for use as work animals.

    (b) The Secretary concerned may make a transfer under subsection (a) 
immediately on the request of a Federal, State, or local government 
agency.
    (c) An excess wild horse or burro transferred under subsection (a) 
shall lose status as a wild free-roaming horse or burro (as defined in 
section 2 of Public Law 92-195 (commonly known as the ``Wild Free-
Roaming Horses and Burros Act'') (16 U.S.C. 1332)).
    (d) A Federal, State, or local government agency receiving an excess 
wild horse or burro pursuant to subsection (a) shall not--
            (1) destroy the horse or burro in a manner that results in 
        the destruction of the horse or burro into a commercial product;
            (2) sell or otherwise transfer the horse or burro in a 
        manner that results in the destruction of the horse or burro for 
        processing into a commercial product; or

[[Page 136 STAT. 4825]]

            (3) euthanize the horse or burro, except on the 
        recommendation of a licensed veterinarian in a case of severe 
        injury, illness, or advanced age.

    (e) Amounts appropriated by this Act shall not be available for--
            (1) the destruction of any healthy, unadopted, and wild 
        horse or burro under the jurisdiction of the Secretary concerned 
        (including a contractor); or
            (2) the sale of a wild horse or burro that results in the 
        destruction of the wild horse or burro for processing into a 
        commercial product.

   forest service facility realignment and enhancement authorization 
                                extension

    Sec. 418. <<NOTE: Applicability. 16 USC 580d note.>>  Section 503(f) 
of Public Law 109-54 (16 U.S.C. 580d note) shall be applied by 
substituting ``September 30, 2023'' for ``September 30, 2019''.

                     use of american iron and steel

    Sec. 419. (a)(1) None of the funds made available by a State water 
pollution control revolving fund as authorized by section 1452 of the 
Safe Drinking Water Act (42 U.S.C. 300j-12) shall be used for a project 
for the construction, alteration, maintenance, or repair of a public 
water system or treatment works unless all of the iron and steel 
products used in the project are produced in the United States.
    (2) <<NOTE: Definition.>>  In this section, the term ``iron and 
steel'' products means the following products made primarily of iron or 
steel: lined or unlined pipes and fittings, manhole covers and other 
municipal castings, hydrants, tanks, flanges, pipe clamps and 
restraints, valves, structural steel, reinforced precast concrete, and 
construction materials.

    (b) Subsection (a) shall not apply in any case or category of cases 
in which the Administrator of the Environmental Protection Agency (in 
this section referred to as the ``Administrator'') finds that--
            (1) applying subsection (a) would be inconsistent with the 
        public interest;
            (2) iron and steel products are not produced in the United 
        States in sufficient and reasonably available quantities and of 
        a satisfactory quality; or
            (3) inclusion of iron and steel products produced in the 
        United States will increase the cost of the overall project by 
        more than 25 percent.

    (c) <<NOTE: Waiver request. Public information. Records. Time 
period.>> If the Administrator receives a request for a waiver under 
this section, the Administrator shall make available to the public on an 
informal basis a copy of the request and information available to the 
Administrator concerning the request, and shall allow for informal 
public input on the request for at least 15 days prior to making a 
finding based on the request. <<NOTE: Web posting.>> The Administrator 
shall make the request and accompanying information available by 
electronic means, including on the official public Internet Web site of 
the Environmental Protection Agency.

    (d) <<NOTE: Applicability.>> This section shall be applied in a 
manner consistent with United States obligations under international 
agreements.

[[Page 136 STAT. 4826]]

    (e) The Administrator may retain up to 0.25 percent of the funds 
appropriated in this Act for the Clean and Drinking Water State 
Revolving Funds for carrying out the provisions described in subsection 
(a)(1) for management and oversight of the requirements of this section.

 local cooperator training agreements and transfers of excess equipment 
                       and supplies for wildfires

    Sec. 420.  <<NOTE: Grants.>> The Secretary of the Interior is 
authorized to enter into grants and cooperative agreements with 
volunteer fire departments, rural fire departments, rangeland fire 
protection associations, and similar organizations to provide for 
wildland fire training and equipment, including supplies and 
communication devices. Notwithstanding section 121(c) of title 40, 
United States Code, or section 521 of title 40, United States Code, the 
Secretary is further authorized to transfer title to excess Department 
of the Interior firefighting equipment no longer needed to carry out the 
functions of the Department's wildland fire management program to such 
organizations.

                             recreation fees

    Sec. 421. <<NOTE: Applicability. 16 USC 6809 note.>>  Section 810 of 
the Federal Lands Recreation Enhancement Act (16 U.S.C. 6809) shall be 
applied by substituting ``October 1, 2024'' for ``September 30, 2019''.

                        reprogramming guidelines

    Sec. 422. <<NOTE: Advance approvals.>>  None of the funds made 
available in this Act, in this and prior fiscal years, may be 
reprogrammed without the advance approval of the House and Senate 
Committees on Appropriations in accordance with the reprogramming 
procedures contained in the explanatory statement described in section 4 
(in the matter preceding division A of this consolidated Act).

                            local contractors

    Sec. 423. <<NOTE: Applicability. 16 USC 565a-1 note.>>  Section 412 
of division E of Public Law 112-74 shall be applied by substituting 
``fiscal year 2023'' for ``fiscal year 2019''.

       shasta-trinity marina fee authority authorization extension

    Sec. 424. <<NOTE: Applicability.>>  Section 422 of division F of 
Public Law 110-161 (121 Stat 1844), as amended, shall be applied by 
substituting ``fiscal year 2023'' for ``fiscal year 2019''.

            interpretive association authorization extension

     <<NOTE: Applicability. 16 USC 565a-1 note.>> Sec. 425.  Section 426 
of division G of Public Law 113-76 (16 U.S.C. 565a-1 note) shall be 
applied by substituting ``September 30, 2023'' for ``September 30, 
2019''.

              puerto rico schooling authorization extension

    Sec. 426. <<NOTE: Applicability.>>   The authority provided by the 
19th unnumbered paragraph under heading ``Administrative Provisions, 
Forest

[[Page 136 STAT. 4827]]

Service'' in title III of Public Law 109-54, as amended, shall be 
applied by substituting ``fiscal year 2023'' for ``fiscal year 2019''.

    forest botanical products fee collection authorization extension

    Sec. 427. <<NOTE: Applicability. 16 USC 528 note.>>   Section 339 of 
the Department of the Interior and Related Agencies Appropriations Act, 
2000 (as enacted into law by Public Law 106-113; 16 U.S.C. 528 note), as 
amended by section 335(6) of Public Law 108-108 and section 432 of 
Public Law 113-76, shall be applied by substituting ``fiscal year 2023'' 
for ``fiscal year 2019''.

                              chaco canyon

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

                              tribal leases

    Sec. 429. <<NOTE: Effective date.>>  (a) Notwithstanding any other 
provision of law, in the case of any lease under section 105(l) of the 
Indian Self-Determination and Education Assistance Act (25 U.S.C. 
5324(l)), the initial lease term shall commence no earlier than the date 
of receipt of the lease proposal.

    (b) <<NOTE: Consultation.>>  The Secretaries of the Interior and 
Health and Human Services shall, jointly or separately, during fiscal 
year 2023 consult with tribes and tribal organizations through public 
solicitation and other means regarding the requirements for leases under 
section 105(l) of the Indian Self-Determination and Education Assistance 
Act (25 U.S.C. 5324(l)) on how to implement a consistent and transparent 
process for the payment of such leases.

                forest ecosystem health and recovery fund

    Sec. 430. <<NOTE: Applicability.>>  The authority provided under the 
heading ``Forest Ecosystem Health and Recovery Fund'' in title I of 
Public Law 111-88, as amended by section 117 of division F of Public Law 
113-235, shall be applied by substituting ``fiscal year 2023'' for 
``fiscal year 2020'' each place it appears.

     allocation of projects, national parks and public land legacy 
          restoration fund and land and water conservation fund

    Sec. 431. (a)(1) <<NOTE: Deadlines. 54 USC 200303 note.>>  Within 45 
days of enactment of this Act, the Secretary of the Interior shall 
allocate amounts made available from the National Parks and Public Land 
Legacy Restoration Fund for fiscal year 2023 pursuant to subsection (c) 
of section 200402 of title 54, United States Code, and as provided in 
subsection

[[Page 136 STAT. 4828]]

(e) of such section of such title, to the agencies of the Department of 
the Interior and the Department of Agriculture specified, in the amounts 
specified, for the stations and unit names specified, and for the 
projects and activities specified in the table titled ``Allocation of 
Funds: National Parks and Public Land Legacy Restoration Fund Fiscal 
Year 2023'' in the explanatory statement described in section 4 (in the 
matter preceding division A of this consolidated Act).

    (2) Within 45 days of enactment of this Act, the Secretary of the 
Interior and the Secretary of Agriculture, as appropriate, shall 
allocate amounts made available for expenditure from the Land and Water 
Conservation Fund for fiscal year 2023 pursuant to subsection (a) of 
section 200303 of title 54, United States Code, to the agencies and 
accounts specified, in the amounts specified, and for the projects and 
activities specified in the table titled ``Allocation of Funds: Land and 
Water Conservation Fund Fiscal Year 2023'' in the explanatory statement 
described in section 4 (in the matter preceding division A of this 
consolidated Act).
    (b) Except as otherwise provided by subsection (c) of this section, 
neither the President nor his designee may allocate any amounts that are 
made available for any fiscal year under subsection (c) of section 
200402 of title 54, United States Code, or subsection (a) of section 
200303 of title 54, United States Code, other than in amounts and for 
projects and activities that are allocated by subsections (a)(1) and 
(a)(2) of this section:  Provided, That in any fiscal year, the matter 
preceding this proviso shall not apply to the allocation of amounts for 
continuing administration of programs allocated funds from the National 
Parks and Public Land Legacy Restoration Fund or the Land and Water 
Conservation Fund, which may be allocated only in amounts that are no 
more than the allocation for such purposes in subsections (a)(1) and 
(a)(2) of this section.
    (c) <<NOTE: Reallocation. Requirements.>> The Secretary of the 
Interior and the Secretary of Agriculture may reallocate amounts from 
each agency's ``Contingency Fund'' line in the table titled ``Allocation 
of Funds: National Parks and Public Land Legacy Restoration Fund Fiscal 
Year 2023'' to any project funded by the National Parks and Public Land 
Legacy Restoration Fund within the same agency, from any fiscal year, 
that experienced a funding deficiency due to unforeseen cost overruns, 
in accordance with the following requirements:
            (1) ``Contingency Fund'' amounts may only be reallocated if 
        there is a risk to project completion resulting from unforeseen 
        cost overruns;
            (2) ``Contingency Fund'' amounts may only be reallocated for 
        cost of adjustments and changes within the original scope of 
        effort for projects funded by the National Parks and Public Land 
        Legacy Restoration Fund; and
            (3) <<NOTE: Notifications.>> The Secretary of the Interior 
        or the Secretary of Agriculture must provide written 
        notification to the Committees on Appropriations 30 days before 
        taking any actions authorized by this subsection if the amount 
        reallocated from the ``Contingency Fund'' line for a project is 
        projected to be 10 percent or greater than the following, as 
        applicable:
                    (A) The amount allocated to that project in the 
                table titled ``Allocation of Funds: National Parks and 
                Public Land

[[Page 136 STAT. 4829]]

                Legacy Restoration Fund Fiscal Year 2023'' in the 
                explanatory statement described in section 4 (in the 
                matter preceding division A of this consolidated Act); 
                or
                    (B) The initial estimate in the most recent report 
                submitted, prior to enactment of this Act, to the 
                Committees on Appropriations pursuant to section 431(e) 
                of division G of the Consolidated Appropriations Act, 
                2022 (Public Law 117-103).

    (d)(1) <<NOTE: Data sheets.>> Concurrent with the annual budget 
submission of the President for fiscal year 2024, the Secretary of the 
Interior and the Secretary of Agriculture shall each submit to the 
Committees on Appropriations of the House of Representatives and the 
Senate project data sheets for the projects in the ``Submission of 
Annual List of Projects to Congress'' required by section 200402(h) of 
title 54, United States Code:  Provided, That the ``Submission of Annual 
List of Projects to Congress'' must include a ``Contingency Fund'' line 
for each agency within the allocations defined in subsection (e) of 
section 200402 of title 54, United States Code:  Provided further, That 
in the event amounts allocated by this Act or any prior Act for the 
National Parks and Public Land Legacy Restoration Fund are no longer 
needed to complete a specified project, such amounts may be reallocated 
in such submission to that agency's ``Contingency Fund'' line:  Provided 
further, That any proposals to change the scope of or terminate a 
previously approved project must be clearly identified in such 
submission.

    (2)(A) <<NOTE: Lists.>>  Concurrent with the annual budget 
submission of the President for fiscal year 2024, the Secretary of the 
Interior and the Secretary of Agriculture shall each submit to the 
Committees on Appropriations of the House of Representatives and the 
Senate a list of supplementary allocations for Federal land acquisition 
and Forest Legacy Projects at the National Park Service, the U.S. Fish 
and Wildlife Service, the Bureau of Land Management, and the U.S. Forest 
Service that are in addition to the ``Submission of Cost Estimates'' 
required by section 200303(c)(1) of title 54, United States Code, that 
are prioritized and detailed by account, program, and project, and that 
total no less than half the full amount allocated to each account for 
that land management Agency under the allocations submitted under 
section 200303(c)(1) of title 54, United States Code:  Provided, That in 
the event amounts allocated by this Act or any prior Act pursuant to 
subsection (a) of section 200303 of title 54, United States Code are no 
longer needed because a project has been completed or can no longer be 
executed, such amounts must be clearly identified if proposed for 
reallocation in the annual budget submission.

    (B) The Federal land acquisition and Forest Legacy projects in the 
``Submission of Cost Estimates'' required by section 200303(c)(1) of 
title 54, United States Code, and on the list of supplementary 
allocations required by subparagraph (A) shall be comprised only of 
projects for which a willing seller has been identified and for which an 
appraisal or market research has been initiated.
    (C) Concurrent with the annual budget submission of the President 
for fiscal year 2024, the Secretary of the Interior and the Secretary of 
Agriculture shall each submit to the Committees on Appropriations of the 
House of Representatives and the Senate project data sheets in the same 
format and containing the same level of detailed information that is 
found on such sheets in the

[[Page 136 STAT. 4830]]

Budget Justifications annually submitted by the Department of the 
Interior with the President's Budget for the projects in the 
``Submission of Cost Estimates'' required by section 200303(c)(1) of 
title 54, United States Code, and in the same format and containing the 
same level of detailed information that is found on such sheets 
submitted to the Committees pursuant to section 427 of division D of the 
Further Consolidated Appropriations Act, 2020 (Public Law 116-94) for 
the list of supplementary allocations required by subparagraph (A).
    (e) <<NOTE: Reports.>> The Department of the Interior and the 
Department of Agriculture shall provide the Committees on Appropriations 
of the House of Representatives and Senate quarterly reports on the 
status of balances of projects and activities funded by the National 
Parks and Public Land Legacy Restoration Fund for amounts allocated 
pursuant to subsection (a)(1) of this section and the status of balances 
of projects and activities funded by the Land and Water Conservation 
Fund for amounts allocated pursuant to subsection (a)(2) of this 
section, including all uncommitted, committed, and unobligated funds, 
and, for amounts allocated pursuant to subsection (a)(1) of this 
section, National Parks and Public Land Legacy Restoration Fund amounts 
reallocated pursuant to subsection (c) of this section.

                   policies relating to biomass energy

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

[[Page 136 STAT. 4831]]

                        small remote incinerators

    Sec. 433. <<NOTE: Regulations. Alaska.>>  None of the funds made 
available in this Act may be used to implement or enforce the regulation 
issued on March 21, 2011 at 40 CFR part 60 subparts CCCC and DDDD with 
respect to units in the State of Alaska that are defined as ``small, 
remote incinerator'' units in those regulations and, until a subsequent 
regulation is issued, the Administrator shall implement the law and 
regulations in effect prior to such date.

                        timber sale requirements

    Sec. 434. <<NOTE: Alaska.>>  No timber sale in Alaska's Region 10 
shall be advertised if the indicated rate is deficit (defined as the 
value of the timber is not sufficient to cover all logging and stumpage 
costs and provide a normal profit and risk allowance under the Forest 
Service's appraisal process) when appraised using a residual value 
appraisal. The western red cedar timber from those sales which is 
surplus to the needs of the domestic processors in Alaska, shall be made 
available to domestic processors in the contiguous 48 United States at 
prevailing domestic prices. All additional western red cedar volume not 
sold to Alaska or contiguous 48 United States domestic processors may be 
exported to foreign markets at the election of the timber sale holder. 
All Alaska yellow cedar may be sold at prevailing export prices at the 
election of the timber sale holder.

 transfer authority to federal highway administration for the national 
              parks and public land legacy restoration fund

    Sec. 435.  Funds made available or allocated in this Act to the 
Department of the Interior or the Department of Agriculture that are 
subject to the allocations and limitations in 54 U.S.C. 200402(e) and 
prohibitions in 54 U.S.C. 200402(f) may be further allocated or 
reallocated to the Federal Highway Administration for transportation 
projects of the covered agencies defined in 54 U.S.C. 200401(2).

                       prohibition on use of funds

    Sec. 436.  Notwithstanding any other provision of law, none of the 
funds made available in this Act or any other Act may be used to 
promulgate or implement any regulation requiring the issuance of permits 
under title V of the Clean Air Act (42 U.S.C. 7661 et seq.) for carbon 
dioxide, nitrous oxide, water vapor, or methane emissions resulting from 
biological processes associated with livestock production.

                  greenhouse gas reporting restrictions

    Sec. 437.  Notwithstanding any other provision of law, none of the 
funds made available in this or any other Act may be used to implement 
any provision in a rule, if that provision requires mandatory reporting 
of greenhouse gas emissions from manure management systems.

[[Page 136 STAT. 4832]]

                           funding prohibition

    Sec. 438.  None of the funds made available by this or any other Act 
may be used to regulate the lead content of ammunition, ammunition 
components, or fishing tackle under the Toxic Substances Control Act (15 
U.S.C. 2601 et seq.) or any other law.

                            road construction

    Sec. 439.  Section 8206(a)(4)(B)(i) of the Agricultural Act of 2014 
(16 U.S.C. 2113a(a)(4)(B)(i)) is amended by inserting ``or Bureau of 
Land Management managed'' after ``National Forest System''.

                           firefighter pay cap

    Sec. 440.  Section 1701 of division B of the Extending Government 
Funding and Delivering Emergency Assistance Act (5 U.S.C. 5547 note), as 
amended by Public Law 117-103, is further amended--
            (1) in subsection (a)(1), by striking the last sentence and 
        inserting ``Any Services during a given calendar year that 
        generate payments payable in the subsequent calendar year shall 
        be disregarded in applying this subsection''; and
            (2) in subsections (a), (b), and (c) by inserting ``or 
        2023'' after ``or 2022'' each place it appears.

                 forest service interest bearing account

    Sec. 441. (a) <<NOTE: 16 USC 579c-1.>> Investment Authority.--Any 
monies covered into the Treasury under section 7 of the Act of June 20, 
1958 (Public Law 85-464; 16 U.S.C. 579c), including all monies that were 
previously collected by the United States in a forfeiture, judgment, 
compromise, or settlement, shall be invested by the Secretary of the 
Treasury in interest bearing obligations of the United States to the 
extent the amounts are not, in the judgment of the Secretary of the 
Treasury, required to meet current withdrawals.

    (b) Availability of Funds.--Any interest earned under subsection (a) 
shall be available in the same manner as the monies covered into the 
Treasury under section 7 of the Act of June 20, 1958 (Public Law 85-464; 
16 U.S.C. 579c) to cover the costs to the United States specified in 
section 7 of that Act.
    (c) Use of Funds.--Any portion of the monies received or earned 
under subsection (a) in excess of the amount expended in performing the 
work necessitated by the action which led to their receipt may be used 
to cover the other work specified in section 7 of the Act of June 20, 
1958 (Public Law 85-464; 16 U.S.C. 579c).
    (d) Effective Date.--This section shall apply with respect to fiscal 
year 2023 and each succeeding fiscal year.

                          technical correction

    Sec. 442.  In the table entitled ``Interior and Environment 
Incorporation of Community Project Funding Items/Congressionally 
Directed Spending Items'' in the explanatory statement described in 
section 4 in the matter preceding division A of Public Law 117-103 and 
in the table under the heading ``Disclosure of Earmarks

[[Page 136 STAT. 4833]]

and Congressionally Directed Spending Items'' in such explanatory 
statement, the project relating to ``City of Metlakatla for Solid Waste 
Multi Use Portable Shredder'' is deemed to be amended by striking ``City 
of Metlakatla for Solid Waste Multi Use Portable Shredder'' and 
inserting ``Metlakatla Indian Community for Solid Waste Multi Use 
Portable Shredder''.

                      hazardous substance superfund

    Sec. 443. <<NOTE: Repeal.>>  (a) Section 613 of title VI of division 
J of Public Law 117-58 <<NOTE: 26 USC 9507 note.>> is repealed.

    (b) <<NOTE: 26 USC 9507 note.>>  For this fiscal year and each 
fiscal year thereafter, such sums as are available in the Hazardous 
Substance Superfund established under section 9507 of the Internal 
Revenue Code of 1986 at the end of the preceding fiscal year from taxes 
received in the Treasury under subsection (b)(1) of such section shall 
be available, without further appropriation, to remain available until 
expended, to be used to carry out the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et 
seq.):  Provided, That the amount provided by this subsection is 
designated by the Congress as being for an emergency requirement 
pursuant to section 4001(a)(1) of S. Con. Res. 14 (117th Congress), the 
concurrent resolution on the budget for fiscal year 2022, and section 
1(e) of H. Res. 1151 (117th Congress), as engrossed in the House of 
Representatives on June 8, 2022.

    (c) Expenditures made pursuant to section 613 of title VI of 
division J of Public Law 117-58 shall be charged to the appropriation in 
subsection (b).

                  golden gate national recreation area

    Sec. 444.  Section 3 of Public Law 92-592 (16 U.S.C. 460cc-2) is 
amended by adding at the end the following:
    ``(j) Authority to Grant Easements and Rights-of-Way Permit.--
            ``(1) In general.--The Secretary of the Interior may grant, 
        to any State or local government, an easement or right-of-way 
        permit over Federal lands within Golden Gate National Recreation 
        Area for operation and maintenance of projects for control and 
        prevention of flooding and shoreline erosion and associated 
        structures for continued public access.
            ``(2) Charges and reimbursements of costs.--The Secretary 
        may grant such an easement or right-of-way permit without charge 
        for the value of the use so conveyed, except for reimbursement 
        of costs incurred by the United States for processing the 
        application therefore and managing such use. Amounts received as 
        such reimbursement shall be credited to the relevant 
        appropriation account.''.

     alaska native regional health entities authorization extension

    Sec. 445. <<NOTE: Applicability.>>   Section 424(a) of title IV of 
division G of the Consolidated Appropriations Act, 2014 (Public Law 113-
76) shall be applied by substituting ``October 1, 2023'' for ``December 
24, 2022''.

    This division may be cited as the ``Department of the Interior, 
Environment, and Related Agencies Appropriations Act, 2023''.

[[Page 136 STAT. 4834]]

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

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

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

                 Employment and Training Administration

                    training and employment services

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

[[Page 136 STAT. 4835]]

                there have been worker dislocations across multiple 
                sectors or across multiple local areas and such workers 
                remain dislocated; coordinate the State workforce 
                development plan with emerging economic development 
                needs; and train such eligible dislocated workers:  
                Provided further, That funds provided to carry out 
                sections 168(b) and 169(c) of the WIOA may be used for 
                technical assistance and demonstration projects, 
                respectively, that provide assistance to new entrants in 
                the workforce and incumbent workers:  Provided further, 
                That notwithstanding section 168(b) of the WIOA, of the 
                funds provided under this subparagraph, the Secretary 
                may reserve not more than 10 percent of such funds to 
                provide technical assistance and carry out additional 
                activities related to the transition to the WIOA:  
                Provided further, That of the funds provided under this 
                subparagraph, $115,000,000 shall be for training and 
                employment assistance under sections 168(b), 169(c) 
                (notwithstanding the 10 percent limitation in such 
                section) and 170 of the WIOA as follows:
                          (i) $50,000,000 shall be for workers in the 
                      Appalachian region, as defined by 40 U.S.C. 
                      14102(a)(1), workers in the Lower Mississippi, as 
                      defined in section 4(2) of the Delta Development 
                      Act (Public Law 100-460, 102 Stat. 2246; 7 U.S.C. 
                      2009aa(2)), and workers in the region served by 
                      the Northern Border Regional Commission, as 
                      defined by 40 U.S.C. 15733; and
                          (ii) $65,000,000 shall be for the purpose of 
                      developing, offering, or improving educational or 
                      career training programs at community colleges, 
                      defined as public institutions of higher 
                      education, as described in section 101(a) of the 
                      Higher Education Act of 1965 and at which the 
                      associate's degree is primarily the highest degree 
                      awarded, with other eligible institutions of 
                      higher education, as defined in section 101(a) of 
                      the Higher Education Act of 1965, eligible to 
                      participate through consortia, with community 
                      colleges as the lead grantee:  
                      Provided, <<NOTE: Requirements.>>  That the 
                      Secretary shall follow the requirements for the 
                      program in House Report 116-62:  Provided further, 
                      That any grant funds used for apprenticeships 
                      shall be used to support only apprenticeship 
                      programs registered under the National 
                      Apprenticeship Act and as referred to in section 
                      3(7)(B) of the WIOA;
                    (B) $60,000,000 for Native American programs under 
                section 166 of the WIOA, which shall be available for 
                the period July 1, 2023 through June 30, 2024;
                    (C) $97,396,000 for migrant and seasonal farmworker 
                programs under section 167 of the WIOA, including 
                $90,134,000 for formula grants (of which not less than 
                70 percent shall be for employment and training 
                services), $6,591,000 for migrant and seasonal housing 
                (of which not less than 70 percent shall be for 
                permanent housing), and $671,000 for other discretionary 
                purposes, which shall be available for the period April 
                1, 2023 through June 30, 2024:  Provided, That 
                notwithstanding any other provision of law or related 
                regulation, the Department of Labor shall take no action 
                limiting the number or proportion

[[Page 136 STAT. 4836]]

                of eligible participants receiving related assistance 
                services or discouraging grantees from providing such 
                services:  Provided further, That notwithstanding the 
                definition of ``eligible seasonal farmworker'' in 
                section 167(i)(3)(A) of the WIOA relating to an 
                individual being ``low-income'', an individual is 
                eligible for migrant and seasonal farmworker programs 
                under section 167 of the WIOA under that definition if, 
                in addition to meeting the requirements of clauses (i) 
                and (ii) of section 167(i)(3)(A), such individual is a 
                member of a family with a total family income equal to 
                or less than 150 percent of the poverty line;
                    (D) $105,000,000 for YouthBuild activities as 
                described in section 171 of the WIOA, which shall be 
                available for the period April 1, 2023 through June 30, 
                2024;
                    (E) $115,000,000 for ex-offender activities, under 
                the authority of section 169 of the WIOA, which shall be 
                available for the period April 1, 2023 through June 30, 
                2024:  Provided, That of this amount, $30,000,000 shall 
                be for competitive grants to national and regional 
                intermediaries for activities that prepare for 
                employment young adults with criminal legal histories, 
                young adults who have been justice system-involved, or 
                young adults who have dropped out of school or other 
                educational programs, with a priority for projects 
                serving high-crime, high-poverty areas;
                    (F) $6,000,000 for the Workforce Data Quality 
                Initiative, under the authority of section 169 of the 
                WIOA, which shall be available for the period July 1, 
                2023 through June 30, 2024;
                    (G) $285,000,000 to expand opportunities through 
                apprenticeships only registered under the National 
                Apprenticeship Act and as referred to in section 3(7)(B) 
                of the WIOA, to be available to the Secretary to carry 
                out activities through grants, cooperative agreements, 
                contracts and other arrangements, with States and other 
                appropriate entities, including equity intermediaries 
                and business and labor industry partner intermediaries, 
                which shall be available for the period July 1, 2023 
                through June 30, 2024; and
                    (H) $217,324,000 for carrying out Demonstration and 
                Pilot projects under section 169(c) of the WIOA, which 
                shall be available for the period April 1, 2023 through 
                June 30, 2024, in addition to funds available for such 
                activities under subparagraph (A) for the projects, and 
                in the amounts, specified in the table titled 
                ``Community Project Funding/Congressionally Directed 
                Spending'' included for this division in the explanatory 
                statement described in section 4 (in the matter 
                preceding division A of this consolidated Act):  
                Provided, That such funds may be used for projects that 
                are related to the employment and training needs of 
                dislocated workers, other adults, or youth:  Provided 
                further, That the 10 percent funding limitation under 
                such section of the WIOA shall not apply to such funds:  
                Provided further, That section 169(b)(6)(C) of the WIOA 
                shall not apply to such funds:  Provided further, That 
                sections 102 and 107 of this Act shall not apply to such 
                funds.

[[Page 136 STAT. 4837]]

                                job corps

                      (including transfer of funds)

    To carry out subtitle C of title I of the WIOA, including Federal 
administrative expenses, the purchase and hire of passenger motor 
vehicles, the construction, alteration, and repairs of buildings and 
other facilities, and the purchase of real property for training centers 
as authorized by the WIOA, $1,760,155,000, plus reimbursements, as 
follows:
            (1) $1,603,325,000 for Job Corps Operations, which shall be 
        available for the period July 1, 2023 through June 30, 2024;
            (2) $123,000,000 for construction, rehabilitation and 
        acquisition of Job Corps Centers, which shall be available for 
        the period July 1, 2023 through June 30, 2026, and which may 
        include the acquisition, maintenance, and repair of major items 
        of equipment:  Provided, That the Secretary may transfer up to 
        15 percent of such funds to meet the operational needs of such 
        centers or to achieve administrative efficiencies:  Provided 
        further, <<NOTE: Termination date.>>  That any funds transferred 
        pursuant to the preceding proviso shall not be available for 
        obligation after June 30, 2023:  Provided 
        further, <<NOTE: Notifications.>> That the Committees on 
        Appropriations of the House of Representatives and the Senate 
        are notified at least 15 days in advance of any transfer; and
            (3) $33,830,000 for necessary expenses of Job Corps, which 
        shall be available for obligation for the period October 1, 2022 
        through September 30, 2023:

  Provided, That no funds from any other appropriation shall be used to 
provide meal services at or for Job Corps Centers.

            community service employment for older americans

    To carry out title V of the Older Americans Act of 1965 (referred to 
in this Act as ``OAA''), $405,000,000, which shall be available for the 
period April 1, 2023 through June 30, 2024, and may be recaptured and 
reobligated in accordance with section 517(c) of the OAA.

              federal unemployment benefits and allowances

    For payments during fiscal year 2023 of trade adjustment benefit 
payments and allowances under part I of subchapter B of chapter 2 of 
title II of the Trade Act of 1974, and section 246 of that Act; and for 
training, employment and case management services, allowances for job 
search and relocation, and related State administrative expenses under 
part II of subchapter B of chapter 2 of title II of the Trade Act of 
1974, and including benefit payments, allowances, training, employment 
and case management services, and related State administration provided 
pursuant to section 231(a) of the Trade Adjustment Assistance Extension 
Act of 2011, sections 405(a) and 406 of the Trade Preferences Extension 
Act of 2015, and section 285(a) of the Trade Act of 1974, as amended, 
$494,400,000 together with such amounts as may be necessary to be 
charged to the subsequent appropriation for payments for any period 
subsequent to September 15, 2023:  Provided, That notwithstanding 
section 502 of this Act, any part of the appropriation provided under 
this heading may remain available for obligation

[[Page 136 STAT. 4838]]

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

     state unemployment insurance and employment service operations

                      (including transfer of funds)

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

[[Page 136 STAT. 4839]]

        30, 2024, and funds used for unemployment insurance workloads 
        experienced through September 30, 2023 shall be available for 
        Federal obligation through December 31, 2023;
            (2) $23,000,000 from the Trust Fund is for national 
        activities necessary to support the administration of the 
        Federal-State unemployment insurance system;
            (3) $658,639,000 from the Trust Fund, together with 
        $21,413,000 from the General Fund of the Treasury, is for grants 
        to States in accordance with section 6 of the Wagner-Peyser Act, 
        and shall be available for Federal obligation for the period 
        July 1, 2023 through June 30, 2024;
            (4) $25,000,000 from the Trust Fund is for national 
        activities of the Employment Service, including administration 
        of the work opportunity tax credit under section 51 of the 
        Internal Revenue Code of 1986 (including assisting States in 
        adopting or modernizing information technology for use in the 
        processing of certification requests), and the provision of 
        technical assistance and staff training under the Wagner-Peyser 
        Act;
            (5) $83,810,000 from the Trust Fund is for the 
        administration of foreign labor certifications and related 
        activities under the Immigration and Nationality Act and related 
        laws, of which $60,528,000 shall be available for the Federal 
        administration of such activities, and $23,282,000 shall be 
        available for grants to States for the administration of such 
        activities; and
            (6) $62,653,000 from the General Fund is to provide 
        workforce information, national electronic tools, and one-stop 
        system building under the Wagner-Peyser Act and shall be 
        available for Federal obligation for the period July 1, 2023 
        through June 30, 2024, of which up to $9,800,000 may be used to 
        carry out research and demonstration projects related to testing 
        effective ways to promote greater labor force participation of 
        people with disabilities:  Provided, That the Secretary may 
        transfer amounts made available for research and demonstration 
        projects under this paragraph to the ``Office of Disability 
        Employment Policy'' account for such purposes:

  Provided, That to the extent that the Average Weekly Insured 
Unemployment (``AWIU'') for fiscal year 2023 is projected by the 
Department of Labor to exceed 1,778,000, an additional $28,600,000 from 
the Trust Fund shall be available for obligation for every 100,000 
increase in the AWIU level (including a pro rata amount for any 
increment less than 100,000) to carry out title III of the Social 
Security Act:  Provided further, That funds appropriated in this Act 
that are allotted to a State to carry out activities under title III of 
the Social Security Act may be used by such State to assist other States 
in carrying out activities under such title III if the other States 
include areas that have suffered a major disaster declared by the 
President under the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act:  Provided further, That <<NOTE: Payments.>> the 
Secretary may use funds appropriated for grants to States under title 
III of the Social Security Act to make payments on behalf of States for 
the use of the National Directory of New Hires under section 453(j)(8) 
of such Act:  Provided further <<NOTE: Payments.>> , That the Secretary 
may use funds appropriated for grants to States under title III of the 
Social Security Act to make payments on behalf of States to the entity 
operating the State Information Data Exchange System:  Provided 
further, <<NOTE: Contracts. Grants.>>  That funds appropriated in this 
Act which are used to establish a national one-stop career

[[Page 136 STAT. 4840]]

center system, or which are used to support the national activities of 
the Federal-State unemployment insurance, employment service, or 
immigration programs, may be obligated in contracts, grants, or 
agreements with States and non-State entities:  Provided further, 
That <<NOTE: Grants.>> States awarded competitive grants for improved 
operations under title III of the Social Security Act, or awarded grants 
to support the national activities of the Federal-State unemployment 
insurance system, may award subgrants to other States and non-State 
entities under such grants, subject to the conditions applicable to the 
grants:  Provided further, That funds appropriated under this Act for 
activities authorized under title III of the Social Security Act and the 
Wagner-Peyser Act may be used by States to fund integrated Unemployment 
Insurance and Employment Service automation efforts, notwithstanding 
cost allocation principles prescribed under the final rule entitled 
``Uniform Administrative Requirements, Cost Principles, and Audit 
Requirements for Federal Awards'' at part 200 of title 2, Code of 
Federal Regulations:  Provided further, <<NOTE: Reallotment.>>  That the 
Secretary, at the request of a State participating in a consortium with 
other States, may reallot funds allotted to such State under title III 
of the Social Security Act to other States participating in the 
consortium or to the entity operating the Unemployment Insurance 
Information Technology Support Center in order to carry out activities 
that benefit the administration of the unemployment compensation law of 
the State making the request:  Provided further, <<NOTE: Fees.>>  That 
the Secretary may collect fees for the costs associated with additional 
data collection, analyses, and reporting services relating to the 
National Agricultural Workers Survey requested by State and local 
governments, public and private institutions of higher education, and 
nonprofit organizations and may utilize such sums, in accordance with 
the provisions of 29 U.S.C. 9a, for the National Agricultural Workers 
Survey infrastructure, methodology, and data to meet the information 
collection and reporting needs of such entities, which shall be credited 
to this appropriation and shall remain available until September 30, 
2024, for such purposes.

         advances to the unemployment trust fund and other funds

    For repayable advances to the Unemployment Trust Fund as authorized 
by sections 905(d) and 1203 of the Social Security Act, and to the Black 
Lung Disability Trust Fund as authorized by section 9501(c)(1) of the 
Internal Revenue Code of 1986; and for nonrepayable advances to the 
revolving fund established by section 901(e) of the Social Security Act, 
to the Unemployment Trust Fund as authorized by 5 U.S.C. 8509, and to 
the ``Federal Unemployment Benefits and Allowances'' account, such sums 
as may be necessary, which shall be available for obligation through 
September 30, 2024.

                         program administration

    For expenses of administering employment and training programs, 
$118,900,000, together with not to exceed $54,015,000 which may be 
expended from the Employment Security Administration Account in the 
Unemployment Trust Fund.

[[Page 136 STAT. 4841]]

                Employee Benefits Security Administration

                          salaries and expenses

    For necessary expenses for the Employee Benefits Security 
Administration, $191,100,000, of which up to $3,000,000 shall be made 
available through September 30, 2024, for the procurement of expert 
witnesses for enforcement litigation.

                  Pension Benefit Guaranty Corporation

                pension benefit guaranty corporation fund

    The <<NOTE: Contracts.>> Pension Benefit Guaranty Corporation 
(``Corporation'') is authorized to make such expenditures, including 
financial assistance authorized by subtitle E of title IV of the 
Employee Retirement Income Security Act of 1974, within limits of funds 
and borrowing authority available to the Corporation, and in accord with 
law, and to make such contracts and commitments without regard to fiscal 
year limitations, as provided by 31 U.S.C. 9104, as may be necessary in 
carrying out the program, including associated administrative expenses, 
through September 30, 2023, for the Corporation:  Provided, That none of 
the funds available to the Corporation for fiscal year 2023 shall be 
available for obligations for administrative expenses in excess of 
$493,314,000:  Provided further, That to the extent that the number of 
new plan participants in plans terminated by the Corporation exceeds 
100,000 in fiscal year 2023, an amount not to exceed an additional 
$9,200,000 shall be available through September 30, 2027, for 
obligations for administrative expenses for every 20,000 additional 
terminated participants:  Provided 
further, <<NOTE: Approval. Notifications.>> That obligations in excess 
of the amounts provided for administrative expenses in this paragraph 
may be incurred and shall be available through September 30, 2027 for 
obligation for unforeseen and extraordinary pre-termination or 
termination expenses or extraordinary multiemployer program related 
expenses after approval by the Office of Management and Budget and 
notification of the Committees on Appropriations of the House of 
Representatives and the Senate:  Provided further, That an additional 
amount shall be available for obligation through September 30, 2027 to 
the extent the Corporation's costs exceed $250,000 for the provision of 
credit or identity monitoring to affected individuals upon suffering a 
security incident or privacy breach, not to exceed an additional $100 
per affected individual.

                         Wage and Hour Division

                          salaries and expenses

    For necessary expenses for the Wage and Hour Division, including 
reimbursement to State, Federal, and local agencies and their employees 
for inspection services rendered, $260,000,000.

                  Office of Labor-Management Standards

                          salaries and expenses

    For necessary expenses for the Office of Labor-Management Standards, 
$48,515,000.

[[Page 136 STAT. 4842]]

             Office of Federal Contract Compliance Programs

                          salaries and expenses

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

                Office of Workers' Compensation Programs

                          salaries and expenses

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

                            special benefits

                      (including transfer of funds)

    For the payment of compensation, benefits, and expenses (except 
administrative expenses not otherwise authorized) accruing during the 
current or any prior fiscal year authorized by 5 U.S.C. 81; continuation 
of benefits as provided for under the heading ``Civilian War Benefits'' 
in the Federal Security Agency Appropriation Act, 1947; the Employees' 
Compensation Commission Appropriation Act, 1944; section 5(f) of the War 
Claims Act (50 U.S.C. App. 2012); obligations incurred under the War 
Hazards Compensation Act (42 U.S.C. 1701 et seq.); and 50 percent of the 
additional compensation and benefits required by section 10(h) of the 
Longshore and Harbor Workers' Compensation Act, $250,000,000, together 
with such amounts as may be necessary to be charged to the subsequent 
year appropriation for the payment of compensation and other benefits 
for any period subsequent to August 15 of the current year, for deposit 
into and to assume the attributes of the Employees' Compensation Fund 
established under 5 U.S.C. 8147(a):  
Provided, <<NOTE: Reimbursement.>> That amounts appropriated may be used 
under 5 U.S.C. 8104 by the Secretary to reimburse an employer, who is 
not the employer at the time of injury, for portions of the salary of a 
re-employed, disabled beneficiary:  
Provided <<NOTE: Reimbursements.>> further, That balances of 
reimbursements unobligated on September 30, 2022, shall remain available 
until expended for the payment of compensation, benefits, and expenses:  
Provided further, <<NOTE: Determination.>> That in addition there shall 
be transferred to this appropriation from the Postal Service and from 
any other corporation or instrumentality required under 5 U.S.C. 8147(c) 
to pay an amount for its fair share of the cost of administration, such 
sums as the Secretary determines to be the cost of administration for 
employees of such fair share entities through September 30, 2023:  
Provided further, That of those funds transferred to this account from 
the fair share entities to pay the cost of administration of the Federal 
Employees' Compensation Act, $81,752,000 shall be made available to the 
Secretary as follows:
            (1) For enhancement and maintenance of automated data 
        processing systems operations and telecommunications systems, 
        $27,727,000;

[[Page 136 STAT. 4843]]

            (2) For automated workload processing operations, including 
        document imaging, centralized mail intake, and medical bill 
        processing, $26,125,000;
            (3) For periodic roll disability management and medical 
        review, $26,126,000;
            (4) For program integrity, $1,744,000; and
            (5) The remaining funds shall be paid into the Treasury as 
        miscellaneous receipts:

  Provided further, That the Secretary may require that any person 
filing a notice of injury or a claim for benefits under 5 U.S.C. 81, or 
the Longshore and Harbor Workers' Compensation Act, provide as part of 
such notice and claim, such identifying information (including Social 
Security account number) as such regulations may prescribe.

                special benefits for disabled coal miners

    For carrying out title IV of the Federal Mine Safety and Health Act 
of 1977, as amended by Public Law 107-275, $36,031,000, to remain 
available until expended.
    For making after July 31 of the current fiscal year, benefit 
payments to individuals under title IV of such Act, for costs incurred 
in the current fiscal year, such amounts as may be necessary.
    For making benefit payments under title IV for the first quarter of 
fiscal year 2024, $10,250,000, to remain available until expended.

     administrative expenses, energy employees occupational illness 
                            compensation fund

    For necessary expenses to administer the Energy Employees 
Occupational Illness Compensation Program Act, $64,564,000, to remain 
available until expended:  Provided, That the Secretary may require that 
any person filing a claim for benefits under the Act provide as part of 
such claim such identifying information (including Social Security 
account number) as may be prescribed.

                    black lung disability trust fund

                      (including transfer of funds)

     <<NOTE: 26 USC 9501 note.>> Such sums as may be necessary from the 
Black Lung Disability Trust Fund (the ``Fund''), to remain available 
until expended, for payment of all benefits authorized by section 
9501(d)(1), (2), (6), and (7) of the Internal Revenue Code of 1986; and 
repayment of, and payment of interest on advances, as authorized by 
section 9501(d)(4) of that Act. In addition, the following amounts may 
be expended from the Fund for fiscal year 2023 for expenses of operation 
and administration of the Black Lung Benefits program, as authorized by 
section 9501(d)(5): not to exceed $42,194,000 for transfer to the Office 
of Workers' Compensation Programs, ``Salaries and Expenses''; not to 
exceed $38,407,000 for transfer to Departmental Management, ``Salaries 
and Expenses''; not to exceed $353,000 for transfer to Departmental 
Management, ``Office of Inspector General''; and not to exceed $356,000 
for payments into miscellaneous receipts for the expenses of the 
Department of the Treasury.

[[Page 136 STAT. 4844]]

              Occupational Safety and Health Administration

                          salaries and expenses

    For necessary expenses for the Occupational Safety and Health 
Administration, $632,309,000, including not to exceed $120,000,000 which 
shall be the maximum amount available for grants to States under section 
23(g) of the Occupational Safety and Health Act (the ``Act''), which 
grants shall be no less than 50 percent of the costs of State 
occupational safety and health programs required to be incurred under 
plans approved by the Secretary under section 18 of the Act; and, in 
addition, notwithstanding 31 U.S.C. 3302, the Occupational Safety and 
Health Administration may retain up to $499,000 per fiscal year of 
training institute course tuition and fees, otherwise authorized by law 
to be collected, and may utilize such sums for occupational safety and 
health training and education:  Provided, 
That <<NOTE: Fees.>> notwithstanding 31 U.S.C. 3302, the Secretary is 
authorized, during the fiscal year ending September 30, 2023, to collect 
and retain fees for services provided to Nationally Recognized Testing 
Laboratories, and may utilize such sums, in accordance with the 
provisions of 29 U.S.C. 9a, to administer national and international 
laboratory recognition programs that ensure the safety of equipment and 
products used by workers in the workplace:  Provided 
further, <<NOTE: Farms and farming.>> That none of the funds 
appropriated under this paragraph shall be obligated or expended to 
prescribe, issue, administer, or enforce any standard, rule, regulation, 
or order under the Act which is applicable to any person who is engaged 
in a farming operation which does not maintain a temporary labor camp 
and employs 10 or fewer employees:  Provided further, That 
no <<NOTE: Small businesses.>> funds appropriated under this paragraph 
shall be obligated or expended to administer or enforce any standard, 
rule, regulation, or order under the Act with respect to any employer of 
10 or fewer employees who is included within a category having a Days 
Away, Restricted, or Transferred (``DART'') occupational injury and 
illness rate, at the most precise industrial classification code for 
which such data are published, less than the national average rate as 
such rates are most recently published by the Secretary, acting through 
the Bureau of Labor Statistics, in accordance with section 24 of the 
Act, except--
            (1) to provide, as authorized by the Act, consultation, 
        technical assistance, educational and training services, and to 
        conduct surveys and studies;
            (2) to conduct an inspection or investigation in response to 
        an employee complaint, to issue a citation for violations found 
        during such inspection, and to assess a penalty for violations 
        which are not corrected within a reasonable abatement period and 
        for any willful violations found;
            (3) to take any action authorized by the Act with respect to 
        imminent dangers;
            (4) to take any action authorized by the Act with respect to 
        health hazards;
            (5) to take any action authorized by the Act with respect to 
        a report of an employment accident which is fatal to one or more 
        employees or which results in hospitalization of two or more 
        employees, and to take any action pursuant to such investigation 
        authorized by the Act; and

[[Page 136 STAT. 4845]]

            (6) to take any action authorized by the Act with respect to 
        complaints of discrimination against employees for exercising 
        rights under the Act:

  Provided further, <<NOTE: Deadline.>>  That the foregoing proviso 
shall not apply to any person who is engaged in a farming operation 
which does not maintain a temporary labor camp and employs 10 or fewer 
employees:  Provided further, That $12,787,000 shall be available for 
Susan Harwood training grants, of which not more than $6,500,000 is for 
Susan Harwood Training Capacity Building Developmental grants, for 
program activities starting not later than September 30, 2023 and 
lasting for a period of 12 months:  Provided further, That not less than 
$3,500,000 shall be for Voluntary Protection Programs.

                  Mine Safety and Health Administration

                          salaries and expenses

    For necessary expenses for the Mine Safety and Health 
Administration, $387,816,000, including purchase and bestowal of 
certificates and trophies in connection with mine rescue and first-aid 
work, and the hire of passenger motor vehicles, including up to 
$2,000,000 for mine rescue and recovery activities and not less than 
$10,537,000 for State assistance grants:  Provided, That notwithstanding 
31 U.S.C. 3302, not to exceed $750,000 may be collected by the National 
Mine Health and Safety Academy for room, board, tuition, and the sale of 
training materials, otherwise authorized by law to be collected, to be 
available for mine safety and health education and training activities:  
Provided further, <<NOTE: 30 USC 966 note.>>  That notwithstanding 31 
U.S.C. 3302, the Mine Safety and Health Administration is authorized to 
collect and retain up to $2,499,000 from fees collected for the approval 
and certification of equipment, materials, and explosives for use in 
mines, and may utilize such sums for such activities:  Provided 
further, <<NOTE: 30 USC 962.>>  That the Secretary is authorized to 
accept lands, buildings, equipment, and other contributions from public 
and private sources and to prosecute projects in cooperation with other 
agencies, Federal, State, or private:  Provided further, <<NOTE: 30 USC 
962.>>  That the Mine Safety and Health Administration is authorized to 
promote health and safety education and training in the mining community 
through cooperative programs with States, industry, and safety 
associations:  Provided further, <<NOTE: 30 USC 962.>> That the 
Secretary is authorized to recognize the Joseph A. Holmes Safety 
Association as a principal safety association and, notwithstanding any 
other provision of law, may provide funds and, with or without 
reimbursement, personnel, including service of Mine Safety and Health 
Administration officials as officers in local chapters or in the 
national organization:  Provided further, That <<NOTE: Approval. 30 USC 
962.>> any funds available to the Department of Labor may be used, with 
the approval of the Secretary, to provide for the costs of mine rescue 
and survival operations in the event of a major disaster.

                       Bureau of Labor Statistics

                          salaries and expenses

    For necessary expenses for the Bureau of Labor Statistics, including 
advances or reimbursements to State, Federal, and local agencies and 
their employees for services rendered, $629,952,000,

[[Page 136 STAT. 4846]]

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

                 Office of Disability Employment Policy

                          salaries and expenses

                      (including transfer of funds)

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

                         Departmental Management

                          salaries and expenses

                      (including transfer of funds)

    For necessary expenses for Departmental Management, including the 
hire of three passenger motor vehicles, $391,889,000, together with not 
to exceed $308,000, which may be expended from the Employment Security 
Administration account in the Unemployment Trust Fund:  Provided, That 
$81,725,000 for the Bureau of International Labor Affairs shall be 
available for obligation through December 31, 2023:  Provided 
further, <<NOTE: Contracts. Grants.>> That funds available to the Bureau 
of International Labor Affairs may be used to administer or operate 
international labor activities, bilateral and multilateral technical 
assistance, and microfinance programs, by or through contracts, grants, 
subgrants and other arrangements:  Provided further, That not less than 
$30,175,000 shall be for programs to combat exploitative child labor 
internationally and not less than $30,175,000 shall be used to implement 
model programs that address worker rights issues through technical 
assistance in countries with which the United States has free trade 
agreements or trade preference programs:  Provided further, That 
$8,281,000 shall be used for program evaluation and shall be available 
for obligation through September 30, 2024:  Provided further, That funds 
available for program evaluation may be used to administer grants for 
the purpose of evaluation:  Provided further, That grants made for the 
purpose of evaluation shall be awarded through fair and open 
competition:  Provided further, That funds available for program 
evaluation may be transferred to any other appropriate account in the 
Department for such purpose:  Provided further, 
That <<NOTE: Notifications.>>  the Committees on Appropriations of the 
House of Representatives and the Senate are notified at least 15 days in 
advance of any transfer:  Provided further, That the funds available to 
the Women's Bureau may be used for grants to serve and promote the 
interests of women in the workforce:  Provided further, That

[[Page 136 STAT. 4847]]

of the amounts made available to the Women's Bureau, not less than 
$5,000,000 shall be used for grants authorized by the Women in 
Apprenticeship and Nontraditional Occupations Act.

                    veterans' employment and training

    Not to exceed $269,841,000 may be derived from the Employment 
Security Administration account in the Unemployment Trust Fund to carry 
out the provisions of chapters 41, 42, and 43 of title 38, United States 
Code, of which--
            (1) $185,000,000 is for Jobs for Veterans State grants under 
        38 U.S.C. 4102A(b)(5) to support disabled veterans' outreach 
        program specialists under section 4103A of such title and local 
        veterans' employment representatives under section 4104(b) of 
        such title, and for the expenses described in section 
        4102A(b)(5)(C), which shall be available for expenditure by the 
        States through September 30, 2025, and not to exceed 3 percent 
        for the necessary Federal expenditures for data systems and 
        contract support to allow for the tracking of participant and 
        performance information:  Provided, That, in addition, such 
        funds may be used to support such specialists and 
        representatives in the provision of services to transitioning 
        members of the Armed Forces who have participated in the 
        Transition Assistance Program and have been identified as in 
        need of intensive services, to members of the Armed Forces who 
        are wounded, ill, or injured and receiving treatment in military 
        treatment facilities or warrior transition units, and to the 
        spouses or other family caregivers of such wounded, ill, or 
        injured members;
            (2) $34,379,000 is for carrying out the Transition 
        Assistance Program under 38 U.S.C. 4113 and 10 U.S.C. 1144;
            (3) $47,048,000 is for Federal administration of chapters 
        41, 42, and 43 of title 38, and sections 2021, 2021A and 2023 of 
        title 38, United States Code:  Provided, That, up to $500,000 
        may be used to carry out the Hire VETS Act (division O of Public 
        Law 115-31); and
            (4) $3,414,000 is for the National Veterans' Employment and 
        Training Services Institute under 38 U.S.C. 4109:

  Provided, <<NOTE: Reallocation.>> That the Secretary may reallocate 
among the appropriations provided under paragraphs (1) through (4) above 
an amount not to exceed 3 percent of the appropriation from which such 
reallocation is made.

    In addition, from the General Fund of the Treasury, $65,500,000 is 
for carrying out programs to assist homeless veterans and veterans at 
risk of homelessness who are transitioning from certain institutions 
under sections 2021, 2021A, and 2023 of title 38, United States Code:  
Provided, <<NOTE: Grants.>>  That notwithstanding subsections (c)(3) and 
(d) of section 2023, the Secretary may award grants through September 
30, 2023, to provide services under such section:  Provided further, 
That services provided under sections 2021 or under 2021A may include, 
in addition to services to homeless veterans described in section 
2002(a)(1), services to veterans who were homeless at some point within 
the 60 days prior to program entry or veterans who are at risk of 
homelessness within the next 60 days, and that services provided under 
section 2023 may include, in addition to services to the individuals 
described in subsection (e) of such section, services to veterans 
recently released from

[[Page 136 STAT. 4848]]

incarceration who are at risk of homelessness:  Provided further, That 
notwithstanding <<NOTE: Data. Contracts.>> paragraph (3) under this 
heading, funds appropriated in this paragraph may be used for data 
systems and contract support to allow for the tracking of participant 
and performance information:  Provided further, That notwithstanding 
sections 2021(e)(2) and 2021A(f)(2) of title 38, United States Code, 
such funds shall be available for expenditure pursuant to 31 U.S.C. 
1553.

    In <<NOTE: Fees.>> addition, fees may be assessed and deposited in 
the HIRE Vets Medallion Award Fund pursuant to section 5(b) of the HIRE 
Vets Act, and such amounts shall be available to the Secretary to carry 
out the HIRE Vets Medallion Award Program, as authorized by such Act, 
and shall remain available until expended:  Provided, That such sums 
shall be in addition to any other funds available for such purposes, 
including funds available under paragraph (3) of this heading:  Provided 
further, That section 2(d) of division O of the Consolidated 
Appropriations Act, 2017 (Public Law 115-31; 38 U.S.C. 4100 note) shall 
not apply.

                            it modernization

    For necessary expenses for Department of Labor centralized 
infrastructure technology investment activities related to support 
systems and modernization, $34,269,000, which shall be available through 
September 30, 2024.

                       office of inspector general

    For salaries and expenses of the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, 
$91,187,000, together with not to exceed $5,841,000 which may be 
expended from the Employment Security Administration account in the 
Unemployment Trust Fund:  Provided, That not more than $2,000,000 of the 
amount provided under this heading may be available until expended.

                           General Provisions

    Sec. 101.  None of the funds appropriated by this Act for the Job 
Corps shall be used to pay the salary and bonuses of an individual, 
either as direct costs or any proration as an indirect cost, at a rate 
in excess of Executive Level II.

                           (transfer of funds)

    Sec. 102.  Not to exceed 1 percent of any discretionary funds 
(pursuant to the Balanced Budget and Emergency Deficit Control Act of 
1985) which are appropriated for the current fiscal year for the 
Department of Labor in this Act may be transferred between a program, 
project, or activity, but no such program, project, or activity shall be 
increased by more than 3 percent by any such transfer:  Provided, That 
the transfer authority granted by this section shall not be used to 
create any new program or to fund any project or activity for which no 
funds are provided in this Act:  Provided 
further, <<NOTE: Notifications.>> That the Committees on Appropriations 
of the House of Representatives and the Senate are notified at least 15 
days in advance of any transfer.

[[Page 136 STAT. 4849]]

    Sec. <<NOTE: Child labor.>> 103.  In accordance with Executive Order 
13126, none of the funds appropriated or otherwise made available 
pursuant to this Act shall be obligated or expended for the procurement 
of goods mined, produced, manufactured, or harvested or services 
rendered, in whole or in part, by forced or indentured child labor in 
industries and host countries already identified by the United States 
Department of Labor prior to enactment of this Act.

    Sec. 104.  Except as otherwise provided in this section, none of the 
funds made available to the Department of Labor for grants under section 
414(c) of the American Competitiveness and Workforce Improvement Act of 
1998 (29 U.S.C. 2916a) may be used for any purpose other than 
competitive grants for training individuals who are older than 16 years 
of age and are not currently enrolled in school within a local 
educational agency in the occupations and industries for which employers 
are using H-1B visas to hire foreign workers, and the related activities 
necessary to support such training.
    Sec. 105.  None of the funds made available by this Act under the 
heading ``Employment and Training Administration'' shall be used by a 
recipient or subrecipient of such funds to pay the salary and bonuses of 
an individual, either as direct costs or indirect costs, at a rate in 
excess of Executive Level II. This limitation shall not apply to vendors 
providing goods and services as defined in Office of Management and 
Budget Circular A-133. Where States are recipients of such funds, States 
may establish a lower limit for salaries and bonuses of those receiving 
salaries and bonuses from subrecipients of such funds, taking into 
account factors including the relative cost-of-living in the State, the 
compensation levels for comparable State or local government employees, 
and the size of the organizations that administer Federal programs 
involved including Employment and Training Administration programs.

                           (transfer of funds)

    Sec. 106. (a) Notwithstanding section 102, the Secretary may 
transfer funds made available to the Employment and Training 
Administration by this Act, either directly or through a set-aside, for 
technical assistance services to grantees to ``Program Administration'' 
when it is determined that those services will be more efficiently 
performed by Federal employees:  Provided, That this section shall not 
apply to section 171 of the WIOA.
    (b) Notwithstanding section 102, the Secretary may transfer not more 
than 0.5 percent of each discretionary appropriation made available to 
the Employment and Training Administration by this Act to ``Program 
Administration'' in order to carry out program integrity activities 
relating to any of the programs or activities that are funded under any 
such discretionary appropriations:  Provided, That notwithstanding 
section 102 and the preceding proviso, the Secretary may transfer not 
more than 0.5 percent of funds made available in paragraphs (1) and (2) 
of the ``Office of Job Corps'' account to paragraph (3) of such account 
to carry out program integrity activities related to the Job Corps 
program:  Provided further, <<NOTE: Grants. Contracts.>> That funds 
transferred under this subsection shall be available to the Secretary to 
carry out program integrity activities directly or through grants, 
cooperative agreements, contracts and other arrangements with States and 
other appropriate entities:

[[Page 136 STAT. 4850]]

 Provided further, That funds transferred under the authority provided 
by this subsection shall be available for obligation through September 
30, 2024.

                           (transfer of funds)

    Sec. 107. <<NOTE: Evaluations.>>  (a) The Secretary may reserve not 
more than 0.75 percent from each appropriation made available in this 
Act identified in subsection (b) in order to carry out evaluations of 
any of the programs or activities that are funded under such accounts. 
Any funds reserved under this section shall be transferred to 
``Departmental Management'' for use by the Office of the Chief 
Evaluation Officer within the Department of Labor, and shall be 
available for obligation through September 30, 2024:  
Provided, <<NOTE: Plan.>>  That such funds shall only be available if 
the Chief Evaluation Officer of the Department of Labor submits a plan 
to the Committees on Appropriations of the House of Representatives and 
the Senate describing the evaluations to be carried out 15 days in 
advance of any transfer.

    (b) The accounts referred to in subsection (a) are: ``Training and 
Employment Services'', ``Job Corps'', ``Community Service Employment for 
Older Americans'', ``State Unemployment Insurance and Employment Service 
Operations'', ``Employee Benefits Security Administration'', ``Office of 
Workers' Compensation Programs'', ``Wage and Hour Division'', ``Office 
of Federal Contract Compliance Programs'', ``Office of Labor Management 
Standards'', ``Occupational Safety and Health Administration'', ``Mine 
Safety and Health Administration'', ``Office of Disability Employment 
Policy'', funding made available to the ``Bureau of International Labor 
Affairs'' and ``Women's Bureau'' within the ``Departmental Management, 
Salaries and Expenses'' account, and ``Veterans' Employment and 
Training''.
    Sec. 108. <<NOTE: Applicability.>>  (a) Section 7 of the Fair Labor 
Standards Act of 1938 (29 U.S.C. 207) shall be applied as if the 
following text is part of such section:

    ``(s)(1) The provisions of this section shall not apply for a period 
of 2 years after the occurrence of a major disaster to any employee--
            ``(A) employed to adjust or evaluate claims resulting from 
        or relating to such major disaster, by an employer not engaged, 
        directly or through an affiliate, in underwriting, selling, or 
        marketing property, casualty, or liability insurance policies or 
        contracts;
            ``(B) who receives from such employer on average weekly 
        compensation of not less than $591.00 per week or any minimum 
        weekly amount established by the Secretary, whichever is 
        greater, for the number of weeks such employee is engaged in any 
        of the activities described in subparagraph (C); and
            ``(C) whose duties include any of the following:
                    ``(i) interviewing insured individuals, individuals 
                who suffered injuries or other damages or losses arising 
                from or relating to a disaster, witnesses, or 
                physicians;
                    ``(ii) inspecting property damage or reviewing 
                factual information to prepare damage estimates;
                    ``(iii) evaluating and making recommendations 
                regarding coverage or compensability of claims or 
                determining liability or value aspects of claims;
                    ``(iv) negotiating settlements; or

[[Page 136 STAT. 4851]]

                    ``(v) making recommendations regarding litigation.

    ``(2) The exemption in this subsection shall not affect the 
exemption provided by section 13(a)(1).
    ``(3) <<NOTE: Definitions.>> For purposes of this subsection--
            ``(A) the term `major disaster' means any disaster or 
        catastrophe declared or designated by any State or Federal 
        agency or department;
            ``(B) the term `employee employed to adjust or evaluate 
        claims resulting from or relating to such major disaster' means 
        an individual who timely secured or secures a license required 
        by applicable law to engage in and perform the activities 
        described in clauses (i) through (v) of paragraph (1)(C) 
        relating to a major disaster, and is employed by an employer 
        that maintains worker compensation insurance coverage or 
        protection for its employees, if required by applicable law, and 
        withholds applicable Federal, State, and local income and 
        payroll taxes from the wages, salaries and any benefits of such 
        employees; and
            ``(C) the term `affiliate' means a company that, by reason 
        of ownership or control of 25 percent or more of the outstanding 
        shares of any class of voting securities of one or more 
        companies, directly or indirectly, controls, is controlled by, 
        or is under common control with, another company.''.

    (b) <<NOTE: Effective date.>> This section shall be effective on the 
date of enactment of this Act.

    Sec. 109. (a) Flexibility With Respect to the Crossing of H-2B 
Nonimmigrants Working in the Seafood Industry.--
            (1) In general.--Subject to paragraph (2), if a petition for 
        H-2B nonimmigrants filed by an employer in the seafood industry 
        is granted, the employer may bring the nonimmigrants described 
        in the petition into the United States at any time during the 
        120-day period beginning on the start date for which the 
        employer is seeking the services of the nonimmigrants without 
        filing another petition.
            (2) Requirements for crossings after 90th day.--An employer 
        in the seafood industry may not bring H-2B nonimmigrants into 
        the United States after the date that is 90 days after the start 
        date for which the employer is seeking the services of the 
        nonimmigrants unless the employer--
                    (A) <<NOTE: Assessment.>>  completes a new 
                assessment of the local labor market by--
                          (i) listing job orders in local newspapers on 
                      2 separate Sundays; and
                          (ii) posting the job opportunity on the 
                      appropriate Department of Labor Electronic Job 
                      Registry and at the employer's place of 
                      employment; and
                    (B) offers the job to an equally or better qualified 
                United States worker who--
                          (i) applies for the job; and
                          (ii) will be available at the time and place 
                      of need.
            (3) Exemption from rules with respect to staggering.--The 
        Secretary of Labor shall not consider an employer in the seafood 
        industry who brings H-2B nonimmigrants into the United States 
        during the 120-day period specified in paragraph (1) to be 
        staggering the date of need in violation of section 655.20(d) of 
        title 20, Code of Federal Regulations, or any other applicable 
        provision of law.

[[Page 136 STAT. 4852]]

    (b) H-2B Nonimmigrants Defined.--In this section, the term ``H-2B 
nonimmigrants'' means aliens admitted to the United States pursuant to 
section 101(a)(15)(H)(ii)(B) of the Immigration and Nationality Act (8 
U.S.C. 1101(a)(15)(H)(ii)(B)).
    Sec. 110. <<NOTE: Determinations. Wages.>>  The determination of 
prevailing wage for the purposes of the H-2B program shall be the 
greater of--(1) the actual wage level paid by the employer to other 
employees with similar experience and qualifications for such position 
in the same location; or (2) the prevailing wage level for the 
occupational classification of the position in the geographic area in 
which the H-2B nonimmigrant will be employed, based on the best 
information available at the time of filing the petition. In the 
determination of prevailing wage for the purposes of the H-2B program, 
the Secretary shall accept private wage surveys even in instances where 
Occupational Employment Statistics survey data are available unless the 
Secretary determines that the methodology and data in the provided 
survey are not statistically supported.

    Sec. 111.  None of the funds in this Act shall be used to enforce 
the definition of corresponding employment found in 20 CFR 655.5 or the 
three-fourths guarantee rule definition found in 20 CFR 655.20, or any 
references thereto. Further, for the purpose of regulating admission of 
temporary workers under the H-2B program, the definition of temporary 
need shall be that provided in 8 CFR 214.2(h)(6)(ii)(B).
    Sec. 112. <<NOTE: Determination.>>  Notwithstanding any other 
provision of law, the Secretary may furnish through grants, cooperative 
agreements, contracts, and other arrangements, up to $2,000,000 of 
excess personal property, at a value determined by the Secretary, to 
apprenticeship programs for the purpose of training apprentices in those 
programs.

    Sec. 113. <<NOTE: Applicability.>> (a) The Act entitled ``An Act to 
create a Department of Labor'', approved March 4, 1913 (37 Stat. 736, 
chapter 141) shall be applied as if the following text is part of such 
Act:
``SEC. 12. SECURITY DETAIL.

    ``(a) <<NOTE: Guidelines.>>  In General.--The Secretary of Labor is 
authorized to employ law enforcement officers or special agents to--
            ``(1) provide protection for the Secretary of Labor during 
        the workday of the Secretary and during any activity that is 
        preliminary or postliminary to the performance of official 
        duties by the Secretary;
            ``(2) provide protection, incidental to the protection 
        provided to the Secretary, to a member of the immediate family 
        of the Secretary who is participating in an activity or event 
        relating to the official duties of the Secretary;
            ``(3) provide continuous protection to the Secretary 
        (including during periods not described in paragraph (1)) and to 
        the members of the immediate family of the Secretary if there is 
        a unique and articulable threat of physical harm, in accordance 
        with guidelines established by the Secretary; and
            ``(4) provide protection to the Deputy Secretary of Labor or 
        another senior officer representing the Secretary of Labor at a 
        public event if there is a unique and articulable threat of 
        physical harm, in accordance with guidelines established by the 
        Secretary.

    ``(b) Authorities.--The Secretary of Labor may authorize a law 
enforcement officer or special agent employed under subsection

[[Page 136 STAT. 4853]]

(a), for the purpose of performing the duties authorized under 
subsection (a), to--
            ``(1) carry firearms;
            ``(2) make arrests without a warrant for any offense against 
        the United States committed in the presence of such officer or 
        special agent;
            ``(3) perform protective intelligence work, including 
        identifying and mitigating potential threats and conducting 
        advance work to review security matters relating to sites and 
        events;
            ``(4) <<NOTE: Coordination.>>  coordinate with local law 
        enforcement agencies; and
            ``(5) <<NOTE: Investigations.>> initiate criminal and other 
        investigations into potential threats to the security of the 
        Secretary, in coordination with the Inspector General of the 
        Department of Labor.

    ``(c) Compliance With Guidelines.--A law enforcement officer or 
special agent employed under subsection (a) shall exercise any authority 
provided under this section in accordance with any--
            ``(1) guidelines issued by the Attorney General; and
            ``(2) guidelines prescribed by the Secretary of Labor.''.

    (b) <<NOTE: Effective date.>>  This section shall be effective on 
the date of enactment of this Act.

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

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

                              (rescission)

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

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

[[Page 136 STAT. 4854]]

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

                 DEPARTMENT OF HEALTH AND HUMAN SERVICES

              Health Resources and Services Administration

                           primary health care

    For carrying out titles II and III of the Public Health Service Act 
(referred to in this Act as the ``PHS Act'') with respect to primary 
health care and the Native Hawaiian Health Care Act of 1988, 
$1,858,772,000:  Provided, That no more than $1,000,000 shall be 
available until expended for carrying out the provisions of section 
224(o) of the PHS Act:  Provided further, That no more than $120,000,000 
shall be available until expended for carrying out subsections (g) 
through (n) and (q) of section 224 of the PHS Act, and for expenses 
incurred by the Department of Health and Human Services (referred to in 
this Act as ``HHS'') pertaining to administrative claims made under such 
law.

                            health workforce

    For carrying out titles III, VII, and VIII of the PHS Act with 
respect to the health workforce, sections 1128E and 1921 of the Social 
Security Act, and the Health Care Quality Improvement Act of 1986, 
$1,390,376,000:  Provided, That section 751(j)(2) of the PHS Act and the 
proportional funding amounts in paragraphs (1) through (4) of section 
756(f) of the PHS Act shall not apply to funds made <<NOTE: Waiver 
authority. 42 USC 294a note.>> available under this heading:  Provided 
further, That for any program operating under section 751 of the PHS Act 
on or before January 1, 2009, the Secretary of Health and Human Services 
(referred to in this title as the ``Secretary'') may hereafter waive any 
of the requirements contained in sections 751(d)(2)(A) and 751(d)(2)(B) 
of such Act for the full project period of a grant under such section:  
Provided further, That <<NOTE: Applicability.>>  section 756(c) of the 
PHS Act shall apply to paragraphs (1) through (4) of section 756(a) of 
such Act:  Provided further, That no funds shall be available for 
section 340G-1 of the PHS Act:  Provided further, <<NOTE: Fees.>>  That 
fees collected for the disclosure of information under section 427(b) of 
the Health Care Quality Improvement Act of 1986 and sections 1128E(d)(2) 
and 1921 of the Social Security Act shall be sufficient to recover the 
full costs of operating the programs authorized by such sections and 
shall remain available until expended for the National Practitioner Data 
Bank:  Provided further, That funds transferred to this account to carry 
out section 846 and subpart 3 of part D of title III of the PHS Act may 
be used to make prior year adjustments to awards made under such section 
and subpart:  Provided further, That $125,600,000 shall remain available 
until expended for the purposes of providing primary health services, 
assigning National Health Service Corps (``NHSC'') participants to 
expand the delivery of substance use disorder treatment services, 
notwithstanding the assignment priorities and limitations under sections 
333(a)(1)(D), 333(b), and 333A(a)(1)(B)(ii) of the PHS Act, and making 
payments under the NHSC Loan Repayment Program under section 338B of 
such Act:  Provided further, That, within the amount made available in 
the previous proviso, $15,600,000 shall remain available until expended 
for the purposes of making payments under the NHSC Loan Repayment 
Program under section

[[Page 136 STAT. 4855]]

338B of the PHS Act to individuals participating in such program who 
provide primary health services in Indian Health Service facilities, 
Tribally-Operated 638 Health Programs, and Urban Indian Health Programs 
(as those terms are defined by the Secretary), notwithstanding the 
assignment priorities and limitations under section 333(b) of such Act:  
Provided further, <<NOTE: Applicability. Definition.>> That for purposes 
of the previous two provisos, section 331(a)(3)(D) of the PHS Act shall 
be applied as if the term ``primary health services'' includes clinical 
substance use disorder treatment services, including those provided by 
masters level, licensed substance use disorder treatment counselors:  
Provided further, That of the funds made available under this heading, 
$6,000,000 shall be available to make grants to establish, expand, or 
maintain optional community-based nurse practitioner fellowship programs 
that are accredited or in the accreditation process, with a preference 
for those in Federally Qualified Health Centers, for practicing 
postgraduate nurse practitioners in primary care or behavioral health:  
Provided further, That of the funds made available under this heading, 
$10,000,000 shall remain available until expended for activities under 
section 775 of the PHS Act:  Provided further, That the United States 
may recover liquidated damages in an amount determined by the formula 
under section 338E(c)(1) of the PHS Act if an individual either fails to 
begin or complete the service obligated by a contract under section 
775(b) of the PHS Act:  Provided further, That for purposes of section 
775(c)(1) of the PHS Act, the Secretary may include other mental and 
behavioral health disciplines as the Secretary deems appropriate:  
Provided further, <<NOTE: Termination. Contracts.>> That the Secretary 
may terminate a contract entered into under section 775 of the PHS Act 
in the same manner articulated in section 206 of this title for fiscal 
year 2023 contracts entered into under section 338B of the PHS Act.

    Of the funds made available under this heading, $60,000,000 shall 
remain available until expended for grants to public institutions of 
higher education to expand or support graduate education for physicians 
provided by such institutions, including funding for infrastructure 
development, maintenance, equipment, and minor renovations or 
alterations:  Provided, That, in awarding <<NOTE: Determination.>>  such 
grants, the Secretary shall give priority to public institutions of 
higher education located in States with a projected primary care 
provider shortage in 2025, as determined by the Secretary:  Provided 
further, That grants so awarded <<NOTE: Determination.>>  are limited to 
such public institutions of higher education in States in the top 
quintile of States with a projected primary care provider shortage in 
2025, as determined by the Secretary:  Provided further, That the 
minimum amount of a grant so awarded to such an institution shall be not 
less than $1,000,000 per <<NOTE: Time period.>> year:  Provided further, 
That such a grant may be awarded for a period not to exceed 5 years:  
Provided further, That such a grant awarded with <<NOTE: Matching 
funds.>> respect to a year to such an institution shall be subject to a 
matching requirement of non-Federal funds in an amount that is not less 
than 10 percent of the total amount of Federal funds provided in the 
grant to such institution with respect to such year.

                        maternal and child health

    For carrying out titles III, XI, XII, and XIX of the PHS Act with 
respect to maternal and child health and title V of the Social

[[Page 136 STAT. 4856]]

Security Act, $1,171,430,000:  Provided, That notwithstanding sections 
502(a)(1) and 502(b)(1) of the Social Security Act, not more than 
$219,116,000 shall be available for carrying out special projects of 
regional and national significance pursuant to section 501(a)(2) of such 
Act and $10,276,000 shall be available for projects described in 
subparagraphs (A) through (F) of section 501(a)(3) of such Act.

                       ryan white hiv/aids program

    For carrying out title XXVI of the PHS Act with respect to the Ryan 
White HIV/AIDS program, $2,571,041,000, of which $2,045,630,000 shall 
remain available to the Secretary through September 30, 2025, for parts 
A and B of title XXVI of the PHS Act, and of which not less than 
$900,313,000 shall be for State AIDS Drug Assistance Programs under the 
authority of section 2616 or 311(c) of such Act; and of which 
$165,000,000, to remain available until expended, shall be available to 
the Secretary for carrying out a program of grants and contracts under 
title XXVI or section 311(c) of such Act focused on ending the 
nationwide HIV/AIDS epidemic, with any grants issued under such section 
311(c) administered in conjunction with title XXVI of the PHS Act, 
including the limitation on administrative expenses.

                             health systems

    For carrying out titles III and XII of the PHS Act with respect to 
health care systems, and the Stem Cell Therapeutic and Research Act of 
2005, $99,009,000, of which $122,000 shall be available until expended 
for facilities-related expenses of the National Hansen's Disease 
Program.

                              rural health

    For carrying out titles III and IV of the PHS Act with respect to 
rural health, section 427(a) of the Federal Coal Mine Health and Safety 
Act of 1969, and sections 711 and 1820 of the Social Security Act, 
$352,407,000, of which $64,277,000 from general revenues, 
notwithstanding section 1820(j) of the Social Security Act, shall be 
available for carrying out the Medicare rural hospital flexibility 
grants program:  Provided, That of the funds made available under this 
heading for Medicare rural hospital flexibility grants, $20,942,000 
shall be available for the Small Rural Hospital Improvement Grant 
Program for quality improvement and adoption of health information 
technology, no less than $5,000,000 shall be available to award grants 
to public or non-profit private entities for the Rural Emergency 
Hospital Technical Assistance Program, and up to $1,000,000 shall be to 
carry out section 1820(g)(6) of the Social Security Act, with funds 
provided for grants under section 1820(g)(6) available for the purchase 
and implementation of telehealth services and other efforts to improve 
health care coordination for rural veterans between rural providers and 
the Department of Veterans Affairs:  Provided further, That 
notwithstanding section 338J(k) of the PHS Act, $12,500,000 shall be 
available for State Offices of Rural Health:  Provided further, That 
$12,500,000 shall remain available through September 30, 2025, to 
support the Rural Residency Development Program:  Provided further, That 
$145,000,000 shall be for the Rural Communities Opioids Response 
Program.

[[Page 136 STAT. 4857]]

                             family planning

    For carrying out the program under title X of the PHS Act to provide 
for voluntary family planning projects, $286,479,000:  Provided, That 
amounts <<NOTE: Abortions. Lobbying.>>  provided to said projects under 
such title shall not be expended for abortions, that all pregnancy 
counseling shall be nondirective, and that such amounts shall not be 
expended for any activity (including the publication or distribution of 
literature) that in any way tends to promote public support or 
opposition to any legislative proposal or candidate for public office.

                hrsa-wide activities and program support

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

             vaccine injury compensation program trust fund

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

                  covered countermeasures process fund

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

[[Page 136 STAT. 4858]]

               Centers for Disease Control and Prevention

                  immunization and respiratory diseases

    For carrying out titles II, III, XVII, and XXI, and section 2821 of 
the PHS Act, titles II and IV of the Immigration and Nationality Act, 
and section 501 of the Refugee Education Assistance Act, with respect to 
immunization and respiratory diseases, $499,941,000.

     hiv/aids, viral hepatitis, sexually transmitted diseases, and 
                         tuberculosis prevention

    For carrying out titles II, III, XVII, and XXIII of the PHS Act with 
respect to HIV/AIDS, viral hepatitis, sexually transmitted diseases, and 
tuberculosis prevention, $1,391,056,000.

                emerging and zoonotic infectious diseases

    For carrying out titles II, III, and XVII, and section 2821 of the 
PHS Act, titles II and IV of the Immigration and Nationality Act, and 
section 501 of the Refugee Education Assistance Act, with respect to 
emerging and zoonotic infectious diseases, $698,772,000:  Provided, That 
of the amounts made available under this heading, up to $1,000,000 shall 
remain available until expended to pay for the transportation, medical 
care, treatment, and other related costs of persons quarantined or 
isolated under Federal or State quarantine law.

             chronic disease prevention and health promotion

    For carrying out titles II, III, XI, XV, XVII, and XIX of the PHS 
Act with respect to chronic disease prevention and health promotion, 
$1,175,464,000:  Provided, That funds made available under this heading 
may be available for making grants under section 1509 of the PHS Act for 
not less than 21 States, tribes, or tribal organizations:  Provided 
further, That of the funds made available under this heading, 
$16,500,000 shall be available to continue and expand community specific 
extension and outreach programs to combat obesity in counties with the 
highest levels of obesity:  Provided further, That the proportional 
funding requirements under section 1503(a) of the PHS Act shall not 
apply to funds made available under this heading.

   birth defects, developmental disabilities, disabilities and health

    For carrying out titles II, III, XI, and XVII of the PHS Act with 
respect to birth defects, developmental disabilities, disabilities and 
health, $205,560,000.

                    public health scientific services

    For carrying out titles II, III, and XVII of the PHS Act with 
respect to health statistics, surveillance, health informatics, and 
workforce development, $754,497,000.

[[Page 136 STAT. 4859]]

                          environmental health

    For carrying out titles II, III, and XVII of the PHS Act with 
respect to environmental health, $229,850,000:  Provided, That of the 
amounts appropriated under this heading up to $4,000,000 may remain 
available until expended for carrying out the Vessel Sanitation Program, 
in addition to user fee collections available for such purpose:  
Provided further, <<NOTE: Notifications. Time period.>>  That the 
Committees on Appropriations of the House of Representatives and the 
Senate are notified at least 15 days in advance of any use of funds 
pursuant to the preceding proviso.

                      injury prevention and control

    For carrying out titles II, III, and XVII of the PHS Act with 
respect to injury prevention and control, $761,379,000.

          national institute for occupational safety and health

    For carrying out titles II, III, and XVII of the PHS Act, sections 
101, 102, 103, 201, 202, 203, 301, and 501 of the Federal Mine Safety 
and Health Act, section 13 of the Mine Improvement and New Emergency 
Response Act, and sections 20, 21, and 22 of the Occupational Safety and 
Health Act, with respect to occupational safety and health, 
$362,800,000.

       energy employees occupational illness compensation program

    For necessary expenses to administer the Energy Employees 
Occupational Illness Compensation Program Act, $55,358,000, to remain 
available until expended:  Provided, That this amount shall be available 
consistent with the provision regarding administrative expenses in 
section 151(b) of division B, title I of Public Law 106-554.

                              global health

    For carrying out titles II, III, and XVII of the PHS Act with 
respect to global health, $692,843,000, of which: (1) $128,921,000 shall 
remain available through September 30, 2024 for international HIV/AIDS; 
and (2) $293,200,000 shall remain available through September 30, 2025 
for global public health protection:  Provided, That funds may be used 
for purchase and insurance of official motor vehicles in foreign 
countries.

                 public health preparedness and response

    For carrying out titles II, III, and XVII of the PHS Act with 
respect to public health preparedness and response, and for expenses 
necessary to support activities related to countering potential 
biological, nuclear, radiological, and chemical threats to civilian 
populations, $883,200,000:  
Provided, <<NOTE: Detailees. Notice. Deadline. Reports. Updates. Time 
period.>>  That the Director of the Centers for Disease Control and 
Prevention (referred to in this title as ``CDC'') or the Administrator 
of the Agency for Toxic Substances and Disease Registry may detail staff 
without reimbursement to support an activation of the CDC Emergency 
Operations Center, so long as the Director or Administrator, as 
applicable, provides a notice to the Committees on Appropriations of the 
House of

[[Page 136 STAT. 4860]]

Representatives and the Senate within 15 days of the use of this 
authority, a full report within 30 days after use of this authority 
which includes the number of staff and funding level broken down by the 
originating center and number of days detailed, and an update of such 
report every 180 days until staff are no longer on detail without 
reimbursement to the CDC Emergency Operations Center.

                        buildings and facilities

                      (including transfer of funds)

    For acquisition of real property, equipment, construction, 
installation, demolition, and renovation of facilities, $40,000,000, 
which shall remain available until September 30, 2027:  Provided, That 
funds made available to this account in this or any prior Act that are 
available for the acquisition of real property or for construction or 
improvement of facilities shall be available to make improvements on 
non-federally owned property, provided that any improvements that are 
not adjacent to federally owned property do not exceed $2,500,000, and 
that the primary benefit of such improvements accrues to CDC:  Provided 
further, That funds previously set-aside by CDC for repair and upgrade 
of the Lake Lynn Experimental Mine and Laboratory shall be used to 
acquire a replacement mine safety research facility:  Provided further, 
That funds made available to this account in this or any prior Act that 
are available for the acquisition of real property or for construction 
or improvement of facilities in conjunction with the new replacement 
mine safety research facility shall be available to make improvements on 
non-federally owned property, provided that any improvements that are 
not adjacent to federally owned property do not exceed $5,000,000:  
Provided further, That in addition, the prior year unobligated balance 
of any amounts assigned to former employees in accounts of CDC made 
available for Individual Learning Accounts shall be credited to and 
merged with the amounts made available under this heading to support the 
replacement of the mine safety research facility.

                 cdc-wide activities and program support

                      (including transfer of funds)

    For carrying out titles II, III, XVII and XIX, and section 2821 of 
the PHS Act and for cross-cutting activities and program support for 
activities funded in other appropriations included in this Act for the 
Centers for Disease Control and Prevention, $563,570,000, of which: (1) 
$350,000,000 shall remain available through September 30, 2024, for 
public health infrastructure and capacity; and (2) $50,000,000 shall 
remain available through September 30, 2024 for forecasting epidemics 
and outbreak analytics:  Provided, That paragraphs (1) through (3) of 
subsection (b) of section 2821 of the PHS Act shall not apply to funds 
appropriated under this heading and in all other accounts of the CDC:  
Provided further, That of the amounts made available under this heading, 
$35,000,000, to remain available until expended, shall be available to 
the Director of the CDC for deposit in the Infectious Diseases Rapid 
Response Reserve Fund established by section 231 of division B of Public 
Law 115-245:  Provided further, <<NOTE: Contracts.>>  That funds 
appropriated

[[Page 136 STAT. 4861]]

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

                      National Institutes of Health

                        national cancer institute

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

                national heart, lung, and blood institute

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

         national institute of dental and craniofacial research

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

    national institute of diabetes and digestive and kidney diseases

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

         national institute of neurological disorders and stroke

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

          national institute of allergy and infectious diseases

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

[[Page 136 STAT. 4862]]

             national institute of general medical sciences

    For carrying out section 301 and title IV of the PHS Act with 
respect to general medical sciences, $3,239,679,000, of which 
$1,412,482,000 shall be from funds available under section 241 of the 
PHS Act:  Provided, That not less than $425,956,000 is provided for the 
Institutional Development Awards program.

  eunice kennedy shriver national institute of child health and human 
                               development

    For carrying out section 301 and title IV of the PHS Act with 
respect to child health and human development, $1,749,078,000.

                         national eye institute

    For carrying out section 301 and title IV of the PHS Act with 
respect to eye diseases and visual disorders, $896,549,000.

           national institute of environmental health sciences

    For carrying out section 301 and title IV of the PHS Act with 
respect to environmental health sciences, $913,979,000.

                       national institute on aging

    For carrying out section 301 and title IV of the PHS Act with 
respect to aging, $4,407,623,000.

  national institute of arthritis and musculoskeletal and skin diseases

    For carrying out section 301 and title IV of the PHS Act with 
respect to arthritis and musculoskeletal and skin diseases, 
$685,465,000.

    national institute on deafness and other communication disorders

    For carrying out section 301 and title IV of the PHS Act with 
respect to deafness and other communication disorders, $534,333,000.

                 national institute of nursing research

    For carrying out section 301 and title IV of the PHS Act with 
respect to nursing research, $197,693,000.

           national institute on alcohol abuse and alcoholism

    For carrying out section 301 and title IV of the PHS Act with 
respect to alcohol abuse and alcoholism, $595,318,000.

                    national institute on drug abuse

    For carrying out section 301 and title IV of the PHS Act with 
respect to drug abuse, $1,662,695,000.

[[Page 136 STAT. 4863]]

                   national institute of mental health

    For carrying out section 301 and title IV of the PHS Act with 
respect to mental health, $2,112,843,000.

                national human genome research institute

    For carrying out section 301 and title IV of the PHS Act with 
respect to human genome research, $663,200,000.

       national institute of biomedical imaging and bioengineering

    For carrying out section 301 and title IV of the PHS Act with 
respect to biomedical imaging and bioengineering research, $440,627,000.

        national center for complementary and integrative health

    For carrying out section 301 and title IV of the PHS Act with 
respect to complementary and integrative health, $170,384,000.

      national institute on minority health and health disparities

    For carrying out section 301 and title IV of the PHS Act with 
respect to minority health and health disparities research, 
$524,395,000.

                  john e. fogarty international center

    For carrying out the activities of the John E. Fogarty International 
Center (described in subpart 2 of part E of title IV of the PHS Act), 
$95,162,000.

                      national library of medicine

    For carrying out section 301 and title IV of the PHS Act with 
respect to health information communications, $497,548,000:  Provided, 
That of the amounts available for improvement of information systems, 
$4,000,000 shall be available until September 30, 2024:  Provided 
further, <<NOTE: Contracts.>>  That in fiscal year 2023, the National 
Library of Medicine may enter into personal services contracts for the 
provision of services in facilities owned, operated, or constructed 
under the jurisdiction of the National Institutes of Health (referred to 
in this title as ``NIH'').

          national center for advancing translational sciences

    For carrying out section 301 and title IV of the PHS Act with 
respect to translational sciences, $923,323,000:  Provided, That up to 
$70,000,000 shall be available to implement section 480 of the PHS Act, 
relating to the Cures Acceleration Network:  Provided further, That at 
least $629,560,000 is provided to the Clinical and Translational 
Sciences Awards program.

[[Page 136 STAT. 4864]]

                         office of the director

                      (including transfer of funds)

    For carrying out the responsibilities of the Office of the Director, 
NIH, $2,642,914,000:  Provided, That funding shall be available for the 
purchase of not to exceed 29 passenger motor vehicles for replacement 
only:  Provided further, That all funds credited to the NIH Management 
Fund shall remain available for one fiscal year after the fiscal year in 
which they are deposited:  Provided further, That $180,000,000 shall be 
for the Environmental Influences on Child Health Outcomes study:  
Provided further, That $722,401,000 shall be available for the Common 
Fund established under section 402A(c)(1) of the PHS Act:  Provided 
further, That of the funds provided, $10,000 shall be for official 
reception and representation expenses when specifically approved by the 
Director of the NIH:  Provided further, That the Office of AIDS Research 
within the Office of the Director of the NIH may spend up to $8,000,000 
to make grants for construction or renovation of facilities as provided 
for in section 2354(a)(5)(B) of the PHS Act:  Provided further, That 
$80,000,000 shall be used to carry out section 404I of the PHS Act (42 
U.S.C. 283K), relating to biomedical and behavioral research facilities: 
 Provided further, That $5,000,000 shall be transferred to and merged 
with the appropriation for the ``Office of Inspector General'' for 
oversight of grant programs and operations of the NIH, including agency 
efforts to ensure the integrity of its grant application evaluation and 
selection processes, and shall be in addition to funds otherwise made 
available for oversight of the NIH:  Provided further, <<NOTE: Time 
period. Advance approvals.>>  That the funds provided in the previous 
proviso may be transferred from one specified activity to another with 
15 days prior approval of the Committees on Appropriations of the House 
of Representatives and the Senate:  Provided 
further, <<NOTE: Consultation. Audit plan. Time periods. Deadline.>>  
That the Inspector General shall consult with the Committees on 
Appropriations of the House of Representatives and the Senate before 
submitting to the Committees an audit plan for fiscal years 2023 and 
2024 no later than 30 days after the date of enactment of this Act:  
Provided further, That amounts made available under this heading are 
also available to establish, operate, and support the Research Policy 
Board authorized by section 2034(f) of the 21st Century Cures Act:  
Provided further, <<NOTE: Grants.>>  That the funds made available under 
this heading for the Office of Research on Women's Health shall also be 
available for making grants to serve and promote the interests of women 
in research, and the Director of such Office may, in making such grants, 
use the authorities available to NIH Institutes and Centers.

    In addition to other funds appropriated for the Common Fund 
established under section 402A(c) of the PHS Act, $12,600,000 is 
appropriated to the Common Fund from the 10-year Pediatric Research 
Initiative Fund described in section 9008 of the Internal Revenue Code 
of 1986 (26 U.S.C. 9008), for the purpose of carrying out section 
402(b)(7)(B)(ii) of the PHS Act (relating to pediatric research), as 
authorized in the Gabriella Miller Kids First Research Act.

                        buildings and facilities

    For the study of, construction of, demolition of, renovation of, and 
acquisition of equipment for, facilities of or used by NIH,

[[Page 136 STAT. 4865]]

including the acquisition of real property, $350,000,000, to remain 
available through September 30, 2027.

                    nih innovation account, cures act

                      (including transfer of funds)

    For necessary expenses to carry out the purposes described in 
section 1001(b)(4) of the 21st Century Cures Act, in addition to amounts 
available for such purposes in the appropriations provided to the NIH in 
this Act, $1,085,000,000, to remain available until expended:  Provided, 
That such amounts are appropriated pursuant to section 1001(b)(3) of 
such Act, are to be derived from amounts transferred under section 
1001(b)(2)(A) of such Act, and may be transferred by the Director of the 
National Institutes of Health to other accounts of the National 
Institutes of Health solely for the purposes provided in such Act:  
Provided further, <<NOTE: Determination.>>  That upon a determination by 
the Director that funds transferred pursuant to the previous proviso are 
not necessary for the purposes provided, such amounts may be transferred 
back to the Account:  Provided further, That the transfer authority 
provided under this heading is in addition to any other transfer 
authority provided by law.

        Substance Abuse and Mental Health Services Administration

                              mental health

    For carrying out titles III, V, and XIX of the PHS Act with respect 
to mental health, the Protection and Advocacy for Individuals with 
Mental Illness Act, and the SUPPORT for Patients and Communities Act, 
$2,693,507,000:  Provided, That of the funds made available under this 
heading, $93,887,000 shall be for the National Child Traumatic Stress 
Initiative:  Provided further, That notwithstanding section 520A(f)(2) 
of the PHS Act, no funds appropriated for carrying out section 520A 
shall be available for carrying out section 1971 of the PHS Act:  
Provided further, That in addition to amounts provided herein, 
$21,039,000 shall be available under section 241 of the PHS Act to carry 
out subpart I of part B of title XIX of the PHS Act to fund section 
1920(b) technical assistance, national data, data collection and 
evaluation activities, and further that the total available under this 
Act for section 1920(b) activities shall not exceed 5 percent of the 
amounts appropriated for subpart I of part B of title XIX:  Provided 
further, That of the funds made available under this heading for subpart 
I of part B of title XIX of the PHS Act, at least 5 percent shall be 
available to support evidence-based crisis systems:  Provided 
further, <<NOTE: Grants. Contracts.>>  That up to 10 percent of the 
amounts made available to carry out the Children's Mental Health 
Services program may be used to carry out demonstration grants or 
contracts for early interventions with persons not more than 25 years of 
age at clinical high risk of developing a first episode of psychosis:  
Provided further, That section 520E(b)(2) of the PHS Act shall not apply 
to funds appropriated in this Act for fiscal year 2023:  Provided 
further, That $385,000,000 shall be available until September 30, 2025 
for grants to communities and community organizations who meet criteria 
for Certified Community Behavioral Health Clinics pursuant to section 
223(a) of Public Law 113-93:  Provided further, That none of the funds 
provided for section 1911 of the PHS Act shall be subject to section

[[Page 136 STAT. 4866]]

241 of such Act:  Provided further, That of the funds made available 
under this heading, $21,420,000 shall be to carry out section 224 of the 
Protecting Access to Medicare Act of 2014 (Public Law 113-93; 42 U.S.C. 
290aa 22 note).

                        substance abuse treatment

    For carrying out titles III and V of the PHS Act with respect to 
substance abuse treatment and title XIX of such Act with respect to 
substance abuse treatment and prevention, and the SUPPORT for Patients 
and Communities Act, $4,076,098,000:  Provided, That $1,575,000,000 
shall be for State Opioid Response Grants for carrying out activities 
pertaining to opioids and stimulants undertaken by the State agency 
responsible for administering the substance abuse prevention and 
treatment block grant under subpart II of part B of title XIX of the PHS 
Act (42 U.S.C. 300x-21 et seq.):  Provided further, That of such amount 
$55,000,000 shall be made available to Indian Tribes or tribal 
organizations:  Provided further, That <<NOTE: State and local 
governments. Opioids.>>  15 percent of the remaining amount shall be for 
the States with the highest mortality rate related to opioid use 
disorders:  Provided further, <<NOTE: Allocations. State and local 
governments.>>  That in allocating the amount made available in the 
preceding proviso, the Secretary shall ensure that the formula avoids a 
significant cliff between States with similar overdose mortality rates 
to prevent unusually large funding changes in States when compared to 
prior year allocations:  Provided further, That of the amounts provided 
for State Opioid Response Grants not more than 2 percent shall be 
available for Federal administrative expenses, training, technical 
assistance, and evaluation:  Provided 
further, <<NOTE: Allocations. State and local 
governments. Territories. District of 
Columbia. Determination. Deadline.>>  That of the amount not reserved by 
the previous four provisos, the Secretary shall make allocations to 
States, territories, and the District of Columbia according to a formula 
using national survey results that the Secretary determines are the most 
objective and reliable measure of drug use and drug-related deaths:  
Provided further, That the Secretary shall submit the formula 
methodology to the Committees on Appropriations of the House of 
Representatives and the Senate not less than 21 days prior to publishing 
a Funding Opportunity Announcement:  Provided further, That prevention 
and treatment activities funded through such grants may include 
education, treatment (including the provision of medication), behavioral 
health services for individuals in treatment programs, referral to 
treatment services, recovery support, and medical screening associated 
with such treatment:  Provided further, That each State, as well as the 
District of Columbia, shall receive not less than $4,000,000:  Provided 
further, That in addition to amounts provided herein, the following 
amounts shall be available under section 241 of the PHS Act: (1) 
$79,200,000 to carry out subpart II of part B of title XIX of the PHS 
Act to fund section 1935(b) technical assistance, national data, data 
collection and evaluation activities, and further that the total 
available under this Act for section 1935(b) activities shall not exceed 
5 percent of the amounts appropriated for subpart II of part B of title 
XIX; and (2) $2,000,000 to evaluate substance abuse treatment programs:  
Provided further, That none of the funds provided for section 1921 of 
the PHS Act or State Opioid Response Grants shall be subject to section 
241 of such Act.

Deadline.

[[Page 136 STAT. 4867]]



                       substance abuse prevention

    For carrying out titles III and V of the PHS Act with respect to 
substance abuse prevention, $236,879,000.

                 health surveillance and program support

    For program support and cross-cutting activities that supplement 
activities funded under the headings ``Mental Health'', ``Substance 
Abuse Treatment'', and ``Substance Abuse Prevention'' in carrying out 
titles III, V, and XIX of the PHS Act and the Protection and Advocacy 
for Individuals with Mental Illness Act in the Substance Abuse and 
Mental Health Services Administration, $301,932,000:  Provided, That of 
the amount made available under this heading, $160,777,000 shall be used 
for the projects, and in the amounts, specified in the table titled 
``Community Project Funding/Congressionally Directed Spending'' included 
for this division in the explanatory statement described in section 4 
(in the matter preceding division A of this consolidated Act):  Provided 
further, That none of the funds made available for projects described in 
the preceding proviso shall be subject to section 241 of the PHS Act or 
section 205 of this Act:  Provided further, That in addition to amounts 
provided herein, $31,428,000 shall be available under section 241 of the 
PHS Act to supplement funds available to carry out national surveys on 
drug abuse and mental health, to collect and analyze program data, and 
to conduct public awareness and technical assistance activities: 
<<NOTE: Fees.>>  Provided further, That, in addition, fees may be 
collected for the costs of publications, data, data tabulations, and 
data analysis completed under title V of the PHS Act and provided to a 
public or private entity upon request, which shall be credited to this 
appropriation and shall remain available until expended for such 
purposes:  Provided further, That amounts made available in this Act for 
carrying out section 501(o) of the PHS Act shall remain available 
through September 30, 2024:  Provided further, That funds made available 
under this heading (other than amounts specified in the first proviso 
under this heading) may be used to supplement program support funding 
provided under the headings ``Mental Health'', ``Substance Abuse 
Treatment'', and ``Substance Abuse Prevention''.

               Agency for Healthcare Research and Quality

                     healthcare research and quality

    For carrying out titles III and IX of the PHS Act, part A of title 
XI of the Social Security Act, and section 1013 of the Medicare 
Prescription Drug, Improvement, and Modernization Act of 2003, 
$373,500,000:  Provided, That section 947(c) of the PHS Act shall not 
apply in fiscal year 2023:  Provided further, That in addition, amounts 
received from Freedom of Information Act fees, reimbursable and 
interagency agreements, and the sale of data shall be credited to this 
appropriation and shall remain available until September 30, 2024.

[[Page 136 STAT. 4868]]

                Centers for Medicare & Medicaid Services

                      grants to states for medicaid

    For carrying out, except as otherwise provided, titles XI and XIX of 
the Social Security Act, $367,357,090,000, to remain available until 
expended.
    In addition, for carrying out such titles after May 31, 2023, for 
the last quarter of fiscal year 2023 for unanticipated costs incurred 
for the current fiscal year, such sums as may be necessary, to remain 
available until expended.
    In addition, for carrying out such titles for the first quarter of 
fiscal year 2024, $197,580,474,000, to remain available until expended.
    Payment under such title XIX may be made for any quarter with 
respect to a State plan or plan amendment in effect during such quarter, 
if submitted in or prior to such quarter and approved in that or any 
subsequent quarter.

                 payments to the health care trust funds

    For payment to the Federal Hospital Insurance Trust Fund and the 
Federal Supplementary Medical Insurance Trust Fund, as provided under 
sections 217(g), 1844, and 1860D-16 of the Social Security Act, sections 
103(c) and 111(d) of the Social Security Amendments of 1965, section 
278(d)(3) of Public Law 97-248, and for administrative expenses incurred 
pursuant to section 201(g) of the Social Security Act, $548,130,000,000.
    In addition, for making matching payments under section 1844 and 
benefit payments under section 1860D-16 of the Social Security Act that 
were not anticipated in budget estimates, such sums as may be necessary.

                           program management

    For carrying out, except as otherwise provided, titles XI, XVIII, 
XIX, and XXI of the Social Security Act, titles XIII and XXVII of the 
PHS Act, the Clinical Laboratory Improvement Amendments of 1988, and 
other responsibilities of the Centers for Medicare & Medicaid Services, 
not to exceed $3,669,744,000 to be transferred from the Federal Hospital 
Insurance Trust Fund and the Federal Supplementary Medical Insurance 
Trust Fund, as authorized by section 201(g) of the Social Security Act; 
together with all funds collected in accordance with section 353 of the 
PHS Act and section 1857(e)(2) of the Social Security Act, funds 
retained by the Secretary pursuant to section 1893(h) of the Social 
Security Act, and such sums as may be collected from authorized user 
fees and the sale of data, which shall be credited to this account and 
remain available until expended:  Provided, That all funds derived in 
accordance with 31 U.S.C. 9701 from organizations established under 
title XIII of the PHS Act shall be credited to and available for 
carrying out the purposes of this appropriation:  Provided 
further, <<NOTE: Fees.>>  That the Secretary is directed to collect fees 
in fiscal year 2023 from Medicare Advantage organizations pursuant to 
section 1857(e)(2) of the Social Security Act and from eligible 
organizations with risk-sharing contracts under section 1876 of that Act 
pursuant to section 1876(k)(4)(D) of that Act:  Provided further, That 
of the amount

[[Page 136 STAT. 4869]]

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

               health care fraud and abuse control account

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

                Administration for Children and Families

  payments to states for child support enforcement and family support 
                                programs

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

[[Page 136 STAT. 4870]]

                    low income home energy assistance

    For making payments under subsections (b) and (d) of section 2602 of 
the Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. 8621 et 
seq.), $1,500,000,000:  Provided, That notwithstanding section 2609A(a) 
of such Act, not more than $9,600,000 may be reserved by the Secretary 
for technical assistance, training, and monitoring of program activities 
for compliance with internal controls, policies and procedures, and to 
supplement funding otherwise available for necessary administrative 
expenses to carry out such Act, and the Secretary may, in addition to 
the authorities provided in section 2609A(a)(1), use such funds through 
contracts with private entities that do not qualify as nonprofit 
organizations:  Provided further, That all but $884,848,000 of the 
amount appropriated under this heading in this Act and in the second 
paragraph under this heading in the Disaster Relief Supplemental 
Appropriations Act, 2023 shall be allocated as though the total 
appropriation for such payments for fiscal year 2023 was less than 
$1,975,000,000:  Provided further, <<NOTE: Applicability. State and 
local governments. Territories. Allocations.>>  That, after applying all 
applicable provisions of section 2604 of such Act and the previous 
proviso, each State or territory that would otherwise receive an 
allocation, from the amount appropriated under this heading in this Act 
together with the amount appropriated in the second paragraph under this 
heading in the Disaster Relief Supplemental Appropriations Act, 2023, 
that is less than 97 percent of the amount that it received under this 
heading for fiscal year 2022 from amounts appropriated in Public Law 
117-103 shall have its allocation increased to that 97 percent level, 
with the portions of other States' and territories' allocations that 
would exceed 100 percent of the amounts they respectively received in 
such fashion for fiscal year 2022 being ratably reduced.

                     refugee and entrant assistance

                      (including transfer of funds)

    For necessary expenses for refugee and entrant assistance activities 
authorized by section 414 of the Immigration and Nationality Act and 
section 501 of the Refugee Education Assistance Act of 1980, and for 
carrying out section 462 of the Homeland Security Act of 2002, section 
235 of the William Wilberforce Trafficking Victims Protection 
Reauthorization Act of 2008, the Trafficking Victims Protection Act of 
2000 (``TVPA''), and the Torture Victims Relief Act of 1998, 
$6,427,214,000, of which $6,377,459,000 shall remain available through 
September 30, 2025 for carrying out such sections 414, 501, 462, and 
235:  Provided, That amounts available under this heading to carry out 
the TVPA shall also be available for research and evaluation with 
respect to activities under such Act:  Provided 
further, <<NOTE: Applicability.>>  That the limitation in section 205 of 
this Act regarding transfers increasing any appropriation shall apply to 
transfers to appropriations under this heading by substituting ``15 
percent'' for ``3 percent'':  Provided further, That the contribution of 
funds requirement under section 235(c)(6)(C)(iii) of the William 
Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 
shall not apply to funds made available under this heading:  Provided 
further, That for any month in fiscal year 2023 that the number of 
unaccompanied children referred to the Department of Health and Human 
Services pursuant to section

[[Page 136 STAT. 4871]]

462 of the Homeland Security Act of 2002 and section 235 of the William 
Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 
exceeds 13,000, as determined by the Secretary of Health and Human 
Services, an additional $27,000,000, to remain available until September 
30, 2024, shall be made available for obligation for every 500 
unaccompanied children above that level (including a pro rata amount for 
any increment less than 500), for carrying out such sections 462 and 
235.

    payments to states for the child care and development block grant

    For carrying out the Child Care and Development Block Grant Act of 
1990 (``CCDBG Act''), $8,021,387,000 shall be used to supplement, not 
supplant State general revenue funds for child care assistance for low-
income families:  Provided, <<NOTE: Contracts.>>  That technical 
assistance under section 658I(a)(3) of such Act may be provided 
directly, or through the use of contracts, grants, cooperative 
agreements, or interagency agreements:  Provided further, That all funds 
made available to carry out section 418 of the Social Security Act (42 
U.S.C. 618), including funds appropriated for that purpose in such 
section 418 or any other provision of law, shall be subject to the 
reservation of funds authority in paragraphs (4) and (5) of section 
658O(a) of the CCDBG Act:  Provided further, That in addition to the 
amounts required to be reserved by the Secretary under section 
658O(a)(2)(A) of such Act, $214,960,000 shall be for Indian tribes and 
tribal organizations:  Provided further, That of the amounts made 
available under this heading, the Secretary may reserve up to 0.5 
percent for Federal administrative expenses.

                       social services block grant

    For making grants to States pursuant to section 2002 of the Social 
Security Act, $1,700,000,000:  Provided, That notwithstanding 
subparagraph (B) of section 404(d)(2) of such Act, the applicable 
percent specified under such subparagraph for a State to carry out State 
programs pursuant to title XX-A of such Act shall be 10 percent.

                 children and families services programs

    For carrying out, except as otherwise provided, the Runaway and 
Homeless Youth Act, the Head Start Act, the Every Student Succeeds Act, 
the Child Abuse Prevention and Treatment Act, sections 303 and 313 of 
the Family Violence Prevention and Services Act, the Native American 
Programs Act of 1974, title II of the Child Abuse Prevention and 
Treatment and Adoption Reform Act of 1978 (adoption opportunities), part 
B-1 of title IV and sections 429, 473A, 477(i), 1110, 1114A, and 1115 of 
the Social Security Act, and the Community Services Block Grant Act 
(``CSBG Act''); and for necessary administrative expenses to carry out 
titles I, IV, V, X, XI, XIV, XVI, and XX-A of the Social Security Act, 
the Act of July 5, 1960, and the Low-Income Home Energy Assistance Act 
of 1981, $14,618,437,000, of which $75,000,000, to remain available 
through September 30, 2024, shall be for grants to States for adoption 
and legal guardianship incentive payments, as defined by section 473A of 
the Social Security Act and may be made for adoptions and legal 
guardianships completed before September 30,

[[Page 136 STAT. 4872]]

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

  Provided further, That the Secretary may reduce the reservation of 
funds under section 640(a)(2)(C) of such Act in lieu of reducing the 
reservation of funds under sections 640(a)(2)(B), 640(a)(2)(D), and 
640(a)(2)(E) of such Act:  Provided further, That $315,000,000 shall be 
available until December 31, 2023 for carrying out sections 9212 and 
9213 of the Every Student Succeeds Act:  Provided further, That up to 3 
percent of the funds in the preceding proviso shall be available for 
technical assistance and evaluation related to grants awarded under such 
section 9212:  Provided further, That $804,383,000 shall be for making 
payments under the CSBG Act:  Provided further, <<NOTE: State and local 
governments. Applicability.>>  That for services furnished under the 
CSBG Act with funds made available for such purpose in this fiscal year 
and in fiscal year 2022, States may apply the last sentence of section 
673(2) of the CSBG Act by substituting ``200 percent'' for ``125 
percent'':  Provided further, That $34,383,000 shall be for section 680 
of the CSBG Act, of which not less than $22,383,000

[[Page 136 STAT. 4873]]

shall be for section 680(a)(2) and not less than $12,000,000 shall be 
for section 680(a)(3)(B) of such Act:  Provided further, That, 
notwithstanding section 675C(a)(3) of the CSBG Act, to the extent 
Community Services Block Grant funds are distributed as grant funds by a 
State to an eligible entity as provided under such Act, and have not 
been expended by such entity, they shall remain with such entity for 
carryover into the next fiscal year for expenditure by such entity 
consistent with program purposes:  Provided 
further, <<NOTE: Procedures. Time period. 42 USC 9921 note.>>  That the 
Secretary shall establish procedures regarding the disposition of 
intangible assets and program income that permit such assets acquired 
with, and program income derived from, grant funds authorized under 
section 680 of the CSBG Act to become the sole property of such grantees 
after a period of not more than 12 years after the end of the grant 
period for any activity consistent with section 680(a)(2)(A) of the CSBG 
Act:  Provided further, <<NOTE: 42 USC 9921 note.>>  That intangible 
assets in the form of loans, equity investments and other debt 
instruments, and program income may be used by grantees for any eligible 
purpose consistent with section 680(a)(2)(A) of the CSBG Act:  Provided 
further, <<NOTE: Applicability. 42 USC 9921 note.>>  That these 
procedures shall apply to such grant funds made available after November 
29, 1999:  Provided further, That funds appropriated for section 
680(a)(2) of the CSBG Act shall be available for financing construction 
and rehabilitation and loans or investments in private business 
enterprises owned by community development corporations:  Provided 
further, That $240,000,000 shall be for carrying out section 303(a) of 
the Family Violence Prevention and Services Act, of which $7,000,000 
shall be allocated notwithstanding section 303(a)(2) of such Act for 
carrying out section 309 of such Act:  Provided further, That the 
percentages specified in section 112(a)(2) of the Child Abuse Prevention 
and Treatment Act shall not apply to funds appropriated under this 
heading:  Provided further, That $1,864,000 shall be for a human 
services case management system for federally declared disasters, to 
include a comprehensive national case management contract and Federal 
costs of administering the system:  Provided further, That up to 
$2,000,000 shall be for improving the Public Assistance Reporting 
Information System, including grants to States to support data 
collection for a study of the system's effectiveness:  Provided further, 
That $107,848,000 shall be used for the projects, and in the amounts, 
specified in the table titled ``Community Project Funding/
Congressionally Directed Spending'' included for this division in the 
explanatory statement described in section 4 (in the matter preceding 
division A of this consolidated Act):  Provided further, That none of 
the funds made available for projects described in the preceding proviso 
shall be subject to section 241 of the PHS Act or section 205 of this 
Act.

                   promoting safe and stable families

    For carrying out, except as otherwise provided, section 436 of the 
Social Security Act, $345,000,000 and, for carrying out, except as 
otherwise provided, section 437 of such Act, $86,515,000:  Provided, 
That of the funds available to carry out section 437, $59,765,000 shall 
be allocated consistent with subsections (b) through (d) of such 
section:  Provided further, That of the funds available to carry out 
section 437, to assist in meeting the requirements described in section 
471(e)(4)(C), $20,000,000 shall be for

[[Page 136 STAT. 4874]]

grants to each State, territory, and Indian tribe operating title IV-E 
plans for developing, enhancing, or evaluating kinship navigator 
programs, as described in section 427(a)(1) of such Act and $6,750,000, 
in addition to funds otherwise appropriated in section 476 for such 
purposes, shall be for the Family First Clearinghouse and to support 
evaluation and technical assistance relating to the evaluation of child 
and family services:  Provided further, <<NOTE: Applicability.>>  That 
section 437(b)(1) shall be applied to amounts in the previous proviso by 
substituting ``5 percent'' for ``3.3 percent'', and notwithstanding 
section 436(b)(1), such reserved amounts may be used for identifying, 
establishing, and disseminating practices to meet the criteria specified 
in section 471(e)(4)(C):  Provided further, That the reservation in 
section 437(b)(2) and the limitations in section 437(d) shall not apply 
to funds specified in the second proviso:  Provided further, That the 
minimum grant award for kinship navigator programs in the case of States 
and territories shall be $200,000, and, in the case of tribes, shall be 
$25,000.

                 payments for foster care and permanency

    For carrying out, except as otherwise provided, title IV-E of the 
Social Security Act, $7,606,000,000.
    For carrying out, except as otherwise provided, title IV-E of the 
Social Security Act, for the first quarter of fiscal year 2024, 
$3,200,000,000.
    For carrying out, after May 31 of the current fiscal year, except as 
otherwise provided, section 474 of title IV-E of the Social Security 
Act, for the last 3 months of the current fiscal year for unanticipated 
costs, incurred for the current fiscal year, such sums as may be 
necessary.

                   Administration for Community Living

                 aging and disability services programs

                      (including transfer of funds)

    For carrying out, to the extent not otherwise provided, the Older 
Americans Act of 1965 (``OAA''), the RAISE Family Caregivers Act, the 
Supporting Grandparents Raising Grandchildren Act, titles III and XXIX 
of the PHS Act, sections 1252 and 1253 of the PHS Act, section 119 of 
the Medicare Improvements for Patients and Providers Act of 2008, title 
XX-B of the Social Security Act, the Developmental Disabilities 
Assistance and Bill of Rights Act of 2000, parts 2 and 5 of subtitle D 
of title II of the Help America Vote Act of 2002, the Assistive 
Technology Act of 1998, titles II and VII (and section 14 with respect 
to such titles) of the Rehabilitation Act of 1973, and for Department-
wide coordination of policy and program activities that assist 
individuals with disabilities, $2,482,545,000, together with $55,242,000 
to be transferred from the Federal Hospital Insurance Trust Fund and the 
Federal Supplementary Medical Insurance Trust Fund to carry out section 
4360 of the Omnibus Budget Reconciliation Act of 1990:  Provided, That 
of amounts made available under this heading to carry out sections 311, 
331, and 336 of the OAA, up to one percent of such amounts shall be 
available for developing and implementing evidence-based practices for 
enhancing senior nutrition, including medically-tailored meals:  
Provided further, That notwithstanding any other

[[Page 136 STAT. 4875]]

provision of this Act, funds made available under this heading to carry 
out section 311 of the OAA may be transferred to the Secretary of 
Agriculture in accordance with such section:  Provided further, That up 
to 5 percent of the funds provided for adult protective services grants 
under section 2042 of title XX of the Social Security Act may be used to 
make grants to Tribes and tribal organizations:  Provided further, That 
$2,000,000 shall be for competitive grants to support alternative 
financing programs that provide for the purchase of assistive technology 
devices, such as a low-interest loan fund; an interest buy-down program; 
a revolving loan fund; a loan guarantee; or an insurance program:  
Provided further, That applicants shall provide an assurance that, and 
information describing the manner in which, the alternative financing 
program will expand and emphasize consumer choice and control:  Provided 
further, That State agencies and community-based disability 
organizations that are directed by and operated for individuals with 
disabilities shall be eligible to compete:  Provided 
further, <<NOTE: Notice. Deadline.>>  That none of the funds made 
available under this heading may be used by an eligible system (as 
defined in section 102 of the Protection and Advocacy for Individuals 
with Mental Illness Act (42 U.S.C. 10802)) to continue to pursue any 
legal action in a Federal or State court on behalf of an individual or 
group of individuals with a developmental disability (as defined in 
section 102(8)(A) of the Developmental Disabilities and Assistance and 
Bill of Rights Act of 2000 (20 U.S.C. 15002(8)(A)) that is attributable 
to a mental impairment (or a combination of mental and physical 
impairments), that has as the requested remedy the closure of State 
operated intermediate care facilities for people with intellectual or 
developmental disabilities, unless reasonable public notice of the 
action has been provided to such individuals (or, in the case of mental 
incapacitation, the legal guardians who have been specifically awarded 
authority by the courts to make healthcare and residential decisions on 
behalf of such individuals) who are affected by such action, within 90 
days of instituting such legal action, which informs such individuals 
(or such legal guardians) of their legal rights and how to exercise such 
rights consistent with current Federal Rules of Civil Procedure:  
Provided further, That the limitations in the immediately preceding 
proviso shall not apply in the case of an individual who is neither 
competent to consent nor has a legal guardian, nor shall the proviso 
apply in the case of individuals who are a ward of the State or subject 
to public guardianship:  Provided further, That of the amount made 
available under this heading, $41,644,000 shall be used for the 
projects, and in the amounts, specified in the table titled ``Community 
Project Funding/Congressionally Directed Spending'' included for this 
division in the explanatory statement described in section 4 (in the 
matter preceding division A of this consolidated Act):  Provided 
further, That none of the funds made available for projects described in 
the preceding proviso shall be subject to section 241 of the PHS Act or 
section 205 of this Act.

                         Office of the Secretary

                     general departmental management

    For necessary expenses, not otherwise provided, for general 
departmental management, including hire of six passenger motor

[[Page 136 STAT. 4876]]

vehicles, and for carrying out titles III, XVII, XXI, and section 229 of 
the PHS Act, the United States-Mexico Border Health Commission Act, and 
research studies under section 1110 of the Social Security Act, 
$537,144,000, together with $64,828,000 from the amounts available under 
section 241 of the PHS Act to carry out national health or human 
services research and evaluation activities:  Provided, That of this 
amount, $60,000,000 shall be for minority AIDS prevention and treatment 
activities:  Provided further, That of the funds made available under 
this heading, $101,000,000 shall be for making competitive contracts and 
grants to public and private entities to fund medically accurate and age 
appropriate programs that reduce teen pregnancy and for the Federal 
costs associated with administering and evaluating such contracts and 
grants, of which not more than 10 percent of the available funds shall 
be for training and technical assistance, evaluation, outreach, and 
additional program support activities, and of the remaining amount 75 
percent shall be for replicating programs that have been proven 
effective through rigorous evaluation to reduce teenage pregnancy, 
behavioral risk factors underlying teenage pregnancy, or other 
associated risk factors, and 25 percent shall be available for research 
and demonstration grants to develop, replicate, refine, and test 
additional models and innovative strategies for preventing teenage 
pregnancy:  Provided further, That of the amounts provided under this 
heading from amounts available under section 241 of the PHS Act, 
$6,800,000 shall be available to carry out evaluations (including 
longitudinal evaluations) of teenage pregnancy prevention approaches:  
Provided further, That of the funds made available under this heading, 
$35,000,000 shall be for making competitive grants which exclusively 
implement education in sexual risk avoidance (defined as voluntarily 
refraining from non-marital sexual activity):  Provided 
further, <<NOTE: Sexual risk avoidance.>>  That funding for such 
competitive grants for sexual risk avoidance shall use medically 
accurate information referenced to peer-reviewed publications by 
educational, scientific, governmental, or health organizations; 
implement an evidence-based approach integrating research findings with 
practical implementation that aligns with the needs and desired outcomes 
for the intended audience; and teach the benefits associated with self-
regulation, success sequencing for poverty prevention, healthy 
relationships, goal setting, and resisting sexual coercion, dating 
violence, and other youth risk behaviors such as underage drinking or 
illicit drug use without normalizing teen sexual activity:  Provided 
further, That no more than 10 percent of the funding for such 
competitive grants for sexual risk avoidance shall be available for 
technical assistance and administrative costs of such programs:  
Provided further, <<NOTE: Embryo adoption.>>  That funds provided in 
this Act for embryo adoption activities may be used to provide to 
individuals adopting embryos, through grants and other mechanisms, 
medical and administrative services deemed necessary for such adoptions: 
 Provided further, That such services shall be provided consistent with 
42 CFR 59.5(a)(4):  Provided further, That of the funds made available 
under this heading, $5,000,000 shall be for carrying out prize 
competitions sponsored by the Office of the Secretary to accelerate 
innovation in the prevention, diagnosis, and treatment of kidney 
diseases (as authorized by section 24 of the Stevenson-Wydler Technology 
Innovation Act of 1980 (15 U.S.C. 3719)).

[[Page 136 STAT. 4877]]

                      medicare hearings and appeals

    For expenses necessary for Medicare hearings and appeals in the 
Office of the Secretary, $196,000,000 shall remain available until 
September 30, 2024, to be transferred in appropriate part from the 
Federal Hospital Insurance Trust Fund and the Federal Supplementary 
Medical Insurance Trust Fund.

  office of the national coordinator for health information technology

    For expenses necessary for the Office of the National Coordinator 
for Health Information Technology, including grants, contracts, and 
cooperative agreements for the development and advancement of 
interoperable health information technology, $66,238,000 shall be from 
amounts made available under section 241 of the PHS Act.

                       office of inspector general

    For expenses necessary for the Office of Inspector General, 
including the hire of passenger motor vehicles for investigations, in 
carrying out the provisions of the Inspector General Act of 1978, 
$87,000,000:  Provided, That of such amount, necessary sums shall be 
available for providing protective services to the Secretary and 
investigating non-payment of child support cases for which non-payment 
is a Federal offense under 18 U.S.C. 228:  Provided further, That of the 
amount appropriated under this heading, necessary sums shall be 
available for carrying out activities authorized under section 3022 of 
the PHS Act (42 U.S.C. 300jj-52).

                         office for civil rights

    For expenses necessary for the Office for Civil Rights, $39,798,000.

      retirement pay and medical benefits for commissioned officers

    For retirement pay and medical benefits of Public Health Service 
Commissioned Officers as authorized by law, for payments under the 
Retired Serviceman's Family Protection Plan and Survivor Benefit Plan, 
and for medical care of dependents and retired personnel under the 
Dependents' Medical Care Act, such amounts as may be required during the 
current fiscal year.

            public health and social services emergency fund

    For expenses necessary to support activities related to countering 
potential biological, nuclear, radiological, chemical, and cybersecurity 
threats to civilian populations, and for other public health 
emergencies, $1,647,569,000, of which $950,000,000 shall remain 
available through September 30, 2024, for expenses necessary to support 
advanced research and development pursuant to section 319L of the PHS 
Act and other administrative expenses of the Biomedical Advanced 
Research and Development Authority:  Provided, That funds provided under 
this heading for the purpose of acquisition of security countermeasures 
shall be in addition to any other funds available for such purpose:  
Provided further, That

[[Page 136 STAT. 4878]]

products purchased with funds provided under this heading may, at the 
discretion of the Secretary, be deposited in the Strategic National 
Stockpile pursuant to section 319F-2 of the PHS Act:  Provided further, 
That $5,000,000 of the amounts made available to support emergency 
operations shall remain available through September 30, 2025:  Provided 
further, That $75,000,000 of the amounts made available to support 
coordination of the development, production, and distribution of 
vaccines, therapeutics, and other medical countermeasures shall remain 
available through September 30, 2024.
    For expenses necessary for procuring security countermeasures (as 
defined in section 319F-2(c)(1)(B) of the PHS Act), $820,000,000, to 
remain available until expended.
    For expenses necessary to carry out section 319F-2(a) of the PHS 
Act, $965,000,000, to remain available until expended.
    For an additional amount for expenses necessary to prepare for or 
respond to an influenza pandemic, $335,000,000; of which $300,000,000 
shall be available until expended, for activities including the 
development and purchase of vaccine, antivirals, necessary medical 
supplies, diagnostics, and other surveillance tools:  Provided, That 
notwithstanding section 496(b) of the PHS Act, funds may be used for the 
construction or renovation of privately owned facilities for the 
production of pandemic influenza vaccines and other biologics, if the 
Secretary finds such construction or renovation necessary to secure 
sufficient supplies of such vaccines or biologics.

              advanced research projects agency for health

                      (including transfer of funds)

    For carrying out section 301 and title IV of the PHS Act with 
respect to advanced research projects for health, $1,500,000,000, to 
remain available through September 30, 2025:  
Provided, <<NOTE: President. Appointment. 42 USC 241 note.>>  That the 
President shall appoint in the Department of Health and Human Services a 
director of advanced research projects for health (Director):  Provided 
further, <<NOTE: 42 USC 241 note.>>  That funds may be used to make or 
rescind appointments of scientific, medical, and professional personnel 
without regard to any provision in title 5 governing appointments under 
the civil service laws:  Provided further, <<NOTE: Determination. 42 USC 
241 note.>>  That funds may be used to fix the compensation of such 
personnel at a rate to be determined by the Director, up to the amount 
of annual compensation (excluding expenses) specified in section 102 of 
title 3, United States Code:  Provided 
further, <<NOTE: Grants. Contracts. Cash prizes. 42 USC 241 note.>>  
That the Director may use funds made available under this heading to 
make awards in the form of grants, contracts, cooperative agreements, 
and cash prizes, and enter into other transactions (as defined in 
section 319L(a)(3) of the PHS Act):  Provided further, <<NOTE: 42 USC 
241 note.>>  That activities supported with funds provided under this 
heading shall not be subject to the requirements of sections 
406(a)(3)(A)(ii) or 492 of the PHS Act:  <<NOTE: Deadline. 42 USC 241 
note.>>  Provided further, That the Secretary may transfer the Advanced 
Research Projects Agency for Health, including the functions, personnel, 
missions, activities, authorities, and funds, within 30 days of 
enactment of this Act to any agency or office of the Department of 
Health and Human Services, including the National Institutes of Health:  
Provided further, <<NOTE: Notifications. Time period. 42 USC 241 
note.>>  That the Committees on Appropriations of the House of 
Representatives and the Senate

[[Page 136 STAT. 4879]]

shall be notified at least 15 days in advance of any transfer pursuant 
to the preceding proviso.

                           General Provisions

    Sec. 201.  Funds appropriated in this title shall be available for 
not to exceed $50,000 for official reception and representation expenses 
when specifically approved by the Secretary.
    Sec. 202.  None of the funds appropriated in this title shall be 
used to pay the salary of an individual, through a grant or other 
extramural mechanism, at a rate in excess of Executive Level II:  
Provided, That none of the funds appropriated in this title shall be 
used to prevent the NIH from paying up to 100 percent of the salary of 
an individual at this rate.
    Sec. 203. <<NOTE: Reports.>>   None of the funds appropriated in 
this Act may be expended pursuant to section 241 of the PHS Act, except 
for funds specifically provided for in this Act, or for other taps and 
assessments made by any office located in HHS, prior to the preparation 
and submission of a report by the Secretary to the Committees on 
Appropriations of the House of Representatives and the Senate detailing 
the planned uses of such funds.

    Sec. 204. <<NOTE: Determination. Evaluation.>>   Notwithstanding 
section 241(a) of the PHS Act, such portion as the Secretary shall 
determine, but not more than 2.5 percent, of any amounts appropriated 
for programs authorized under such Act shall be made available for the 
evaluation (directly, or by grants or contracts) and the implementation 
and effectiveness of programs funded in this title.

                           (transfer of funds)

    Sec. 205.  Not to exceed 1 percent of any discretionary funds 
(pursuant to the Balanced Budget and Emergency Deficit Control Act of 
1985) which are appropriated for the current fiscal year for HHS in this 
Act may be transferred between appropriations, but no such appropriation 
shall be increased by more than 3 percent by any such transfer:  
Provided, That the transfer authority granted by this section shall not 
be used to create any new program or to fund any project or activity for 
which no funds are provided in this Act:  Provided 
further, <<NOTE: Notifications. Time period.>>  That the Committees on 
Appropriations of the House of Representatives and the Senate are 
notified at least 15 days in advance of any transfer.

    Sec. 206. <<NOTE: Time period. Contracts.>>   In lieu of the 
timeframe specified in section 338E(c)(2) of the PHS Act, terminations 
described in such section may occur up to 60 days after the effective 
date of a contract awarded in fiscal year 2023 under section 338B of 
such Act, or at any time if the individual who has been awarded such 
contract has not received funds due under the contract.

    Sec. 207. <<NOTE: Certification. Children and youth. Family 
planning.>>   None of the funds appropriated in this Act may be made 
available to any entity under title X of the PHS Act unless the 
applicant for the award certifies to the Secretary that it encourages 
family participation in the decision of minors to seek family planning 
services and that it provides counseling to minors on how to resist 
attempts to coerce minors into engaging in sexual activities.

    Sec. 208. <<NOTE: Child abuse.>>   Notwithstanding any other 
provision of law, no provider of services under title X of the PHS Act 
shall be exempt from any State law requiring notification or the 
reporting of child abuse, child molestation, sexual abuse, rape, or 
incest.

[[Page 136 STAT. 4880]]

    Sec. 209. <<NOTE: Abortions.>>   None of the funds appropriated by 
this Act (including funds appropriated to any trust fund) may be used to 
carry out the Medicare Advantage program if the Secretary denies 
participation in such program to an otherwise eligible entity (including 
a Provider Sponsored Organization) because the entity informs the 
Secretary that it will not provide, pay for, provide coverage of, or 
provide referrals for abortions:  Provided, That the Secretary shall 
make appropriate prospective adjustments to the capitation payment to 
such an entity (based on an actuarially sound estimate of the expected 
costs of providing the service to such entity's enrollees):  Provided 
further, That nothing in this section shall be construed to change the 
Medicare program's coverage for such services and a Medicare Advantage 
organization described in this section shall be responsible for 
informing enrollees where to obtain information about all Medicare 
covered services.

    Sec. 210. <<NOTE: Gun control.>>   None of the funds made available 
in this title may be used, in whole or in part, to advocate or promote 
gun control.

    Sec. 211. <<NOTE: Government employees. Children and youth. AIDS.>>  
 The Secretary shall make available through assignment not more than 60 
employees of the Public Health Service to assist in child survival 
activities and to work in AIDS programs through and with funds provided 
by the Agency for International Development, the United Nations 
International Children's Emergency Fund or the World Health 
Organization.

    Sec. 212.  In order for HHS to carry out international health 
activities, including HIV/AIDS and other infectious disease, chronic and 
environmental disease, and other health activities abroad during fiscal 
year 2023:
            (1) The Secretary may exercise authority equivalent to that 
        available to the Secretary of State in section 2(c) of the State 
        Department Basic Authorities Act of 
        1956. <<NOTE: Consultation.>>  The Secretary shall consult with 
        the Secretary of State and relevant Chief of Mission to ensure 
        that the authority provided in this section is exercised in a 
        manner consistent with section 207 of the Foreign Service Act of 
        1980 and other applicable statutes administered by the 
        Department of State.
            (2) <<NOTE: Reimbursement.>>  The Secretary is authorized to 
        provide such funds by advance or reimbursement to the Secretary 
        of State as may be necessary to pay the costs of acquisition, 
        lease, alteration, renovation, and management of facilities 
        outside of the United States for the use of 
        HHS. <<NOTE: Cooperation. Compliance.>>  The Department of State 
        shall cooperate fully with the Secretary to ensure that HHS has 
        secure, safe, functional facilities that comply with applicable 
        regulation governing location, setback, and other facilities 
        requirements and serve the purposes established by this Act. 
        The <<NOTE: Grants. Contracts. Nonprofits. HIV/AIDS.>>  
        Secretary is authorized, in consultation with the Secretary of 
        State, through grant or cooperative agreement, to make available 
        to public or nonprofit private institutions or agencies in 
        participating foreign countries, funds to acquire, lease, alter, 
        or renovate facilities in those countries as necessary to 
        conduct programs of assistance for international health 
        activities, including activities relating to HIV/AIDS and other 
        infectious diseases, chronic and environmental diseases, and 
        other health activities abroad.
            (3) The Secretary is authorized to provide to personnel 
        appointed or assigned by the Secretary to serve abroad, 
        allowances and benefits similar to those provided under chapter 
        9 of title I of the Foreign Service Act of 1980, and 22 U.S.C.

[[Page 136 STAT. 4881]]

        4081 through 4086 and subject to such regulations prescribed by 
        the Secretary. The Secretary is further authorized to provide 
        locality-based comparability payments (stated as a percentage) 
        up to the amount of the locality-based comparability payment 
        (stated as a percentage) that would be payable to such personnel 
        under section 5304 of title 5, United States Code if such 
        personnel's official duty station were in the District of 
        Columbia. Leaves of absence for personnel under this subsection 
        shall be on the same basis as that provided under subchapter I 
        of chapter 63 of title 5, United States Code, or section 903 of 
        the Foreign Service Act of 1980, to individuals serving in the 
        Foreign Service.

                           (transfer of funds)

    Sec. 213.  The Director of the NIH, jointly with the Director of the 
Office of AIDS Research, may transfer up to 3 percent among institutes 
and centers from the total amounts identified by these two Directors as 
funding for research pertaining to the human immunodeficiency virus:  
Provided, <<NOTE: Notifications. Time period.>>  That the Committees on 
Appropriations of the House of Representatives and the Senate are 
notified at least 15 days in advance of any transfer.

                           (transfer of funds)

    Sec. 214. <<NOTE: Determination.>>   Of the amounts made available 
in this Act for NIH, the amount for research related to the human 
immunodeficiency virus, as jointly determined by the Director of NIH and 
the Director of the Office of AIDS Research, shall be made available to 
the ``Office of AIDS Research'' account. The Director of the Office of 
AIDS Research shall transfer from such account amounts necessary to 
carry out section 2353(d)(3) of the PHS Act.

    Sec. 215. (a) Authority.--Notwithstanding any other provision of 
law, the Director of NIH (``Director'') may use funds authorized under 
section 402(b)(12) of the PHS Act to enter into transactions (other than 
contracts, cooperative agreements, or grants) to carry out research 
identified pursuant to or research and activities described in such 
section 402(b)(12).
    (b) <<NOTE: Procedures. Assessments.>>  Peer Review.--In entering 
into transactions under subsection (a), the Director may utilize such 
peer review procedures (including consultation with appropriate 
scientific experts) as the Director determines to be appropriate to 
obtain assessments of scientific and technical 
merit. <<NOTE: Applicability.>> Such procedures shall apply to such 
transactions in lieu of the peer review and advisory council review 
procedures that would otherwise be required under sections 301(a)(3), 
405(b)(1)(B), 405(b)(2), 406(a)(3)(A), 492, and 494 of the PHS Act.

    Sec. 216.  Not to exceed $100,000,000 of funds appropriated by this 
Act to the institutes and centers of the National Institutes of Health 
may be used for alteration, repair, or improvement of facilities, as 
necessary for the proper and efficient conduct of the activities 
authorized herein, at not to exceed $5,000,000 per project.

                           (transfer of funds)

    Sec. 217.  Of the amounts made available for NIH, 1 percent of the 
amount made available for National Research Service Awards (``NRSA'') 
shall be made available to the Administrator of the Health

[[Page 136 STAT. 4882]]

Resources and Services Administration to make NRSA awards for research 
in primary medical care to individuals affiliated with entities who have 
received grants or contracts under sections 736, 739, or 747 of the PHS 
Act, and 1 percent of the amount made available for NRSA shall be made 
available to the Director of the Agency for Healthcare Research and 
Quality to make NRSA awards for health service research.
    Sec. 218. <<NOTE: Contracts.>>  (a) The Biomedical Advanced Research 
and Development Authority (``BARDA'') may enter into a contract, for 
more than one but no more than 10 program years, for purchase of 
research services or of security countermeasures, as that term is 
defined in section 319F-2(c)(1)(B) of the PHS Act (42 U.S.C. 247d-
6b(c)(1)(B)), if--
            (1) funds are available and obligated--
                    (A) for the full period of the contract or for the 
                first fiscal year in which the contract is in effect; 
                and
                    (B) for the estimated costs associated with a 
                necessary termination of the contract; and
            (2) <<NOTE: Determination.>>  the Secretary determines that 
        a multi-year contract will serve the best interests of the 
        Federal Government by encouraging full and open competition or 
        promoting economy in administration, performance, and operation 
        of BARDA's programs.

    (b) A contract entered into under this section--
            (1) shall include a termination clause as described by 
        subsection (c) of section 3903 of title 41, United States Code; 
        and
            (2) shall be subject to the congressional notice requirement 
        stated in subsection (d) of such section.

    Sec. 219. (a) <<NOTE: Publication. Web posting.>>  The Secretary 
shall publish in the fiscal year 2024 budget justification and on 
Departmental Web sites information concerning the employment of full-
time equivalent Federal employees or contractors for the purposes of 
implementing, administering, enforcing, or otherwise carrying out the 
provisions of the ACA, and the amendments made by that Act, in the 
proposed fiscal year and each fiscal year since the enactment of the 
ACA.

    (b) With respect to employees or contractors supported by all funds 
appropriated for purposes of carrying out the ACA (and the amendments 
made by that Act), the Secretary shall include, at a minimum, the 
following information:
            (1) <<NOTE: Statement.>>  For each such fiscal year, the 
        section of such Act under which such funds were appropriated, a 
        statement indicating the program, project, or activity receiving 
        such funds, the Federal operating division or office that 
        administers such program, and the amount of funding received in 
        discretionary or mandatory appropriations.
            (2) For each such fiscal year, the number of full-time 
        equivalent employees or contracted employees assigned to each 
        authorized and funded provision detailed in accordance with 
        paragraph (1).

    (c) In carrying out this section, the Secretary may exclude from the 
report employees or contractors who--
            (1) are supported through appropriations enacted in laws 
        other than the ACA and work on programs that existed prior to 
        the passage of the ACA;
            (2) spend less than 50 percent of their time on activities 
        funded by or newly authorized in the ACA; or

[[Page 136 STAT. 4883]]

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

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

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

                           (transfer of funds)

    Sec. 222. (a) <<NOTE: Deadline.>>  Within 45 days of enactment of 
this Act, the Secretary shall transfer funds appropriated under section 
4002 of the ACA to the accounts specified, in the amounts specified, and 
for the activities specified under the heading ``Prevention and Public 
Health Fund'' in the explanatory statement described in section 4 (in 
the matter preceding division A of this consolidated Act).

    (b) Notwithstanding section 4002(c) of the ACA, the Secretary may 
not further transfer these amounts.
    (c) Funds transferred for activities authorized under section 2821 
of the PHS Act shall be made available without reference to section 
2821(b) of such Act.
    Sec. 223. <<NOTE: Effective date. Time period.>>  Effective during 
the period beginning on November 1, 2015 and ending January 1, 2025, any 
provision of law that refers (including through cross-reference to 
another provision of law) to the current recommendations of the United 
States Preventive Services Task Force with respect to breast cancer 
screening, mammography, and prevention shall be administered by the 
Secretary involved as if--
            (1) such reference to such current recommendations were a 
        reference to the recommendations of such Task Force with respect 
        to breast cancer screening, mammography, and prevention last 
        issued before 2009; and
            (2) such recommendations last issued before 2009 applied to 
        any screening mammography modality under section 1861(jj) of the 
        Social Security Act (42 U.S.C. 1395x(jj)).

    Sec. 224. <<NOTE: Applicability.>>  In making Federal financial 
assistance, the provisions relating to indirect costs in part 75 of 
title 45, Code of Federal Regulations, including with respect to the 
approval of deviations from negotiated rates, shall continue to apply to 
the National Institutes of Health to the same extent and in the same 
manner as such provisions were applied in the third quarter of fiscal 
year 2017. None of the funds appropriated in this or prior Acts or 
otherwise made available to the Department of Health and Human

[[Page 136 STAT. 4884]]

Services or to any department or agency may be used to develop or 
implement a modified approach to such provisions, or to intentionally or 
substantially expand the fiscal effect of the approval of such 
deviations from negotiated rates beyond the proportional effect of such 
approvals in such quarter.

                           (transfer of funds)

    Sec. 225. <<NOTE: Opioids. Time period. Notifications.>>  The NIH 
Director may transfer funds for opioid addiction, opioid alternatives, 
stimulant misuse and addiction, pain management, and addiction treatment 
to other Institutes and Centers of the NIH to be used for the same 
purpose 15 days after notifying the Committees on Appropriations of the 
House of Representatives and the Senate:  Provided, That the transfer 
authority provided in the previous proviso is in addition to any other 
transfer authority provided by law.

    Sec. 226. <<NOTE: Notifications. Grants.>>  (a) The Secretary shall 
provide to the Committees on Appropriations of the House of 
Representatives and the Senate:
            (1) Detailed monthly enrollment figures from the Exchanges 
        established under the Patient Protection and Affordable Care Act 
        of 2010 pertaining to enrollments during the open enrollment 
        period; and
            (2) Notification of any new or competitive grant awards, 
        including supplements, authorized under section 330 of the 
        Public Health Service Act.

    (b) <<NOTE: Time period.>>  The Committees on Appropriations of the 
House and Senate must be notified at least 2 business days in advance of 
any public release of enrollment information or the award of such 
grants.

    Sec. 227.  In addition to the amounts otherwise available for 
``Centers for Medicare & Medicaid Services, Program Management'', the 
Secretary of Health and Human Services may transfer up to $455,000,000 
to such account from the Federal Hospital Insurance Trust Fund and the 
Federal Supplementary Medical Insurance Trust Fund to support program 
management activity related to the Medicare Program:  Provided, That 
except for the foregoing purpose, such funds may not be used to support 
any provision of Public Law 111-148 or Public Law 111-152 (or any 
amendment made by either such Public Law) or to supplant any other 
amounts within such account.
    Sec. 228. <<NOTE: Reports.>>  The Department of Health and Human 
Services shall provide the Committees on Appropriations of the House of 
Representatives and Senate a biannual report 30 days after enactment of 
this Act on staffing described in the explanatory statement described in 
section 4 (in the matter preceding division A of this consolidated Act).

    Sec. 229.  Funds appropriated in this Act that are available for 
salaries and expenses of employees of the Department of Health and Human 
Services shall also be available to pay travel and related expenses of 
such an employee or of a member of his or her family, when such employee 
is assigned to duty, in the United States or in a U.S. territory, during 
a period and in a location that are the subject of a determination of a 
public health emergency under section 319 of the Public Health Service 
Act and such travel is necessary to obtain medical care for an illness, 
injury, or medical condition that cannot be adequately addressed in that 
location at that time. <<NOTE: Definition.>>  For purposes of this 
section, the term ``U.S. territory'' means Guam, the Commonwealth of 
Puerto Rico, the Northern

[[Page 136 STAT. 4885]]

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

    Sec. 230. <<NOTE: Donations. Alien children.>>  The Department of 
Health and Human Services may accept donations from the private sector, 
nongovernmental organizations, and other groups independent of the 
Federal Government for the care of unaccompanied alien children (as 
defined in section 462(g)(2) of the Homeland Security Act of 2002 (6 
U.S.C. 279(g)(2))) in the care of the Office of Refugee Resettlement of 
the Administration for Children and Families, including medical goods 
and services, which may include early childhood developmental 
screenings, school supplies, toys, clothing, and any other items 
intended to promote the wellbeing of such children.

    Sec. 231. <<NOTE: Alien children. Determination. Time 
periods. Grants. Contracts.>>  None of the funds made available in this 
Act under the heading ``Department of Health and Human Services--
Administration for Children and Families--Refugee and Entrant 
Assistance'' may be obligated to a grantee or contractor to house 
unaccompanied alien children (as such term is defined in section 
462(g)(2) of the Homeland Security Act of 2002 (6 U.S.C. 279(g)(2))) in 
any facility that is not State-licensed for the care of unaccompanied 
alien children, except in the case that the Secretary determines that 
housing unaccompanied alien children in such a facility is necessary on 
a temporary basis due to an influx of such children or an emergency, 
provided that--
            (1) <<NOTE: Requirements. Compliance.>>  the terms of the 
        grant or contract for the operations of any such facility that 
        remains in operation for more than six consecutive months shall 
        require compliance with--
                    (A) <<NOTE: Determination.>>  the same requirements 
                as licensed placements, as listed in Exhibit 1 of the 
                Flores Settlement Agreement that the Secretary 
                determines are applicable to non-State licensed 
                facilities; and
                    (B) staffing ratios of one (1) on-duty Youth Care 
                Worker for every eight (8) children or youth during 
                waking hours, one (1) on-duty Youth Care Worker for 
                every sixteen (16) children or youth during sleeping 
                hours, and clinician ratios to children (including 
                mental health providers) as required in grantee 
                cooperative agreements;
            (2) <<NOTE: Waiver authority. Certification. Reports.>>  the 
        Secretary may grant a 60-day waiver for a contractor's or 
        grantee's non-compliance with paragraph (1) if the Secretary 
        certifies and provides a report to Congress on the contractor's 
        or grantee's good-faith efforts and progress towards compliance;
            (3) not more than four consecutive waivers under paragraph 
        (2) may be granted to a contractor or grantee with respect to a 
        specific facility;
            (4) ORR shall ensure full adherence to the monitoring 
        requirements set forth in section 5.5 of its Policies and 
        Procedures Guide as of May 15, 2019;
            (5) for any such unlicensed facility in operation for more 
        than three consecutive months, ORR shall conduct a minimum of 
        one comprehensive monitoring visit during the first three months 
        of operation, with quarterly monitoring visits thereafter; and
            (6) <<NOTE: Deadline. Briefing.>>  not later than 60 days 
        after the date of enactment of this Act, ORR shall brief the 
        Committees on Appropriations of the House of Representatives and 
        the Senate outlining the

[[Page 136 STAT. 4886]]

        requirements of ORR for influx facilities including any 
        requirement listed in paragraph (1)(A) that the Secretary has 
        determined are not applicable to non-State licensed facilities.

    Sec. 232.  <<NOTE: Notification. Time periods. Analysis. Alien 
children. 6 USC 279 note.>>  In addition to the existing Congressional 
notification for formal site assessments of potential influx facilities, 
the Secretary shall notify the Committees on Appropriations of the House 
of Representatives and the Senate at least 15 days before 
operationalizing an unlicensed facility, and shall (1) specify whether 
the facility is hard-sided or soft-sided, and (2) provide analysis that 
indicates that, in the absence of the influx facility, the likely 
outcome is that unaccompanied alien children will remain in the custody 
of the Department of Homeland Security for longer than 72 hours or that 
unaccompanied alien children will be otherwise placed in 
danger. <<NOTE: Reports.>>  Within 60 days of bringing such a facility 
online, and monthly thereafter, the Secretary shall provide to the 
Committees on Appropriations of the House of Representatives and the 
Senate a report detailing the total number of children in care at the 
facility, the average length of stay and average length of care of 
children at the facility, and, for any child that has been at the 
facility for more than 60 days, their length of stay and reason for 
delay in release.

    Sec. 233. <<NOTE: Congress. Alien children. Time period.>>   None of 
the funds made available in this Act may be used to prevent a United 
States Senator or Member of the House of Representatives from entering, 
for the purpose of conducting oversight, any facility in the United 
States used for the purpose of maintaining custody of, or otherwise 
housing, unaccompanied alien children (as defined in section 462(g)(2) 
of the Homeland Security Act of 2002 (6 U.S.C. 279(g)(2))), provided 
that such Senator or Member has coordinated the oversight visit with the 
Office of Refugee Resettlement not less than two business days in 
advance to ensure that such visit would not interfere with the 
operations (including child welfare and child safety operations) of such 
facility.

    Sec. 234. <<NOTE: Public information. Web posting. Reports. Alien 
children. 6 USC 279 note.>>  Not later than 14 days after the date of 
enactment of this Act, and monthly thereafter, the Secretary shall 
submit to the Committees on Appropriations of the House of 
Representatives and the Senate, and make publicly available online, a 
report with respect to children who were separated from their parents or 
legal guardians by the Department of Homeland Security (DHS) (regardless 
of whether or not such separation was pursuant to an option selected by 
the children, parents, or guardians), subsequently classified as 
unaccompanied alien children, and transferred to the care and custody of 
ORR during the previous month. Each report shall contain the following 
information:
            (1) the number and ages of children so separated subsequent 
        to apprehension at or between ports of entry, to be reported by 
        sector where separation occurred; and
            (2) the documented cause of separation, as reported by DHS 
        when each child was referred.

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

[[Page 136 STAT. 4887]]

                              (rescission)

    Sec. 236. <<NOTE: Deadline.>>  Of the unobligated balances in the 
``Nonrecurring Expenses Fund'' established in section 223 of division G 
of Public Law 110-161, $650,000,000 are hereby rescinded not later than 
September 30, 2023.

    Sec. 237.  <<NOTE: Waiver authority.>>  The Secretary of Health and 
Human Services may waive penalties and administrative requirements in 
title XXVI of the Public Health Service Act for awards under such title 
from amounts provided under the heading ``Department of Health and Human 
Services--Health Resources and Services Administration'' in this or any 
other appropriations Act for this fiscal year, including amounts made 
available to such heading by transfer.

    This title may be cited as the ``Department of Health and Human 
Services Appropriations Act, 2023''.

TITLE III <<NOTE: Department of Education Appropriations Act, 2023.>> 

                         DEPARTMENT OF EDUCATION

                     Education for the Disadvantaged

    For carrying out title I and subpart 2 of part B of title II of the 
Elementary and Secondary Education Act of 1965 (referred to in this Act 
as ``ESEA'') and section 418A of the Higher Education Act of 1965 
(referred to in this Act as ``HEA''), $19,087,790,000, of which 
$8,159,490,000 shall become available on July 1, 2023, and shall remain 
available through September 30, 2024, and of which $10,841,177,000 shall 
become available on October 1, 2023, and shall remain available through 
September 30, 2024, for academic year 2023-2024:  Provided, That 
$6,459,401,000 shall be for basic grants under section 1124 of the ESEA: 
 Provided further, That up to $5,000,000 of these funds shall be 
available to the Secretary of Education (referred to in this title as 
``Secretary'') on October 1, 2022, to obtain annually updated local 
educational agency-level census poverty data from the Bureau of the 
Census:  Provided further, That $1,362,301,000 shall be for 
concentration grants under section 1124A of the ESEA:  Provided further, 
That $5,282,550,000 shall be for targeted grants under section 1125 of 
the ESEA:  Provided further, That $5,282,550,000 shall be for education 
finance incentive grants under section 1125A of the ESEA:  Provided 
further, That $224,000,000 shall be for carrying out subpart 2 of part B 
of title II:  Provided further, That $52,123,000 shall be for carrying 
out section 418A of the HEA.

                               Impact Aid

    For carrying out programs of financial assistance to federally 
affected schools authorized by title VII of the ESEA, $1,618,112,000, of 
which $1,468,242,000 shall be for basic support payments under section 
7003(b), $48,316,000 shall be for payments for children with 
disabilities under section 7003(d), $18,406,000, to remain available 
through September 30, 2024, shall be for construction under section 
7007(b), $78,313,000 shall be for Federal property payments under 
section 7002, and $4,835,000, to remain available until expended, shall 
be for facilities maintenance under section 7008:  Provided, That for 
purposes of computing the amount of a payment for an eligible local 
educational agency under section 7003(a) for

[[Page 136 STAT. 4888]]

school year 2022-2023, children enrolled in a school of such agency that 
would otherwise be eligible for payment under section 7003(a)(1)(B) of 
such Act, but due to the deployment of both parents or legal guardians, 
or a parent or legal guardian having sole custody of such children, or 
due to the death of a military parent or legal guardian while on active 
duty (so long as such children reside on Federal property as described 
in section 7003(a)(1)(B)), are no longer eligible under such section, 
shall be considered as eligible students under such section, provided 
such students remain in average daily attendance at a school in the same 
local educational agency they attended prior to their change in 
eligibility status.

                       School Improvement Programs

    For carrying out school improvement activities authorized by part B 
of title I, part A of title II, subpart 1 of part A of title IV, part B 
of title IV, part B of title V, and parts B and C of title VI of the 
ESEA; the McKinney-Vento Homeless Assistance Act; section 203 of the 
Educational Technical Assistance Act of 2002; the Compact of Free 
Association Amendments Act of 2003; and the Civil Rights Act of 1964, 
$5,810,642,000, of which $3,952,312,000 shall become available on July 
1, 2023, and remain available through September 30, 2024, and of which 
$1,681,441,000 shall become available on October 1, 2023, and shall 
remain available through September 30, 2024, for academic year 2023-
2024:  Provided, That $390,000,000 shall be for part B of title I:  
Provided further, That $1,329,673,000 shall be for part B of title IV:  
Provided further, That $45,897,000 shall be for part B of title VI, 
which may be used for construction, renovation, and modernization of any 
public elementary school, secondary school, or structure related to a 
public elementary school or secondary school that serves a predominantly 
Native Hawaiian student body, and that the 5 percent limitation in 
section 6205(b) of the ESEA on the use of funds for administrative 
purposes shall apply only to direct administrative costs:  Provided 
further, That $44,953,000 shall be for part C of title VI, which shall 
be awarded on a competitive basis, and may be used for construction, and 
that the 5 percent limitation in section 6305 of the ESEA on the use of 
funds for administrative purposes shall apply only to direct 
administrative costs:  Provided further, That $55,000,000 shall be 
available to carry out section 203 of the Educational Technical 
Assistance Act of 2002 and the Secretary shall make such arrangements as 
determined to be necessary to ensure that the Bureau of Indian Education 
has access to services provided under this section:  Provided further, 
That $24,464,000 shall be available to carry out the Supplemental 
Education Grants program for the Federated States of Micronesia and the 
Republic of the Marshall Islands:  Provided further, That the Secretary 
may reserve up to 5 percent of the amount referred to in the previous 
proviso to provide technical assistance in the implementation of these 
grants:  Provided further, That $215,000,000 shall be for part B of 
title V:  Provided further, That $1,380,000,000 shall be available for 
grants under subpart 1 of part A of title IV.

                            Indian Education

    For expenses necessary to carry out, to the extent not otherwise 
provided, title VI, part A of the ESEA, $194,746,000, of which

[[Page 136 STAT. 4889]]

$72,000,000 shall be for subpart 2 of part A of title VI and $12,365,000 
shall be for subpart 3 of part A of title VI:  Provided, That the 
5 <<NOTE: Applicability.>> percent limitation in sections 6115(d), 
6121(e), and 6133(g) of the ESEA on the use of funds for administrative 
purposes shall apply only to direct administrative costs:  Provided 
further, That grants <<NOTE: Time period.>>  awarded under sections 6132 
and 6133 of the ESEA with funds provided under this heading may be for a 
period of up to 5 years.

                       Innovation and Improvement

    For carrying out activities authorized by subparts 1, 3 and 4 of 
part B of title II, and parts C, D, and E and subparts 1 and 4 of part F 
of title IV of the ESEA, $1,253,000,000:  Provided, That $286,000,000 
shall be for subparts 1, 3 and 4 of part B of title II and shall be made 
available without regard to sections 2201, 2231(b) and 2241:  Provided 
further, That $683,000,000 shall be for parts C, D, and E and subpart 4 
of part F of title IV, and shall be made available without regard to 
sections 4311, 4409(a), and 4601 of the ESEA:  Provided further, That 
section 4303(d)(3)(A)(i) shall not apply to the funds available for part 
C of title IV:  Provided further, That of the funds available for part C 
of title IV, the Secretary shall use not less than $60,000,000 to carry 
out section 4304, of which not more than $10,000,000 shall be available 
to carry out section 4304(k), $140,000,000, to remain available through 
March 31, 2024, to carry out section 4305(b), and not more than 
$16,000,000 to carry out the activities in section 4305(a)(3):  Provided 
further, That notwithstanding section 4601(b), $284,000,000 shall be 
available through December 31, 2023 for subpart 1 of part F of title IV: 
 Provided further, That of the funds available for subpart 4 of part F 
of title IV, not less than $8,000,000 shall be used for continuation 
grants for eligible national nonprofit organizations, as described in 
the Applications for New Awards; Assistance for Arts Education Program 
published in the Federal Register on May 31, 2022, for activities 
described under section 4642(a)(1)(C).

                 Safe Schools and Citizenship Education

    For carrying out activities authorized by subparts 2 and 3 of part F 
of title IV of the ESEA, $457,000,000, to remain available through 
December 31, 2023:  Provided, That $216,000,000 shall be available for 
section 4631, of which up to $5,000,000, to remain available until 
expended, shall be for the Project School Emergency Response to Violence 
(Project SERV) program:  Provided further, That $150,000,000 shall be 
available for section 4625:  Provided further, That $91,000,000 shall be 
for section 4624.

                      English Language Acquisition

    For carrying out part A of title III of the ESEA, $890,000,000, 
which shall become available on July 1, 2023, and shall remain available 
through September 30, 2024, except that 6.5 percent of such amount shall 
be available on October 1, 2022, and shall remain available through 
September 30, 2024, to carry out activities under section 3111(c)(1)(C).

[[Page 136 STAT. 4890]]

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

    For carrying out the Individuals with Disabilities Education Act 
(IDEA) and the Special Olympics Sport and Empowerment Act of 2004, 
$15,453,264,000, of which $5,870,321,000 shall become available on July 
1, 2023, and shall remain available through September 30, 2024, and of 
which $9,283,383,000 shall become available on October 1, 2023, and 
shall remain available through September 30, 2024, for academic year 
2023-2024:  Provided, That the amount for section 611(b)(2) of the IDEA 
shall be equal to the lesser of the amount available for that activity 
during fiscal year 2022, increased by the amount of inflation as 
specified in section 619(d)(2)(B) of the IDEA, or the percent change in 
the funds appropriated under section 611(i) of the IDEA, but not less 
than the amount for that activity during fiscal year 2022:  Provided 
further, That the Secretary shall, without regard to section 611(d) of 
the IDEA, distribute to all other States (as that term is defined in 
section 611(g)(2)), subject to the third proviso, any amount by which a 
State's allocation under section 611, from funds appropriated under this 
heading, is reduced under section 612(a)(18)(B), according to the 
following: 85 percent on the basis of the States' relative populations 
of children aged 3 through 21 who are of the same age as children with 
disabilities for whom the State ensures the availability of a free 
appropriate public education under this part, and 15 percent to States 
on the basis of the States' relative populations of those children who 
are living in poverty:  Provided further, That the Secretary may not 
distribute any funds under the previous proviso to any State whose 
reduction in allocation from funds appropriated under this heading made 
funds available for such a distribution:  Provided 
further, <<NOTE: Allocations.>> That the States shall allocate such 
funds distributed under the second proviso to local educational agencies 
in accordance with section 611(f):  Provided 
further, <<NOTE: Reduction. 20 USC 1411 note.>> That the amount by which 
a State's allocation under section 611(d) of the IDEA is reduced under 
section 612(a)(18)(B) and the amounts distributed to States under the 
previous provisos in fiscal year 2012 or any subsequent year shall not 
be considered in calculating the awards under section 611(d) for fiscal 
year 2013 or for any subsequent fiscal years:  Provided 
further, <<NOTE: Applicability. Time period.>> That, notwithstanding the 
provision in section 612(a)(18)(B) regarding the fiscal year in which a 
State's allocation under section 611(d) is reduced for failure to comply 
with the requirement of section 612(a)(18)(A), the Secretary may apply 
the reduction specified in section 612(a)(18)(B) over a period of 
consecutive fiscal years, not to exceed 5, until the entire reduction is 
applied:  Provided further, <<NOTE: 20 USC 1411 note.>>  That the 
Secretary may, in any fiscal year in which a State's allocation under 
section 611 is reduced in accordance with section 612(a)(18)(B), reduce 
the amount a State may reserve under section 611(e)(1) by an amount that 
bears the same relation to the maximum amount described in that 
paragraph as the reduction under section 612(a)(18)(B) bears to the 
total allocation the State would have received in that fiscal year under 
section 611(d) in the absence of the reduction:  Provided 
further, <<NOTE: 20 USC 1411 note.>>  That the Secretary shall either 
reduce the allocation of funds under section 611 for any fiscal year 
following the fiscal year for which the State fails to comply with the 
requirement of section 612(a)(18)(A) as authorized by section 
612(a)(18)(B), or seek to recover funds under section 452 of the General 
Education Provisions Act (20 U.S.C. 1234a):  Provided

[[Page 136 STAT. 4891]]

further, That the funds reserved under 611(c) of the IDEA may be used to 
provide technical assistance to States to improve the capacity of the 
States to meet the data collection requirements of sections 616 and 618 
and to administer and carry out other services and activities to improve 
data collection, coordination, quality, and use under parts B and C of 
the IDEA:  Provided further, That <<NOTE: Evaluation.>>  the Secretary 
may use funds made available for the State Personnel Development Grants 
program under part D, subpart 1 of IDEA to evaluate program performance 
under such subpart:  Provided further, That States <<NOTE: Grants.>> may 
use funds reserved for other State-level activities under sections 
611(e)(2) and 619(f) of the IDEA to make subgrants to local educational 
agencies, institutions of higher education, other public agencies, and 
private non-profit organizations to carry out activities authorized by 
those sections:  Provided further, <<NOTE: Grants.>> That, 
notwithstanding section 643(e)(2)(A) of the IDEA, if 5 or fewer States 
apply for grants pursuant to section 643(e) of such Act, the Secretary 
shall provide a grant to each State in an amount equal to the maximum 
amount described in section 643(e)(2)(B) of such Act:  Provided 
further, <<NOTE: Grants.>> That if more than 5 States apply for grants 
pursuant to section 643(e) of the IDEA, the Secretary shall award funds 
to those States on the basis of the States' relative populations of 
infants and toddlers except that no such State shall receive a grant in 
excess of the amount described in section 643(e)(2)(B) of such Act:  
Provided further, That States <<NOTE: Grants.>> may use funds allotted 
under section 643(c) of the IDEA to make subgrants to local educational 
agencies, institutions of higher education, other public agencies, and 
private non-profit organizations to carry out activities authorized by 
section 638 of IDEA:  Provided further, That, notwithstanding section 
638 of the IDEA, a State may use funds it receives under section 633 of 
the IDEA to offer continued early intervention services to a child who 
previously received services under part C of the IDEA from age 3 until 
the beginning of the school year following the child's third birthday 
with parental consent and without regard to the procedures in section 
635(c) of the IDEA.

                         Rehabilitation Services

                      (including transfer of funds)

    For carrying out, to the extent not otherwise provided, the 
Rehabilitation Act of 1973 and the Helen Keller National Center Act, 
$4,092,906,000, of which $3,949,707,000 shall be for grants for 
vocational rehabilitation services under title I of the Rehabilitation 
Act:  Provided, That the Secretary may use amounts provided in this Act, 
and unobligated balances from title III of the Departments of Labor, 
Health and Human Services, and Education, and Related Agencies 
Appropriations Act, 2022, (division H of Public Law 117-103), that 
remain available subsequent to the reallotment of funds to States 
pursuant to section 110(b) of the Rehabilitation Act for innovative 
activities aimed at increasing competitive integrated employment as 
defined in section 7 of such Act for youth and other individuals with 
disabilities, including related Federal administrative expenses, and for 
improving monitoring and oversight of grants for vocational 
rehabilitation services under title I of the Rehabilitation Act, 
including information technology modernization:  Provided 
further, <<NOTE: Evaluation.>> That up to 15 percent of the amounts

[[Page 136 STAT. 4892]]

available subsequent to reallotment for the activities described in the 
first proviso from funds provided under this paragraph in this Act, may 
be used for evaluation and technical assistance related to such 
activities:  Provided further, <<NOTE: State and local 
governments. Grants.>>  That States may award subgrants for a portion of 
the funds to other public and private, nonprofit entities:  Provided 
further, That any funds provided in this Act and made available 
subsequent to reallotment for the purposes described in the first 
proviso shall remain available until September 30, 2024:  Provided 
further, That the Secretary may transfer funds provided in this Act and 
made available subsequent to the reallotment of funds to States pursuant 
to section 110(b) of the Rehabilitation Act to ``Institute of Education 
Sciences'' for the evaluation of outcomes for students receiving 
services and supports under IDEA and under title I, section 504 of title 
V, and title VI of the Rehabilitation Act:  Provided further, That the 
transfer authority in the preceding proviso is in addition to any other 
transfer authority in this Act.

           Special Institutions for Persons With Disabilities

                  american printing house for the blind

    For carrying out the Act to Promote the Education of the Blind of 
March 3, 1879, $43,431,000.

                national technical institute for the deaf

    For the National Technical Institute for the Deaf under titles I and 
II of the Education of the Deaf Act of 1986, $92,500,000:  Provided, 
That from the total amount available, the Institute may at its 
discretion use funds for the endowment program as authorized under 
section 207 of such Act.

                          gallaudet university

    For the Kendall Demonstration Elementary School, the Model Secondary 
School for the Deaf, and the partial support of Gallaudet University 
under titles I and II of the Education of the Deaf Act of 1986, 
$165,361,000, of which up to $15,000,000, to remain available until 
expended, shall be for construction, as defined by section 201(2) of 
such Act:  Provided, That from the total amount available, the 
University may at its discretion use funds for the endowment program as 
authorized under section 207 of such Act.

                 Career, Technical, and Adult Education

    For carrying out, to the extent not otherwise provided, the Carl D. 
Perkins Career and Technical Education Act of 2006 (``Perkins Act'') and 
the Adult Education and Family Literacy Act (``AEFLA''), $2,191,436,000, 
of which $1,400,436,000 shall become available on July 1, 2023, and 
shall remain available through September 30, 2024, and of which 
$791,000,000 shall become available on October 1, 2023, and shall remain 
available through September 30, 2024:  Provided, That $25,000,000 shall 
be available for innovation and modernization grants under such section 
114(e) of the Perkins Act:  Provided further, That of the amounts made 
available for AEFLA, $13,712,000 shall be for national leadership 
activities under section 242.

[[Page 136 STAT. 4893]]

                      Student Financial Assistance

    For carrying out subparts 1, 3, and 10 of part A, and part C of 
title IV of the HEA, $24,615,352,000 which shall remain available 
through September 30, 2024.
     <<NOTE: 20 USC 1070a note.>> The maximum Pell Grant for which a 
student shall be eligible during award year 2023-2024 shall be $6,335.

                       Student Aid Administration

    For Federal administrative expenses to carry out part D of title I, 
and subparts 1, 3, 9, and 10 of part A, and parts B, C, D, and E of 
title IV of the HEA, and subpart 1 of part A of title VII of the Public 
Health Service Act, $2,033,943,000, to remain available through 
September 30, 2024:  Provided, <<NOTE: Allocations.>>  That the 
Secretary shall allocate new student loan borrower accounts to eligible 
student loan servicers on the basis of their past performance compared 
to all loan servicers utilizing established common metrics, and on the 
basis of the capacity of each servicer to process new and existing 
accounts:  Provided further, <<NOTE: 20 USC 1087f note.>>  That for 
student loan contracts awarded prior to October 1, 2017, the Secretary 
shall allow student loan borrowers who are consolidating Federal student 
loans to select from any student loan servicer to service their new 
consolidated student loan:  Provided further, That in order to promote 
accountability and high-quality service to borrowers, the Secretary 
shall not award funding for any contract solicitation for a new Federal 
student loan servicing environment, including the solicitation for the 
Federal Student Aid (FSA) Next Generation Processing and Servicing 
Environment, unless such an environment provides for the participation 
of multiple student loan servicers that contract directly with the 
Department of Education to manage a unique portfolio of borrower 
accounts and the full life-cycle of loans from disbursement to pay-off 
with certain limited exceptions, and allocates student loan borrower 
accounts to eligible student loan servicers based on performance:  
Provided further, <<NOTE: Reallocation.>> That the Department shall re-
allocate accounts from servicers for recurring non-compliance with FSA 
guidelines, contractual requirements, and applicable laws, including for 
failure to sufficiently inform borrowers of available repayment options: 
 Provided further, <<NOTE: Evaluations. Contracts.>> That such servicers 
shall be evaluated based on their ability to meet contract requirements 
(including an understanding of Federal and State law), future 
performance on the contracts, and history of compliance with applicable 
consumer protections laws:  Provided further, That to the extent FSA 
permits student loan servicing subcontracting, FSA shall hold prime 
contractors accountable for meeting the requirements of the contract, 
and the performance and expectations of subcontractors shall be 
accounted for in the prime contract and in the overall performance of 
the prime contractor:  Provided further, That FSA shall ensure that the 
Next Generation Processing and Servicing Environment, or any new Federal 
loan servicing environment, incentivize more support to borrowers at 
risk of delinquency or default:  Provided further, That FSA shall ensure 
that in such environment contractors have the capacity to meet and are 
held accountable for performance on service levels; are held accountable 
for and have a history of compliance with applicable consumer protection 
laws; and have relevant experience and demonstrated effectiveness:  
Provided further, That <<NOTE: Time period. Briefings.>> the Secretary 
shall provide

[[Page 136 STAT. 4894]]

quarterly briefings to the Committees on Appropriations and Education 
and Labor of the House of Representatives and the Committees on 
Appropriations and Health, Education, Labor, and Pensions of the Senate 
on general progress related to solicitations for Federal student loan 
servicing contracts:  Provided further, <<NOTE: Publication. Data.>>  
That FSA shall strengthen transparency through expanded publication of 
aggregate data on student loan and servicer performance:  Provided 
further, That not <<NOTE: Deadline. Spend plan. Time period. Updates.>>  
later than 60 days after enactment of this Act, FSA shall provide to the 
Committees on Appropriations of the House of Representatives and the 
Senate a detailed spend plan of anticipated uses of funds made available 
in this account for fiscal year 2023 and provide quarterly updates on 
this plan (including contracts awarded, change orders, bonuses paid to 
staff, reorganization costs, and any other activity carried out using 
amounts provided under this heading for fiscal year 2023):  Provided 
further, That the FSA Next Generation Processing and Servicing 
Environment, or any new Federal student loan servicing environment, 
shall include accountability measures that account for the performance 
of the portfolio and contractor compliance with FSA guidelines:  
Provided further, That <<NOTE: Extension authority. Contracts. Time 
period.>> notwithstanding the requirements of the Federal Property and 
Administration Services Act of 1949, 41 U.S.C. 3101 et seq., as amended; 
parts 6, 16, and 37 of title 48, Code of Federal Regulations; or any 
other procurement limitation on the period of performance, the Secretary 
may extend the period of performance for any contract under section 456 
of the HEA for servicing activities for up to one year from the current 
date of expiration.

                            Higher Education

    For carrying out, to the extent not otherwise provided, titles II, 
III, IV, V, VI, VII, and VIII of the HEA, the Mutual Educational and 
Cultural Exchange Act of 1961, and section 117 of the Perkins Act, 
$3,526,037,000, of which $184,000,000 shall remain available through 
December 31, 2023:  Provided, That notwithstanding any other provision 
of law, funds made available in this Act to carry out title VI of the 
HEA and section 102(b)(6) of the Mutual Educational and Cultural 
Exchange Act of 1961 may be used to support visits and study in foreign 
countries by individuals who are participating in advanced foreign 
language training and international studies in areas that are vital to 
United States national security and who plan to apply their language 
skills and knowledge of these countries in the fields of government, the 
professions, or international development:  Provided 
further, <<NOTE: Evaluation.>>  That of the funds referred to in the 
preceding proviso up to 1 percent may be used for program evaluation, 
national outreach, and information dissemination activities:  Provided 
further, <<NOTE: Evaluation.>> That up to 1.5 percent of the funds made 
available under chapter 2 of subpart 2 of part A of title IV of the HEA 
may be used for evaluation:  Provided further, That section 313(d) of 
the HEA shall not apply to an institution of higher education that is 
eligible to receive funding under section 318 of the HEA:  Provided 
further, That amounts made available for carrying out section 419N of 
the HEA may be awarded notwithstanding the limitations in section 
419N(b)(2) of the HEA:  Provided further, That of the amounts made 
available under this heading, $429,587,000 shall be used for the 
projects, and in the amounts, specified in the table titled ``Community 
Project Funding/Congressionally Directed Spending'' included for this 
division in the

[[Page 136 STAT. 4895]]

explanatory statement described in section 4 (in the matter preceding 
division A of this consolidated Act):  Provided further, That none of 
the funds made available for projects described in the preceding proviso 
shall be subject to section 302 of this Act.

                            Howard University

    For partial support of Howard University, $354,018,000, of which not 
less than $3,405,000 shall be for a matching endowment grant pursuant to 
the Howard University Endowment Act and shall remain available until 
expended.

          College Housing and Academic Facilities Loans Program

    For Federal administrative expenses to carry out activities related 
to existing facility loans pursuant to section 121 of the HEA, $298,000.

  Historically Black College and University Capital Financing Program 
                                 Account

    For the cost of guaranteed loans, $20,150,000, as authorized 
pursuant to part D of title III of the HEA, which shall remain available 
through September 30, 2024:  Provided, That such costs, including the 
cost of modifying such loans, shall be as defined in section 502 of the 
Congressional Budget Act of 1974:  Provided further, That these funds 
are available to subsidize total loan principal, any part of which is to 
be guaranteed, not to exceed $752,065,725:  Provided further, That these 
funds may be used to support loans to public and private Historically 
Black Colleges and Universities without regard to the limitations within 
section 344(a) of the HEA.
    In addition, for administrative expenses to carry out the 
Historically Black College and University Capital Financing Program 
entered into pursuant to part D of title III of the HEA, $528,000.

                     Institute of Education Sciences

    For necessary expenses for the Institute of Education Sciences as 
authorized by section 208 of the Department of Education Organization 
Act and carrying out activities authorized by the National Assessment of 
Educational Progress Authorization Act, section 208 of the Educational 
Technical Assistance Act of 2002, and section 664 of the Individuals 
with Disabilities Education Act, $807,605,000, which shall remain 
available through September 30, 2024:  Provided, 
That <<NOTE: Data.>> funds available to carry out section 208 of the 
Educational Technical Assistance Act may be used to link Statewide 
elementary and secondary data systems with early childhood, 
postsecondary, and workforce data systems, or to further develop such 
systems:  Provided further, That up to $6,000,000 of the funds available 
to carry out section 208 of the Educational Technical Assistance Act may 
be used for awards to public or private organizations or agencies to 
support activities to improve data coordination, quality, and use at the 
local, State, and national levels.

[[Page 136 STAT. 4896]]

                         Departmental Management

                         program administration

    For carrying out, to the extent not otherwise provided, the 
Department of Education Organization Act, including rental of conference 
rooms in the District of Columbia and hire of three passenger motor 
vehicles, $426,907,000, of which up to $7,000,000, to remain available 
until expended, shall be available for relocation expenses, and for the 
renovation and repair of leased buildings:  Provided, That, 
notwithstanding any other provision of law, none of the funds provided 
by this Act or provided by previous Appropriations Acts to the 
Department of Education available for obligation or expenditure in the 
current fiscal year may be used for any activity relating to 
implementing a reorganization that decentralizes, reduces the staffing 
level, or alters the responsibilities, structure, authority, or 
functionality of the Budget Service of the Department of Education, 
relative to the organization and operation of the Budget Service as in 
effect on January 1, 2018.

                         office for civil rights

    For expenses necessary for the Office for Civil Rights, as 
authorized by section 203 of the Department of Education Organization 
Act, $140,000,000.

                       office of inspector general

    For expenses necessary for the Office of Inspector General, as 
authorized by section 212 of the Department of Education Organization 
Act, $67,500,000, of which $3,000,000 shall remain available until 
expended.

                           General Provisions

    Sec. 301.  <<NOTE: Voluntary prayer. Meditation.>>  No funds 
appropriated in this Act may be used to prevent the implementation of 
programs of voluntary prayer and meditation in the public schools.

                           (transfer of funds)

    Sec. 302.  Not to exceed 1 percent of any discretionary funds 
(pursuant to the Balanced Budget and Emergency Deficit Control Act of 
1985) which are appropriated for the Department of Education in this Act 
may be transferred between appropriations, but no such appropriation 
shall be increased by more than 3 percent by any such transfer:  
Provided, That the transfer authority granted by this section shall not 
be used to create any new program or to fund any project or activity for 
which no funds are provided in this Act:  Provided 
further, <<NOTE: Notifications. Time period.>>  That the Committees on 
Appropriations of the House of Representatives and the Senate are 
notified at least 15 days in advance of any transfer.

    Sec. 303.  <<NOTE: Time period.>>  Funds appropriated in this Act 
and consolidated for evaluation purposes under section 8601(c) of the 
ESEA shall be available from July 1, 2023, through September 30, 2024.

    Sec. 304. <<NOTE: Scholarships.>>  (a) An institution of higher 
education that maintains an endowment fund supported with funds 
appropriated for title III or V of the HEA for fiscal year 2023 may use 
the income

[[Page 136 STAT. 4897]]

from that fund to award scholarships to students, subject to the 
limitation in section 331(c)(3)(B)(i) of the HEA. The use of such income 
for such purposes, prior to the enactment of this Act, shall be 
considered to have been an allowable use of that income, subject to that 
limitation.

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

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

    Sec. 306.  <<NOTE: Applicability. 20 USC 1087h note.>>  Section 
458(a)(4) of the HEA (20 U.S.C. 1087h(a)) shall be applied by 
substituting ``2023'' for ``2021''.

    Sec. 307.  Funds appropriated in this Act under the heading 
``Student Aid Administration'' may be available for payments for student 
loan servicing to an institution of higher education that services 
outstanding Federal Perkins Loans under part E of title IV of the Higher 
Education Act of 1965 (20 U.S.C. 1087aa et seq.).

                              (rescission)

    Sec. 308.  Of the amounts appropriated under section 
401(b)(7)(A)(iv)(XI) of the Higher Education Act of 1965 (20 U.S.C. 
1070a(b)(7)(A)(iv)(XI)) for fiscal year 2023, $75,000,000 are hereby 
rescinded.
    Sec. 309.  <<NOTE: Loan cancellation.>>  Of the amounts made 
available in this title under the heading ``Student Aid 
Administration'', $2,300,000 shall be used by the Secretary of Education 
to conduct outreach to borrowers of loans made under part D of title IV 
of the Higher Education Act of 1965 who may intend to qualify for loan 
cancellation under section 455(m) of such Act (20 U.S.C. 1087e(m)), to 
ensure that borrowers are meeting the terms and conditions of such loan 
cancellation:  Provided, That the Secretary shall specifically conduct 
outreach to assist borrowers who would qualify for loan cancellation 
under section 455(m) of such Act except that the borrower has made some, 
or all, of the 120 required payments under a repayment plan that is not 
described under section 455(m)(A) of such Act, to encourage borrowers to 
enroll in a qualifying repayment plan:  Provided 
further, <<NOTE: Website.>>  That the Secretary shall also communicate 
to all Direct Loan borrowers the full requirements of section 455(m) of 
such Act and improve the filing of employment certification by providing 
improved outreach and information such as outbound calls, electronic 
communications, ensuring prominent access to program requirements and 
benefits on each servicer's website, and creating an option for all 
borrowers to complete the entire payment certification process 
electronically and on a centralized website.

    Sec. 310.  <<NOTE: Evaluations. Analysis. Data.>>  The Secretary may 
reserve not more than 0.5 percent from any amount made available in this 
Act for an HEA program, except for any amounts made available for 
subpart 1 of part A of title IV of the HEA, to carry out rigorous and 
independent evaluations and to collect and analyze outcome data for any 
program authorized by the HEA:  Provided, That no funds made available 
in this Act for the ``Student Aid Administration'' account shall be 
subject to the reservation under this section:  Provided further, That 
any funds reserved under this section shall be available through 
September 30, 2025:  Provided further, That if, under any other 
provision of law, funds are authorized to be reserved or used for 
evaluation activities with respect to a program or project,

[[Page 136 STAT. 4898]]

the Secretary may also reserve funds for such program or project for the 
purposes described in this section so long as the total reservation of 
funds for such program or project does not exceed any statutory limits 
on such reservations:  Provided further, <<NOTE: Deadline. Plan.>>  That 
not later than 30 days prior to the initial obligation of funds reserved 
under this section, the Secretary shall submit to the Committees on 
Appropriations of the Senate and the House of Representatives, the 
Committee on Health, Education, Labor and Pensions of the Senate, and 
the Committee on Education and Labor of the House of Representatives a 
plan that identifies the source and amount of funds reserved under this 
section, the impact on program grantees if funds are withheld for the 
purposes of this section, and the activities to be carried out with such 
funds.

    Sec. 311.  In addition to amounts otherwise appropriated by this Act 
under the heading ``Innovation and Improvement'' for purposes authorized 
by the Elementary and Secondary Education Act of 1965, there are hereby 
appropriated an additional $200,443,000 which shall be used for the 
projects, and in the amounts, specified in the table titled ``Community 
Project Funding/Congressionally Directed Spending'' included for this 
division in the explanatory statement described in section 4 (in the 
matter preceding division A of this consolidated Act):  Provided, That 
none of the funds made available for such projects shall be subject to 
section 302 of this Act.

                      (including transfer of funds)

    Sec. 312.  Of the amounts appropriated in this Act for ``Institute 
of Education Sciences'', $19,000,000 shall be available for the 
Secretary of Education (``the Secretary'') to provide support services 
to the Institute of Education Sciences (including, but not limited to 
information technology services, lease or procurement of office space, 
human resource services, financial management services, financial 
systems support, budget formulation and execution, legal counsel, equal 
employment opportunity services, physical security, facilities 
management, acquisition and contract management, grants administration 
and policy, and enterprise risk management):  Provided, That the 
Secretary shall calculate the actual amounts obligated and expended for 
such support services by using a standard Department of Education 
methodology for allocating the cost of all such support services:  
Provided further, That the Secretary may transfer any amounts available 
for IES support services in excess of actual amounts needed for IES 
support services, as so calculated, to the ``Program Administration'' 
account from the ``Institute of Education Sciences'' account:  Provided 
further, That in order to address any shortfall between amounts 
available for IES support services and amounts needed for IES support 
services, as so calculated, the Secretary may transfer necessary amounts 
to the ``Institute of Education Sciences'' account from the ``Program 
Administration'' account:  Provided further, <<NOTE: Notifications. Time 
period.>>  That the Committees on Appropriations of the House of 
Representatives and the Senate are notified at least 14 days in advance 
of any transfer made pursuant to this section.

    Sec. 313.  <<NOTE: 20 USC 1652.>>  The Education Amendments Act of 
1972 is amended by striking section 802.

[[Page 136 STAT. 4899]]

                              (rescission)

    Sec. 314.  Of the unobligated balances available under the heading 
``Student Financial Assistance'' for carrying out subpart 1 of part A of 
title IV of the HEA, $360,000,000 are hereby rescinded.
    This title may be cited as the ``Department of Education 
Appropriations Act, 2023''.

                                TITLE IV

                            RELATED AGENCIES

  Committee for Purchase From People Who Are Blind or Severely Disabled

                          salaries and expenses

    For expenses necessary for the Committee for Purchase From People 
Who Are Blind or Severely Disabled (referred to in this title as ``the 
Committee'') established under section 8502 of title 41, United States 
Code, $13,124,000:  Provided, <<NOTE: Contracts. Nonprofits.>>  That in 
order to authorize any central nonprofit agency designated pursuant to 
section 8503(c) of title 41, United States Code, to perform requirements 
of the Committee as prescribed under section 51-3.2 of title 41, Code of 
Federal Regulations, the Committee shall enter into a written agreement 
with any such central nonprofit agency:  Provided further, That such 
agreement shall contain such auditing, oversight, and reporting 
provisions as necessary to implement chapter 85 of title 41, United 
States Code:  Provided further, That such agreement shall include the 
elements listed under the heading ``Committee For Purchase From People 
Who Are Blind or Severely Disabled--Written Agreement Elements'' in the 
explanatory statement described in section 4 of Public Law 114-113 (in 
the matter preceding division A of that consolidated Act):  Provided 
further, That any such central nonprofit agency may not charge a fee 
under section 51-3.5 of title 41, Code of Federal Regulations, prior to 
executing a written agreement with the Committee:  Provided further, 
That no less than $3,150,000 shall be available for the Office of 
Inspector General.

             Corporation for National and Community Service

                           operating expenses

    For necessary expenses for the Corporation for National and 
Community Service (referred to in this title as ``CNCS'') to carry out 
the Domestic Volunteer Service Act of 1973 (referred to in this title as 
``1973 Act'') and the National and Community Service Act of 1990 
(referred to in this title as ``1990 Act''), $975,525,000, 
notwithstanding sections 198B(b)(3), 198S(g), 501(a)(4)(C), and 
501(a)(4)(F) of the 1990 Act:  Provided, That of the amounts provided 
under this heading: (1) up to 1 percent of program grant funds may be 
used to defray the costs of conducting grant application reviews, 
including the use of outside peer reviewers and electronic management of 
the grants cycle; (2) $19,538,000 shall be available

[[Page 136 STAT. 4900]]

to provide assistance to State commissions on national and community 
service, under section 126(a) of the 1990 Act and notwithstanding 
section 501(a)(5)(B) of the 1990 Act; (3) $37,735,000 shall be available 
to carry out subtitle E of the 1990 Act; and (4) $8,558,000 shall be 
available for expenses authorized under section 501(a)(4)(F) of the 1990 
Act, which, notwithstanding the provisions of section 198P shall be 
awarded by CNCS on a competitive basis:  Provided 
further, <<NOTE: Determination.>>  That for the purposes of carrying out 
the 1990 Act, satisfying the requirements in section 122(c)(1)(D) may 
include a determination of need by the local community.

                  payment to the national service trust

                      (including transfer of funds)

    For payment to the National Service Trust established under subtitle 
D of title I of the 1990 Act, $230,000,000, to remain available until 
expended:  Provided, <<NOTE: Determination. Notice.>>  That CNCS may 
transfer additional funds from the amount provided within ``Operating 
Expenses'' allocated to grants under subtitle C of title I of the 1990 
Act to the National Service Trust upon determination that such transfer 
is necessary to support the activities of national service participants 
and after notice is transmitted to the Committees on Appropriations of 
the House of Representatives and the Senate:  Provided further, That 
amounts appropriated for or transferred to the National Service Trust 
may be invested under section 145(b) of the 1990 Act without regard to 
the requirement to apportion funds under 31 U.S.C. 1513(b).

                          salaries and expenses

    For necessary expenses of administration as provided under section 
501(a)(5) of the 1990 Act and under section 504(a) of the 1973 Act, 
including payment of salaries, authorized travel, hire of passenger 
motor vehicles, the rental of conference rooms in the District of 
Columbia, the employment of experts and consultants authorized under 5 
U.S.C. 3109, and not to exceed $2,500 for official reception and 
representation expenses, $99,686,000.

                       office of inspector general

    For necessary expenses of the Office of Inspector General in 
carrying out the Inspector General Act of 1978, $7,595,000.

                        administrative provisions

    Sec. 401.  <<NOTE: Notice. Public comment.>>  CNCS shall make any 
significant changes to program requirements, service delivery or policy 
only through public notice and comment rulemaking. For fiscal year 2023, 
during any grant selection process, an officer or employee of CNCS shall 
not knowingly disclose any covered grant selection information regarding 
such selection, directly or indirectly, to any person other than an 
officer or employee of CNCS that is authorized by CNCS to receive such 
information.

    Sec. 402.  <<NOTE: Requirements. Time period. 42 USC 12571 note.>>  
AmeriCorps programs receiving grants under the National Service Trust 
program shall meet an overall minimum share requirement of 24 percent 
for the first 3 years that they receive AmeriCorps funding, and 
thereafter shall meet the overall

[[Page 136 STAT. 4901]]

minimum share requirement as provided in section 2521.60 of title 45, 
Code of Federal Regulations, without regard to the operating costs match 
requirement in section 121(e) or the member support Federal share 
limitations in section 140 of the 1990 Act, and subject to partial 
waiver consistent with section 2521.70 of title 45, Code of Federal 
Regulations.

    Sec. 403.  <<NOTE: Donations.>>  Donations made to CNCS under 
section 196 of the 1990 Act for the purposes of financing programs and 
operations under titles I and II of the 1973 Act or subtitle B, C, D, or 
E of title I of the 1990 Act shall be used to supplement and not 
supplant current programs and operations.

    Sec. 404.  In addition to the requirements in section 146(a) of the 
1990 Act, use of an educational award for the purpose described in 
section 148(a)(4) shall be limited to individuals who are veterans as 
defined under section 101 of the Act.
    Sec. 405.  For the purpose of carrying out section 189D of the 1990 
Act--
            (1) entities described in paragraph (a) of such section 
        shall be considered ``qualified entities'' under section 3 of 
        the National Child Protection Act of 1993 (``NCPA'');
            (2) individuals described in such section shall be 
        considered ``volunteers'' under section 3 of NCPA; and
            (3) State Commissions on National and Community Service 
        established pursuant to section 178 of the 1990 Act, are 
        authorized to receive criminal history record information, 
        consistent with Public Law 92-544.

    Sec. 406.  <<NOTE: Time period.>>  Notwithstanding sections 139(b), 
146 and 147 of the 1990 Act, an individual who successfully completes a 
term of service of not less than 1,200 hours during a period of not more 
than one year may receive a national service education award having a 
value of 70 percent of the value of a national service education award 
determined under section 147(a) of the Act.

    Sec. 407.  <<NOTE: Applicability.>>  Section 148(f)(2)(A)(i) of the 
1990 Act shall be applied by substituting ``an approved national service 
position'' for ``a national service program that receives grants under 
subtitle C''.

                   Corporation for Public Broadcasting

    For payment to the Corporation for Public Broadcasting (``CPB''), as 
authorized by the Communications Act of 1934, an amount which shall be 
available within limitations specified by that Act, for the fiscal year 
2025, $535,000,000:  Provided, That none of the funds made available to 
CPB by this Act shall be used to pay for receptions, parties, or similar 
forms of entertainment for Government officials or employees:  Provided 
further, <<NOTE: Discrimination.>>  That none of the funds made 
available to CPB by this Act shall be available or used to aid or 
support any program or activity from which any person is excluded, or is 
denied benefits, or is discriminated against, on the basis of race, 
color, national origin, religion, or sex:  Provided 
further, <<NOTE: Political test.>>  That none of the funds made 
available to CPB by this Act shall be used to apply any political test 
or qualification in selecting, appointing, promoting, or taking any 
other personnel action with respect to officers, agents, and employees 
of CPB.

    In addition, for the costs associated with replacing and upgrading 
the public broadcasting interconnection system and other

[[Page 136 STAT. 4902]]

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

               Federal Mediation and Conciliation Service

                          salaries and expenses

     <<NOTE: Fees.>> For expenses necessary for the Federal Mediation 
and Conciliation Service (``Service'') to carry out the functions vested 
in it by the Labor-Management Relations Act, 1947, including hire of 
passenger motor vehicles; for expenses necessary for the Labor-
Management Cooperation Act of 1978; and for expenses necessary for the 
Service to carry out the functions vested in it by the Civil Service 
Reform Act, $53,705,000:  Provided, That notwithstanding 31 U.S.C. 3302, 
fees charged, up to full-cost recovery, for special training activities 
and other conflict resolution services and technical assistance, 
including those provided to foreign governments and international 
organizations, and for arbitration services shall be credited to and 
merged with this account, and shall remain available until expended:  
Provided further, That fees for arbitration services shall be available 
only for education, training, and professional development of the agency 
workforce:  Provided further, That the Director of the Service is 
authorized to accept and use on behalf of the United States gifts of 
services and real, personal, or other property in the aid of any 
projects or functions within the Director's jurisdiction.

            Federal Mine Safety and Health Review Commission

                          salaries and expenses

    For expenses necessary for the Federal Mine Safety and Health Review 
Commission, $18,012,000.

                Institute of Museum and Library Services

    office of museum and library services: grants and administration

    For carrying out the Museum and Library Services Act of 1996 and the 
National Museum of African American History and Culture Act, 
$294,800,000.

             Medicaid and Chip Payment and Access Commission

                          salaries and expenses

    For expenses necessary to carry out section 1900 of the Social 
Security Act, $9,405,000.

                  Medicare Payment Advisory Commission

                          salaries and expenses

    For expenses necessary to carry out section 1805 of the Social 
Security Act, $13,824,000, to be transferred to this appropriation from 
the Federal Hospital Insurance Trust Fund and the Federal Supplementary 
Medical Insurance Trust Fund.

[[Page 136 STAT. 4903]]

                     National Council on Disability

                          salaries and expenses

    For expenses necessary for the National Council on Disability as 
authorized by title IV of the Rehabilitation Act of 1973, $3,850,000.

                     National Labor Relations Board

                          salaries and expenses

    For expenses necessary for the National Labor Relations Board to 
carry out the functions vested in it by the Labor-Management Relations 
Act, 1947, and other laws, $299,224,000:  Provided, That no part of this 
appropriation shall be available to organize or assist in organizing 
agricultural laborers or used in connection with investigations, 
hearings, directives, or orders concerning bargaining units composed of 
agricultural laborers as referred to in section 2(3) of the Act of July 
5, 1935, and as amended by the Labor-Management Relations Act, 1947, and 
as defined in section 3(f) of the Act of June 25, 1938, and including in 
said definition employees engaged in the maintenance and operation of 
ditches, canals, reservoirs, and waterways when maintained or operated 
on a mutual, nonprofit basis and at least 95 percent of the water stored 
or supplied thereby is used for farming purposes.

                        administrative provision

    Sec. 408.  <<NOTE: Electronic voting.>>  None of the funds provided 
by this Act or previous Acts making appropriations for the National 
Labor Relations Board may be used to issue any new administrative 
directive or regulation that would provide employees any means of voting 
through any electronic means in an election to determine a 
representative for the purposes of collective bargaining.

                        National Mediation Board

                          salaries and expenses

    For expenses necessary to carry out the provisions of the Railway 
Labor Act, including emergency boards appointed by the President, 
$15,113,000.

            Occupational Safety and Health Review Commission

                          salaries and expenses

    For expenses necessary for the Occupational Safety and Health Review 
Commission, $15,449,000.

                        Railroad Retirement Board

                     dual benefits payments account

    For payment to the Dual Benefits Payments Account, authorized under 
section 15(d) of the Railroad Retirement Act of 1974, $9,000,000, which 
shall include amounts becoming available in fiscal year 2023 pursuant to 
section 224(c)(1)(B) of Public Law 98-76;

[[Page 136 STAT. 4904]]

and in addition, an amount, not to exceed 2 percent of the amount 
provided herein, shall be available proportional to the amount by which 
the product of recipients and the average benefit received exceeds the 
amount available for payment of vested dual benefits:  
Provided, <<NOTE: Payment schedule.>>  That the total amount provided 
herein shall be credited in 12 approximately equal amounts on the first 
day of each month in the fiscal year.

          federal payments to the railroad retirement accounts

    For payment to the accounts established in the Treasury for the 
payment of benefits under the Railroad Retirement Act for interest 
earned on unnegotiated checks, $150,000, to remain available through 
September 30, 2024, which shall be the maximum amount available for 
payment pursuant to section 417 of Public Law 98-76.

                      limitation on administration

    For necessary expenses for the Railroad Retirement Board (``Board'') 
for administration of the Railroad Retirement Act and the Railroad 
Unemployment Insurance Act, $128,000,000, to be derived in such amounts 
as determined by the Board from the railroad retirement accounts and 
from moneys credited to the railroad unemployment insurance 
administration fund:  Provided, That notwithstanding section 7(b)(9) of 
the Railroad Retirement Act this limitation may be used to hire 
attorneys only through the excepted service:  Provided further, That the 
previous proviso shall not change the status under Federal employment 
laws of any attorney hired by the Railroad Retirement Board prior to 
January 1, 2013:  Provided further, That notwithstanding section 7(b)(9) 
of the Railroad Retirement Act, this limitation may be used to hire 
students attending qualifying educational institutions or individuals 
who have recently completed qualifying educational programs using 
current excepted hiring authorities established by the Office of 
Personnel Management.

              limitation on the office of inspector general

    For expenses necessary for the Office of Inspector General for 
audit, investigatory and review activities, as authorized by the 
Inspector General Act of 1978, not more than $14,000,000, to be derived 
from the railroad retirement accounts and railroad unemployment 
insurance account.

                     Social Security Administration

                 payments to social security trust funds

    For payment to the Federal Old-Age and Survivors Insurance Trust 
Fund and the Federal Disability Insurance Trust Fund, as provided under 
sections 201(m) and 1131(b)(2) of the Social Security Act, $11,000,000.

                  supplemental security income program

    For carrying out titles XI and XVI of the Social Security Act, 
section 401 of Public Law 92-603, section 212 of Public Law 93-

[[Page 136 STAT. 4905]]

66, as amended, and section 405 of Public Law 95-216, including payment 
to the Social Security trust funds for administrative expenses incurred 
pursuant to section 201(g)(1) of the Social Security Act, 
$48,609,338,000, to remain available until expended:  Provided, That any 
portion of the funds provided to a State in the current fiscal year and 
not obligated by the State during that year shall be returned to the 
Treasury:  Provided further, That not more than $86,000,000 shall be 
available for research and demonstrations under sections 1110, 1115, and 
1144 of the Social Security Act, and remain available through September 
30, 2025.
     <<NOTE: Effective date.>> For making, after June 15 of the current 
fiscal year, benefit payments to individuals under title XVI of the 
Social Security Act, for unanticipated costs incurred for the current 
fiscal year, such sums as may be necessary.

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

                  limitation on administrative expenses

                      (including transfer of funds)

    For necessary expenses, including the hire and purchase of two 
passenger motor vehicles, and not to exceed $20,000 for official 
reception and representation expenses, not more than $13,985,978,000 may 
be expended, as authorized by section 201(g)(1) of the Social Security 
Act, from any one or all of the trust funds referred to in such section: 
 Provided, That not less than $2,700,000 shall be for the Social 
Security Advisory Board:  Provided further, That $55,000,000 shall 
remain available through September 30, 2024, for activities to address 
the disability hearings backlog within the Office of Hearings 
Operations:  Provided further, That unobligated balances of funds 
provided under this paragraph at the end of fiscal year 2023 not needed 
for fiscal year 2023 shall remain available until expended to invest in 
the Social Security Administration information technology and 
telecommunications hardware and software infrastructure, including 
related equipment and non-payroll administrative expenses associated 
solely with this information technology and telecommunications 
infrastructure:  Provided further, That <<NOTE: Notification.>> the 
Commissioner of Social Security shall notify the Committees on 
Appropriations of the House of Representatives and the Senate prior to 
making unobligated balances available under the authority in the 
previous proviso:  Provided further, <<NOTE: Reimbursement.>>  That 
reimbursement to the trust funds under this heading for expenditures for 
official time for employees of the Social Security Administration 
pursuant to 5 U.S.C. 7131, and for facilities or support services for 
labor organizations pursuant to policies, regulations, or procedures 
referred to in section 7135(b) of such title shall be made by the 
Secretary of the Treasury, with interest, from amounts in the general 
fund not otherwise appropriated, as soon as possible after such 
expenditures are made.

    Of <<NOTE: Reviews. Determination.>> the total amount made available 
in the first paragraph under this heading, not more than $1,784,000,000, 
to remain available through March 31, 2024, is for the costs associated 
with continuing disability reviews under titles II and XVI of the Social 
Security Act, including work-related continuing disability reviews to 
determine whether earnings derived from services demonstrate

[[Page 136 STAT. 4906]]

an individual's ability to engage in substantial gainful activity, for 
the cost associated with conducting redeterminations of eligibility 
under title XVI of the Social Security Act, for the cost of co-operative 
disability investigation units, and for the cost associated with the 
prosecution of fraud in the programs and operations of the Social 
Security Administration by Special Assistant United States Attorneys:  
Provided, That, of such amount, $273,000,000 is provided to meet the 
terms of a concurrent resolution on the budget in the Senate, and 
$1,511,000,000 is additional new budget authority specified for purposes 
of a concurrent resolution on the budget in the Senate and section 1(i) 
of H. Res. 1151 (117th Congress), as engrossed in the House of 
Representatives on June 8, 2022:  Provided further, That, of the 
additional new budget authority described in the preceding proviso, up 
to $15,100,000 may be transferred to the ``Office of Inspector 
General'', Social Security Administration, for the cost of jointly 
operated co-operative disability investigation units:  Provided further, 
That such transfer authority is in addition to any other transfer 
authority provided by law:  Provided further, That <<NOTE: Reports. Time 
periods.>>  the Commissioner shall provide to the Congress (at the 
conclusion of the fiscal year) a report on the obligation and 
expenditure of these funds, similar to the reports that were required by 
section 103(d)(2) of Public Law 104-121 for fiscal years 1996 through 
2002:  Provided further, That none of the funds described in this 
paragraph shall be available for transfer or reprogramming except as 
specified in this paragraph.

    In addition, $140,000,000 to be derived from administration fees in 
excess of $5.00 per supplementary payment collected pursuant to section 
1616(d) of the Social Security Act or section 212(b)(3) of Public Law 
93-66, which shall remain available until expended:  Provided, That to 
the extent that the amounts collected pursuant to such sections in 
fiscal year 2023 exceed $140,000,000, the amounts shall be available in 
fiscal year 2024 only to the extent provided in advance in 
appropriations Acts.
    In addition, up to $1,000,000 to be derived from fees collected 
pursuant to section 303(c) of the Social Security Protection Act, which 
shall remain available until expended.

                       office of inspector general

                      (including transfer of funds)

    For expenses necessary for the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, 
$32,000,000, together with not to exceed $82,665,000, to be transferred 
and expended as authorized by section 201(g)(1) of the Social Security 
Act from the Federal Old-Age and Survivors Insurance Trust Fund and the 
Federal Disability Insurance Trust Fund:  Provided, That $2,000,000 
shall remain available until expended for information technology 
modernization, including related hardware and software infrastructure 
and equipment, and for administrative expenses directly associated with 
information technology modernization.
    In addition, an amount not to exceed 3 percent of the total provided 
in this appropriation may be transferred from the ``Limitation on 
Administrative Expenses'', Social Security Administration, to be merged 
with this account, to be available for the time and purposes for which 
this account is available:  Provided, <<NOTE: Notice. Time period.>>  
That notice

[[Page 136 STAT. 4907]]

of such transfers shall be transmitted promptly to the Committees on 
Appropriations of the House of Representatives and the Senate at least 
15 days in advance of any transfer.

                                 TITLE V

                           GENERAL PROVISIONS

                           (transfer of funds)

    Sec. 501.  The Secretaries of Labor, Health and Human Services, and 
Education are authorized to transfer unexpended balances of prior 
appropriations to accounts corresponding to current appropriations 
provided in this Act. Such transferred balances shall be used for the 
same purpose, and for the same periods of time, for which they were 
originally appropriated.
    Sec. 502.  No part of any appropriation contained in this Act shall 
remain available for obligation beyond the current fiscal year unless 
expressly so provided herein.
    Sec. 503. <<NOTE: Propaganda. Lobbying.>>  (a) No part of any 
appropriation contained in this Act or transferred pursuant to section 
4002 of Public Law 111-148 shall be used, other than for normal and 
recognized executive-legislative relationships, for publicity or 
propaganda purposes, for the preparation, distribution, or use of any 
kit, pamphlet, booklet, publication, electronic communication, radio, 
television, or video presentation designed to support or defeat the 
enactment of legislation before the Congress or any State or local 
legislature or legislative body, except in presentation to the Congress 
or any State or local legislature itself, or designed to support or 
defeat any proposed or pending regulation, administrative action, or 
order issued by the executive branch of any State or local government, 
except in presentation to the executive branch of any State or local 
government itself.

    (b) No part of any appropriation contained in this Act or 
transferred pursuant to section 4002 of Public Law 111-148 shall be used 
to pay the salary or expenses of any grant or contract recipient, or 
agent acting for such recipient, related to any activity designed to 
influence the enactment of legislation, appropriations, regulation, 
administrative action, or Executive order proposed or pending before the 
Congress or any State government, State legislature or local legislature 
or legislative body, other than for normal and recognized executive-
legislative relationships or participation by an agency or officer of a 
State, local or tribal government in policymaking and administrative 
processes within the executive branch of that government.
    (c) <<NOTE: Gun control.>>  The prohibitions in subsections (a) and 
(b) shall include any activity to advocate or promote any proposed, 
pending or future Federal, State or local tax increase, or any proposed, 
pending, or future requirement or restriction on any legal consumer 
product, including its sale or marketing, including but not limited to 
the advocacy or promotion of gun control.

    Sec. 504.  The Secretaries of Labor and Education are authorized to 
make available not to exceed $28,000 and $20,000, respectively, from 
funds available for salaries and expenses under titles I and III, 
respectively, for official reception and representation expenses; the 
Director of the Federal Mediation and Conciliation Service is authorized 
to make available for official reception and

[[Page 136 STAT. 4908]]

representation expenses not to exceed $5,000 from the funds available 
for ``Federal Mediation and Conciliation Service, Salaries and 
Expenses''; and the Chairman of the National Mediation Board is 
authorized to make available for official reception and representation 
expenses not to exceed $5,000 from funds available for ``National 
Mediation Board, Salaries and Expenses''.
    Sec. 505.  When issuing statements, press releases, requests for 
proposals, bid solicitations and other documents describing projects or 
programs funded in whole or in part with Federal money, all grantees 
receiving Federal funds included in this Act, including but not limited 
to State and local governments and recipients of Federal research 
grants, shall clearly state--
            (1) the percentage of the total costs of the program or 
        project which will be financed with Federal money;
            (2) the dollar amount of Federal funds for the project or 
        program; and
            (3) percentage and dollar amount of the total costs of the 
        project or program that will be financed by non-governmental 
        sources.

    Sec. 506. <<NOTE: Abortions.>>  (a) None of the funds appropriated 
in this Act, and none of the funds in any trust fund to which funds are 
appropriated in this Act, shall be expended for any abortion.

    (b) None of the funds appropriated in this Act, and none of the 
funds in any trust fund to which funds are appropriated in this Act, 
shall be expended for health benefits coverage that includes coverage of 
abortion.
    (c) <<NOTE: Definition.>>  The term ``health benefits coverage'' 
means the package of services covered by a managed care provider or 
organization pursuant to a contract or other arrangement.

    Sec. 507. <<NOTE: Abortions.>>  (a) The limitations established in 
the preceding section shall not apply to an abortion--
            (1) if the pregnancy is the result of an act of rape or 
        incest; or
            (2) in the case where a woman suffers from a physical 
        disorder, physical injury, or physical illness, including a 
        life-endangering physical condition caused by or arising from 
        the pregnancy itself, that would, as certified by a physician, 
        place the woman in danger of death unless an abortion is 
        performed.

    (b) Nothing in the preceding section shall be construed as 
prohibiting the expenditure by a State, locality, entity, or private 
person of State, local, or private funds (other than a State's or 
locality's contribution of Medicaid matching funds).
    (c) Nothing in the preceding section shall be construed as 
restricting the ability of any managed care provider from offering 
abortion coverage or the ability of a State or locality to contract 
separately with such a provider for such coverage with State funds 
(other than a State's or locality's contribution of Medicaid matching 
funds).
    (d)(1) <<NOTE: Discrimination.>>  None of the funds made available 
in this Act may be made available to a Federal agency or program, or to 
a State or local government, if such agency, program, or government 
subjects any institutional or individual health care entity to 
discrimination on the basis that the health care entity does not 
provide, pay for, provide coverage of, or refer for abortions.

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

[[Page 136 STAT. 4909]]

a provider-sponsored organization, a health maintenance organization, a 
health insurance plan, or any other kind of health care facility, 
organization, or plan.

    Sec. 508. <<NOTE: Human embryos.>>  (a) None of the funds made 
available in this Act may be used for--
            (1) the creation of a human embryo or embryos for research 
        purposes; or
            (2) research in which a human embryo or embryos are 
        destroyed, discarded, or knowingly subjected to risk of injury 
        or death greater than that allowed for research on fetuses in 
        utero under 45 CFR 46.204(b) and section 498(b) of the Public 
        Health Service Act (42 U.S.C. 289g(b)).

    (b) <<NOTE: Definition.>>  For purposes of this section, the term 
``human embryo or embryos'' includes any organism, not protected as a 
human subject under 45 CFR 46 as of the date of the enactment of this 
Act, that is derived by fertilization, parthenogenesis, cloning, or any 
other means from one or more human gametes or human diploid cells.

    Sec. 509. <<NOTE: Drugs and drug abuse.>>  (a) None of the funds 
made available in this Act may be used for any activity that promotes 
the legalization of any drug or other substance included in schedule I 
of the schedules of controlled substances established under section 202 
of the Controlled Substances Act except for normal and recognized 
executive-congressional communications.

    (b) The limitation in subsection (a) shall not apply when there is 
significant medical evidence of a therapeutic advantage to the use of 
such drug or other substance or that federally sponsored clinical trials 
are being conducted to determine therapeutic advantage.
    Sec. 510. <<NOTE: Health and health care.>>   None of the funds made 
available in this Act may be used to promulgate or adopt any final 
standard under section 1173(b) of the Social Security Act providing for, 
or providing for the assignment of, a unique health identifier for an 
individual (except in an individual's capacity as an employer or a 
health care provider), until legislation is enacted specifically 
approving the standard.

    Sec. 511.  <<NOTE: Contracts. Reports.>>  None of the funds made 
available in this Act may be obligated or expended to enter into or 
renew a contract with an entity if--
            (1) such entity is otherwise a contractor with the United 
        States and is subject to the requirement in 38 U.S.C. 4212(d) 
        regarding submission of an annual report to the Secretary of 
        Labor concerning employment of certain veterans; and
            (2) such entity has not submitted a report as required by 
        that section for the most recent year for which such requirement 
        was applicable to such entity.

    Sec. 512.  None of the funds made available in this Act may be 
transferred to any department, agency, or instrumentality of the United 
States Government, except pursuant to a transfer made by, or transfer 
authority provided in, this Act or any other appropriation Act.
    Sec. 513.  <<NOTE: Certifications.>>  None of the funds made 
available by this Act to carry out the Library Services and Technology 
Act may be made available to any library covered by paragraph (1) of 
section 224(f) of such Act, as amended by the Children's Internet 
Protection Act, unless such library has made the certifications required 
by paragraph (4) of such section.

[[Page 136 STAT. 4910]]

    Sec. 514. <<NOTE: Consultations. Time periods. Notifications.>>  (a) 
None of the funds provided under this Act, or provided under previous 
appropriations Acts to the agencies funded by this Act that remain 
available for obligation or expenditure in fiscal year 2023, or provided 
from any accounts in the Treasury of the United States derived by the 
collection of fees available to the agencies funded by this Act, shall 
be available for obligation or expenditure through a reprogramming of 
funds that--
            (1) creates new programs;
            (2) eliminates a program, project, or activity;
            (3) increases funds or personnel by any means for any 
        project or activity for which funds have been denied or 
        restricted;
            (4) relocates an office or employees;
            (5) reorganizes or renames offices;
            (6) reorganizes programs or activities; or
            (7) contracts out or privatizes any functions or activities 
        presently performed by Federal employees;

unless the Committees on Appropriations of the House of Representatives 
and the Senate are consulted 15 days in advance of such reprogramming or 
of an announcement of intent relating to such reprogramming, whichever 
occurs earlier, and are notified in writing 10 days in advance of such 
reprogramming.
    (b) None of the funds provided under this Act, or provided under 
previous appropriations Acts to the agencies funded by this Act that 
remain available for obligation or expenditure in fiscal year 2023, or 
provided from any accounts in the Treasury of the United States derived 
by the collection of fees available to the agencies funded by this Act, 
shall be available for obligation or expenditure through a reprogramming 
of funds in excess of $500,000 or 10 percent, whichever is less, that--
            (1) augments existing programs, projects (including 
        construction projects), or activities;
            (2) reduces by 10 percent funding for any existing program, 
        project, or activity, or numbers of personnel by 10 percent as 
        approved by Congress; or
            (3) results from any general savings from a reduction in 
        personnel which would result in a change in existing programs, 
        activities, or projects as approved by Congress;

unless the Committees on Appropriations of the House of Representatives 
and the Senate are consulted 15 days in advance of such reprogramming or 
of an announcement of intent relating to such reprogramming, whichever 
occurs earlier, and are notified in writing 10 days in advance of such 
reprogramming.
    Sec. 515. <<NOTE: Political disclosure.>>  (a) None of the funds 
made available in this Act may be used to request that a candidate for 
appointment to a Federal scientific advisory committee disclose the 
political affiliation or voting history of the candidate or the position 
that the candidate holds with respect to political issues not directly 
related to and necessary for the work of the committee involved.

    (b) None of the funds made available in this Act may be used to 
disseminate information that is deliberately false or misleading.
    Sec. 516.  <<NOTE: Deadline. Operating plan.>>  Within 45 days of 
enactment of this Act, each department and related agency funded through 
this Act shall submit an operating plan that details at the program, 
project, and activity level any funding allocations for fiscal year 2023 
that are different than those specified in this Act, the explanatory 
statement described

[[Page 136 STAT. 4911]]

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

    Sec. 517.  <<NOTE: Reports. Contracts. Grants.>>  The Secretaries of 
Labor, Health and Human Services, and Education shall each prepare and 
submit to the Committees on Appropriations of the House of 
Representatives and the Senate a report on the number and amount of 
contracts, grants, and cooperative agreements exceeding $500,000, 
individually or in total for a particular project, activity, or 
programmatic initiative, in value and awarded by the Department on a 
non-competitive basis during each quarter of fiscal year 2023, but not 
to include grants awarded on a formula basis or directed by law. Such 
report shall include the name of the contractor or grantee, the amount 
of funding, the governmental purpose, including a justification for 
issuing the award on a non-competitive basis. Such report shall be 
transmitted to the Committees within 30 days after the end of the 
quarter for which the report is submitted.

    Sec. 518.  None of the funds appropriated in this Act shall be 
expended or obligated by the Commissioner of Social Security, for 
purposes of administering Social Security benefit payments under title 
II of the Social Security Act, to process any claim for credit for a 
quarter of coverage based on work performed under a social security 
account number that is not the claimant's number and the performance of 
such work under such number has formed the basis for a conviction of the 
claimant of a violation of section 208(a)(6) or (7) of the Social 
Security Act.
    Sec. 519.  <<NOTE: Mexico.>>  None of the funds appropriated by this 
Act may be used by the Commissioner of Social Security or the Social 
Security Administration to pay the compensation of employees of the 
Social Security Administration to administer Social Security benefit 
payments, under any agreement between the United States and Mexico 
establishing totalization arrangements between the social security 
system established by title II of the Social Security Act and the social 
security system of Mexico, which would not otherwise be payable but for 
such agreement.

    Sec. 520. <<NOTE: Pornography.>>  (a) None of the funds made 
available in this Act may be used to maintain or establish a computer 
network unless such network blocks the viewing, downloading, and 
exchanging of pornography.
    (b) Nothing in subsection (a) shall limit the use of funds necessary 
for any Federal, State, tribal, or local law enforcement agency or any 
other entity carrying out criminal investigations, prosecution, or 
adjudication activities.

    Sec. 521.  For purposes of carrying out Executive Order 13589, 
Office of Management and Budget Memorandum M-12-12 dated May 11, 2012, 
and requirements contained in the annual appropriations bills relating 
to conference attendance and expenditures:
            (1) the operating divisions of HHS shall be considered 
        independent agencies; and
            (2) attendance at and support for scientific conferences 
        shall be tabulated separately from and not included in agency 
        totals.

    Sec. 522.  Federal agencies funded under this Act shall clearly 
state within the text, audio, or video used for advertising or 
educational purposes, including emails or Internet postings, that the 
communication is printed, published, or produced and disseminated at 
United States taxpayer expense. The funds used by a Federal agency to 
carry out this requirement shall be derived from amounts

[[Page 136 STAT. 4912]]

made available to the agency for advertising or other communications 
regarding the programs and activities of the agency.
    Sec. 523. <<NOTE: Applicability.>>  (a) Federal agencies may use 
Federal discretionary funds that are made available in this Act to carry 
out up to 10 Performance Partnership Pilots. Such Pilots shall be 
governed by the provisions of section 526 of division H of Public Law 
113-76, except that in carrying out such Pilots section 526 shall be 
applied by substituting ``Fiscal Year 2023'' for ``Fiscal Year 2014'' in 
the title of subsection (b) and by substituting ``September 30, 2027'' 
for ``September 30, 2018'' each place it appears:  Provided, That such 
pilots shall include communities that have experienced civil unrest.

    (b) In addition, Federal agencies may use Federal discretionary 
funds that are made available in this Act to participate in Performance 
Partnership Pilots that are being carried out pursuant to the authority 
provided by section 526 of division H of Public Law 113-76, section 524 
of division G of Public Law 113-235, section 525 of division H of Public 
Law 114-113, section 525 of division H of Public Law 115-31, section 525 
of division H of Public Law 115-141, section 524 of division A of Public 
Law 116-94, section 524 of division H of Public Law 116-260, and section 
523 of division H of Public Law 117-103.
    (c) <<NOTE: Time period.>> Pilot sites selected under authorities in 
this Act and prior appropriations Acts may be granted by relevant 
agencies up to an additional 5 years to operate under such authorities.

    Sec. 524.  <<NOTE: Effective date. Reports. 31 USC 1502 note.>>  Not 
later than 30 days after the end of each calendar quarter, beginning 
with the first month of fiscal year 2023 the Departments of Labor, 
Health and Human Services and Education and the Social Security 
Administration shall provide the Committees on Appropriations of the 
House of Representatives and Senate a report on the status of balances 
of appropriations:  Provided, That for balances that are unobligated and 
uncommitted, committed, and obligated but unexpended, the monthly 
reports shall separately identify the amounts attributable to each 
source year of appropriation (beginning with fiscal year 2012, or, to 
the extent feasible, earlier fiscal years) from which balances were 
derived.

    Sec. 525.  <<NOTE: Lists. Grants. Deadline. Time period.>>  The 
Departments of Labor, Health and Human Services, and Education shall 
provide to the Committees on Appropriations of the House of 
Representatives and the Senate a comprehensive list of any new or 
competitive grant award notifications, including supplements, issued at 
the discretion of such Departments not less than 3 full business days 
before any entity selected to receive a grant award is announced by the 
Department or its offices (other than emergency response grants at any 
time of the year or for grant awards made during the last 10 business 
days of the fiscal year, or if applicable, of the program year).

    Sec. 526.  <<NOTE: Needles. Syringes. Drugs and drug abuse.>>  
Notwithstanding any other provision of this Act, no funds appropriated 
in this Act shall be used to purchase sterile needles or syringes for 
the hypodermic injection of any illegal drug:  
Provided, <<NOTE: Determination. HIV.>> That such limitation does not 
apply to the use of funds for elements of a program other than making 
such purchases if the relevant State or local health department, in 
consultation with the Centers for Disease Control and Prevention, 
determines that the State or local jurisdiction, as applicable, is 
experiencing, or is at risk for, a significant increase in hepatitis 
infections or an HIV outbreak due to injection drug use, and such 
program is operating in accordance with State and local law.

[[Page 136 STAT. 4913]]

    Sec. 527.  <<NOTE: Deadline.>>  Each department and related agency 
funded through this Act shall provide answers to questions submitted for 
the record by members of the Committee within 45 business days after 
receipt.

    Sec. 528.  Of amounts deposited in the Child Enrollment Contingency 
Fund under section 2104(n)(2) of the Social Security Act and the income 
derived from investment of those funds pursuant to section 2104(n)(2)(C) 
of that Act, $14,628,000,000 shall not be available for obligation in 
this fiscal year.
    Sec. 529. <<NOTE: Applicability. Contracts.>>  (a) This section 
applies to: (1) the Administration for Children and Families in the 
Department of Health and Human Services; and (2) the Chief Evaluation 
Office and the statistical-related cooperative and interagency 
agreements and contracting activities of the Bureau of Labor Statistics 
in the Department of Labor.

    (b) <<NOTE: Time period. Reimbursement.>>  Amounts made available 
under this Act which are either appropriated, allocated, advanced on a 
reimbursable basis, or transferred to the functions and organizations 
identified in subsection (a) for research, evaluation, or statistical 
purposes shall be available for obligation through September 30, 2027:  
Provided, That when an office referenced in subsection (a) receives 
research and evaluation funding from multiple appropriations, such 
offices may use a single Treasury account for such activities, with 
funding advanced on a reimbursable basis.

    (c) Amounts referenced in subsection (b) that are unexpended at the 
time of completion of a contract, grant, or cooperative agreement may be 
deobligated and shall immediately become available and may be 
reobligated in that fiscal year or the subsequent fiscal year for the 
research, evaluation, or statistical purposes for which such amounts are 
available.
    This division may be cited as the ``Departments of Labor, Health and 
Human Services, and Education, and Related Agencies Appropriations Act, 
2023''.

      DIVISION I-- <<NOTE: Legislative Branch Appropriations Act, 
2023.>> LEGISLATIVE BRANCH APPROPRIATIONS ACT, 2023

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

                           LEGISLATIVE BRANCH

                                 SENATE

                           Expense Allowances

    For expense allowances of the Vice President, $20,000; the President 
Pro Tempore of the Senate, $40,000; Majority Leader of the Senate, 
$40,000; Minority Leader of the Senate, $40,000; Majority Whip of the 
Senate, $10,000; Minority Whip of the Senate, $10,000; President Pro 
Tempore Emeritus, $15,000; Chairmen of the Majority and Minority 
Conference Committees, $5,000 for each Chairman; and Chairmen of the 
Majority and Minority Policy Committees, $5,000 for each Chairman; in 
all, $195,000.
    For representation allowances of the Majority and Minority Leaders 
of the Senate, $15,000 for each such Leader; in all, $30,000.

[[Page 136 STAT. 4914]]

                    Salaries, Officers and Employees

    For compensation of officers, employees, and others as authorized by 
law, including agency contributions, $258,677,000, which shall be paid 
from this appropriation as follows:

                      office of the vice president

    For the Office of the Vice President, $2,907,000.

                   office of the president pro tempore

    For the Office of the President Pro Tempore, $832,000.

              office of the president pro tempore emeritus

    For the Office of the President Pro Tempore Emeritus, $359,000.

              offices of the majority and minority leaders

    For Offices of the Majority and Minority Leaders, $6,196,000.

               offices of the majority and minority whips

    For Offices of the Majority and Minority Whips, $3,876,000.

                       committee on appropriations

    For salaries of the Committee on Appropriations, $17,900,000.

                          conference committees

    For the Conference of the Majority and the Conference of the 
Minority, at rates of compensation to be fixed by the Chairman of each 
such committee, $1,891,000 for each such committee; in all, $3,782,000.

  offices of the secretaries of the conference of the majority and the 
                       conference of the minority

    For Offices of the Secretaries of the Conference of the Majority and 
the Conference of the Minority, $940,000.

                            policy committees

    For salaries of the Majority Policy Committee and the Minority 
Policy Committee, $1,931,000 for each such committee; in all, 
$3,862,000.

                         office of the chaplain

    For Office of the Chaplain, $598,000.

                         office of the secretary

    For Office of the Secretary, $29,282,000.

[[Page 136 STAT. 4915]]

              office of the sergeant at arms and doorkeeper

    For Office of the Sergeant at Arms and Doorkeeper, $108,929,000.

        offices of the secretaries for the majority and minority

    For Offices of the Secretary for the Majority and the Secretary for 
the Minority, $2,126,000.

                agency contributions and related expenses

    For agency contributions for employee benefits, as authorized by 
law, and related expenses, $77,088,000.

             Office of the Legislative Counsel of the Senate

    For salaries and expenses of the Office of the Legislative Counsel 
of the Senate, $8,150,000.

                     Office of Senate Legal Counsel

    For salaries and expenses of the Office of Senate Legal Counsel, 
$1,350,000.

Expense Allowances of the Secretary of the Senate, Sergeant at Arms and 
Doorkeeper of the Senate, and Secretaries for the Majority and Minority 
                              of the Senate

    For expense allowances of the Secretary of the Senate, $7,500; 
Sergeant at Arms and Doorkeeper of the Senate, $7,500; Secretary for the 
Majority of the Senate, $7,500; Secretary for the Minority of the 
Senate, $7,500; in all, $30,000.

                    Contingent Expenses of the Senate

                      inquiries and investigations

    For expenses of inquiries and investigations ordered by the Senate, 
or conducted under paragraph 1 of rule XXVI of the Standing Rules of the 
Senate, section 112 of the Supplemental Appropriations and Rescission 
Act, 1980 (Public Law 96-304), and Senate Resolution 281, 96th Congress, 
agreed to March 11, 1980, $145,615,000, of which $14,561,500 shall 
remain available until September 30, 2025.

          u.s. senate caucus on international narcotics control

    For expenses of the United States Senate Caucus on International 
Narcotics Control, $552,000.

                         secretary of the senate

    For expenses of the Office of the Secretary of the Senate, 
$17,515,000, of which $13,254,193 shall remain available until September 
30, 2027, and of which $4,260,807 shall remain available until expended.

[[Page 136 STAT. 4916]]

              sergeant at arms and doorkeeper of the senate

    For expenses of the Office of the Sergeant at Arms and Doorkeeper of 
the Senate, $171,844,000, of which $160,144,000 shall remain available 
until September 30, 2027:  Provided, That of the amount provided under 
this heading, $5,000,000 shall be for Senate hearing room audiovisual 
equipment, to remain available until expended:  Provided further, That 
of the amount provided under this heading, $2,500,000 shall be for a 
residential security system program, to remain available until expended.

                    sergeant at arms fellowships fund

    For expenses authorized by the Sergeant at Arms Fellowships Fund 
established in section 102 of this Act, $6,277,000, to remain available 
until expended.

                           miscellaneous items

    For miscellaneous items, $27,814,000 which shall remain available 
until September 30, 2025.

         senators' official personnel and office expense account

    For Senators' Official Personnel and Office Expense Account, 
$512,000,000, of which $20,128,950 shall remain available until 
September 30, 2025, and of which $7,000,000 shall be allocated solely 
for the purpose of providing financial compensation to Senate interns.

                           official mail costs

    For expenses necessary for official mail costs of the Senate, 
$300,000.

                        Administrative Provisions

 requiring amounts remaining in senators' official personnel and office 
   expense account to be used for deficit reduction or to reduce the 
                              federal debt

    Sec. 101.  Notwithstanding any other provision of law, any amounts 
appropriated under this Act under the heading ``SENATE'' under the 
heading ``Contingent Expenses of the Senate'' under the heading 
``senators' official personnel and office expense account'' shall be 
available for obligation only during the fiscal year or fiscal years for 
which such amounts are made available. Any unexpended balances under 
such allowances remaining after the end of the period of availability 
shall be returned to the Treasury in accordance with the undesignated 
paragraph under the center heading ``GENERAL PROVISION'' under chapter 
XI of the Third Supplemental Appropriation Act, 1957 (2 U.S.C. 4107) and 
used for deficit reduction (or, if there is no Federal budget deficit 
after all such payments have been made, for reducing the Federal debt, 
in such manner as the Secretary of the Treasury considers appropriate).

[[Page 136 STAT. 4917]]

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

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

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

    (d) Oversight.--The Sergeant at Arms shall provide to the 
appropriate committees of the Senate--
            (1) <<NOTE: Plan.>> a plan regarding the administration of 
        the Fund by the Sergeant at Arms prior to obligation of any 
        funds, to be updated and resubmitted following any changes to 
        the plan; and
            (2) <<NOTE: Reports.>> annual reports regarding the costs of 
        the Fellowships Programs paid from the Fund.

    (e) Authorization of Appropriations.--There are authorized to be 
appropriated to the Fund for fiscal year 2023, and each fiscal year 
thereafter, such sums as are necessary for the compensation of fellows 
under the Fellowships Programs during the fiscal year and for the 
administration of the Fellowships Programs.
    (f) Exclusion for Purposes of Staffing Limits on the Office of the 
Sergeant at Arms.--The payment of compensation to any individual serving 
in a fellowship under the Fellowships Programs by the Sergeant at Arms 
shall not be included for purposes of any limitation on staffing levels 
of the Office of the Sergeant at Arms.

        senate democratic leadership offices funding authorities

    Sec. 103. (a) Section 104 of division I of the Consolidated 
Appropriations Act, 2021 (2 U.S.C. 6154 note) is amended--
            (1) by striking ``Office of the Assistant Leader'' each 
        place it appears and inserting ``office of the designated 
        officer'';

[[Page 136 STAT. 4918]]

            (2) in subsection (a)--
                    (A) in paragraph (2), by striking ``means the 117th 
                Congress; and'' and inserting ``means the 118th 
                Congress;'';
                    (B) in paragraph (3), by striking ``and ending on 
                January 3, 2023.'' and inserting ``and ending on January 
                7, 2025; and''; and
                    (C) by adding at the end the following:
            ``(4) <<NOTE: Definition.>>  the term `designated officer of 
        the applicable conference' means the member of the leadership of 
        the applicable conference to whom the duties and authorities of 
        the Secretary of the applicable conference are assigned under 
        subsection (b).'';
            (3) in subsection (b), in the matter preceding paragraph 
        (1), by striking ``January 3, 2021, assign to the Assistant 
        Leader of the applicable conference'' and inserting ``January 3, 
        2023, at the direction of the Chair of the applicable 
        conference, assign to a member of the leadership of the 
        applicable conference''; and
            (4) in subsection (c)(3), by striking ``Assistant Leader'' 
        and inserting ``designated officer''.

    (b) <<NOTE: 2 USC 6154 note.>> The amendments made by subsection (a) 
shall take effect on January 3, 2023.

                        HOUSE OF REPRESENTATIVES

                          Salaries and Expenses

    For salaries and expenses of the House of Representatives, 
$1,847,571,000, as follows:

                        House Leadership Offices

    For salaries and expenses, as authorized by law, $36,560,000, 
including: Office of the Speaker, $10,499,000, including $35,000 for 
official expenses of the Speaker; Office of the Majority Floor Leader, 
$3,730,000, including $15,000 for official expenses of the Majority 
Leader; Office of the Minority Floor Leader, $10,499,000, including 
$17,500 for official expenses of the Minority Leader; Office of the 
Majority Whip, including the Chief Deputy Majority Whip, $3,099,000, 
including $5,000 for official expenses of the Majority Whip; Office of 
the Minority Whip, including the Chief Deputy Minority Whip, $2,809,000, 
including $5,000 for official expenses of the Minority Whip; Republican 
Conference, $2,962,000; Democratic Caucus, $2,962,000:  
Provided <<NOTE: Time period.>> , That such amount for salaries and 
expenses shall remain available from January 3, 2023 until January 2, 
2024.

                  Members' Representational Allowances

    including members' clerk hire, official expenses of members, and 
                              official mail

    For Members' representational allowances, including Members' clerk 
hire, official expenses, and official mail, $810,000,000.

         Allowance for Compensation of Interns in Member Offices

    For the allowance established under section 120 of the Legislative 
Branch Appropriations Act, 2019 (2 U.S.C. 5322a) for the

[[Page 136 STAT. 4919]]

compensation of interns who serve in the offices of Members of the House 
of Representatives, $20,638,800, to remain available through January 2, 
2024:  Provided, That notwithstanding section 120(b) of such Act, an 
office of a Member of the House of Representatives may use not more than 
$46,800 of the allowance available under this heading during legislative 
year 2023.

    Allowance for Compensation of Interns in House Leadership Offices

    For the allowance established under section 113 of the Legislative 
Branch Appropriations Act, 2020 (2 U.S.C. 5106) for the compensation of 
interns who serve in House leadership offices, $586,000, to remain 
available through January 2, 2024:  Provided, That of the amount 
provided under this heading, $322,300 shall be available for the 
compensation of interns who serve in House leadership offices of the 
majority, to be allocated among such offices by the Speaker of the House 
of Representatives, and $263,700 shall be available for the compensation 
of interns who serve in House leadership offices of the minority, to be 
allocated among such offices by the Minority Floor Leader.

  Allowance for Compensation of Interns in House Standing, Special and 
                        Select Committee Offices

    For the allowance established under section 113(a)(1) of the 
Legislative Branch Appropriations Act, 2022 (Public Law 117-103) for the 
compensation of interns who serve in offices of standing, special, and 
select committees (other than the Committee on Appropriations), 
$2,600,000, to remain available through January 2, 2024:  Provided, That 
of the amount provided under this heading, $1,300,000 shall be available 
for the compensation of interns who serve in offices of the majority, 
and $1,300,000 shall be available for the compensation of interns who 
serve in offices of the minority, to be allocated among such offices by 
the Chair, in consultation with the ranking minority member, of the 
Committee on House Administration.

Allowance for Compensation of Interns in House Appropriations Committee 
                                 Offices

    For the allowance established under section 113(a)(2) of the 
Legislative Branch Appropriations Act, 2022 (Public Law 117-103) for the 
compensation of interns who serve in offices of the Committee on 
Appropriations, $463,000:  Provided, That of the amount provided under 
this heading, $231,500 shall be available for the compensation of 
interns who serve in offices of the majority, and $231,500 shall be 
available for the compensation of interns who serve in offices of the 
minority, to be allocated among such offices by the Chair, in 
consultation with the ranking minority member, of the Committee on 
Appropriations.

                           Committee Employees

                 Standing Committees, Special and Select

    For salaries and expenses of standing committees, special and 
select, authorized by House resolutions, $180,587,000:  Provided,

[[Page 136 STAT. 4920]]

That such amount shall remain available for such salaries and expenses 
until December 31, 2024, except that $5,800,000 of such amount shall 
remain available until expended for committee room upgrading.

                       Committee on Appropriations

    For salaries and expenses of the Committee on Appropriations, 
$31,294,000, including studies and examinations of executive agencies 
and temporary personal services for such committee, to be expended in 
accordance with section 202(b) of the Legislative Reorganization Act of 
1946 and to be available for reimbursement to agencies for services 
performed:  Provided, That such amount shall remain available for such 
salaries and expenses until December 31, 2024.

                    Salaries, Officers and Employees

    For compensation and expenses of officers and employees, as 
authorized by law, $324,057,000, including: for salaries and expenses of 
the Office of the Clerk, including the positions of the Chaplain and the 
Historian, and including not more than $25,000 for official 
representation and reception expenses, of which not more than $20,000 is 
for the Family Room and not more than $2,000 is for the Office of the 
Chaplain, $40,827,000, of which $9,000,000 shall remain available until 
expended; for salaries and expenses of the Office of the Sergeant at 
Arms, including the position of Superintendent of Garages and the Office 
of Emergency Management, and including not more than $3,000 for official 
representation and reception expenses, $38,793,000, of which $22,232,000 
shall remain available until expended; for salaries and expenses of the 
Office of the Chief Administrative Officer including not more than 
$3,000 for official representation and reception expenses, $211,572,000, 
of which $25,977,000 shall remain available until expended; for salaries 
and expenses of the Office of Diversity and Inclusion, $3,500,000, of 
which $1,000,000 shall remain available until expended; for salaries and 
expenses of the Office of the Whistleblower Ombuds, $1,250,000; for 
salaries and expenses of the Office of the Inspector General, 
$5,138,000; for salaries and expenses of the Office of General Counsel, 
$1,912,000; for salaries and expenses of the Office of the 
Parliamentarian, including the Parliamentarian, $2,000 for preparing the 
Digest of Rules, and not more than $1,000 for official representation 
and reception expenses, $2,184,000; for salaries and expenses of the 
Office of the Law Revision Counsel of the House, $3,746,000; for 
salaries and expenses of the Office of the Legislative Counsel of the 
House, $13,457,000, of which $2,000,000 shall remain available until 
expended; for salaries and expenses of the Office of Interparliamentary 
Affairs, $934,000; for other authorized employees, $744,000:  Provided, 
That of the amount made available until expended under this heading to 
the Office of the Sergeant at Arms, $4,700,000 shall be for activities 
associated with securing the permanent residences of Members of the 
House of Representatives in the congressional districts the Members 
represent and securing the temporary residences of Members in the 
District of Columbia, and may not be transferred or merged under 
sections 101(b) or 101(c)(2) of the Legislative Branch Appropriations 
Act, 1993 (2 U.S.C. 5507(b) and (c)(2)):  Provided 
further, <<NOTE: Definition.>>  That as used in the preceding proviso,

[[Page 136 STAT. 4921]]

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

                         Allowances and Expenses

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

       House of Representatives Modernization Initiatives Account

    For the House of Representatives Modernization Initiatives Account 
established under section 115 of the Legislative Branch Appropriations 
Act, 2021 (2 U.S.C. 5513), $10,000,000, to remain available until 
expended:  Provided, <<NOTE: Approval.>>  That disbursement from this 
account is subject to approval of the Committee on Appropriations of the 
House of Representatives:  Provided further, That funds provided in this 
account shall only be used for initiatives recommended by the Select 
Committee on Modernization or approved by the Committee on House 
Administration.

                        Administrative Provisions

 requiring amounts remaining in members' representational allowances to 
       be used for deficit reduction or to reduce the federal debt

    Sec. 110. (a) Notwithstanding any other provision of law, any 
amounts appropriated under this Act for ``HOUSE OF REPRESENTATIVES--
Salaries and Expenses--members' representational allowances'' shall be 
available only for fiscal year 2023. Any amount remaining after all 
payments are made under such allowances for fiscal year 2023 shall be 
deposited in the Treasury and used for deficit reduction (or, if there 
is no Federal budget deficit after all such payments have been made, for 
reducing the Federal debt, in such manner as the Secretary of the 
Treasury considers appropriate).
    (b) <<NOTE: Regulations.>> The Committee on House Administration of 
the House of Representatives shall have authority to prescribe 
regulations to carry out this section.

    (c) <<NOTE: Definition.>> As used in this section, the term ``Member 
of the House of Representatives'' means a Representative in, or a 
Delegate or Resident Commissioner to, the Congress.

[[Page 136 STAT. 4922]]

            limitation on amount available to lease vehicles

    Sec. 111.  None of the funds made available in this Act may be used 
by the Chief Administrative Officer of the House of Representatives to 
make any payments from any Members' Representational Allowance for the 
leasing of a vehicle, excluding mobile district offices, in an aggregate 
amount that exceeds $1,000 for the vehicle in any month.

          cybersecurity assistance for house of representatives

    Sec. 112.  The head of any Federal entity that provides assistance 
to the House of Representatives in the House's efforts to deter, 
prevent, mitigate, or remediate cybersecurity risks to, and incidents 
involving, the information systems of the House shall take all necessary 
steps to ensure the constitutional integrity of the separate branches of 
the government at all stages of providing the assistance, including 
applying minimization procedures to limit the spread or sharing of 
privileged House and Member information.

                      house intern resource office

    Sec. 113. <<NOTE: 2 USC 5549.>>  (a) Establishment; Coordinator.--
            (1) Establishment; coordinator.--There is established in the 
        Office of the Chief Administrative Officer of the House of 
        Representatives the House Intern Resource Office (hereinafter 
        referred to as the ``Office'').
            (2) Appointment.--The Office shall be headed by the House 
        Intern Resource Coordinator (hereinafter referred to as the 
        ``Coordinator''), who shall be employed by the Chief 
        Administrative Officer in consultation with the chair and 
        ranking minority member of the Committee on House 
        Administration.

    (b) Duties.--In consultation with the Office of Diversity and 
Inclusion and such other offices as the Coordinator considers 
appropriate, the Office shall--
            (1) provide support services, such as accommodations, 
        training, and professional development, to interns of offices of 
        the House of Representatives;
            (2) serve as a center for resources and best practices for 
        the recruitment, hiring, training, and use of interns by offices 
        of the House of Representatives; and
            (3) gather demographic and other data about interns of 
        offices of the House of Representatives.

    (c) Addressing Inequities in Access to Internships.--In carrying out 
its duties, the Office shall consider inequities in access to 
internships in offices of the House of Representatives, and shall 
consider the viability of establishing an intern stipend program for 
interns from underrepresented backgrounds, including those who attend 
Historically Black Colleges and Universities (HBCUs), Tribal Colleges 
and Universities, Hispanic-Serving Institutions (HSIs), and other 
Minority Serving Institutions described in section 371(a) of the Higher 
Education Act of 1965 (20 U.S.C. 1067q(a)).
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated for fiscal year 2023 and each succeeding fiscal year such 
sums as may be necessary to carry out this section.
    (e) Effective Date.--This section shall apply with respect to fiscal 
year 2023 and each succeeding fiscal year.

[[Page 136 STAT. 4923]]

 educational assistance and professional development for house employees

    Sec. 114. (a) Expansion of Student Loan Repayment Program to Cover 
Educational Assistance and Professional Development.--Section 105(a) of 
the Legislative Branch Appropriations Act, 2003 (2 U.S.C. 4536(a)) is 
amended to read as follows:
    ``(a) Program to Cover Student Loan Repayment, Educational 
Assistance, and Professional Development for House Employees.--
            ``(1) <<NOTE: Reimbursement.>> Establishment.--The Chief 
        Administrative Officer shall establish a program under which an 
        employing office of the House of Representatives may agree--
                    ``(A) to repay (by direct payment on behalf of the 
                employee) any student loan previously taken out by an 
                employee of the office;
                    ``(B) to make direct payments on behalf of an 
                employee of the office or to reimburse an employee of 
                the office for expenses paid by the employee for the 
                employee's educational and professional development; and
                    ``(C) to make direct payments on behalf of an 
                employee of the office or to reimburse an employee of 
                the office for credentialing, professional 
                accreditation, professional licensure, and professional 
                certification expenses paid by the employee.
            ``(2) Exclusion of members.--For purposes of this section, a 
        Member of the House of Representatives (including a Delegate or 
        Resident Commissioner to the Congress) shall not be considered 
        to be an employee of the House of Representatives.''.

    (b) <<NOTE: 2 USC 4536 note.>> Effective Date.--The amendment made 
by subsection (a) shall apply with respect to payments made during 
fiscal year 2023 or any succeeding fiscal year.

                      house services revolving fund

    Sec. 115. (a) Inclusion of Funds Received From Operation of Dry 
Cleaning and Laundry Service.--Section 105(a) of the Legislative Branch 
Appropriations Act, 2005 (2 U.S.C. 5545(a)) is amended by adding at the 
end the following new paragraphs:
            ``(8) The operation of the House Dry Cleaning and Laundry 
        Service.
            ``(9) Other activities related to the operation of services 
        offered by the House of Representatives, as approved by the 
        Committee on Appropriations of the House of Representatives.''.

    (b) Use of Amounts Subject to Notification Provided to Committee on 
Appropriations.--Section 105(b) of such Act (2 U.S.C. 5545(b)) is 
amended by striking ``which is approved by'' and inserting ``upon 
notification provided by the Chief Administrative Officer to''.
    (c) <<NOTE: Applicability. 2 USC 5545 note.>>  Effective Date.--The 
amendments made by this section shall apply with respect to fiscal year 
2023 and each succeeding fiscal year.

   clarification of use of child care center revolving fund to staff 
                    training classes and conferences

    Sec. 116. (a) Use of Fund.--Section 312(d)(3)(B) of the Legislative 
Branch Appropriations Act, 1992 (2 U.S.C. 2062(d)(3)(B)) is

[[Page 136 STAT. 4924]]

amended by striking ``The reimbursement of individuals employed by the 
center for the cost of training classes and conferences'' and inserting 
``The cost of training classes and conferences for individuals employed 
by the center''.
    (b) <<NOTE: Applicability. 2 USC 2062 note.>> Effective Date.--The 
amendment made by subsection (a) shall apply with respect to fiscal year 
2023 and each succeeding fiscal year.

  availability of authority of executive agencies to use appropriated 
           amounts for child care to house of representatives

    Sec. 117. (a) Availability of Authority.--Section 590(g) of title 
40, United States Code, is amended by adding at the end the following 
new paragraph:
            ``(6) Application to house of representatives.--This 
        subsection shall apply with respect to the House of 
        Representatives in the same manner as it applies to an Executive 
        agency, except that--
                    ``(A) <<NOTE: Regulations.>> the authority granted 
                to the Office of Personnel Management shall be exercised 
                with respect to the House of Representatives by the 
                Speaker of the House of Representatives in accordance 
                with regulations promulgated by the Committee on House 
                Administration; and
                    ``(B) amounts may be made available to implement 
                this subsection with respect to the House of 
                Representatives without advance notice to the Committee 
                on Appropriations of the Senate.''.

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

                               JOINT ITEMS

    For Joint Committees, as follows:

                        Joint Economic Committee

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

                       Joint Committee on Taxation

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

                    Office of the Attending Physician

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

[[Page 136 STAT. 4925]]

            (3) an allowance of $900 per month each to three medical 
        officers while on duty in the Office of the Attending Physician;
            (4) an allowance of $900 per month to 2 assistants and $900 
        per month each not to exceed 11 assistants on the basis 
        heretofore provided for such assistants; and
            (5) $2,880,000 for reimbursement to the Department of the 
        Navy for expenses incurred for staff and equipment assigned to 
        the Office of the Attending Physician, which shall be advanced 
        and credited to the applicable appropriation or appropriations 
        from which such salaries, allowances, and other expenses are 
        payable and shall be available for all the purposes thereof, 
        $4,181,000, to be disbursed by the Chief Administrative Officer 
        of the House of Representatives.

             Office of Congressional Accessibility Services

                          Salaries and Expenses

    For salaries and expenses of the Office of Congressional 
Accessibility Services, $1,702,000, to be disbursed by the Secretary of 
the Senate.

                             CAPITOL POLICE

                                Salaries

     <<NOTE: Notifications.>> For salaries of employees of the Capitol 
Police, including overtime, hazardous duty pay, and Government 
contributions for health, retirement, social security, professional 
liability insurance, and other applicable employee benefits, 
$541,730,000 of which overtime shall not exceed $64,912,000 unless the 
Committees on Appropriations of the House and Senate are notified, to be 
disbursed by the Chief of the Capitol Police or a duly authorized 
designee:  Provided, That of the total amount appropriated, $16,000,000 
shall be available for retention bonuses:  Provided further, That of the 
total amount appropriated, $3,450,000 is for agreed upon protection 
activities for Members of Congress and shall be available until 
September 30, 2024, with notification to the Committees on 
Appropriations prior to the obligation of funds.

                            General Expenses

     <<NOTE: Certification.>> For necessary expenses of the Capitol 
Police, including motor vehicles, communications and other equipment, 
security equipment and installation, uniforms, weapons, supplies, 
materials, training, medical services, forensic services, stenographic 
services, personal and professional services, the employee assistance 
program, the awards program, postage, communication services, travel 
advances, relocation of instructor and liaison personnel for the Federal 
Law Enforcement Training Centers, and not more than $5,000 to be 
expended on the certification of the Chief of the Capitol Police in 
connection with official representation and reception expenses, 
$192,846,000, to be disbursed by the Chief of the Capitol Police or a 
duly authorized designee, of which $6,028,000 shall be for agreed upon 
protection activities for Members of Congress and shall be available 
until September 30, 2025:  Provided, <<NOTE: Approval.>>  That amounts 
made available for the Enhanced Member Protection Program may be 
obligated and expended only upon approval of the Committees

[[Page 136 STAT. 4926]]

on Appropriations:  Provided further, That, notwithstanding any other 
provision of law, the cost of basic training for the Capitol Police at 
the Federal Law Enforcement Training Centers for fiscal year 2023 shall 
be paid by the Secretary of Homeland Security from funds available to 
the Department of Homeland Security.

                        Administrative Provisions

                       volunteer chaplain services

    Sec. 120. <<NOTE: 2 USC 1912.>>  (a) The Chief of the Capitol Police 
shall have authority to accept unpaid religious chaplain services, 
whereby volunteers from multiple faiths, authorized by their respective 
religious endorsing agency or organization, may advise, administer, and 
perform spiritual care and religious guidance for Capitol Police 
employees.

    (b) Chaplains shall not be required to perform any rite, ritual, or 
ceremony, and employees shall not be required to receive such rite, 
ritual, or ceremony, if doing so would compromise the conscience, moral 
principles, or religious beliefs of such chaplain or employees or the 
chaplain's endorsing agency or organization.
    (c) <<NOTE: Applicability.>> Effective Date.--This section shall 
apply with respect to fiscal year 2023 and each succeeding fiscal year.

    Sec. 121.  <<NOTE: Threat assessments. Protective details. Time 
period. Determinations. 2 USC 1966a.>>  Notwithstanding any other 
provision of law (except section 1341 of title 31, United States Code), 
hereafter, the United States Capitol Police shall perform a threat 
assessment for former Speakers of the House of Representatives, and if 
warranted, any such former Speaker shall receive a United States Capitol 
Police protective detail for a period of not more than one year 
beginning on the date they leave such office, except that such former 
Speaker shall have the option to decline such protective detail at any 
time:  Provided, That at the conclusion of the one year period, the 
United States Capitol Police shall perform a threat assessment to 
determine whether extension of the protective detail is warranted:  
Provided further, That, <<NOTE: Extension authority.>> the protective 
detail may be extended beyond the initial one year period, with the 
concurrence of the relevant former Speaker, if the United States Capitol 
Police determines that information or conditions, including but not 
limited to violent threats, warrant such protection:  Provided 
further, <<NOTE: Memorandums.>>  That the United States Capitol Police 
is authorized to enter into Memoranda of Understanding with relevant 
state and local law enforcement agencies, as needed, to carry out this 
section.

                OFFICE OF CONGRESSIONAL WORKPLACE RIGHTS

                          Salaries and Expenses

     <<NOTE: Certification.>> For salaries and expenses necessary for 
the operation of the Office of Congressional Workplace Rights, 
$8,000,000, of which $2,500,000 shall remain available until September 
30, 2024, and of which not more than $1,000 may be expended on the 
certification of the Executive Director in connection with official 
representation and reception expenses.

[[Page 136 STAT. 4927]]

                       CONGRESSIONAL BUDGET OFFICE

                          Salaries and Expenses

     <<NOTE: Certification.>> For salaries and expenses necessary for 
operation of the Congressional Budget Office, including not more than 
$6,000 to be expended on the certification of the Director of the 
Congressional Budget Office in connection with official representation 
and reception expenses, $63,237,000:  Provided, That the Director shall 
use not less than $500,000 of the amount made available under this 
heading for (1) improving technical systems, processes, and models for 
the purpose of improving the transparency of estimates of budgetary 
effects to Members of Congress, employees of Members of Congress, and 
the public, and (2) to increase the availability of models, economic 
assumptions, and data for Members of Congress, employees of Members of 
Congress, and the public.

                        ARCHITECT OF THE CAPITOL

                   Capital Construction and Operations

    For salaries for the Architect of the Capitol, and other personal 
services, at rates of pay provided by law; for all necessary expenses 
for surveys and studies, construction, operation, and general and 
administrative support in connection with facilities and activities 
under the care of the Architect of the Capitol including the Botanic 
Garden; electrical substations of the Capitol, Senate and House office 
buildings, and other facilities under the jurisdiction of the Architect 
of the Capitol; including furnishings and office equipment; including 
not more than $5,000 for official reception and representation expenses, 
to be expended as the Architect of the Capitol may approve; for purchase 
or exchange, maintenance, and operation of a passenger motor vehicle, 
$145,843,000:  Provided, That none of the funds appropriated or made 
available under this heading in this Act or any other Act, including 
previous Acts, may be used for a home-to-work vehicle for the Architect 
or a duly authorized designee.

                            Capitol Building

    For all necessary expenses for the maintenance, care and operation 
of the Capitol, $80,589,000, of which $6,099,000 shall remain available 
until September 30, 2027, and of which $42,785,000 shall remain 
available until expended.

                             Capitol Grounds

    For all necessary expenses for care and improvement of grounds 
surrounding the Capitol, the Senate and House office buildings, and the 
Capitol Power Plant, $16,365,000, of which $2,000,000 shall remain 
available until September 30, 2027.

                         Senate Office Buildings

    For all necessary expenses for the maintenance, care and operation 
of Senate office buildings; and furniture and furnishings to be expended 
under the control and supervision of the Architect of the Capitol, 
$184,596,000, of which $66,000,000 shall remain

[[Page 136 STAT. 4928]]

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

                         House Office Buildings

                      (including transfer of funds)

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

                           Capitol Power Plant

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

                      Library Buildings and Grounds

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

             Capitol Police Buildings, Grounds and Security

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

[[Page 136 STAT. 4929]]

available for the Capitol Complex Security Program may be obligated and 
expended only upon approval of the Committees on Appropriations.

                             Botanic Garden

    For all necessary expenses for the maintenance, care and operation 
of the Botanic Garden and the nurseries, buildings, grounds, and 
collections; and purchase and exchange, maintenance, repair, and 
operation of a passenger motor vehicle; all under the direction of the 
Joint Committee on the Library, $23,560,000, of which $8,200,000 shall 
remain available until September 30, 2027:  Provided, That, of the 
amount made available under this heading, the Architect of the Capitol 
may obligate and expend such sums as may be necessary for the 
maintenance, care and operation of the National Garden established under 
section 307E of the Legislative Branch Appropriations Act, 1989 (2 
U.S.C. 2146), upon vouchers approved by the Architect of the Capitol or 
a duly authorized designee.

                         Capitol Visitor Center

    For all necessary expenses for the operation of the Capitol Visitor 
Center, $27,692,000.

                        Administrative Provisions

        no bonuses for contractors behind schedule or over budget

    Sec. 130.  <<NOTE: Determination.>> None of the funds made available 
in this Act for the Architect of the Capitol may be used to make 
incentive or award payments to contractors for work on contracts or 
programs for which the contractor is behind schedule or over budget, 
unless the Architect of the Capitol, or agency-employed designee, 
determines that any such deviations are due to unforeseeable events, 
government-driven scope changes, or are not significant within the 
overall scope of the project and/or program.

            reauthorization of fallen heroes flag act of 2016

    Sec. 131.  Section 5 of the Fallen Heroes Flag Act of 2016 (2 U.S.C. 
1881c) is amended by striking ``through 2022'' and inserting ``through 
2028''.

                           LIBRARY OF CONGRESS

                          Salaries and Expenses

    For all necessary expenses of the Library of Congress not otherwise 
provided for, including development and maintenance of the Library's 
catalogs; custody and custodial care of the Library buildings; 
information technology services provided centrally; special clothing; 
cleaning, laundering and repair of uniforms; preservation of motion 
pictures in the custody of the Library; operation and maintenance of the 
American Folklife Center in the Library; preparation and distribution of 
catalog records and other publications of the Library; hire or purchase 
of one passenger motor vehicle; and expenses of the Library of Congress 
Trust Fund Board

[[Page 136 STAT. 4930]]

not properly chargeable to the income of any trust fund held by the 
Board, $582,529,000, and, in addition, amounts credited to this 
appropriation during fiscal year 2023 under the Act of June 28, 1902 
(chapter 1301; 32 Stat. 480; 2 U.S.C. 150), shall remain available until 
expended:  Provided, That the Library of Congress may not obligate or 
expend any funds derived from collections under the Act of June 28, 
1902, in excess of the amount authorized for obligation or expenditure 
in appropriations Acts:  Provided further, 
That <<NOTE: Certification.>>  of the total amount appropriated, not 
more than $18,000 may be expended, on the certification of the Librarian 
of Congress, in connection with official representation and reception 
expenses, including for the Overseas Field Offices:  Provided further, 
That of the total amount appropriated, $12,245,000 shall remain 
available until expended for the Teaching with Primary Sources program:  
Provided further, That of the total amount appropriated, $1,459,000 
shall remain available until expended for upgrade of the Legislative 
Branch Financial Management System:  Provided further, That of the total 
amount appropriated, $250,000 shall remain available until expended for 
the Surplus Books Program to promote the program and facilitate a 
greater number of donations to eligible entities across the United 
States:  Provided further, That of the total amount appropriated, 
$3,976,000 shall remain available until expended for the Veterans 
History Project to continue digitization efforts of already collected 
materials, reach a greater number of veterans to record their stories, 
and promote public access to the Project:  Provided further, That of the 
total amount appropriated, $1,500,000 shall remain available until 
expended for the COVID-19 American History Project.

                            Copyright Office

                          salaries and expenses

    For all necessary expenses of the Copyright Office, $100,674,000, of 
which not more than $39,702,000, to remain available until expended, 
shall be derived from collections credited to this appropriation during 
fiscal year 2023 under sections 708(d) and 1316 of title 17, United 
States Code:  Provided, That the Copyright Office may not obligate or 
expend any funds derived from collections under such section in excess 
of the amount authorized for obligation or expenditure in appropriations 
Acts:  Provided further, That not more than $7,210,000 shall be derived 
from collections during fiscal year 2023 under sections 111(d)(2), 
119(b)(3), 803(e), and 1005 of such title:  Provided 
further, <<NOTE: Reduction.>>  That the total amount available for 
obligation shall be reduced by the amount by which collections are less 
than $46,912,000:  Provided further, That of the funds provided under 
this heading, not less than $17,100,000 is for modernization 
initiatives, of which $10,000,000 shall remain available until September 
30, 2024:  Provided further, That not more than $100,000 of the amount 
appropriated is available for the maintenance of an ``International 
Copyright Institute'' in the Copyright Office of the Library of Congress 
for the purpose of training nationals of developing countries in 
intellectual property laws and policies:  Provided 
further, <<NOTE: Certification.>> That not more than $6,500 may be 
expended, on the certification of the Librarian of Congress, in 
connection with official representation and reception expenses

[[Page 136 STAT. 4931]]

for activities of the International Copyright Institute and for 
copyright delegations, visitors, and seminars:  Provided further, That, 
notwithstanding any provision of chapter 8 of title 17, United States 
Code, any amounts made available under this heading which are 
attributable to royalty fees and payments received by the Copyright 
Office pursuant to sections 111, 119, and chapter 10 of such title may 
be used for the costs incurred in the administration of the Copyright 
Royalty Judges program, with the exception of the costs of salaries and 
benefits for the Copyright Royalty Judges and staff under section 
802(e).

                     Congressional Research Service

                          salaries and expenses

    For all necessary expenses to carry out the provisions of section 
203 of the Legislative Reorganization Act of 1946 (2 U.S.C. 166) and to 
revise and extend the Annotated Constitution of the United States of 
America, $133,600,000:  Provided, <<NOTE: Advance approvals.>>  That no 
part of such amount may be used to pay any salary or expense in 
connection with any publication, or preparation of material therefor 
(except the Digest of Public General Bills), to be issued by the Library 
of Congress unless such publication has obtained prior approval of 
either the Committee on House Administration of the House of 
Representatives or the Committee on Rules and Administration of the 
Senate:  Provided further, That this prohibition does not apply to 
publication of non-confidential Congressional Research Service (CRS) 
products:  Provided further, That a non-confidential CRS product 
includes any written product containing research or analysis that is 
currently available for general congressional access on the CRS 
Congressional Intranet, or that would be made available on the CRS 
Congressional Intranet in the normal course of business and does not 
include material prepared in response to Congressional requests for 
confidential analysis or research.

        National Library Service for the Blind and Print Disabled

                          salaries and expenses

    For all necessary expenses to carry out the Act of March 3, 1931 
(chapter 400; 46 Stat. 1487; 2 U.S.C. 135a), $58,657,000:  Provided, 
That of the total amount appropriated, $650,000 shall be available to 
contract to provide newspapers to blind and print disabled residents at 
no cost to the individual.

                        Administrative Provisions

               reimbursable and revolving fund activities

    Sec. 140. (a) In General.--For fiscal year 2023, the obligational 
authority of the Library of Congress for the activities described in 
subsection (b) may not exceed $308,554,000.
    (b) Activities.--The activities referred to in subsection (a) are 
reimbursable and revolving fund activities that are funded from sources 
other than appropriations to the Library in appropriations Acts for the 
Legislative Branch.

[[Page 136 STAT. 4932]]

  use of appropriated funds to cover salaries of certain personnel of 
                little scholars child development center

    Sec. 141. (a) Use of Funds.--Section 210 of the Legislative Branch 
Appropriations Act, 2001 (2 U.S.C. 162b) is amended--
            (1) in subsection (f)(1), by striking ``pay to the Library 
        of Congress'' and inserting ``except as provided in subsection 
        (g), pay to the Library of Congress'';
            (2) by redesignating subsection (g) as subsection (h); and
            (3) by inserting after subsection (f) the following new 
        subsection:

    ``(g) Reimbursement for Certain Compensation.--Notwithstanding 
paragraph (1) of subsection (f), in the case of expenses described in 
such paragraph which are attributable to the compensation of the 
Executive Director and Deputy Executive Director of the Center, the 
Librarian of Congress may reimburse the Center for such expenses from 
amounts appropriated or otherwise made available for salaries and 
expenses of the Library of Congress.''.
    (b) <<NOTE: Applicability. 2 USC 162b note.>> Effective Date.--The 
amendment made by this section shall apply with respect to fiscal year 
2023 and each succeeding fiscal year.

                      GOVERNMENT PUBLISHING OFFICE

                        Congressional Publishing

                      (including transfer of funds)

    For authorized publishing of congressional information and the 
distribution of congressional information in any format; publishing of 
Government publications authorized by law to be distributed to Members 
of Congress; and publishing, and distribution of Government publications 
authorized by law to be distributed without charge to the recipient, 
$82,992,000:  Provided, That this appropriation shall not be available 
for paper copies of the permanent edition of the Congressional Record 
for individual Representatives, Resident Commissioners or Delegates 
authorized under section 906 of title 44, United States Code:  Provided 
further, That this appropriation shall be available for the payment of 
obligations incurred under the appropriations for similar purposes for 
preceding fiscal years:  Provided further, <<NOTE: Time periods.>>  That 
notwithstanding the 2-year limitation under section 718 of title 44, 
United States Code, none of the funds appropriated or made available 
under this Act or any other Act for printing and binding and related 
services provided to Congress under chapter 7 of title 44, United States 
Code, may be expended to print a document, report, or publication after 
the 27-month period beginning on the date that such document, report, or 
publication is authorized by Congress to be printed, unless Congress 
reauthorizes such printing in accordance with section 718 of title 44, 
United States Code:  Provided further, <<NOTE: Deadline. Time 
periods. Approval.>> That unobligated or unexpended balances of expired 
discretionary funds made available under this heading in this Act for 
this fiscal year may be transferred to, and merged with, funds under the 
heading ``Government Publishing Office Business Operations Revolving 
Fund'' no later than the end of the fifth fiscal year after the last 
fiscal year for which such funds are available for the purposes for 
which appropriated, to be available for carrying out the purposes of 
this

[[Page 136 STAT. 4933]]

heading, subject to the approval of the Committees on Appropriations of 
the House of Representatives and the Senate:  Provided further, That 
notwithstanding sections 901, 902, and 906 of title 44, United States 
Code, this appropriation may be used to prepare indexes to the 
Congressional Record on only a monthly and session basis.

     Public Information Programs of the Superintendent of Documents

                          salaries and expenses

                      (including transfer of funds)

    For expenses of the public information programs of the Office of 
Superintendent of Documents necessary to provide for the cataloging and 
indexing of Government publications in any format, and their 
distribution to the public, Members of Congress, other Government 
agencies, and designated depository and international exchange libraries 
as authorized by law, $35,257,000:  Provided, That amounts of not more 
than $2,000,000 from current year appropriations are authorized for 
producing and disseminating Congressional serial sets and other related 
publications for the preceding two fiscal years to depository and other 
designated libraries:  Provided further, <<NOTE: Deadline. Time 
periods. Approval.>>  That unobligated or unexpended balances of expired 
discretionary funds made available under this heading in this Act for 
this fiscal year may be transferred to, and merged with, funds under the 
heading ``Government Publishing Office Business Operations Revolving 
Fund'' no later than the end of the fifth fiscal year after the last 
fiscal year for which such funds are available for the purposes for 
which appropriated, to be available for carrying out the purposes of 
this heading, subject to the approval of the Committees on 
Appropriations of the House of Representatives and the Senate.

     Government Publishing Office Business Operations Revolving Fund

    For payment to the Government Publishing Office Business Operations 
Revolving Fund, $11,605,000, to remain available until expended, for 
information technology development and facilities repair:  
Provided, <<NOTE: Contracts.>>  That the Government Publishing Office is 
hereby authorized to make such expenditures, within the limits of funds 
available and in accordance with law, and to make such contracts and 
commitments without regard to fiscal year limitations as provided by 
section 9104 of title 31, United States Code, as may be necessary in 
carrying out the programs and purposes set forth in the budget for the 
current fiscal year for the Government Publishing Office Business 
Operations Revolving Fund:  Provided further, That 
not <<NOTE: Certification.>> more than $7,500 may be expended on the 
certification of the Director of the Government Publishing Office in 
connection with official representation and reception expenses:  
Provided further, That the Business Operations Revolving Fund shall be 
available for the hire or purchase of not more than 12 passenger motor 
vehicles:  Provided further, That expenditures in connection with travel 
expenses of the advisory councils to the Director of the Government 
Publishing Office shall be deemed necessary to carry out the provisions 
of title 44, United States Code:  Provided

[[Page 136 STAT. 4934]]

further, That the Business Operations Revolving Fund shall be available 
for temporary or intermittent services under section 3109(b) of title 5, 
United States Code, but at rates for individuals not more than the daily 
equivalent of the annual rate of basic pay for level V of the Executive 
Schedule under section 5316 of such title:  Provided further, That 
activities financed through the Business Operations Revolving Fund may 
provide information in any format:  Provided further, That the Business 
Operations Revolving Fund and the funds provided under the heading 
``Public Information Programs of the Superintendent of Documents'' may 
not be used for contracted security services at Government Publishing 
Office's passport facility in the District of Columbia.

                    GOVERNMENT ACCOUNTABILITY OFFICE

                          Salaries and Expenses

     <<NOTE: Certification.>> For necessary expenses of the Government 
Accountability Office, including not more than $12,500 to be expended on 
the certification of the Comptroller General of the United States in 
connection with official representation and reception expenses; 
temporary or intermittent services under section 3109(b) of title 5, 
United States Code, but at rates for individuals not more than the daily 
equivalent of the annual rate of basic pay for level IV of the Executive 
Schedule under section 5315 of such title; hire of one passenger motor 
vehicle; advance payments in foreign countries in accordance with 
section 3324 of title 31, United States Code; benefits comparable to 
those payable under sections 901(5), (6), and (8) of the Foreign Service 
Act of 1980 (22 U.S.C. 4081(5), (6), and (8)); and under regulations 
prescribed by the Comptroller General of the United States, rental of 
living quarters in foreign countries, $790,319,000, of which $5,000,000 
shall remain available until expended:  Provided, That, in addition, 
$55,865,000 of payments received under sections 782, 791, 3521, and 9105 
of title 31, United States Code, shall be available without fiscal year 
limitation:  Provided further, That <<NOTE: Determination.>>  amounts 
provided under this heading and appropriations for administrative 
expenses of any other department or agency which is a member of the 
National Intergovernmental Audit Forum or a Regional Intergovernmental 
Audit Forum shall be available to finance an appropriate share of either 
Forum's costs as determined by the respective Forum, including necessary 
travel expenses of non-Federal participants:  Provided 
further, <<NOTE: Reimbursements.>>  That payments hereunder to the Forum 
may be credited as reimbursements to any appropriation from which costs 
involved are initially financed.

         CONGRESSIONAL OFFICE FOR INTERNATIONAL LEADERSHIP FUND

    For a payment to the Congressional Office for International 
Leadership Fund for financing activities of the Congressional Office for 
International Leadership under section 313 of the Legislative Branch 
Appropriations Act, 2001 (2 U.S.C. 1151), $6,000,000:  Provided, 
That <<NOTE: Russia.>>  funds made available to support Russian 
participants shall only be used for those engaging in free market 
development, humanitarian activities, and civic engagement, and shall 
not be used for officials of the central government of Russia.

[[Page 136 STAT. 4935]]

   JOHN C. STENNIS CENTER FOR PUBLIC SERVICE TRAINING AND DEVELOPMENT

    For payment to the John C. Stennis Center for Public Service 
Development Trust Fund established under section 116 of the John C. 
Stennis Center for Public Service Training and Development Act (2 U.S.C. 
1105), $430,000.

                                TITLE II

                           GENERAL PROVISIONS

                maintenance and care of private vehicles

    Sec. 201.  No part of the funds appropriated in this Act shall be 
used for the maintenance or care of private vehicles, except for 
emergency assistance and cleaning as may be provided under regulations 
relating to parking facilities for the House of Representatives issued 
by the Committee on House Administration and for the Senate issued by 
the Committee on Rules and Administration.

                         fiscal year limitation

    Sec. 202.  No part of the funds appropriated in this Act shall 
remain available for obligation beyond fiscal year 2023 unless expressly 
so provided in this Act.

                  rates of compensation and designation

    Sec. 203.  Whenever in this Act any office or position not 
specifically established by the Legislative Pay Act of 1929 (46 Stat. 32 
et seq.) is appropriated for or the rate of compensation or designation 
of any office or position appropriated for is different from that 
specifically established by such Act, the rate of compensation and the 
designation in this Act shall be the permanent law with respect thereto: 
 Provided, That the provisions in this Act for the various items of 
official expenses of Members, officers, and committees of the Senate and 
House of Representatives, and clerk hire for Senators and Members of the 
House of Representatives shall be the permanent law with respect 
thereto.

                           consulting services

    Sec. 204.  <<NOTE: Contracts. Public information.>>  The expenditure 
of any appropriation under this Act for any consulting service through 
procurement contract, under section 3109 of title 5, United States Code, 
shall be limited to those contracts where such expenditures are a matter 
of public record and available for public inspection, except where 
otherwise provided under existing law, or under existing Executive order 
issued under existing law.

         costs of legislative branch financial managers council

    Sec. 205.  <<NOTE: Determination.>>  Amounts available for 
administrative expenses of any legislative branch entity which 
participates in the Legislative Branch Financial Managers Council 
(LBFMC) established by charter on March 26, 1996, shall be available to 
finance an appropriate share of LBFMC costs as determined by the LBFMC, 
except that the total LBFMC costs to be shared among all participating

[[Page 136 STAT. 4936]]

legislative branch entities (in such allocations among the entities as 
the entities may determine) may not exceed $2,000.

                         limitation on transfers

    Sec. 206.  None of the funds made available in this Act may be 
transferred to any department, agency, or instrumentality of the United 
States Government, except pursuant to a transfer made by, or transfer 
authority provided in, this Act or any other appropriation Act.

                       guided tours of the capitol

    Sec. 207. (a) Except as provided in subsection (b), none of the 
funds made available to the Architect of the Capitol in this Act may be 
used to eliminate or restrict guided tours of the United States Capitol 
which are led by employees and interns of offices of Members of Congress 
and other offices of the House of Representatives and Senate, unless 
through regulations as authorized by section 402(b)(8) of the Capitol 
Visitor Center Act of 2008 (2 U.S.C. 2242(b)(8)).
    (b) <<NOTE: Approval.>> At the direction of the Capitol Police 
Board, or at the direction of the Architect of the Capitol with the 
approval of the Capitol Police Board, guided tours of the United States 
Capitol which are led by employees and interns described in subsection 
(a) may be suspended temporarily or otherwise subject to restriction for 
security or related reasons to the same extent as guided tours of the 
United States Capitol which are led by the Architect of the Capitol.

         limitation on telecommunications equipment procurement

    Sec. 208. <<NOTE: Huawei Technologies Company. ZTE 
Corporation. Reviews.>>  (a) None of the funds appropriated or otherwise 
made available under this Act may be used to acquire telecommunications 
equipment produced by Huawei Technologies Company or ZTE Corporation for 
a high or moderate impact information system, as defined for security 
categorization in the National Institute of Standards and Technology's 
(NIST) Federal Information Processing Standard Publication 199, 
``Standards for Security Categorization of Federal Information and 
Information Systems'' unless the agency, office, or other entity 
acquiring the equipment or system has--
            (1) reviewed the supply chain risk for the information 
        systems against criteria developed by NIST to inform acquisition 
        decisions for high or moderate impact information systems within 
        the Federal Government;
            (2) reviewed the supply chain risk from the presumptive 
        awardee against available and relevant threat information 
        provided by the Federal Bureau of Investigation and other 
        appropriate agencies; and
            (3) <<NOTE: Assessment. Cyber threats. Country listing.>>  
        in consultation with the Federal Bureau of Investigation or 
        other appropriate Federal entity, conducted an assessment of any 
        risk of cyber-espionage or sabotage associated with the 
        acquisition of such telecommunications equipment for inclusion 
        in a high or moderate impact system, including any risk 
        associated with such system being produced, manufactured, or 
        assembled by one or more entities identified by the United 
        States Government as posing a cyber threat, including but not 
        limited to, those that may be owned, directed, or subsidized by 
        the

[[Page 136 STAT. 4937]]

        People's Republic of China, the Islamic Republic of Iran, the 
        Democratic People's Republic of Korea, or the Russian 
        Federation.

    (b) None of the funds appropriated or otherwise made available under 
this Act may be used to acquire a high or moderate impact information 
system reviewed and assessed under subsection (a) unless the head of the 
assessing entity described in subsection (a) has--
            (1) <<NOTE: Mitigation strategy.>>  developed, in 
        consultation with NIST and supply chain risk management experts, 
        a mitigation strategy for any identified risks;
            (2) <<NOTE: Determination.>>  determined, in consultation 
        with NIST and the Federal Bureau of Investigation, that the 
        acquisition of such telecommunications equipment for inclusion 
        in a high or moderate impact system is in the vital national 
        security interest of the United States; and
            (3) <<NOTE: Reports.>>  reported that determination to the 
        Committees on Appropriations of the House of Representatives and 
        the Senate in a manner that identifies the telecommunications 
        equipment for inclusion in a high or moderate impact system 
        intended for acquisition and a detailed description of the 
        mitigation strategies identified in paragraph (1), provided that 
        such report may include a classified annex as necessary.

               prohibition on certain operational expenses

    Sec. 209. <<NOTE: Pornography.>> (a) None of the funds made 
available in this Act may be used to maintain or establish a computer 
network unless such network blocks the viewing, downloading, and 
exchanging of pornography.

    (b) Nothing in subsection (a) shall limit the use of funds necessary 
for any Federal, State, tribal, or local law enforcement agency or any 
other entity carrying out criminal investigations, prosecution, or 
adjudication activities or other official government activities.

                         plastic waste reduction

    Sec. 210.  <<NOTE: Contracts. Coordination.>>  All agencies and 
offices funded by this Act that contract with a food service provider or 
providers shall confer and coordinate with such food service provider or 
providers, in consultation with disability advocacy groups, to eliminate 
or reduce plastic waste, including waste from plastic straws, explore 
the use of biodegradable items, and increase recycling and composting 
opportunities.

                    capitol complex health and safety

    Sec. 211.  In addition to the amounts appropriated under this Act 
under the heading ``Office of the Attending Physician'', there is hereby 
appropriated to the Office of the Attending Physician $5,000,000, to 
remain available until expended, for response to COVID-19, including 
testing, subject to the same terms and conditions as the amounts 
appropriated under such heading.
    This division may be cited as the ``Legislative Branch 
Appropriations Act, 2023''.

[[Page 136 STAT. 4938]]

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

TITLE I <<NOTE: Notifications.>> 

                          DEPARTMENT OF DEFENSE

                       Military Construction, Army

    For acquisition, construction, installation, and equipment of 
temporary or permanent public works, military installations, facilities, 
and real property for the Army as currently authorized by law, including 
personnel in the Army Corps of Engineers and other personal services 
necessary for the purposes of this appropriation, and for construction 
and operation of facilities in support of the functions of the Commander 
in Chief, $1,553,825,000, to remain available until September 30, 2027:  
Provided, <<NOTE: Determination.>>  That, of this amount, not to exceed 
$275,651,000 shall be available for study, planning, design, architect 
and engineer services, and host nation support, as authorized by law, 
unless the Secretary of the Army determines that additional obligations 
are necessary for such purposes and notifies the Committees on 
Appropriations of both Houses of Congress of the determination and the 
reasons therefor:  Provided further, That of the amount made available 
under this heading, $658,260,000 shall be for the projects and 
activities, and in the amounts, specified in the table under the heading 
``Military Construction, Army'' in the explanatory statement described 
in section 4 (in the matter preceding division A of this consolidated 
Act), in addition to amounts otherwise available for such purposes.

              Military Construction, Navy and Marine Corps

    For acquisition, construction, installation, and equipment of 
temporary or permanent public works, naval installations, facilities, 
and real property for the Navy and Marine Corps as currently authorized 
by law, including personnel in the Naval Facilities Engineering Command 
and other personal services necessary for the purposes of this 
appropriation, $4,345,320,000, to remain available until September 30, 
2027:  Provided, <<NOTE: Determination.>> That, of this amount, not to 
exceed $515,473,000 shall be available for study, planning, design, and 
architect and engineer services, as authorized by law, unless the 
Secretary of the Navy determines that additional obligations are 
necessary for such purposes and notifies the Committees on 
Appropriations of both Houses of Congress of the determination and the 
reasons therefor:  Provided further, That of the amount made available 
under this heading, $492,929,000 shall be for the projects and 
activities, and in the amounts, specified in the table under the heading 
``Military Construction, Navy and Marine Corps'' in the explanatory 
statement described in section 4 (in the matter preceding division A of 
this consolidated Act), in addition to amounts otherwise available for 
such purposes.

                    Military Construction, Air Force

    For acquisition, construction, installation, and equipment of 
temporary or permanent public works, military installations, facilities, 
and real property for the Air Force as currently authorized

[[Page 136 STAT. 4939]]

by law, $2,614,996,000, to remain available until September 30, 2027:  
Provided, <<NOTE: Determination.>>  That, of this amount, not to exceed 
$251,634,000 shall be available for study, planning, design, and 
architect and engineer services, as authorized by law, unless the 
Secretary of the Air Force determines that additional obligations are 
necessary for such purposes and notifies the Committees on 
Appropriations of both Houses of Congress of the determination and the 
reasons therefor:  Provided further, That of the amount made available 
under this heading, $509,540,000 shall be for the projects and 
activities, and in the amounts, specified in the table under the heading 
``Military Construction, Air Force'' in the explanatory statement 
described in section 4 (in the matter preceding division A of this 
consolidated Act), in addition to amounts otherwise available for such 
purposes.

                   Military Construction, Defense-Wide

                      (including transfer of funds)

    For acquisition, construction, installation, and equipment of 
temporary or permanent public works, installations, facilities, and real 
property for activities and agencies of the Department of Defense (other 
than the military departments), as currently authorized by law, 
$2,626,078,000, to remain available until September 30, 2027:  Provided, 
That such amounts of this appropriation as may be determined by the 
Secretary of Defense may be transferred to such appropriations of the 
Department of Defense available for military construction or family 
housing as the Secretary may designate, to be merged with and to be 
available for the same purposes, and for the same time period, as the 
appropriation or fund to which transferred:  Provided 
further, <<NOTE: Determination.>>  That, of the amount, not to exceed 
$506,927,000 shall be available for study, planning, design, and 
architect and engineer services, as authorized by law, unless the 
Secretary of Defense determines that additional obligations are 
necessary for such purposes and notifies the Committees on 
Appropriations of both Houses of Congress of the determination and the 
reasons therefor:  Provided further, That of the amount made available 
under this heading, $109,680,000 shall be for the projects and 
activities, and in the amounts, specified in the table under the heading 
``Military Construction, Defense-Wide'' in the explanatory statement 
described in section 4 (in the matter preceding division A of this 
consolidated Act), in addition to amounts otherwise available for such 
purposes.

               Military Construction, Army National Guard

    For construction, acquisition, expansion, rehabilitation, and 
conversion of facilities for the training and administration of the Army 
National Guard, and contributions therefor, as authorized by chapter 
1803 of title 10, United States Code, and Military Construction 
Authorization Acts, $459,018,000, to remain available until September 
30, 2027:  Provided, <<NOTE: Determination.>>  That, of the amount, not 
to exceed $83,435,000 shall be available for study, planning, design, 
and architect and engineer services, as authorized by law, unless the 
Director of the Army National Guard determines that additional 
obligations are necessary for such purposes and notifies the Committees 
on Appropriations of both Houses of Congress of the determination and 
the reasons therefor:  Provided further, That of the amount

[[Page 136 STAT. 4940]]

made available under this heading, $151,540,000 shall be for the 
projects and activities, and in the amounts, specified in the table 
under the heading ``Military Construction, Army National Guard'' in the 
explanatory statement described in section 4 (in the matter preceding 
division A of this consolidated Act), in addition to amounts otherwise 
available for such purposes.

                Military Construction, Air National Guard

    For construction, acquisition, expansion, rehabilitation, and 
conversion of facilities for the training and administration of the Air 
National Guard, and contributions therefor, as authorized by chapter 
1803 of title 10, United States Code, and Military Construction 
Authorization Acts, $279,353,000, to remain available until September 
30, 2027:  Provided, <<NOTE: Determination.>>  That, of the amount, not 
to exceed $56,982,000 shall be available for study, planning, design, 
and architect and engineer services, as authorized by law, unless the 
Director of the Air National Guard determines that additional 
obligations are necessary for such purposes and notifies the Committees 
on Appropriations of both Houses of Congress of the determination and 
the reasons therefor:  Provided further, That of the amount made 
available under this heading, $112,970,000 shall be for the projects and 
activities, and in the amounts, specified in the table under the heading 
``Military Construction, Air National Guard'' in the explanatory 
statement described in section 4 (in the matter preceding division A of 
this consolidated Act), in addition to amounts otherwise available for 
such purposes.

                   Military Construction, Army Reserve

    For construction, acquisition, expansion, rehabilitation, and 
conversion of facilities for the training and administration of the Army 
Reserve as authorized by chapter 1803 of title 10, United States Code, 
and Military Construction Authorization Acts, $193,878,000, to remain 
available until September 30, 2027:  Provided, 
That, <<NOTE: Determination.>> of the amount, not to exceed $24,829,000 
shall be available for study, planning, design, and architect and 
engineer services, as authorized by law, unless the Chief of the Army 
Reserve determines that additional obligations are necessary for such 
purposes and notifies the Committees on Appropriations of both Houses of 
Congress of the determination and the reasons therefor:  Provided 
further, That of the amount made available under this heading, 
$74,000,000 shall be for the projects and activities, and in the 
amounts, specified in the table under the heading ``Military 
Construction, Army Reserve'' in the explanatory statement described in 
section 4 (in the matter preceding division A of this consolidated Act), 
in addition to amounts otherwise available for such purposes.

                   Military Construction, Navy Reserve

    For construction, acquisition, expansion, rehabilitation, and 
conversion of facilities for the training and administration of the 
reserve components of the Navy and Marine Corps as authorized by chapter 
1803 of title 10, United States Code, and Military Construction 
Authorization Acts, $36,837,000, to remain available until September 30, 
2027:  Provided, <<NOTE: Determination.>>  That, of the amount, not to 
exceed $9,090,000 shall be available for study, planning, design,

[[Page 136 STAT. 4941]]

and architect and engineer services, as authorized by law, unless the 
Secretary of the Navy determines that additional obligations are 
necessary for such purposes and notifies the Committees on 
Appropriations of both Houses of Congress of the determination and the 
reasons therefor.

                Military Construction, Air Force Reserve

    For construction, acquisition, expansion, rehabilitation, and 
conversion of facilities for the training and administration of the Air 
Force Reserve as authorized by chapter 1803 of title 10, United States 
Code, and Military Construction Authorization Acts, $85,423,000, to 
remain available until September 30, 2027:  Provided, 
That, <<NOTE: Determination.>> of the amount, not to exceed $27,573,000 
shall be available for study, planning, design, and architect and 
engineer services, as authorized by law, unless the Chief of the Air 
Force Reserve determines that additional obligations are necessary for 
such purposes and notifies the Committees on Appropriations of both 
Houses of Congress of the determination and the reasons therefor:  
Provided further, That of the amount made available under this heading, 
$35,800,000 shall be for the projects and activities, and in the 
amounts, specified in the table under the heading ``Military 
Construction, Air Force Reserve'' in the explanatory statement described 
in section 4 (in the matter preceding division A of this consolidated 
Act), in addition to amounts otherwise available for such purposes.

                   North Atlantic Treaty Organization

                       Security Investment Program

    For the United States share of the cost of the North Atlantic Treaty 
Organization Security Investment Program for the acquisition and 
construction of military facilities and installations (including 
international military headquarters) and for related expenses for the 
collective defense of the North Atlantic Treaty Area as authorized by 
section 2806 of title 10, United States Code, and Military Construction 
Authorization Acts, $220,139,000, to remain available until expended.

               Department of Defense Base Closure Account

    For deposit into the Department of Defense Base Closure Account, 
established by section 2906(a) of the Defense Base Closure and 
Realignment Act of 1990 (10 U.S.C. 2687 note), $574,687,000, to remain 
available until expended.

                    Family Housing Construction, Army

    For expenses of family housing for the Army for construction, 
including acquisition, replacement, addition, expansion, extension, and 
alteration, as authorized by law, $169,339,000, to remain available 
until September 30, 2027.

[[Page 136 STAT. 4942]]

             Family Housing Operation and Maintenance, Army

    For expenses of family housing for the Army for operation and 
maintenance, including debt payment, leasing, minor construction, 
principal and interest charges, and insurance premiums, as authorized by 
law, $446,411,000.

           Family Housing Construction, Navy and Marine Corps

    For expenses of family housing for the Navy and Marine Corps for 
construction, including acquisition, replacement, addition, expansion, 
extension, and alteration, as authorized by law, $337,297,000, to remain 
available until September 30, 2027.

     Family Housing Operation and Maintenance, Navy and Marine Corps

    For expenses of family housing for the Navy and Marine Corps for 
operation and maintenance, including debt payment, leasing, minor 
construction, principal and interest charges, and insurance premiums, as 
authorized by law, $378,224,000.

                 Family Housing Construction, Air Force

    For expenses of family housing for the Air Force for construction, 
including acquisition, replacement, addition, expansion, extension, and 
alteration, as authorized by law, $232,788,000, to remain available 
until September 30, 2027.

           Family Housing Operation and Maintenance, Air Force

    For expenses of family housing for the Air Force for operation and 
maintenance, including debt payment, leasing, minor construction, 
principal and interest charges, and insurance premiums, as authorized by 
law, $365,222,000.

         Family Housing Operation and Maintenance, Defense-Wide

    For expenses of family housing for the activities and agencies of 
the Department of Defense (other than the military departments) for 
operation and maintenance, leasing, and minor construction, as 
authorized by law, $50,113,000.

                          Department of Defense

                     Family Housing Improvement Fund

    For the Department of Defense Family Housing Improvement Fund, 
$6,442,000, to remain available until expended, for family housing 
initiatives undertaken pursuant to section 2883 of title 10, United 
States Code, providing alternative means of acquiring and improving 
military family housing and supporting facilities.

                          Department of Defense

             Military Unaccompanied Housing Improvement Fund

    For the Department of Defense Military Unaccompanied Housing 
Improvement Fund, $494,000, to remain available until

[[Page 136 STAT. 4943]]

expended, for unaccompanied housing initiatives undertaken pursuant to 
section 2883 of title 10, United States Code, providing alternative 
means of acquiring and improving military unaccompanied housing and 
supporting facilities.

                        Administrative Provisions

    Sec. 101. <<NOTE: Contracts. Approval.>>   None of the funds made 
available in this title shall be expended for payments under a cost-
plus-a-fixed-fee contract for construction, where cost estimates exceed 
$25,000, to be performed within the United States, except Alaska, 
without the specific approval in writing of the Secretary of Defense 
setting forth the reasons therefor.

    Sec. 102.  Funds made available in this title for construction shall 
be available for hire of passenger motor vehicles.
    Sec. 103.  <<NOTE: Certification.>>  Funds made available in this 
title for construction may be used for advances to the Federal Highway 
Administration, Department of Transportation, for the construction of 
access roads as authorized by section 210 of title 23, United States 
Code, when projects authorized therein are certified as important to the 
national defense by the Secretary of Defense.

    Sec. 104.  None of the funds made available in this title may be 
used to begin construction of new bases in the United States for which 
specific appropriations have not been made.
    Sec. 105.  <<NOTE: Determinations.>>  None of the funds made 
available in this title shall be used for purchase of land or land 
easements in excess of 100 percent of the value as determined by the 
Army Corps of Engineers or the Naval Facilities Engineering Command, 
except: (1) where there is a determination of value by a Federal court; 
(2) purchases negotiated by the Attorney General or the designee of the 
Attorney General; (3) where the estimated value is less than $25,000; or 
(4) as otherwise determined by the Secretary of Defense to be in the 
public interest.

    Sec. 106.  None of the funds made available in this title shall be 
used to: (1) acquire land; (2) provide for site preparation; or (3) 
install utilities for any family housing, except housing for which funds 
have been made available in annual Acts making appropriations for 
military construction.
    Sec. 107.  <<NOTE: Notification.>>  None of the funds made available 
in this title for minor construction may be used to transfer or relocate 
any activity from one base or installation to another, without prior 
notification to the Committees on Appropriations of both Houses of 
Congress.

    Sec. 108.  <<NOTE: Steel.>>  None of the funds made available in 
this title may be used for the procurement of steel for any construction 
project or activity for which American steel producers, fabricators, and 
manufacturers have been denied the opportunity to compete for such steel 
procurement.

    Sec. 109.  None of the funds available to the Department of Defense 
for military construction or family housing during the current fiscal 
year may be used to pay real property taxes in any foreign nation.
    Sec. 110.  None of the funds made available in this title may be 
used to initiate a new installation overseas without prior notification 
to the Committees on Appropriations of both Houses of Congress.
    Sec. 111.  <<NOTE: Contracts. Japan.>>  None of the funds made 
available in this title may be obligated for architect and engineer 
contracts estimated by the

[[Page 136 STAT. 4944]]

Government to exceed $500,000 for projects to be accomplished in Japan, 
in any North Atlantic Treaty Organization member country, or in 
countries bordering the Arabian Gulf, unless such contracts are awarded 
to United States firms or United States firms in joint venture with host 
nation firms.

    Sec. 112.  <<NOTE: Kwajalein Atoll. Contracts.>>  None of the funds 
made available in this title for military construction in the United 
States territories and possessions in the Pacific and on Kwajalein 
Atoll, or in countries bordering the Arabian Gulf, may be used to award 
any contract estimated by the Government to exceed $1,000,000 to a 
foreign contractor:  Provided, That this section shall not be applicable 
to contract awards for which the lowest responsive and responsible bid 
of a United States contractor exceeds the lowest responsive and 
responsible bid of a foreign contractor by greater than 20 percent:  
Provided further, That this section shall not apply to contract awards 
for military construction on Kwajalein Atoll for which the lowest 
responsive and responsible bid is submitted by a Marshallese contractor.

    Sec. 113.  <<NOTE: Military exercise. Time period.>>  The Secretary 
of Defense shall inform the appropriate committees of both Houses of 
Congress, including the Committees on Appropriations, of plans and scope 
of any proposed military exercise involving United States personnel 30 
days prior to its occurring, if amounts expended for construction, 
either temporary or permanent, are anticipated to exceed $100,000.

    Sec. 114.  Funds appropriated to the Department of Defense for 
construction in prior years shall be available for construction 
authorized for each such military department by the authorizations 
enacted into law during the current session of Congress.
    Sec. 115.  For military construction or family housing projects that 
are being completed with funds otherwise expired or lapsed for 
obligation, expired or lapsed funds may be used to pay the cost of 
associated supervision, inspection, overhead, engineering and design on 
those projects and on subsequent claims, if any.
    Sec. 116.  Notwithstanding any other provision of law, any funds 
made available to a military department or defense agency for the 
construction of military projects may be obligated for a military 
construction project or contract, or for any portion of such a project 
or contract, at any time before the end of the fourth fiscal year after 
the fiscal year for which funds for such project were made available, if 
the funds obligated for such project: (1) are obligated from funds 
available for military construction projects; and (2) do not exceed the 
amount appropriated for such project, plus any amount by which the cost 
of such project is increased pursuant to law.

                      (including transfer of funds)

    Sec. 117.  <<NOTE: Time periods. Determination.>>  Subject to 30 
days prior notification, or 14 days for a notification provided in an 
electronic medium pursuant to sections 480 and 2883 of title 10, United 
States Code, to the Committees on Appropriations of both Houses of 
Congress, such additional amounts as may be determined by the Secretary 
of Defense may be transferred to: (1) the Department of Defense Family 
Housing Improvement Fund from amounts appropriated for construction in 
``Family Housing'' accounts, to be merged with and to be available for 
the same purposes and for the same period of time as amounts 
appropriated directly to the Fund; or (2) the

[[Page 136 STAT. 4945]]

Department of Defense Military Unaccompanied Housing Improvement Fund 
from amounts appropriated for construction of military unaccompanied 
housing in ``Military Construction'' accounts, to be merged with and to 
be available for the same purposes and for the same period of time as 
amounts appropriated directly to the Fund:  Provided, That 
appropriations made available to the Funds shall be available to cover 
the costs, as defined in section 502(5) of the Congressional Budget Act 
of 1974, of direct loans or loan guarantees issued by the Department of 
Defense pursuant to the provisions of subchapter IV of chapter 169 of 
title 10, United States Code, pertaining to alternative means of 
acquiring and improving military family housing, military unaccompanied 
housing, and supporting facilities.

                      (including transfer of funds)

    Sec. 118.  In addition to any other transfer authority available to 
the Department of Defense, amounts may be transferred from the 
Department of Defense Base Closure Account to the fund established by 
section 1013(d) of the Demonstration Cities and Metropolitan Development 
Act of 1966 (42 U.S.C. 3374) to pay for expenses associated with the 
Homeowners Assistance Program incurred under 42 U.S.C. 3374(a)(1)(A). 
Any amounts transferred shall be merged with and be available for the 
same purposes and for the same time period as the fund to which 
transferred.
    Sec. 119.  <<NOTE: 10 USC 2821 note.>>  Notwithstanding any other 
provision of law, funds made available in this title for operation and 
maintenance of family housing shall be the exclusive source of funds for 
repair and maintenance of all family housing units, including general or 
flag officer quarters:  Provided, <<NOTE: Time periods.>>  That not more 
than $35,000 per unit may be spent annually for the maintenance and 
repair of any general or flag officer quarters without 30 days prior 
notification, or 14 days for a notification provided in an electronic 
medium pursuant to sections 480 and 2883 of title 10, United States 
Code, to the Committees on Appropriations of both Houses of Congress, 
except that an after-the-fact notification shall be submitted if the 
limitation is exceeded solely due to costs associated with environmental 
remediation that could not be reasonably anticipated at the time of the 
budget submission:  Provided further, <<NOTE: Reports.>>  That the Under 
Secretary of Defense (Comptroller) is to report annually to the 
Committees on Appropriations of both Houses of Congress all operation 
and maintenance expenditures for each individual general or flag officer 
quarters for the prior fiscal year.

    Sec. 120.  Amounts contained in the Ford Island Improvement Account 
established by subsection (h) of section 2814 of title 10, United States 
Code, are appropriated and shall be available until expended for the 
purposes specified in subsection (i)(1) of such section or until 
transferred pursuant to subsection (i)(3) of such section.

                      (including transfer of funds)

    Sec. 121.  <<NOTE: Time period. Determination.>>  During the 5-year 
period after appropriations available in this Act to the Department of 
Defense for military construction and family housing operation and 
maintenance and construction have expired for obligation, upon a 
determination that such appropriations will not be necessary for the 
liquidation of obligations or for making authorized adjustments to such 
appropriations for

[[Page 136 STAT. 4946]]

obligations incurred during the period of availability of such 
appropriations, unobligated balances of such appropriations may be 
transferred into the appropriation ``Foreign Currency Fluctuations, 
Construction, Defense'', to be merged with and to be available for the 
same time period and for the same purposes as the appropriation to which 
transferred.

                      (including transfer of funds)

    Sec. 122.  Amounts appropriated or otherwise made available in an 
account funded under the headings in this title may be transferred among 
projects and activities within the account in accordance with the 
reprogramming guidelines for military construction and family housing 
construction contained in Department of Defense Financial Management 
Regulation 7000.14-R, Volume 3, Chapter 7, of March 2011, as in effect 
on the date of enactment of this Act.
    Sec. 123.  None of the funds made available in this title may be 
obligated or expended for planning and design and construction of 
projects at Arlington National Cemetery.
    Sec. 124.  For an additional amount for the accounts and in the 
amounts specified, to remain available until September 30, 2027:
            ``Military Construction, Army'', $243,490,000;
            ``Military Construction, Navy and Marine Corps'', 
        $423,300,000;
            ``Military Construction, Air Force'', $527,300,000;
            ``Military Construction, Defense-Wide'', $151,000,000;
            ``Military Construction, Army National Guard'', $54,743,000;
            ``Military Construction, Army Reserve'', $56,600,000;
            ``Military Construction, Navy Reserve'', $116,964,000;
            ``Military Construction, Air Force Reserve'', $9,000,000;
            ``Family Housing Construction, Army'', $321,722,000; and
            ``Family Housing Construction, Air Force'', $18,800,000:

  Provided, That such funds may only be obligated to carry out 
construction and cost to complete projects identified in the respective 
military department's unfunded priority list for fiscal year 2023 
submitted to Congress:  Provided further, That such projects are subject 
to authorization prior to obligation and expenditure of funds to carry 
out construction:  Provided further, <<NOTE: Deadline. Expenditure 
plan.>>  That not later than 60 days after enactment of this Act, the 
Secretary of the military department concerned, or their designee, shall 
submit to the Committees on Appropriations of both Houses of Congress an 
expenditure plan for funds provided under this section.

    Sec. 125.  <<NOTE: Allotment. Contracts.>>  All amounts appropriated 
to the ``Department of Defense--Military Construction, Army'', 
``Department of Defense--Military Construction, Navy and Marine Corps'', 
``Department of Defense--Military Construction, Air Force'', and 
``Department of Defense--Military Construction, Defense-Wide'' accounts 
pursuant to the authorization of appropriations in a National Defense 
Authorization Act specified for fiscal year 2023 in the funding table in 
section 4601 of that Act shall be immediately available and allotted to 
contract for the full scope of authorized projects.

    Sec. 126.  Notwithstanding section 116 of this Act, funds made 
available in this Act or any available unobligated balances from prior 
appropriations Acts may be obligated before October 1, 2024

[[Page 136 STAT. 4947]]

for fiscal year 2017 and fiscal year 2018 military construction projects 
for which project authorization has not lapsed or for which 
authorization is extended for fiscal year 2023 by a National Defense 
Authorization Act:  Provided, That no amounts may be obligated pursuant 
to this section from amounts that were designated by the Congress as an 
emergency requirement pursuant to a concurrent resolution on the budget 
or the Balanced Budget and Emergency Deficit Control Act of 1985.
    Sec. 127.  <<NOTE: Definition.>>  For the purposes of this Act, the 
term ``congressional defense committees'' means the Committees on Armed 
Services of the House of Representatives and the Senate, the 
Subcommittee on Military Construction and Veterans Affairs of the 
Committee on Appropriations of the Senate, and the Subcommittee on 
Military Construction and Veterans Affairs of the Committee on 
Appropriations of the House of Representatives.

    Sec. 128.  For an additional amount for the accounts and in the 
amounts specified for planning and design, unspecified minor 
construction, and authorized major construction projects, for 
construction improvements to Department of Defense laboratory 
facilities, to remain available until September 30, 2027:
            ``Military Construction, Army'', $20,000,000;
            ``Military Construction, Navy and Marine Corps'', 
        $10,000,000; and
            ``Military Construction, Air Force'', $90,000,000:

  Provided, <<NOTE: Deadline. Expenditure plan.>>  That not later than 
60 days after enactment of this Act, the Secretary of the military 
department concerned, or their designee, shall submit to the Committees 
on Appropriations of both Houses of Congress an expenditure plan for 
funds provided under this section:  Provided 
further, <<NOTE: Approvals.>> That the Secretary of the military 
department concerned may not obligate or expend any funds prior to 
approval by the Committees on Appropriations of both Houses of Congress 
of the expenditure plan required by this section.

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

  Provided, <<NOTE: Deadline. Expenditure plan.>>  That not later than 
60 days after enactment of this Act, the Secretary of the military 
department concerned, or their designee, shall submit to the Committees 
on Appropriations of both Houses of Congress an expenditure plan for 
funds provided under this section:  Provided 
further, <<NOTE: Approvals.>>  That the Secretary of the military 
department concerned may not obligate or expend any funds prior to 
approval by the Committees on Appropriations of both Houses of Congress 
of the expenditure plan required by this section.

    Sec. 130.  For an additional amount for ``Military Construction, Air 
Force'', $360,000,000, to remain available until September 30, 2027, for 
expenses incurred as a result of natural disasters:  Provided, 
That <<NOTE: Deadline. Expenditure plan.>>  not later than 60 days after 
the date of enactment of this Act, the Secretary of the Air Force, or 
their designee, shall submit to the Committees on Appropriations of both 
Houses of Congress an expenditure plan for funds provided under this 
section.

[[Page 136 STAT. 4948]]

    Sec. 131.  For an additional amount for the accounts and in the 
amounts specified to address cost increases identified subsequent to the 
fiscal year 2023 budget request for authorized major construction 
projects included either in that request or funded in Title I of 
Division J of Public Law 117-103, to remain available until September 
30, 2027:
            ``Military Construction, Army'', $103,000,000;
            ``Military Construction, Navy and Marine Corps'', 
        $331,000,000;
            ``Military Construction, Air Force'', $273,000,000;
            ``Military Construction, Defense-Wide'', $279,347,000;
            ``Military Construction, Army National Guard'', $66,000,000;
            ``Military Construction, Air National Guard'', $17,000,000;
            ``Military Construction, Army Reserve'', $24,000,000;
            ``Military Construction, Navy Reserve'', $5,500,000; and
            ``Military Construction, Air Force Reserve'', $11,000,000:

  Provided, <<NOTE: Deadline. Expenditure plan.>>  That not later than 
60 days after the date of enactment of this Act, the Secretary of the 
military department concerned, or their designee, shall submit to the 
Committees on Appropriations of both Houses of Congress an expenditure 
plan for funds provided under this section.

    Sec. 132.  For an additional amount for the accounts and in the 
amounts specified for planning and design and authorized major 
construction projects, for child development centers, to remain 
available until September 30, 2027:
            ``Military Construction, Army'', $15,000,000;
            ``Military Construction, Navy and Marine Corps'', 
        $15,000,000; and
            ``Military Construction, Air Force'', $37,400,000:

  Provided, That <<NOTE: Deadline. Expenditure plan.>>  not later than 
60 days after the date of enactment of this Act, the Secretary of the 
military department concerned, or their designee, shall submit to the 
Committees on Appropriations of both Houses of Congress an expenditure 
plan for funds provided under this section.

    Sec. 133.  For an additional amount for ``Military Construction, 
Navy and Marine Corps'', $25,000,000, to remain available until 
September 30, 2027, for planning and design of water treatment and 
distribution facilities construction, including relating to improvements 
of infrastructure and defueling at the Red Hill Bulk Fuel Storage 
Facility:  Provided, <<NOTE: Deadline. Expenditure plan.>> That not 
later than 180 days after the date of enactment of this Act, the 
Secretary of the Navy, or their designee, shall submit to the Committees 
on Appropriations of both Houses of Congress an expenditure plan for 
funds provided under this section.

    Sec. 134.  For an additional amount for the accounts and in the 
amounts specified to address cost increases for authorized major 
construction projects funded by this Act, to remain available until 
September 30, 2027:
            ``Military Construction, Army'', $48,600,000;
            ``Military Construction, Navy and Marine Corps'', 
        $166,500,000;
            ``Military Construction, Air Force'', $63,350,000;
            ``Military Construction, Defense-Wide'', $14,200,000;
            ``Military Construction, Army National Guard'', $18,900,000;
            ``Military Construction, Air National Guard'', $4,900,000;

[[Page 136 STAT. 4949]]

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

  Provided, That <<NOTE: Deadline. Expenditure plan.>>  not later than 
60 days after the date of enactment of this Act, the Secretary of the 
military department concerned, or their designee, shall submit to the 
Committees on Appropriations of both Houses of Congress an expenditure 
plan for funds provided under this section:  Provided 
further, <<NOTE: Approvals.>> That the Secretary of the military 
department concerned may not obligate or expend any funds prior to 
approval by the Committees on Appropriations of both Houses of Congress 
of the expenditure plan required by this section.

    Sec. 135.  For an additional amount for ``Military Construction, Air 
National Guard'', $10,000,000, to remain available until September 30, 
2027, for planning and design for construction at future foreign 
military training sites:  Provided, That <<NOTE: Deadline. Expenditure 
plan.>>  not later than 60 days after enactment of this Act, the 
Secretary of the Air Force, or their designee, shall submit to the 
Committees on Appropriations of both Houses of Congress an expenditure 
plan for funds provided under this section.

    Sec. 136.  <<NOTE: Cuba.>>  None of the funds made available by this 
Act may be used to carry out the closure or realignment of the United 
States Naval Station, Guantanamo Bay, Cuba.

                                TITLE II

                     DEPARTMENT OF VETERANS AFFAIRS

                    Veterans Benefits Administration

                        compensation and pensions

                      (including transfer of funds)

    For the payment of compensation benefits to or on behalf of veterans 
and a pilot program for disability examinations as authorized by section 
107 and chapters 11, 13, 18, 51, 53, 55, and 61 of title 38, United 
States Code; pension benefits to or on behalf of veterans as authorized 
by chapters 15, 51, 53, 55, and 61 of title 38, United States Code; and 
burial benefits, the Reinstated Entitlement Program for Survivors, 
emergency and other officers' retirement pay, adjusted-service credits 
and certificates, payment of premiums due on commercial life insurance 
policies guaranteed under the provisions of title IV of the 
Servicemembers Civil Relief Act (50 U.S.C. App. 541 et seq.) and for 
other benefits as authorized by sections 107, 1312, 1977, and 2106, and 
chapters 23, 51, 53, 55, and 61 of title 38, United States Code, 
$146,778,136,000, which shall become available on October 1, 2023, to 
remain available until expended:  Provided, <<NOTE: Reimbursement.>>  
That not to exceed $21,423,000 of the amount made available for fiscal 
year 2024 under this heading shall be reimbursed to ``General Operating 
Expenses, Veterans Benefits Administration'', and ``Information 
Technology Systems'' for necessary expenses in implementing the 
provisions of chapters 51, 53, and 55 of title 38, United States Code, 
the funding source for which is specifically provided as the 
``Compensation and Pensions'' appropriation:  Provided 
further, <<NOTE: Reimbursement.>>  That such sums as may be earned on an 
actual qualifying patient basis, shall be reimbursed to ``Medical Care 
Collections Fund'' to augment the funding of

[[Page 136 STAT. 4950]]

individual medical facilities for nursing home care provided to 
pensioners as authorized.

                          readjustment benefits

    For the payment of readjustment and rehabilitation benefits to or on 
behalf of veterans as authorized by chapters 21, 30, 31, 33, 34, 35, 36, 
39, 41, 51, 53, 55, and 61 of title 38, United States Code, 
$8,452,500,000, which shall become available on October 1, 2023, to 
remain available until expended:  Provided, That expenses for 
rehabilitation program services and assistance which the Secretary is 
authorized to provide under subsection (a) of section 3104 of title 38, 
United States Code, other than under paragraphs (1), (2), (5), and (11) 
of that subsection, shall be charged to this account.

                   veterans insurance and indemnities

    For military and naval insurance, national service life insurance, 
servicemen's indemnities, service-disabled veterans insurance, and 
veterans mortgage life insurance as authorized by chapters 19 and 21 of 
title 38, United States Code, $121,126,000, which shall become available 
on October 1, 2023, to remain available until expended.

                  veterans housing benefit program fund

    For the cost of direct and guaranteed loans, such sums as may be 
necessary to carry out the program, as authorized by subchapters I 
through III of chapter 37 of title 38, United States Code:  Provided, 
That such costs, including the cost of modifying such loans, shall be as 
defined in section 502 of the Congressional Budget Act of 1974:  
Provided further, That, during fiscal year 2023, within the resources 
available, not to exceed $500,000 in gross obligations for direct loans 
are authorized for specially adapted housing loans.
    In addition, for administrative expenses to carry out the direct and 
guaranteed loan programs, $282,361,131.

             vocational rehabilitation loans program account

    For the cost of direct loans, $7,171, as authorized by chapter 31 of 
title 38, United States Code:  Provided, That such costs, including the 
cost of modifying such loans, shall be as defined in section 502 of the 
Congressional Budget Act of 1974:  Provided further, That funds made 
available under this heading are available to subsidize gross 
obligations for the principal amount of direct loans not to exceed 
$942,330.
    In addition, for administrative expenses necessary to carry out the 
direct loan program, $445,698, which may be paid to the appropriation 
for ``General Operating Expenses, Veterans Benefits Administration''.

          native american veteran housing loan program account

    For administrative expenses to carry out the direct loan program 
authorized by subchapter V of chapter 37 of title 38, United States 
Code, $1,400,000.

[[Page 136 STAT. 4951]]

      general operating expenses, veterans benefits administration

    For necessary operating expenses of the Veterans Benefits 
Administration, not otherwise provided for, including hire of passenger 
motor vehicles, reimbursement of the General Services Administration for 
security guard services, and reimbursement of the Department of Defense 
for the cost of overseas employee mail, $3,863,000,000:  
Provided, <<NOTE: Determination.>>  That expenses for services and 
assistance authorized under paragraphs (1), (2), (5), and (11) of 
section 3104(a) of title 38, United States Code, that the Secretary of 
Veterans Affairs determines are necessary to enable entitled veterans: 
(1) to the maximum extent feasible, to become employable and to obtain 
and maintain suitable employment; or (2) to achieve maximum independence 
in daily living, shall be charged to this account:  Provided further, 
That, of the funds made available under this heading, not to exceed 10 
percent shall remain available until September 30, 2024.

                     Veterans Health Administration

                            medical services

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

[[Page 136 STAT. 4952]]

with privately written prescriptions based on requirements established 
by the Secretary:  Provided further, That the implementation of the 
program described in the previous proviso shall incur no additional cost 
to the Department of Veterans Affairs:  Provided further, That the 
Secretary of Veterans Affairs shall ensure that sufficient amounts 
appropriated under this heading for medical supplies and equipment are 
available for the acquisition of prosthetics designed specifically for 
female veterans:  Provided further, That nothing in section 2044(e)(1) 
of title 38, United States Code, may be construed as limiting amounts 
that may be made available under this heading for fiscal years 2023 and 
2024 in this or prior Acts.

                         medical community care

    For necessary expenses for furnishing health care to individuals 
pursuant to chapter 17 of title 38, United States Code, at non-
Department facilities, $4,300,000,000, which shall be in addition to 
funds previously appropriated under this heading that became available 
on October 1, 2022; and, in addition, $33,000,000,000, plus 
reimbursements, shall become available on October 1, 2023, and shall 
remain available until September 30, 2024:  Provided, That, of the 
amount made available on October 1, 2023, under this heading, 
$2,000,000,000 shall remain available until September 30, 2025.

                     medical support and compliance

    For necessary expenses in the administration of the medical, 
hospital, nursing home, domiciliary, construction, supply, and research 
activities, as authorized by law; administrative expenses in support of 
capital policy activities; and administrative and legal expenses of the 
Department for collecting and recovering amounts owed the Department as 
authorized under chapter 17 of title 38, United States Code, and the 
Federal Medical Care Recovery Act (42 U.S.C. 2651 et seq.), 
$1,400,000,000, which shall be in addition to funds previously 
appropriated under this heading that became available on October 1, 
2022; and, in addition, $12,300,000,000, plus reimbursements, shall 
become available on October 1, 2023, and shall remain available until 
September 30, 2024:  Provided, That, of the amount made available on 
October 1, 2023, under this heading, $350,000,000 shall remain available 
until September 30, 2025.

                           medical facilities

    For necessary expenses for the maintenance and operation of 
hospitals, nursing homes, domiciliary facilities, and other necessary 
facilities of the Veterans Health Administration; for administrative 
expenses in support of planning, design, project management, real 
property acquisition and disposition, construction, and renovation of 
any facility under the jurisdiction or for the use of the Department; 
for oversight, engineering, and architectural activities not charged to 
project costs; for repairing, altering, improving, or providing 
facilities in the several hospitals and homes under the jurisdiction of 
the Department, not otherwise provided for, either by contract or by the 
hire of temporary employees and purchase of materials; for leases of 
facilities; and for laundry services;

[[Page 136 STAT. 4953]]

$1,500,000,000, which shall be in addition to funds previously 
appropriated under this heading that became available on October 1, 
2022; and, in addition, $8,800,000,000, plus reimbursements, shall 
become available on October 1, 2023, and shall remain available until 
September 30, 2024:  Provided, That, of the amount made available on 
October 1, 2023, under this heading, $500,000,000 shall remain available 
until September 30, 2025.

                     medical and prosthetic research

    For necessary expenses in carrying out programs of medical and 
prosthetic research and development as authorized by chapter 73 of title 
38, United States Code, $916,000,000, plus reimbursements, shall remain 
available until September 30, 2024:  Provided, That the Secretary of 
Veterans Affairs shall ensure that sufficient amounts appropriated under 
this heading are available for prosthetic research specifically for 
female veterans, and for toxic exposure research.

                    National Cemetery Administration

    For necessary expenses of the National Cemetery Administration for 
operations and maintenance, not otherwise provided for, including 
uniforms or allowances therefor; cemeterial expenses as authorized by 
law; purchase of one passenger motor vehicle for use in cemeterial 
operations; hire of passenger motor vehicles; and repair, alteration or 
improvement of facilities under the jurisdiction of the National 
Cemetery Administration, $430,000,000, of which not to exceed 10 percent 
shall remain available until September 30, 2024.

                       Departmental Administration

                         general administration

                      (including transfer of funds)

    For necessary operating expenses of the Department of Veterans 
Affairs, not otherwise provided for, including administrative expenses 
in support of Department-wide capital planning, management and policy 
activities, uniforms, or allowances therefor; not to exceed $25,000 for 
official reception and representation expenses; hire of passenger motor 
vehicles; and reimbursement of the General Services Administration for 
security guard services, $433,000,000, of which not to exceed 10 percent 
shall remain available until September 30, 2024:  Provided, That funds 
provided under this heading may be transferred to ``General Operating 
Expenses, Veterans Benefits Administration''.

                        board of veterans appeals

    For necessary operating expenses of the Board of Veterans Appeals, 
$285,000,000, of which not to exceed 10 percent shall remain available 
until September 30, 2024.

[[Page 136 STAT. 4954]]

                     information technology systems

                      (including transfer of funds)

    For necessary expenses for information technology systems and 
telecommunications support, including developmental information systems 
and operational information systems; for pay and associated costs; and 
for the capital asset acquisition of information technology systems, 
including management and related contractual costs of said acquisitions, 
including contractual costs associated with operations authorized by 
section 3109 of title 5, United States Code, $5,782,000,000, plus 
reimbursements:  Provided, That $1,494,230,000 shall be for pay and 
associated costs, of which not to exceed 3 percent shall remain 
available until September 30, 2024:  Provided further, That 
$4,145,678,000 shall be for operations and maintenance, of which not to 
exceed 5 percent shall remain available until September 30, 2024:  
Provided further, That $142,092,000 shall be for information technology 
systems development, and shall remain available until September 30, 
2024:  Provided further, That amounts made available for salaries and 
expenses, operations and maintenance, and information technology systems 
development may be transferred among the three subaccounts after the 
Secretary of Veterans Affairs requests from the Committees on 
Appropriations of both Houses of Congress the authority to make the 
transfer and an approval is issued:  Provided further, That amounts made 
available for the ``Information Technology Systems'' account for 
development may be transferred among projects or to newly defined 
projects:  Provided further, <<NOTE: Time period.>>  That no project may 
be increased or decreased by more than $3,000,000 of cost prior to 
submitting a request to the Committees on Appropriations of both Houses 
of Congress to make the transfer and an approval is issued, or absent a 
response, a period of 30 days has elapsed:  Provided further, That the 
funds made available under this heading for information technology 
systems development shall be for the projects, and in the amounts, 
specified under this heading in the explanatory statement described in 
section 4 (in the matter preceding division A of this consolidated Act).

                    veterans electronic health record

    For activities related to implementation, preparation, development, 
interface, management, rollout, and maintenance of a Veterans Electronic 
Health Record system, including contractual costs associated with 
operations authorized by section 3109 of title 5, United States Code, 
and salaries and expenses of employees hired under titles 5 and 38, 
United States Code, $1,759,000,000, to remain available until September 
30, 2025:  Provided, <<NOTE: Reports.>>  That the Secretary of Veterans 
Affairs shall submit to the Committees on Appropriations of both Houses 
of Congress quarterly reports detailing obligations, expenditures, and 
deployment implementation by facility, including any changes from the 
deployment plan or schedule:  Provided further, That the funds provided 
in this account shall only be available to the Office of the Deputy 
Secretary, to be administered by that Office:  Provided 
further, <<NOTE: Effective date. Certifications. Deadlines.>>  That 25 
percent of the funds made available under this heading shall not be 
available until July 1, 2023, and are contingent upon the Secretary of 
Veterans Affairs--

[[Page 136 STAT. 4955]]

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

                       office of inspector general

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

                      construction, major projects

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

[[Page 136 STAT. 4956]]

expenses, and funds provided for the purchase, security, and maintenance 
of land for the National Cemetery Administration through the land 
acquisition line item, none of the funds made available under this 
heading shall be used for any project that has not been notified to 
Congress through the budgetary process or that has not been approved by 
the Congress through statute, joint resolution, or in the explanatory 
statement accompanying such Act and presented to the President at the 
time of enrollment:  Provided further, <<NOTE: Reimbursement.>>  That 
such sums as may be necessary shall be available to reimburse the 
``General Administration'' account for payment of salaries and expenses 
of all Office of Construction and Facilities Management employees to 
support the full range of capital infrastructure services provided, 
including minor construction and leasing services:  Provided 
further, <<NOTE: Contracts. Deadlines.>>  That funds made available 
under this heading for fiscal year 2023, for each approved project shall 
be obligated: (1) by the awarding of a construction documents contract 
by September 30, 2023; and (2) by the awarding of a construction 
contract by September 30, 2024:  Provided further, 
That <<NOTE: Reports.>> the Secretary of Veterans Affairs shall promptly 
submit to the Committees on Appropriations of both Houses of Congress a 
written report on any approved major construction project for which 
obligations are not incurred within the time limitations established 
above:  Provided further, That notwithstanding the requirements of 
section 8104(a) of title 38, United States Code, amounts made available 
under this heading for seismic improvement projects and seismic program 
management activities shall be available for the completion of both new 
and existing seismic projects of the Department.

                      construction, minor projects

    For constructing, altering, extending, and improving any of the 
facilities, including parking projects, under the jurisdiction or for 
the use of the Department of Veterans Affairs, including planning and 
assessments of needs which may lead to capital investments, 
architectural and engineering services, maintenance or guarantee period 
services costs associated with equipment guarantees provided under the 
project, services of claims analysts, offsite utility and storm drainage 
system construction costs, and site acquisition, or for any of the 
purposes set forth in sections 316, 2404, 2406 and chapter 81 of title 
38, United States Code, not otherwise provided for, where the estimated 
cost of a project is equal to or less than the amount set forth in 
section 8104(a)(3)(A) of title 38, United States Code, $626,110,000, of 
which $563,499,000 shall remain available until September 30, 2027, and 
of which $62,611,000 shall remain available until expended, along with 
unobligated balances of previous ``Construction, Minor Projects'' 
appropriations which are hereby made available for any project where the 
estimated cost is equal to or less than the amount set forth in such 
section:  Provided, That funds made available under this heading shall 
be for: (1) repairs to any of the nonmedical facilities under the 
jurisdiction or for the use of the Department which are necessary 
because of loss or damage caused by any natural disaster or catastrophe; 
and (2) temporary measures necessary to prevent or to minimize further 
loss by such causes.

[[Page 136 STAT. 4957]]

        grants for construction of state extended care facilities

    For grants to assist States to acquire or construct State nursing 
home and domiciliary facilities and to remodel, modify, or alter 
existing hospital, nursing home, and domiciliary facilities in State 
homes, for furnishing care to veterans as authorized by sections 8131 
through 8137 of title 38, United States Code, $150,000,000, to remain 
available until expended.

             grants for construction of veterans cemeteries

    For grants to assist States and tribal organizations in 
establishing, expanding, or improving veterans cemeteries as authorized 
by section 2408 of title 38, United States Code, $50,000,000, to remain 
available until expended.

                    Cost of War Toxic Exposures Fund

    For investment in the delivery of veterans' health care associated 
with exposure to environmental hazards, the expenses incident to the 
delivery of veterans' health care and benefits associated with exposure 
to environmental hazards, and medical and other research relating to 
exposure to environmental hazards, as authorized by section 324 of title 
38, United States Code, and in addition to amounts otherwise available 
for such purposes in the appropriations provided in this or prior Acts, 
$5,000,000,000, to remain available until September 30, 2027:  
Provided, <<NOTE: Deadline. Expenditure plan.>>  That not later than 30 
days after the date of enactment of this Act, the Secretary of Veterans 
Affairs shall submit to the Committees on Appropriations of both Houses 
of Congress an expenditure plan for funds provided under this heading 
for fiscal year 2023.

                        Administrative Provisions

                      (including transfer of funds)

    Sec. 201.  Any appropriation for fiscal year 2023 for ``Compensation 
and Pensions'', ``Readjustment Benefits'', and ``Veterans Insurance and 
Indemnities'' may be transferred as necessary to any other of the 
mentioned appropriations:  Provided, <<NOTE: Approvals. Time period.>>  
That, before a transfer may take place, the Secretary of Veterans 
Affairs shall request from the Committees on Appropriations of both 
Houses of Congress the authority to make the transfer and such 
Committees issue an approval, or absent a response, a period of 30 days 
has elapsed.

                      (including transfer of funds)

    Sec. 202.  <<NOTE: Notifications. Approvals.>>  Amounts made 
available for the Department of Veterans Affairs for fiscal year 2023, 
in this or any other Act, under the ``Medical Services'', ``Medical 
Community Care'', ``Medical Support and Compliance'', and ``Medical 
Facilities'' accounts may be transferred among the accounts:  Provided, 
That any transfers among the ``Medical Services'', ``Medical Community 
Care'', and ``Medical Support and Compliance'' accounts of 1 percent or 
less of the total amount appropriated to the account in this or any 
other Act may take place subject to notification from the Secretary of 
Veterans Affairs to the Committees on Appropriations of both

[[Page 136 STAT. 4958]]

Houses of Congress of the amount and purpose of the transfer:  Provided 
further, That any transfers among the ``Medical Services'', ``Medical 
Community Care'', and ``Medical Support and Compliance'' accounts in 
excess of 1 percent, or exceeding the cumulative 1 percent for the 
fiscal year, may take place only after the Secretary requests from the 
Committees on Appropriations of both Houses of Congress the authority to 
make the transfer and an approval is issued:  Provided further, That any 
transfers to or from the ``Medical Facilities'' account may take place 
only after the Secretary requests from the Committees on Appropriations 
of both Houses of Congress the authority to make the transfer and an 
approval is issued.

    Sec. 203.  Appropriations available in this title for salaries and 
expenses shall be available for services authorized by section 3109 of 
title 5, United States Code; hire of passenger motor vehicles; lease of 
a facility or land or both; and uniforms or allowances therefore, as 
authorized by sections 5901 through 5902 of title 5, United States Code.
    Sec. 204.  No appropriations in this title (except the 
appropriations for ``Construction, Major Projects'', and ``Construction, 
Minor Projects'') shall be available for the purchase of any site for or 
toward the construction of any new hospital or home.
    Sec. 205.  <<NOTE: Reimbursement.>>  No appropriations in this title 
shall be available for hospitalization or examination of any persons 
(except beneficiaries entitled to such hospitalization or examination 
under the laws providing such benefits to veterans, and persons 
receiving such treatment under sections 7901 through 7904 of title 5, 
United States Code, or the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5121 et seq.)), unless reimbursement 
of the cost of such hospitalization or examination is made to the 
``Medical Services'' account at such rates as may be fixed by the 
Secretary of Veterans Affairs.

    Sec. 206.  <<NOTE: Time period.>>  Appropriations available in this 
title for ``Compensation and Pensions'', ``Readjustment Benefits'', and 
``Veterans Insurance and Indemnities'' shall be available for payment of 
prior year accrued obligations required to be recorded by law against 
the corresponding prior year accounts within the last quarter of fiscal 
year 2022.

    Sec. 207.  Appropriations available in this title shall be available 
to pay prior year obligations of corresponding prior year appropriations 
accounts resulting from sections 3328(a), 3334, and 3712(a) of title 31, 
United States Code, except that if such obligations are from trust fund 
accounts they shall be payable only from ``Compensation and Pensions''.

                      (including transfer of funds)

    Sec. 208. <<NOTE: Reimbursement.>>  Notwithstanding any other 
provision of law, during fiscal year 2023, the Secretary of Veterans 
Affairs shall, from the National Service Life Insurance Fund under 
section 1920 of title 38, United States Code, the Veterans' Special Life 
Insurance Fund under section 1923 of title 38, United States Code, and 
the United States Government Life Insurance Fund under section 1955 of 
title 38, United States Code, reimburse the ``General Operating 
Expenses, Veterans Benefits Administration'' and ``Information 
Technology Systems'' accounts for the cost of administration of the 
insurance programs financed through those accounts:  Provided,

[[Page 136 STAT. 4959]]

That reimbursement shall be made only from the surplus earnings 
accumulated in such an insurance program during fiscal year 2023 that 
are available for dividends in that program after claims have been paid 
and actuarially determined reserves have been set aside:  Provided 
further, That if the cost of administration of such an insurance program 
exceeds the amount of surplus earnings accumulated in that program, 
reimbursement shall be made only to the extent of such surplus earnings: 
 Provided further, <<NOTE: Determination.>> That the Secretary shall 
determine the cost of administration for fiscal year 2023 which is 
properly allocable to the provision of each such insurance program and 
to the provision of any total disability income insurance included in 
that insurance program.

    Sec. 209.  Amounts deducted from enhanced-use lease proceeds to 
reimburse an account for expenses incurred by that account during a 
prior fiscal year for providing enhanced-use lease services shall be 
available until expended.

                      (including transfer of funds)

    Sec. 210.  Funds available in this title or funds for salaries and 
other administrative expenses shall also be available to reimburse the 
Office of Resolution Management, Diversity and Inclusion, the Office of 
Employment Discrimination Complaint Adjudication, and the Alternative 
Dispute Resolution function within the Office of Human Resources and 
Administration for all services provided at rates which will recover 
actual costs but not to exceed $86,481,000 for the Office of Resolution 
Management, Diversity and Inclusion, $6,812,000 for the Office of 
Employment Discrimination Complaint Adjudication, and $4,576,000 for the 
Alternative Dispute Resolution function within the Office of Human 
Resources and Administration:  Provided, That payments may be made in 
advance for services to be furnished based on estimated costs:  Provided 
further, That amounts received shall be credited to the ``General 
Administration'' and ``Information Technology Systems'' accounts for use 
by the office that provided the service.
    Sec. 211.  <<NOTE: Disclosure. Reimbursement.>> No funds of the 
Department of Veterans Affairs shall be available for hospital care, 
nursing home care, or medical services provided to any person under 
chapter 17 of title 38, United States Code, for a non-service-connected 
disability described in section 1729(a)(2) of such title, unless that 
person has disclosed to the Secretary of Veterans Affairs, in such form 
as the Secretary may require, current, accurate third-party 
reimbursement information for purposes of section 1729 of such title:  
Provided, That the Secretary may recover, in the same manner as any 
other debt due the United States, the reasonable charges for such care 
or services from any person who does not make such disclosure as 
required:  Provided further, That any amounts so recovered for care or 
services provided in a prior fiscal year may be obligated by the 
Secretary during the fiscal year in which amounts are received.

                      (including transfer of funds)

    Sec. 212.  Notwithstanding any other provision of law, proceeds or 
revenues derived from enhanced-use leasing activities (including 
disposal) may be deposited into the ``Construction, Major Projects'' and 
``Construction, Minor Projects'' accounts and be used for construction 
(including site acquisition and disposition), alterations, and 
improvements of any medical facility under the jurisdiction

[[Page 136 STAT. 4960]]

or for the use of the Department of Veterans Affairs. Such sums as 
realized are in addition to the amount provided for in ``Construction, 
Major Projects'' and ``Construction, Minor Projects''.
    Sec. 213.  Amounts made available under ``Medical Services'' are 
available--
            (1) for furnishing recreational facilities, supplies, and 
        equipment; and
            (2) for funeral expenses, burial expenses, and other 
        expenses incidental to funerals and burials for beneficiaries 
        receiving care in the Department.

                      (including transfer of funds)

    Sec. 214.  Such sums as may be deposited into the Medical Care 
Collections Fund pursuant to section 1729A of title 38, United States 
Code, may be transferred to the ``Medical Services'' and ``Medical 
Community Care'' accounts to remain available until expended for the 
purposes of these accounts.
    Sec. 215.  <<NOTE: Contracts. Alaska. Native Americans.>> The 
Secretary of Veterans Affairs may enter into agreements with Federally 
Qualified Health Centers in the State of Alaska and Indian Tribes and 
Tribal organizations which are party to the Alaska Native Health Compact 
with the Indian Health Service, to provide healthcare, including 
behavioral health and dental care, to veterans in rural 
Alaska. <<NOTE: Requirement. Compliance.>> The Secretary shall require 
participating veterans and facilities to comply with all appropriate 
rules and regulations, as established by the 
Secretary. <<NOTE: Definition.>> The term ``rural Alaska'' shall mean 
those lands which are not within the boundaries of the municipality of 
Anchorage or the Fairbanks North Star Borough.

                      (including transfer of funds)

    Sec. 216.  Such sums as may be deposited into the Department of 
Veterans Affairs Capital Asset Fund pursuant to section 8118 of title 
38, United States Code, may be transferred to the ``Construction, Major 
Projects'' and ``Construction, Minor Projects'' accounts, to remain 
available until expended for the purposes of these accounts.
    Sec. 217.  <<NOTE: Reports.>> Not later than 30 days after the end 
of each fiscal quarter, the Secretary of Veterans Affairs shall submit 
to the Committees on Appropriations of both Houses of Congress a report 
on the financial status of the Department of Veterans Affairs for the 
preceding quarter:  Provided, That, at a minimum, the report shall 
include the direction contained in the paragraph entitled ``Quarterly 
reporting'', under the heading ``General Administration'' in the joint 
explanatory statement accompanying Public Law 114-223.

                      (including transfer of funds)

    Sec. 218.  Amounts made available under the ``Medical Services'', 
``Medical Community Care'', ``Medical Support and Compliance'', 
``Medical Facilities'', ``General Operating Expenses, Veterans Benefits 
Administration'', ``Board of Veterans Appeals'', ``General 
Administration'', and ``National Cemetery Administration'' accounts for 
fiscal year 2023 may be transferred to or from the ``Information 
Technology Systems'' account:  Provided, That such transfers may not 
result in a more than 10 percent aggregate increase in the

[[Page 136 STAT. 4961]]

total amount made available by this Act for the ``Information Technology 
Systems'' account:  Provided further, <<NOTE: Approvals.>>  That, before 
a transfer may take place, the Secretary of Veterans Affairs shall 
request from the Committees on Appropriations of both Houses of Congress 
the authority to make the transfer and an approval is issued.

                      (including transfer of funds)

    Sec. 219.  Of the amounts appropriated to the Department of Veterans 
Affairs for fiscal year 2023 for ``Medical Services'', ``Medical 
Community Care'', ``Medical Support and Compliance'', ``Medical 
Facilities'', ``Construction, Minor Projects'', and ``Information 
Technology Systems'', up to $330,140,000, plus reimbursements, may be 
transferred to the Joint Department of Defense--Department of Veterans 
Affairs Medical Facility Demonstration Fund, established by section 1704 
of the National Defense Authorization Act for Fiscal Year 2010 (Public 
Law 111-84; 123 Stat. 2571) and may be used for operation of the 
facilities designated as combined Federal medical facilities as 
described by section 706 of the Duncan Hunter National Defense 
Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat. 
4500):  Provided, <<NOTE: Notification.>> That additional funds may be 
transferred from accounts designated in this section to the Joint 
Department of Defense--Department of Veterans Affairs Medical Facility 
Demonstration Fund upon written notification by the Secretary of 
Veterans Affairs to the Committees on Appropriations of both Houses of 
Congress:  Provided further, That section <<NOTE: Repeal. 136 Stat. 
552.>> 220 of title II of division J of Public Law 117-103 is repealed.

                      (including transfer of funds)

    Sec. 220.  <<NOTE: Effective date.>> Of the amounts appropriated to 
the Department of Veterans Affairs which become available on October 1, 
2023, for ``Medical Services'', ``Medical Community Care'', ``Medical 
Support and Compliance'', and ``Medical Facilities'', up to 
$314,825,000, plus reimbursements, may be transferred to the Joint 
Department of Defense--Department of Veterans Affairs Medical Facility 
Demonstration Fund, established by section 1704 of the National Defense 
Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 
2571) and may be used for operation of the facilities designated as 
combined Federal medical facilities as described by section 706 of the 
Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 
(Public Law 110-417; 122 Stat. 4500):  Provided, 
That <<NOTE: Notification.>> additional funds may be transferred from 
accounts designated in this section to the Joint Department of Defense--
Department of Veterans Affairs Medical Facility Demonstration Fund upon 
written notification by the Secretary of Veterans Affairs to the 
Committees on Appropriations of both Houses of Congress.

                      (including transfer of funds)

    Sec. 221.  Such sums as may be deposited into the Medical Care 
Collections Fund pursuant to section 1729A of title 38, United States 
Code, for healthcare provided at facilities designated as combined 
Federal medical facilities as described by section 706 of the Duncan 
Hunter National Defense Authorization Act for Fiscal Year 2009 (Public 
Law 110-417; 122 Stat. 4500) shall also be available: (1) for transfer 
to the Joint Department of Defense--

[[Page 136 STAT. 4962]]

Department of Veterans Affairs Medical Facility Demonstration Fund, 
established by section 1704 of the National Defense Authorization Act 
for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2571); and (2) for 
operations of the facilities designated as combined Federal medical 
facilities as described by section 706 of the Duncan Hunter National 
Defense Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122 
Stat. 4500):  Provided, That, notwithstanding section 1704(b)(3) of the 
National Defense Authorization Act for Fiscal Year 2010 (Public Law 111-
84; 123 Stat. 2573), amounts transferred to the Joint Department of 
Defense--Department of Veterans Affairs Medical Facility Demonstration 
Fund shall remain available until expended.

                      (including transfer of funds)

    Sec. 222.  Of the amounts available in this title for ``Medical 
Services'', ``Medical Community Care'', ``Medical Support and 
Compliance'', and ``Medical Facilities'', a minimum of $15,000,000 shall 
be transferred to the DOD-VA Health Care Sharing Incentive Fund, as 
authorized by section 8111(d) of title 38, United States Code, to remain 
available until expended, for any purpose authorized by section 8111 of 
title 38, United States Code.
    Sec. 223.  None of the funds available to the Department of Veterans 
Affairs, in this or any other Act, may be used to replace the current 
system by which the Veterans Integrated Service Networks select and 
contract for diabetes monitoring supplies and equipment.
    Sec. 224.  <<NOTE: Notifications. Deadlines.>> The Secretary of 
Veterans Affairs shall notify the Committees on Appropriations of both 
Houses of Congress of all bid savings in a major construction project 
that total at least $5,000,000, or 5 percent of the programmed amount of 
the project, whichever is less:  Provided, That such notification shall 
occur within 14 days of a contract identifying the programmed amount:  
Provided further, That the Secretary shall notify the Committees on 
Appropriations of both Houses of Congress 14 days prior to the 
obligation of such bid savings and shall describe the anticipated use of 
such savings.

    Sec. 225.  <<NOTE: Approvals.>> None of the funds made available for 
``Construction, Major Projects'' may be used for a project in excess of 
the scope specified for that project in the original justification data 
provided to the Congress as part of the request for appropriations 
unless the Secretary of Veterans Affairs receives approval from the 
Committees on Appropriations of both Houses of Congress.

    Sec. 226.  <<NOTE: Reports. Data.>> Not later than 30 days after the 
end of each fiscal quarter, the Secretary of Veterans Affairs shall 
submit to the Committees on Appropriations of both Houses of Congress a 
quarterly report containing performance measures and data from each 
Veterans Benefits Administration Regional Office:  Provided, That, at a 
minimum, the report shall include the direction contained in the section 
entitled ``Disability claims backlog'', under the heading ``General 
Operating Expenses, Veterans Benefits Administration'' in the joint 
explanatory statement accompanying Public Law 114-223:  Provided 
further, <<NOTE: Time period.>> That the report shall also include 
information on the number of appeals pending at the Veterans Benefits 
Administration as well as the Board of Veterans Appeals on a quarterly 
basis.

[[Page 136 STAT. 4963]]

    Sec. 227.  <<NOTE: Notifications. Deadline.>> The Secretary of 
Veterans Affairs shall provide written notification to the Committees on 
Appropriations of both Houses of Congress 15 days prior to 
organizational changes which result in the transfer of 25 or more full-
time equivalents from one organizational unit of the Department of 
Veterans Affairs to another.

    Sec. 228.  <<NOTE: Time period. Notifications.>> The Secretary of 
Veterans Affairs shall provide on a quarterly basis to the Committees on 
Appropriations of both Houses of Congress notification of any single 
national outreach and awareness marketing campaign in which obligations 
exceed $1,000,000.

                      (including transfer of funds)

    Sec. 229.  <<NOTE: Determinations.>> The Secretary of Veterans 
Affairs, upon determination that such action is necessary to address 
needs of the Veterans Health Administration, may transfer to the 
``Medical Services'' account any discretionary appropriations made 
available for fiscal year 2023 in this title (except appropriations made 
to the ``General Operating Expenses, Veterans Benefits Administration'' 
account) or any discretionary unobligated balances within the Department 
of Veterans Affairs, including those appropriated for fiscal year 2023, 
that were provided in advance by appropriations Acts:  Provided, 
That <<NOTE: Approval.>> transfers shall be made only with the approval 
of the Office of Management and Budget:  Provided further, That the 
transfer authority provided in this section is in addition to any other 
transfer authority provided by law:  Provided further, That no amounts 
may be transferred from amounts that were designated by Congress as an 
emergency requirement pursuant to a concurrent resolution on the budget 
or the Balanced Budget and Emergency Deficit Control Act of 1985:  
Provided further, That such authority to transfer may not be used unless 
for higher priority items, based on emergent healthcare requirements, 
than those for which originally appropriated and in no case where the 
item for which funds are requested has been denied by Congress:  
Provided further, That, upon determination that all or part of the funds 
transferred from an appropriation are not necessary, such amounts may be 
transferred back to that appropriation and shall be available for the 
same purposes as originally appropriated:  
Provided <<NOTE: Approvals.>> further, That before a transfer may take 
place, the Secretary of Veterans Affairs shall request from the 
Committees on Appropriations of both Houses of Congress the authority to 
make the transfer and receive approval of that request.

                      (including transfer of funds)

    Sec. 230.  Amounts made available for the Department of Veterans 
Affairs for fiscal year 2023, under the ``Board of Veterans Appeals'' 
and the ``General Operating Expenses, Veterans Benefits Administration'' 
accounts may be transferred between such accounts:  
Provided, <<NOTE: Approvals.>>  That before a transfer may take place, 
the Secretary of Veterans Affairs shall request from the Committees on 
Appropriations of both Houses of Congress the authority to make the 
transfer and receive approval of that request.

    Sec. 231.  The Secretary of Veterans Affairs may not reprogram funds 
among major construction projects or programs if such

[[Page 136 STAT. 4964]]

instance of reprogramming will exceed $7,000,000, unless such 
reprogramming is approved by the Committees on Appropriations of both 
Houses of Congress.
    Sec. 232. (a) <<NOTE: Suicide hotline.>> The Secretary of Veterans 
Affairs shall ensure that the toll-free suicide hotline under section 
1720F(h) of title 38, United States Code--
            (1) provides to individuals who contact the hotline 
        immediate assistance from a trained professional; and
            (2) adheres to all requirements of the American Association 
        of Suicidology.

    (b)(1) None of the funds made available by this Act may be used to 
enforce or otherwise carry out any Executive action that prohibits the 
Secretary of Veterans Affairs from appointing an individual to occupy a 
vacant civil service position, or establishing a new civil service 
position, at the Department of Veterans Affairs with respect to such a 
position relating to the hotline specified in subsection (a).
    (2) <<NOTE: Definitions.>> In this subsection--
            (A) the term ``civil service'' has the meaning given such 
        term in section 2101(1) of title 5, United States Code; and
            (B) the term ``Executive action'' includes--
                    (i) any Executive order, Presidential memorandum, or 
                other action by the President; and
                    (ii) any agency policy, order, or other directive.

    (c)(1) <<NOTE: Study. Time period. Analysis. Data.>> The Secretary 
of Veterans Affairs shall conduct a study on the effectiveness of the 
hotline specified in subsection (a) during the 5-year period beginning 
on January 1, 2016, based on an analysis of national suicide data and 
data collected from such hotline.

    (2) At <<NOTE: Determinations.>>  a minimum, the study required by 
paragraph (1) shall--
            (A) determine the number of veterans who contact the hotline 
        specified in subsection (a) and who receive follow up services 
        from the hotline or mental health services from the Department 
        of Veterans Affairs thereafter;
            (B) determine the number of veterans who contact the hotline 
        who are not referred to, or do not continue receiving, mental 
        health care who commit suicide; and
            (C) determine the number of veterans described in 
        subparagraph (A) who commit or attempt suicide.

    Sec. 233.  <<NOTE: Effective date. Time period.>> Effective during 
the period beginning on October 1, 2018, and ending on January 1, 2024, 
none of the funds made available to the Secretary of Veterans Affairs by 
this or any other Act may be obligated or expended in contravention of 
the ``Veterans Health Administration Clinical Preventive Services 
Guidance Statement on the Veterans Health Administration's Screening for 
Breast Cancer Guidance'' published on May 10, 2017, as issued by the 
Veterans Health Administration National Center for Health Promotion and 
Disease Prevention.

    Sec. 234. (a) Notwithstanding any other provision of law, the 
amounts appropriated or otherwise made available to the Department of 
Veterans Affairs for the ``Medical Services'' account may be used to 
provide--
            (1) fertility counseling and treatment using assisted 
        reproductive technology to a covered veteran or the spouse of a 
        covered veteran; or
            (2) adoption reimbursement to a covered veteran.

    (b) In <<NOTE: Definitions.>>  this section:

[[Page 136 STAT. 4965]]

            (1) The term ``service-connected'' has the meaning given 
        such term in section 101 of title 38, United States Code.
            (2) The term ``covered veteran'' means a veteran, as such 
        term is defined in section 101 of title 38, United States Code, 
        who has a service-connected disability that results in the 
        inability of the veteran to procreate without the use of 
        fertility treatment.
            (3) The term ``assisted reproductive technology'' means 
        benefits relating to reproductive assistance provided to a 
        member of the Armed Forces who incurs a serious injury or 
        illness on active duty pursuant to section 1074(c)(4)(A) of 
        title 10, United States Code, as described in the memorandum on 
        the subject of ``Policy for Assisted Reproductive Services for 
        the Benefit of Seriously or Severely Ill/Injured (Category II or 
        III) Active Duty Service Members'' issued by the Assistant 
        Secretary of Defense for Health Affairs on April 3, 2012, and 
        the guidance issued to implement such policy, including any 
        limitations on the amount of such benefits available to such a 
        member except that--
                    (A) the time periods regarding embryo 
                cryopreservation and storage set forth in part III(G) 
                and in part IV(H) of such memorandum shall not apply; 
                and
                    (B) such term includes embryo cryopreservation and 
                storage without limitation on the duration of such 
                cryopreservation and storage.
            (4) The term ``adoption reimbursement'' means reimbursement 
        for the adoption-related expenses for an adoption that is 
        finalized after the date of the enactment of this Act under the 
        same terms as apply under the adoption reimbursement program of 
        the Department of Defense, as authorized in Department of 
        Defense Instruction 1341.09, including the reimbursement limits 
        and requirements set forth in such instruction.

    (c) Amounts made available for the purposes specified in subsection 
(a) of this section are subject to the requirements for funds contained 
in section 508 of division H of the Consolidated Appropriations Act, 
2018 (Public Law 115-141).
    Sec. 235.  None of the funds appropriated or otherwise made 
available by this Act or any other Act for the Department of Veterans 
Affairs may be used in a manner that is inconsistent with: (1) section 
842 of the Transportation, Treasury, Housing and Urban Development, the 
Judiciary, the District of Columbia, and Independent Agencies 
Appropriations Act, 2006 (Public Law 109-115; 119 Stat. 2506); or (2) 
section 8110(a)(5) of title 38, United States Code.
    Sec. 236.  <<NOTE: Contracts.>> Section 842 of Public Law 109-115 
shall not apply to conversion of an activity or function of the Veterans 
Health Administration, Veterans Benefits Administration, or National 
Cemetery Administration to contractor performance by a business concern 
that is at least 51 percent owned by one or more Indian Tribes as 
defined in section 5304(e) of title 25, United States Code, or one or 
more Native Hawaiian Organizations as defined in section 637(a)(15) of 
title 15, United States Code.

    Sec. 237. (a) <<NOTE: Discontinuation. Deadlines. 38 USC note prec. 
5701.>> Except as provided in subsection (b), the Secretary of Veterans 
Affairs, in consultation with the Secretary of Defense and the Secretary 
of Labor, shall discontinue using Social Security account numbers to 
identify individuals in all information systems of the Department of 
Veterans Affairs as follows:

[[Page 136 STAT. 4966]]

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

    (b) The Secretary of Veterans Affairs may use a Social Security 
account number to identify an individual in an information system of the 
Department of Veterans Affairs if and only if the use of such number is 
required to obtain information the Secretary requires from an 
information system that is not under the jurisdiction of the Secretary.
    (c) The matter in subsections (a) and (b) shall supersede section 
238 of division F of Public Law 116-94.
    Sec. 238.  <<NOTE: Applicability.>> For funds provided to the 
Department of Veterans Affairs for each of fiscal year 2023 and 2024 for 
``Medical Services'', section 239 of division A of Public Law 114-223 
shall apply.

    Sec. 239.  None of the funds appropriated in this or prior 
appropriations Acts or otherwise made available to the Department of 
Veterans Affairs may be used to transfer any amounts from the Filipino 
Veterans Equity Compensation Fund to any other account within the 
Department of Veterans Affairs.
    Sec. 240.  <<NOTE: Time periods.>> Of the funds provided to the 
Department of Veterans Affairs for each of fiscal year 2023 and fiscal 
year 2024 for ``Medical Services'', funds may be used in each year to 
carry out and expand the child care program authorized by section 205 of 
Public Law 111-163, notwithstanding subsection (e) of such section.

    Sec. 241.  <<NOTE: Contracts.>> None of the funds appropriated or 
otherwise made available in this title may be used by the Secretary of 
Veterans Affairs to enter into an agreement related to resolving a 
dispute or claim with an individual that would restrict in any way the 
individual from speaking to members of Congress or their staff on any 
topic not otherwise prohibited from disclosure by Federal law or 
required by Executive order to be kept secret in the interest of 
national defense or the conduct of foreign affairs.

    Sec. 242.  <<NOTE: Time periods. Applicability.>> For funds provided 
to the Department of Veterans Affairs for each of fiscal year 2023 and 
2024, section 258 of division A of Public Law 114-223 shall apply.

    Sec. 243. <<NOTE: Records. Compliance.>> (a) None of the funds 
appropriated or otherwise made available by this Act may be used to deny 
an Inspector General funded under this Act timely access to any records, 
documents, or other materials available to the department or agency over 
which that Inspector General has responsibilities under the Inspector 
General Act of 1978 (5 U.S.C. App.), or to prevent or impede the access 
of the Inspector General to such records, documents, or other materials, 
under any provision of law, except a provision of law that expressly 
refers to such Inspector General and expressly limits the right of 
access.

    (b) A department or agency covered by this section shall provide its 
Inspector General access to all records, documents, and other materials 
in a timely manner.
    (c) Each Inspector General shall ensure compliance with statutory 
limitations on disclosure relevant to the information provided by the 
establishment over which that Inspector General has responsibilities 
under the Inspector General Act of 1978 (5 U.S.C. App.).
    (d) <<NOTE: Reports.>> Each Inspector General covered by this 
section shall report to the Committee on Appropriations of the Senate 
and the Committee on Appropriations of the House of Representatives 
within

[[Page 136 STAT. 4967]]

5 calendar days of any failure by any department or agency covered by 
this section to comply with this requirement.

    Sec. 244.  None of the funds made available in this Act may be used 
in a manner that would increase wait times for veterans who seek care at 
medical facilities of the Department of Veterans Affairs.
    Sec. 245.  <<NOTE: Notifications. Proposal. Deadline.>> None of the 
funds appropriated or otherwise made available by this Act to the 
Veterans Health Administration may be used in fiscal year 2023 to 
convert any program which received specific purpose funds in fiscal year 
2022 to a general purpose funded program unless the Secretary of 
Veterans Affairs submits written notification of any such proposal to 
the Committees on Appropriations of both Houses of Congress at least 30 
days prior to any such action and an approval is issued by the 
Committees.

    Sec. 246.  <<NOTE: Time periods. Applicability.>> For funds provided 
to the Department of Veterans Affairs for each of fiscal year 2023 and 
2024, section 248 of division A of Public Law 114-223 shall apply.

    Sec. 247. <<NOTE: Research and development. Effective 
date. Animals. Approval. 38 USC 303 note.>> (a) None of the funds 
appropriated or otherwise made available by this Act may be used to 
conduct research commencing on or after October 1, 2019, that uses any 
canine, feline, or non-human primate unless the Secretary of Veterans 
Affairs approves such research specifically and in writing pursuant to 
subsection (b).

    (b)(1) The <<NOTE: Determination.>>  Secretary of Veterans Affairs 
may approve the conduct of research commencing on or after October 1, 
2019, using canines, felines, or non-human primates if the Secretary 
determines that--
            (A) the scientific objectives of the research can only be 
        met by using such canines, felines, or non-human primates;
            (B) such scientific objectives are directly related to an 
        illness or injury that is combat-related; and
            (C) the research is consistent with the revised Department 
        of Veterans Affairs canine research policy document dated 
        December 15, 2017, including any subsequent revisions to such 
        document.

    (2) The Secretary may not delegate the authority under this 
subsection.
    (c) If <<NOTE: Reports.>> the Secretary approves any new research 
pursuant to subsection (b), not later than 30 days before the 
commencement of such research, the Secretary shall submit to the 
Committees on Appropriations of the Senate and House of Representatives 
a report describing--
            (1) the nature of the research to be conducted using 
        canines, felines, or non-human primates;
            (2) the date on which the Secretary approved the research;
            (3) the justification for the determination of the Secretary 
        that the scientific objectives of such research could only be 
        met using canines, felines, or non-human primates;
            (4) the frequency and duration of such research; and
            (5) the protocols in place to ensure the necessity, safety, 
        and efficacy of the research.

    (d) Not <<NOTE: Reports.>>  later than 180 days after the date of 
the enactment of this Act, and biannually thereafter, the Secretary 
shall submit to such Committees a report describing--
            (1) any research being conducted by the Department of 
        Veterans Affairs using canines, felines, or non-human primates 
        as of the date of the submittal of the report;

[[Page 136 STAT. 4968]]

            (2) the circumstances under which such research was 
        conducted using canines, felines, or non-human primates;
            (3) the justification for using canines, felines, or non-
        human primates to conduct such research; and
            (4) the protocols in place to ensure the necessity, safety, 
        and efficacy of such research.

    (e) The <<NOTE: Plan. Deadline.>>  Department shall implement a plan 
under which the Secretary will eliminate or reduce the research 
conducted using canines, felines, or non-human primates by not later 
than 5 years after the date of enactment of Public Law 116-94.

    Sec. 248. (a) The Secretary of Veterans Affairs may use amounts 
appropriated or otherwise made available in this title to ensure that 
the ratio of veterans to full-time employment equivalents within any 
program of rehabilitation conducted under chapter 31 of title 38, United 
States Code, does not exceed 125 veterans to one full-time employment 
equivalent.
    (b) Not <<NOTE: Reports.>>  later than 180 days after the date of 
the enactment of this Act, the Secretary shall submit to Congress a 
report on the programs of rehabilitation conducted under chapter 31 of 
title 38, United States Code, including--
            (1) an <<NOTE: Assessment.>>  assessment of the veteran-to-
        staff ratio for each such program; and
            (2) <<NOTE: Recommenda- tions.>> recommendations for such 
        action as the Secretary considers necessary to reduce the 
        veteran-to-staff ratio for each such program.

    Sec. 249.  Amounts made available for the ``Veterans Health 
Administration, Medical Community Care'' account in this or any other 
Act for fiscal years 2023 and 2024 may be used for expenses that would 
otherwise be payable from the Veterans Choice Fund established by 
section 802 of the Veterans Access, Choice, and Accountability Act, as 
amended (38 U.S.C. 1701 note).
    Sec. 250.  <<NOTE: Time periods.>> Obligations and expenditures 
applicable to the ``Medical Services'' account in fiscal years 2017 
through 2019 for aid to state homes (as authorized by section 1741 of 
title 38, United States Code) shall remain in the ``Medical Community 
Care'' account for such fiscal years.

    Sec. 251.  Of the amounts made available for the Department of 
Veterans Affairs for fiscal year 2023, in this or any other Act, under 
the ``Veterans Health Administration--Medical Services'', ``Veterans 
Health Administration--Medical Community Care'', ``Veterans Health 
Administration--Medical Support and Compliance'', and ``Veterans Health 
Administration--Medical Facilities'' accounts, $840,446,000 shall be 
made available for gender-specific care and programmatic efforts to 
deliver care for women veterans.
    Sec. 252.  Of the unobligated balances available in fiscal year 2023 
in the ``Recurring Expenses Transformational Fund'' established in 
section 243 of division J of Public Law 114-113, and in addition to any 
funds otherwise made available for such purposes in this, prior, or 
subsequent fiscal years, the following amounts shall be available for 
the following purposes during the period of availability of the Fund:
            (1) $804,510,000, for constructing, altering, extending, and 
        improving medical facilities of the Veterans Health 
        Administration, including all supporting activities and required 
        contingencies;
            (2) $88,490,000, for facilities improvements at existing 
        medical facilities of the Veterans Health Administration; and

[[Page 136 STAT. 4969]]

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

  Provided, That <<NOTE: Execution plan. Approvals. Time period.>> prior 
to obligation of any of the funds provided in this subsection, the 
Secretary of Veterans Affairs must provide a plan for the execution of 
the funds appropriated in this subsection to the Committees on 
Appropriations of both Houses of Congress and such Committees issue an 
approval, or absent a response, a period of 30 days has elapsed:  
Provided further, <<NOTE: Reprogramming request. Approvals. Time 
period.>>  That funds may be reprogrammed among the three purposes 
subject to the Secretary of Veterans Affairs providing a request with 
the amount and purpose of the reprogramming to the Committees on 
Appropriations of both Houses of Congress and such Committees issuing an 
approval, or absent a response, a period of 30 days has elapsed.

    Sec. 253.  <<NOTE: Reports.>> Not later than 30 days after the end 
of each fiscal quarter, the Secretary of Veterans Affairs shall submit 
to the Committees on Appropriations of both Houses of Congress a 
quarterly report on the status of the ``Veterans Medical Care and Health 
Fund'', established to execute section 8002 of the American Rescue Plan 
Act of 2021 (Public Law 117-2):  Provided, <<NOTE: Update. Expenditure 
plan.>> That, at a minimum, the report shall include an update on 
obligations by program, project or activity and a plan for expending the 
remaining funds:  Provided further, 
That <<NOTE: Notification. Reallocation plan. Approvals. Time 
period.>> the Secretary of Veterans Affairs must submit notification of 
any plans to reallocate funds from the current apportionment categories 
of ``Medical Services'', ``Medical Support and Compliance'', ``Medical 
Facilities'', ``Medical Community Care'', or ``Medical and Prosthetic 
Research'', including the amount and purpose of each reallocation to the 
Committees on Appropriations of both Houses of Congress and such 
Committees issue an approval, or absent a response, a period of 30 days 
has elapsed.

    Sec. 254.  <<NOTE: Time period. Determination.>> Any amounts 
transferred to the Secretary and administered by a corporation referred 
to in section 7364(b) of title 38, United States Code, between October 
1, 2017 and September 30, 2018 for purposes of carrying out an order 
placed with the Department of Veterans Affairs pursuant to section 1535 
of title 31, United States Code, that are available for obligation 
pursuant to section 7364(b)(1) of title 38, United States Code, are to 
remain available for the liquidation of valid obligations incurred by 
such corporation during the period of performance of such order, 
provided that the Secretary of Veterans Affairs determines that such 
amounts need to remain available for such liquidation.

                         (rescissions of funds)

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

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

[[Page 136 STAT. 4970]]

    Sec. 256.  <<NOTE: Reports. Analysis. Rural and urban areas.>> None 
of the funds in this or any other Act may be used to close Department of 
Veterans Affairs hospitals, domiciliaries, or clinics, conduct an 
environmental assessment, or to diminish healthcare services at existing 
Veterans Health Administration medical facilities as part of a planned 
realignment of services until the Secretary provides to the Committees 
on Appropriations of both Houses of Congress a report including an 
analysis of how any such planned realignment of services will impact 
access to care for veterans living in rural or highly rural areas, 
including travel distances and transportation costs to access a 
Department medical facility and availability of local specialty and 
primary care.

                          (rescission of funds)

    Sec. 257.  Of the unobligated balances in the ``Recurring Expenses 
Transformational Fund'' established in section 243 of division J of 
Public Law 114-113, $90,874,000 is hereby rescinded.
    Sec. 258.  Unobligated balances available under the headings 
``Construction, Major Projects'' and ``Construction, Minor Projects'' 
may be obligated by the Secretary of Veterans Affairs for a facility 
pursuant to section 2(e)(1) of the Communities Helping Invest through 
Property and Improvements Needed for Veterans Act of 2016 (Public Law 
114-294; 38 U.S.C. 8103 note), as amended, to provide additional funds 
or to fund an escalation clause under such section of such Act:  
Provided, <<NOTE: Obligation request. Approvals. Time period.>> That 
before such unobligated balances are obligated pursuant to this section, 
the Secretary of Veterans Affairs shall request from the Committees on 
Appropriations of both Houses of Congress the authority to obligate such 
unobligated balances and such Committees issue an approval, or absent a 
response, a period of 30 days has elapsed:  Provided further, That 
the <<NOTE: Notice.>> request to obligate such unobligated balances must 
provide Congress notice that the entity described in section 2(a)(2) of 
Public Law 114-294, as amended, has exhausted available cost containment 
approaches as set forth in the agreement under section 2(c) of such 
Public Law.

                                TITLE III

                            RELATED AGENCIES

                  American Battle Monuments Commission

                          salaries and expenses

    For necessary expenses, not otherwise provided for, of the American 
Battle Monuments Commission, including the acquisition of land or 
interest in land in foreign countries; purchases and repair of uniforms 
for caretakers of national cemeteries and monuments outside of the 
United States and its territories and possessions; rent of office and 
garage space in foreign countries; purchase (one-for-one replacement 
basis only) and hire of passenger motor vehicles; not to exceed $15,000 
for official reception and representation expenses; and insurance of 
official motor vehicles in foreign countries, when required by law of 
such countries, $87,500,000, to remain available until expended.

[[Page 136 STAT. 4971]]

                  foreign currency fluctuations account

    For necessary expenses, not otherwise provided for, of the American 
Battle Monuments Commission, such sums as may be necessary, to remain 
available until expended, for purposes authorized by section 2109 of 
title 36, United States Code.

           United States Court of Appeals for Veterans Claims

                          salaries and expenses

    For necessary expenses for the operation of the United States Court 
of Appeals for Veterans Claims as authorized by sections 7251 through 
7298 of title 38, United States Code, $46,900,000:  Provided, That 
$3,385,000 shall be available for the purpose of providing financial 
assistance as described and in accordance with the process and reporting 
procedures set forth under this heading in Public Law 102-229.

                      Department of Defense--Civil

                        Cemeterial Expenses, Army

                          salaries and expenses

    For necessary expenses for maintenance, operation, and improvement 
of Arlington National Cemetery and Soldiers' and Airmen's Home National 
Cemetery, including the purchase or lease of passenger motor vehicles 
for replacement on a one-for-one basis only, and not to exceed $2,000 
for official reception and representation expenses, $93,400,000, of 
which not to exceed $15,000,000 shall remain available until September 
30, 2025. In addition, such sums as may be necessary for parking 
maintenance, repairs and replacement, to be derived from the ``Lease of 
Department of Defense Real Property for Defense Agencies'' account.

                              construction

    For necessary expenses for planning and design and construction at 
Arlington National Cemetery and Soldiers' and Airmen's Home National 
Cemetery, $62,500,000, to remain available until expended, of which 
$2,500,000 shall be for study, planning and design, and architect and 
engineering services for Memorial Avenue improvements at Arlington 
National Cemetery; and $60,000,000 shall be for planning and design and 
construction associated with the Southern Expansion project at Arlington 
National Cemetery.

                      Armed Forces Retirement Home

                               trust fund

    For expenses necessary for the Armed Forces Retirement Home to 
operate and maintain the Armed Forces Retirement Home--Washington, 
District of Columbia, and the Armed Forces Retirement Home--Gulfport, 
Mississippi, to be paid from funds available in the Armed Forces 
Retirement Home Trust Fund, $75,360,000, to remain available until 
September 30, 2024, of which $7,300,000 shall remain available until 
expended for construction and renovation of the physical plants at the 
Armed Forces Retirement Home--

[[Page 136 STAT. 4972]]

Washington, District of Columbia, and the Armed Forces Retirement Home--
Gulfport, Mississippi:  Provided, That of the amounts made available 
under this heading from funds available in the Armed Forces Retirement 
Home Trust Fund, $25,000,000 shall be paid from the general fund of the 
Treasury to the Trust Fund.

                           major construction

    For an additional amount for necessary expenses related to design, 
planning, and construction for renovation of the Sheridan Building at 
the Armed Forces Retirement Home--Washington, District of Columbia, 
$77,000,000, to remain available until expended, shall be paid from the 
general fund of the Treasury to the Armed Forces Retirement Home Trust 
Fund.

                        Administrative Provision

    Sec. 301.  Amounts deposited into the special account established 
under 10 U.S.C. 7727 are appropriated and shall be available until 
expended to support activities at the Army National Military Cemeteries.

                                TITLE IV

                           GENERAL PROVISIONS

    Sec. 401.  No part of any appropriation contained in this Act shall 
remain available for obligation beyond the current fiscal year unless 
expressly so provided herein.
    Sec. 402.  None of the funds made available in this Act may be used 
for any program, project, or activity, when it is made known to the 
Federal entity or official to which the funds are made available that 
the program, project, or activity is not in compliance with any Federal 
law relating to risk assessment, the protection of private property 
rights, or unfunded mandates.
    Sec. 403.  All departments and agencies funded under this Act are 
encouraged, within the limits of the existing statutory authorities and 
funding, to expand their use of ``E-Commerce'' technologies and 
procedures in the conduct of their business practices and public service 
activities.
    Sec. 404.  Unless stated otherwise, all reports and notifications 
required by this Act shall be submitted to the Subcommittee on Military 
Construction and Veterans Affairs, and Related Agencies of the Committee 
on Appropriations of the House of Representatives and the Subcommittee 
on Military Construction and Veterans Affairs, and Related Agencies of 
the Committee on Appropriations of the Senate.
    Sec. 405.  None of the funds made available in this Act may be 
transferred to any department, agency, or instrumentality of the United 
States Government except pursuant to a transfer made by, or transfer 
authority provided in, this or any other appropriations Act.
    Sec. 406.  None of the funds made available in this Act may be used 
for a project or program named for an individual serving as a Member, 
Delegate, or Resident Commissioner of the United States House of 
Representatives.
    Sec. 407. (a) <<NOTE: Web posting. Public 
information. Reports. Determination.>> Any agency receiving funds made 
available in this Act, shall, subject to subsections (b) and (c), post 
on the public

[[Page 136 STAT. 4973]]

Web site of that agency any report required to be submitted by the 
Congress in this or any other Act, upon the determination by the head of 
the agency that it shall serve the national interest.

    (b) Subsection (a) shall not apply to a report if--
            (1) the public posting of the report compromises national 
        security; or
            (2) the report contains confidential or proprietary 
        information.

    (c) The <<NOTE: Time period.>> head of the agency posting such 
report shall do so only after such report has been made available to the 
requesting Committee or Committees of Congress for no less than 45 days.

    Sec. 408. (a) <<NOTE: Pornography.>> None of the funds made 
available in this Act may be used to maintain or establish a computer 
network unless such network blocks the viewing, downloading, and 
exchanging of pornography.

    (b) Nothing in subsection (a) shall limit the use of funds necessary 
for any Federal, State, tribal, or local law enforcement agency or any 
other entity carrying out criminal investigations, prosecution, or 
adjudication activities.
    Sec. 409.  None of the funds made available in this Act may be used 
by an agency of the executive branch to pay for first-class travel by an 
employee of the agency in contravention of sections 301-10.122 through 
301-10.124 of title 41, Code of Federal Regulations.
    Sec. 410.  <<NOTE: Contracts.>> None of the funds made available in 
this Act may be used to execute a contract for goods or services, 
including construction services, where the contractor has not complied 
with Executive Order No. 12989.

    Sec. 411.  None of the funds made available by this Act may be used 
in contravention of section 101(e)(8) of title 10, United States Code.
    Sec. 412. <<NOTE: Detainees. Cuba.>> (a) In General.--None of the 
funds appropriated or otherwise made available to the Department of 
Defense in this Act may be used to construct, renovate, or expand any 
facility in the United States, its territories, or possessions to house 
any individual detained at United States Naval Station, Guantanamo Bay, 
Cuba, for the purposes of detention or imprisonment in the custody or 
under the control of the Department of Defense.

    (b) The prohibition in subsection (a) shall not apply to any 
modification of facilities at United States Naval Station, Guantanamo 
Bay, Cuba.
    (c) An individual described in this subsection is any individual 
who, as of June 24, 2009, is located at United States Naval Station, 
Guantanamo Bay, Cuba, and who--
            (1) is not a citizen of the United States or a member of the 
        Armed Forces of the United States; and
            (2) is--
                    (A) in the custody or under the effective control of 
                the Department of Defense; or
                    (B) otherwise under detention at United States Naval 
                Station, Guantanamo Bay, Cuba.

    This division may be cited as the ``Military Construction, Veterans 
Affairs, and Related Agencies Appropriations Act, 2023''.

[[Page 136 STAT. 4974]]

    DIVISION K--DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND RELATED 
                    PROGRAMS APPROPRIATIONS ACT, 2023

                                 TITLE I

                 DEPARTMENT OF STATE AND RELATED AGENCY

                           Department of State

                    Administration of Foreign Affairs

                           diplomatic programs

    For necessary expenses of the Department of State and the Foreign 
Service not otherwise provided for, $9,463,159,000, of which 
$844,418,000 may remain available until September 30, 2024, and of which 
up to $3,813,707,000 may remain available until expended for Worldwide 
Security Protection:  Provided, <<NOTE: Allocations.>> That funds made 
available under this heading shall be allocated in accordance with 
paragraphs (1) through (4), as follows:
            (1) Human resources.--For necessary expenses for training, 
        human resources management, and salaries, including employment 
        without regard to civil service and classification laws of 
        persons on a temporary basis (not to exceed $700,000), as 
        authorized by section 801 of the United States Information and 
        Educational Exchange Act of 1948 (62 Stat. 11; Chapter 36), 
        $3,420,898,000, of which up to $684,767,000 is for Worldwide 
        Security Protection.
            (2) Overseas programs.--For necessary expenses for the 
        regional bureaus of the Department of State and overseas 
        activities as authorized by law, $1,841,831,000.
            (3) Diplomatic policy and support.--For necessary expenses 
        for the functional bureaus of the Department of State, including 
        representation to certain international organizations in which 
        the United States participates pursuant to treaties ratified 
        pursuant to the advice and consent of the Senate or specific 
        Acts of Congress, general administration, and arms control, 
        nonproliferation, and disarmament activities as authorized, 
        $1,043,372,000.
            (4) Security programs.--For necessary expenses for security 
        activities, $3,157,058,000, of which up to $3,128,940,000 is for 
        Worldwide Security Protection.
            (5) Fees and payments collected.--In addition to amounts 
        otherwise made available under this heading--
                    (A) as authorized by section 810 of the United 
                States Information and Educational Exchange Act, not to 
                exceed $5,000,000, to remain available until expended, 
                may be credited to this appropriation from fees or other 
                payments received from English teaching, library, motion 
                pictures, and publication programs and from fees from 
                educational advising and counseling and exchange visitor 
                programs; and
                    (B) not to exceed $15,000, which shall be derived 
                from reimbursements, surcharges, and fees for use of 
                Blair House facilities.
            (6) Transfer of funds, reprogramming, and other matters.--

[[Page 136 STAT. 4975]]

                    (A) Notwithstanding any other provision of this Act, 
                funds may be reprogrammed within and between paragraphs 
                (1) through (4) under this heading subject to section 
                7015 of this Act.
                    (B) Of the amount made available under this heading 
                for Worldwide Security Protection, not to exceed 
                $50,000,000 may be transferred to, and merged with, 
                funds made available by this Act under the heading 
                ``Emergencies in the Diplomatic and Consular Service'', 
                to be available only for emergency evacuations and 
                rewards, as authorized:  Provided, 
                That <<NOTE: Consultation.>> the exercise of the 
                authority provided by this subparagraph shall be subject 
                to prior consultation with the Committees on 
                Appropriations.
                    (C) Funds <<NOTE: Contracts.>> appropriated under 
                this heading are available for acquisition by exchange 
                or purchase of passenger motor vehicles as authorized by 
                law and, pursuant to section 1108(g) of title 31, United 
                States Code, for the field examination of programs and 
                activities in the United States funded from any account 
                contained in this title.
                    (D) Funds appropriated under this heading shall be 
                made available to support the activities of the 
                Ambassador-at-Large for the Arctic Region, as described 
                in the explanatory statement described in section 4 (in 
                the matter preceding division A of this consolidated 
                Act).
                    (E) Of the amount made available under this heading, 
                up to $75,000,000 may be transferred to, and merged 
                with, funds made available in title I of this Act under 
                the heading ``Capital Investment Fund'':  
                Provided, <<NOTE: Consultation.>> That the exercise of 
                the authority provided by this subparagraph shall be 
                subject to prior consultation with the Committees on 
                Appropriations.
                    (F) The eleventh proviso under the heading 
                ``Diplomatic and Consular Programs'' in the Department 
                of State, Foreign Operations, and Related Programs 
                Appropriations Act, 2008 (title I of division J of 
                Public Law <<NOTE: 22 USC 2706a.>> 110-161) is amended 
                by inserting ``and for expenses of rewards programs'' 
                after ``for rewards payments''.
                    (G) Consistent with section 204 of the Admiral James 
                W. Nance and Meg Donovan Foreign Relations Authorization 
                Act, Fiscal Years 2000 and 2001 (22 U.S.C. 2452b), up to 
                $25,000,000 of the amounts made available under this 
                heading may be obligated and expended for United States 
                participation in international fairs and expositions 
                abroad, including for construction and operation of a 
                United States pavilion at Expo 2025.
                    (H) <<NOTE: 22 USC 2719 note.>> Of the funds 
                appropriated under this heading, not less than 
                $2,000,000 shall be made available for a grant to a 
                postsecondary educational institution for the purpose of 
                establishing a program to increase the participation of 
                undergraduate students in the Foreign Service, as 
                authorized by section 150 of the Foreign Relations 
                Authorization Act, Fiscal Years 1990 and 1991 (22 U.S.C. 
                2719):  Provided, That such grant program shall 
                hereafter be named the ``Nancy Pelosi Fellowship 
                Program''.

[[Page 136 STAT. 4976]]

                         capital investment fund

    For necessary expenses of the Capital Investment Fund, as 
authorized, $389,000,000, to remain available until expended.

                       office of inspector general

    For necessary expenses of the Office of Inspector General, 
$98,500,000, of which $14,775,000 may remain available until September 
30, 2024:  Provided, That funds appropriated under this heading are made 
available notwithstanding section 209(a)(1) of the Foreign Service Act 
of 1980 (22 U.S.C. 3929(a)(1)), as it relates to post inspections.
    In addition, for the Special Inspector General for Afghanistan 
Reconstruction (SIGAR) for reconstruction oversight, $35,200,000, to 
remain available until September 30, 2024:  Provided, That funds 
appropriated under this heading that are made available for the printing 
and reproduction costs of SIGAR shall not exceed amounts for such costs 
during the prior fiscal year.

               educational and cultural exchange programs

    For necessary expenses of educational and cultural exchange 
programs, as authorized, $777,500,000, to remain available until 
expended, of which not less than $287,500,000 shall be for the Fulbright 
Program and not less than $115,000,000 shall be for Citizen Exchange 
Program:  Provided, That fees or other payments received from, or in 
connection with, English teaching, educational advising and counseling 
programs, and exchange visitor programs as authorized may be credited to 
this account, to remain available until expended:  Provided 
further, <<NOTE: Fellowships and scholarships. Consultation.>> That a 
portion of the Fulbright awards from the Eurasia and Central Asia 
regions shall be designated as Edmund S. Muskie Fellowships, following 
consultation with the Committees on Appropriations:  Provided further, 
That funds appropriated under this heading that are made available for 
the Benjamin Gilman International Scholarships Program shall also be 
made available for the John S. McCain Scholars Program, pursuant to 
section 7075 of the Department of State, Foreign Operations, and Related 
Programs Appropriations Act, 2019 (division F of Public Law 116-6):  
Provided further, That funds appropriated under this heading shall be 
made available for the Arctic Exchange Program:  Provided 
further, <<NOTE: Consultation. Notification.>> That any substantive 
modifications from the prior fiscal year to programs funded by this Act 
under this heading shall be subject to prior consultation with, and the 
regular notification procedures of, the Committees on Appropriations.

                         representation expenses

    For representation expenses as authorized, $7,415,000.

              protection of foreign missions and officials

    For necessary expenses, not otherwise provided, to enable the 
Secretary of State to provide for extraordinary protective services, as 
authorized, $30,890,000, to remain available until September 30, 2024.

[[Page 136 STAT. 4977]]

             embassy security, construction, and maintenance

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

           emergencies in the diplomatic and consular service

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

                   repatriation loans program account

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

               payment to the american institute in taiwan

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

         international center, washington, district of columbia

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

      payment to the foreign service retirement and disability fund

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

[[Page 136 STAT. 4978]]

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

              contributions to international organizations

    For <<NOTE: United Nations. Notifications.>> necessary expenses, not 
otherwise provided for, to meet annual obligations of membership in 
international multilateral organizations, pursuant to treaties ratified 
pursuant to the advice and consent of the Senate, conventions, or 
specific Acts of Congress, $1,438,000,000, of which $96,240,000 may 
remain available until September 30, 2024:  
Provided, <<NOTE: Budget.>> That the Secretary of State shall, at the 
time of the submission of the President's budget to Congress under 
section 1105(a) of title 31, United States Code, transmit to the 
Committees on Appropriations the most recent biennial budget prepared by 
the United Nations for the operations of the United Nations:  Provided 
further, <<NOTE: Time period.>> That the Secretary of State shall notify 
the Committees on Appropriations at least 15 days in advance (or in an 
emergency, as far in advance as is practicable) of any United Nations 
action to increase funding for any United Nations program without 
identifying an offsetting decrease elsewhere in the United Nations 
budget:  Provided further, That any payment of arrearages under this 
heading shall be directed to activities that are mutually agreed upon by 
the United States and the respective international organization and 
shall be subject to the regular notification procedures of the 
Committees on Appropriations:  Provided further, <<NOTE: Effective 
date.>> That none of the funds appropriated under this heading shall be 
available for a United States contribution to an international 
organization for the United States share of interest costs made known to 
the United States Government by such organization for loans incurred on 
or after October 1, 1984, through external borrowings.

         contributions for international peacekeeping activities

    For <<NOTE: United Nations.>> necessary expenses to pay assessed and 
other expenses of international peacekeeping activities directed to the 
maintenance or restoration of international peace and security, 
$1,481,915,000, of which $740,958,000 may remain available until 
September 30, 2024:  Provided, <<NOTE: Time period. Notification. Cost 
estimates.>> That none of the funds made available by this Act shall be 
obligated or expended for any new or expanded United Nations 
peacekeeping mission unless, at least 15 days in advance of voting for 
such mission in the United Nations Security Council (or in an emergency 
as far in advance as is practicable), the Committees on Appropriations 
are notified of: (1) the estimated cost and duration of the mission, the 
objectives of the mission, the national interest that will be served, 
and the exit strategy; and (2) the sources of funds, including any 
reprogrammings or transfers, that will be used to pay the cost of the 
new or expanded mission, and the estimated cost in future fiscal years:  
Provided further, That none <<NOTE: Certification. Reports. Human 
rights. Public information. Web posting.>> of the funds appropriated 
under this heading may be made available for obligation unless the 
Secretary of State certifies and reports to the Committees on 
Appropriations on a peacekeeping mission-by-mission basis that the 
United Nations is implementing effective policies and procedures to 
prevent United Nations employees, contractor personnel, and peacekeeping 
troops serving in such mission from trafficking in persons, exploiting 
victims of trafficking, or committing acts of sexual exploitation and 
abuse or other violations of human rights, and to hold accountable 
individuals who engage in such acts while participating in such mission,

[[Page 136 STAT. 4979]]

including prosecution in their home countries and making information 
about such prosecutions publicly available on the website of the United 
Nations:  Provided further, <<NOTE: Procedures. Human rights.>> That the 
Secretary of State shall work with the United Nations and foreign 
governments contributing peacekeeping troops to implement effective 
vetting procedures to ensure that such troops have not violated human 
rights:  Provided further, <<NOTE: Determination.>> That funds shall be 
available for peacekeeping expenses unless the Secretary of State 
determines that United States manufacturers and suppliers are not being 
given opportunities to provide equipment, services, and material for 
United Nations peacekeeping activities equal to those being given to 
foreign manufacturers and suppliers:  Provided further, 
That <<NOTE: President. Recommenda- tions.>>  none of the funds 
appropriated or otherwise made available under this heading may be used 
for any United Nations peacekeeping mission that will involve United 
States Armed Forces under the command or operational control of a 
foreign national, unless the President's military advisors have 
submitted to the President a recommendation that such involvement is in 
the national interest of the United States and the President has 
submitted to Congress such a recommendation:  Provided 
further, <<NOTE: Notification.>> That any payment of arrearages with 
funds appropriated by this Act shall be subject to the regular 
notification procedures of the Committees on Appropriations.

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

    For necessary expenses, not otherwise provided for, to meet 
obligations of the United States arising under treaties, or specific 
Acts of Congress, as follows:

  international boundary and water commission, united states and mexico

    For <<NOTE: Compliance.>> necessary expenses for the United States 
Section of the International Boundary and Water Commission, United 
States and Mexico, and to comply with laws applicable to the United 
States Section, including not to exceed $6,000 for representation 
expenses, as follows:

                          salaries and expenses

    For salaries and expenses, not otherwise provided for, $57,935,000, 
of which $8,690,000 may remain available until September 30, 2024.

                              construction

    For detailed plan preparation and construction of authorized 
projects, $53,030,000, to remain available until expended, as 
authorized:  Provided, <<NOTE: Transfer authority. Notification.>> That 
of the funds appropriated under this heading in this Act and prior Acts 
making appropriations for the Department of State, foreign operations, 
and related programs for the United States Section, up to $5,000,000 may 
be transferred to, and merged with, funds appropriated under the heading 
``Salaries and Expenses'' to carry out the purposes of the United States 
Section, which shall be subject to prior consultation with, and the 
regular notification procedures of, the Committees on Appropriations:  
Provided further, That such transfer authority is in addition to any 
other transfer authority provided in this Act.

[[Page 136 STAT. 4980]]

              american sections, international commissions

    For necessary expenses, not otherwise provided, for the 
International Joint Commission and the International Boundary 
Commission, United States and Canada, as authorized by treaties between 
the United States and Canada or Great Britain, and for technical 
assistance grants and the Community Assistance Program of the North 
American Development Bank, $16,204,000:  Provided, That of the amount 
provided under this heading for the International Joint Commission, up 
to $1,250,000 may remain available until September 30, 2024, and up to 
$9,000 may be made available for representation expenses:  Provided 
further, That of the amount provided under this heading for the 
International Boundary Commission, up to $1,000 may be made available 
for representation expenses.

                   international fisheries commissions

    For necessary expenses for international fisheries commissions, not 
otherwise provided for, as authorized by law, $65,719,000:  Provided, 
That the United States share of such expenses may be advanced to the 
respective commissions pursuant to section 3324 of title 31, United 
States Code.

                             RELATED AGENCY

                  United States Agency for Global Media

                  international broadcasting operations

    For necessary expenses to enable the United States Agency for Global 
Media (USAGM), as authorized, to carry out international communication 
activities, and to make and supervise grants for radio, Internet, and 
television broadcasting to the Middle East, $875,000,000, of which 
$43,750,000 may remain available until September 30, 2024:  Provided, 
That in addition to amounts otherwise available for such purposes, up to 
$60,708,000 of the amount appropriated under this heading may remain 
available until expended for satellite transmissions and Internet 
freedom programs, of which not less than $40,000,000 shall be for 
Internet freedom programs:  Provided further, That of the total amount 
appropriated under this heading, not to exceed $35,000 may be used for 
representation expenses, of which $10,000 may be used for such expenses 
within the United States as authorized, and not to exceed $30,000 may be 
used for representation expenses of Radio Free Europe/Radio Liberty:  
Provided further, <<NOTE: Allocations.>> That funds appropriated under 
this heading shall be allocated in accordance with the table included 
under this heading in the explanatory statement described in section 4 
(in the matter preceding division A of this consolidated Act):  Provided 
further, <<NOTE: Notification.>> That notwithstanding the previous 
proviso, funds may be reprogrammed within and between amounts designated 
in such table, subject to the regular notification procedures of the 
Committees on Appropriations, except that no such reprogramming may 
reduce a designated amount by more than 5 percent:  Provided further, 
That funds appropriated under this heading shall be made available in 
accordance with the principles and standards set forth in section 303(a) 
and (b) of the United States International Broadcasting Act of 1994 (22 
U.S.C.

[[Page 136 STAT. 4981]]

6202) and section 305(b) of such Act (22 U.S.C. 6204):  Provided 
further, 
That <<NOTE: Notification. Deadline. Determination. Terrorism.>> the 
USAGM Chief Executive Officer shall notify the Committees on 
Appropriations within 15 days of any determination by the USAGM that any 
of its broadcast entities, including its grantee organizations, provides 
an open platform for international terrorists or those who support 
international terrorism, or is in violation of the principles and 
standards set forth in section 303(a) and (b) of such Act or the 
entity's journalistic code of ethics:  Provided further, That in 
addition to funds made available under this heading, and notwithstanding 
any other provision of law, up to $5,000,000 in receipts from 
advertising and revenue from business ventures, up to $500,000 in 
receipts from cooperating international organizations, and up to 
$1,000,000 in receipts from privatization efforts of the Voice of 
America and the International Broadcasting Bureau, shall remain 
available until expended for carrying out authorized 
purposes: <<NOTE: Notification.>>   Provided further, That significant 
modifications to USAGM broadcast hours previously justified to Congress, 
including changes to transmission platforms (shortwave, medium wave, 
satellite, Internet, and television), for all USAGM language services 
shall be subject to the regular notification procedures of the 
Committees on Appropriations: <<NOTE: Transfer authority.>>   Provided 
further, That up to $5,000,000 from the USAGM Buying Power Maintenance 
account may be transferred to, and merged with, funds appropriated by 
this Act under the heading ``International Broadcasting Operations'', 
which shall remain available until expended:  Provided further, That 
such <<NOTE: Consultation. Notification.>> transfer authority is in 
addition to any transfer authority otherwise available under any other 
provision of law and shall be subject to prior consultation with, and 
the regular notification procedures of, the Committees on 
Appropriations.

                    broadcasting capital improvements

    For the purchase, rent, construction, repair, preservation, and 
improvement of facilities for radio, television, and digital 
transmission and reception; the purchase, rent, and installation of 
necessary equipment for radio, television, and digital transmission and 
reception, including to Cuba, as authorized; and physical security 
worldwide, in addition to amounts otherwise available for such purposes, 
$9,700,000, to remain available until expended, as authorized.

                            RELATED PROGRAMS

                           The Asia Foundation

    For a grant to The Asia Foundation, as authorized by The Asia 
Foundation Act (22 U.S.C. 4402), $22,000,000, to remain available until 
expended.

                    United States Institute of Peace

    For necessary expenses of the United States Institute of Peace, as 
authorized by the United States Institute of Peace Act (22 U.S.C. 4601 
et seq.), $55,000,000, to remain available until September 30, 2024, 
which shall not be used for construction activities.

[[Page 136 STAT. 4982]]

          Center for Middle Eastern-Western Dialogue Trust Fund

    For necessary expenses of the Center for Middle Eastern-Western 
Dialogue Trust Fund, as authorized by section 633 of the Departments of 
Commerce, Justice, and State, the Judiciary, and Related Agencies 
Appropriations Act, 2004 (22 U.S.C. 2078), the total amount of the 
interest and earnings accruing to such Fund on or before September 30, 
2023, to remain available until expended.

                 Eisenhower Exchange Fellowship Program

    For necessary expenses of Eisenhower Exchange Fellowships, 
Incorporated, as authorized by sections 4 and 5 of the Eisenhower 
Exchange Fellowship Act of 1990 (20 U.S.C. 5204-5205), all interest and 
earnings accruing to the Eisenhower Exchange Fellowship Program Trust 
Fund on or before September 30, 2023, to remain available until 
expended:  Provided, <<NOTE: Salaries. Contracts.>> That none of the 
funds appropriated herein shall be used to pay any salary or other 
compensation, or to enter into any contract providing for the payment 
thereof, in excess of the rate authorized by section 5376 of title 5, 
United States Code; or for purposes which are not in accordance with 
section 200 of title 2 of the Code of Federal Regulations, including the 
restrictions on compensation for personal services.

                    Israeli Arab Scholarship Program

    For necessary expenses of the Israeli Arab Scholarship Program, as 
authorized by section 214 of the Foreign Relations Authorization Act, 
Fiscal Years 1992 and 1993 (22 U.S.C. 2452 note), all interest and 
earnings accruing to the Israeli Arab Scholarship Fund on or before 
September 30, 2023, to remain available until expended.

                            East-West Center

    To enable the Secretary of State to provide for carrying out the 
provisions of the Center for Cultural and Technical Interchange Between 
East and West Act of 1960, by grant to the Center for Cultural and 
Technical Interchange Between East and West in the State of Hawaii, 
$22,000,000.

                    National Endowment for Democracy

    For grants made by the Department of State to the National Endowment 
for Democracy, as authorized by the National Endowment for Democracy Act 
(22 U.S.C. 4412), $315,000,000, to remain available until expended, of 
which $205,632,000 shall be allocated in the traditional and customary 
manner, including for the core institutes, and $109,368,000 shall be for 
democracy programs:  Provided, That the requirements of section 7062(a) 
of this Act shall not apply to funds made available under this heading.

[[Page 136 STAT. 4983]]

                            OTHER COMMISSIONS

      Commission for the Preservation of America's Heritage Abroad

                          salaries and expenses

    For necessary expenses for the Commission for the Preservation of 
America's Heritage Abroad, $819,000, as authorized by chapter 3123 of 
title 54, United States Code:  Provided, <<NOTE: Contracts.>> That the 
Commission may procure temporary, intermittent, and other services 
notwithstanding paragraph (3) of section 312304(b) of such chapter:  
Provided further, <<NOTE: Termination date.>> That such authority shall 
terminate on October 1, 2023:  Provided 
further, <<NOTE: Notification.>> That the Commission shall notify the 
Committees on Appropriations prior to exercising such authority.

       United States Commission on International Religious Freedom

                          salaries and expenses

    For necessary expenses for the United States Commission on 
International Religious Freedom, as authorized by title II of the 
International Religious Freedom Act of 1998 (22 U.S.C. 6431 et seq.), 
$3,500,000, to remain available until September 30, 2024, including not 
more than $4,000 for representation expenses.

            Commission on Security and Cooperation in Europe

                          salaries and expenses

    For necessary expenses of the Commission on Security and Cooperation 
in Europe, as authorized by Public Law 94-304 (22 U.S.C. 3001 et seq.), 
$2,908,000, including not more than $6,000 for representation expenses, 
to remain available until September 30, 2024.

  Congressional-Executive Commission on the People's Republic of China

                          salaries and expenses

    For necessary expenses of the Congressional-Executive Commission on 
the People's Republic of China, as authorized by title III of the U.S.-
China Relations Act of 2000 (22 U.S.C. 6911 et seq.), $2,300,000, 
including not more than $3,000 for representation expenses, to remain 
available until September 30, 2024.

       United States-China Economic and Security Review Commission

                          salaries and expenses

    For necessary expenses of the United States-China Economic and 
Security Review Commission, as authorized by section 1238 of the Floyd 
D. Spence National Defense Authorization Act for Fiscal Year 2001 (22 
U.S.C. 7002), $4,000,000, including not more than $4,000 for 
representation expenses, to remain available until

[[Page 136 STAT. 4984]]

September 30, 2024:  Provided, <<NOTE: Extension. Applicability.>> That 
the authorities, requirements, limitations, and conditions contained in 
the second through fifth provisos under this heading in the Department 
of State, Foreign Operations, and Related Programs Appropriations Act, 
2010 (division F of Public Law 111-117) shall continue in effect during 
fiscal year 2023 and shall apply to funds appropriated under this 
heading.

                                TITLE II

           UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT

                   Funds Appropriated to the President

                           operating expenses

    For necessary expenses to carry out the provisions of section 667 of 
the Foreign Assistance Act of 1961, $1,743,350,000, of which up to 
$261,503,000 may remain available until September 30, 2024:  Provided, 
That <<NOTE: Contracts. Reports.>>  none of the funds appropriated under 
this heading and under the heading ``Capital Investment Fund'' in this 
title may be made available to finance the construction (including 
architect and engineering services), purchase, or long-term lease of 
offices for use by the United States Agency for International 
Development, unless the USAID Administrator has identified such proposed 
use of funds in a report submitted to the Committees on Appropriations 
at least 15 days prior to the obligation of funds for such purposes:  
Provided further, <<NOTE: Contracts. Time period.>> That contracts or 
agreements entered into with funds appropriated under this heading may 
entail commitments for the expenditure of such funds through the 
following fiscal year:  Provided further, <<NOTE: Transfer 
authority.>> That the authority of sections 610 and 109 of the Foreign 
Assistance Act of 1961 may be exercised by the Secretary of State to 
transfer funds appropriated to carry out chapter 1 of part I of such Act 
to ``Operating Expenses'' in accordance with the provisions of those 
sections:  Provided further, That of the funds appropriated or made 
available under this heading, not to exceed $250,000 may be available 
for representation and entertainment expenses, of which not to exceed 
$5,000 may be available for entertainment expenses, and not to exceed 
$100,500 shall be for official residence expenses, for USAID during the 
current fiscal year:  Provided further, That of the funds appropriated 
under this heading, up to $20,000,000 may be transferred to, and merged 
with, funds appropriated or otherwise made available in title II of this 
Act under the heading ``Capital Investment Fund'', subject to prior 
consultation with, and the regular notification procedures of, the 
Committees on Appropriations.

                         capital investment fund

    For necessary expenses for overseas construction and related costs, 
and for the procurement and enhancement of information technology and 
related capital investments, pursuant to section 667 of the Foreign 
Assistance Act of 1961, $259,100,000, to remain available until 
expended:  Provided, That this amount is in addition to funds otherwise 
available for such purposes:  Provided further, That 
funds <<NOTE: Notification.>>  appropriated under this heading shall be 
available

[[Page 136 STAT. 4985]]

subject to the regular notification procedures of the Committees on 
Appropriations.

                       office of inspector general

    For necessary expenses to carry out the provisions of section 667 of 
the Foreign Assistance Act of 1961, $80,500,000, of which up to 
$12,075,000 may remain available until September 30, 2024, for the 
Office of Inspector General of the United States Agency for 
International Development.

                                TITLE III

                      BILATERAL ECONOMIC ASSISTANCE

                   Funds Appropriated to the President

    For necessary expenses to enable the President to carry out the 
provisions of the Foreign Assistance Act of 1961, and for other 
purposes, as follows:

                         global health programs

    For <<NOTE: Apportionment.>> necessary expenses to carry out the 
provisions of chapters 1 and 10 of part I of the Foreign Assistance Act 
of 1961, for global health activities, in addition to funds otherwise 
available for such purposes, $4,165,950,000, to remain available until 
September 30, 2024, and which shall be apportioned directly to the 
United States Agency for International Development:  Provided, That 
this <<NOTE: HIV/AIDS. Tuberculosis. Polio. Malaria. Zoonotic 
diseases.>>  amount shall be made available for training, equipment, and 
technical assistance to build the capacity of public health institutions 
and organizations in developing countries, and for such activities as: 
(1) child survival and maternal health programs; (2) immunization and 
oral rehydration programs; (3) other health, nutrition, water and 
sanitation programs which directly address the needs of mothers and 
children, and related education programs; (4) assistance for children 
displaced or orphaned by causes other than AIDS; (5) programs for the 
prevention, treatment, control of, and research on HIV/AIDS, 
tuberculosis, polio, malaria, and other infectious diseases including 
neglected tropical diseases, and for assistance to communities severely 
affected by HIV/AIDS, including children infected or affected by AIDS; 
(6) disaster preparedness training for health crises; (7) programs to 
prevent, prepare for, and respond to unanticipated and emerging global 
health threats, including zoonotic diseases; and (8) family planning/
reproductive health:  Provided further, That funds appropriated under 
this paragraph may be made available for United States contributions to 
The GAVI Alliance and to a multilateral vaccine development partnership 
to support epidemic preparedness:  Provided further, 
That <<NOTE: Determination. President. Abortion.>>  none of the funds 
made available in this Act nor any unobligated balances from prior 
appropriations Acts may be made available to any organization or program 
which, as determined by the President of the United States, supports or 
participates in the management of a program of coercive abortion or 
involuntary sterilization:  Provided further, That <<NOTE: Deadline.>>  
any determination made under the previous proviso must be made not later 
than 6 months after the date of enactment of this Act, and must be 
accompanied by the evidence and criteria utilized to make the

[[Page 136 STAT. 4986]]

determination:  Provided further, <<NOTE: Abortion.>> That none of the 
funds made available under this Act may be used to pay for the 
performance of abortion as a method of family planning or to motivate or 
coerce any person to practice abortions:  Provided further, That nothing 
in this paragraph shall be construed to alter any existing statutory 
prohibitions against abortion under section 104 of the Foreign 
Assistance Act of 1961:  Provided 
further, <<NOTE: Lobbying. Abortion.>> That none of the funds made 
available under this Act may be used to lobby for or against abortion:  
Provided further, That <<NOTE: Family 
planning. Requirements. Determination. Reports.>>  in order to reduce 
reliance on abortion in developing nations, funds shall be available 
only to voluntary family planning projects which offer, either directly 
or through referral to, or information about access to, a broad range of 
family planning methods and services, and that any such voluntary family 
planning project shall meet the following requirements: (1) service 
providers or referral agents in the project shall not implement or be 
subject to quotas, or other numerical targets, of total number of 
births, number of family planning acceptors, or acceptors of a 
particular method of family planning (this provision shall not be 
construed to include the use of quantitative estimates or indicators for 
budgeting and planning purposes); (2) the project shall not include 
payment of incentives, bribes, gratuities, or financial reward to: (A) 
an individual in exchange for becoming a family planning acceptor; or 
(B) program personnel for achieving a numerical target or quota of total 
number of births, number of family planning acceptors, or acceptors of a 
particular method of family planning; (3) the project shall not deny any 
right or benefit, including the right of access to participate in any 
program of general welfare or the right of access to health care, as a 
consequence of any individual's decision not to accept family planning 
services; (4) the project shall provide family planning acceptors 
comprehensible information on the health benefits and risks of the 
method chosen, including those conditions that might render the use of 
the method inadvisable and those adverse side effects known to be 
consequent to the use of the method; and (5) the project shall ensure 
that experimental contraceptive drugs and devices and medical procedures 
are provided only in the context of a scientific study in which 
participants are advised of potential risks and benefits; and, not less 
than 60 days after the date on which the USAID Administrator determines 
that there has been a violation of the requirements contained in 
paragraph (1), (2), (3), or (5) of this proviso, or a pattern or 
practice of violations of the requirements contained in paragraph (4) of 
this proviso, the Administrator shall submit to the Committees on 
Appropriations a report containing a description of such violation and 
the corrective action taken by the Agency:  Provided further, 
That <<NOTE: Grants. Discrimination. Compliance.>>  in awarding grants 
for natural family planning under section 104 of the Foreign Assistance 
Act of 1961 no applicant shall be discriminated against because of such 
applicant's religious or conscientious commitment to offer only natural 
family planning; and, additionally, all such applicants shall comply 
with the requirements of the previous proviso:  Provided further, 
That <<NOTE: Definition.>>  for purposes of this or any other Act 
authorizing or appropriating funds for the Department of State, foreign 
operations, and related programs, the term ``motivate'', as it relates 
to family planning assistance, shall not be construed to prohibit the 
provision, consistent with local law, of information or counseling about 
all pregnancy options:  Provided further, <<NOTE: Condoms.>> That 
information provided about the use of condoms as part of projects or 
activities

[[Page 136 STAT. 4987]]

that are funded from amounts appropriated by this Act shall be medically 
accurate and shall include the public health benefits and failure rates 
of such use.

    In addition, <<NOTE: Apportionment.>> for necessary expenses to 
carry out the provisions of the Foreign Assistance Act of 1961 for the 
prevention, treatment, and control of, and research on, HIV/AIDS, 
$6,395,000,000, to remain available until September 30, 2027, which 
shall be apportioned directly to the Department of State:  Provided, 
That funds appropriated under this paragraph may be made available, 
notwithstanding any other provision of law, except for the United States 
Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003 
(Public Law 108-25), for a United States contribution to the Global Fund 
to Fight AIDS, Tuberculosis and Malaria (Global Fund):  Provided 
further, That the amount of such contribution shall be $2,000,000,000:  
Provided further, <<NOTE: Notification.>> That up to 5 percent of the 
aggregate amount of funds made available to the Global Fund in fiscal 
year 2023 may be made available to USAID for technical assistance 
related to the activities of the Global Fund, subject to the regular 
notification procedures of the Committees on Appropriations:  Provided 
further, That of the funds appropriated under this paragraph, up to 
$17,000,000 may be made available, in addition to amounts otherwise 
available for such purposes, for administrative expenses of the Office 
of the United States Global AIDS Coordinator.

                         development assistance

    For necessary expenses to carry out the provisions of sections 103, 
105, 106, 214, and sections 251 through 255, and chapter 10 of part I of 
the Foreign Assistance Act of 1961, $4,368,613,000, to remain available 
until September 30, 2024:  Provided, <<NOTE: Apportionment.>> That funds 
made available under this heading shall be apportioned to the United 
States Agency for International Development.

                    international disaster assistance

    For necessary expenses to carry out the provisions of section 491 of 
the Foreign Assistance Act of 1961 for international disaster relief, 
rehabilitation, and reconstruction assistance, $3,905,460,000, to remain 
available until expended:  Provided, <<NOTE: Apportionment. Deadline.>>  
That funds made available under this heading shall be apportioned to the 
United States Agency for International Development not later than 60 
days after the date of enactment of this Act.

                         transition initiatives

    For necessary expenses for international disaster rehabilitation and 
reconstruction assistance administered by the Office of Transition 
Initiatives, United States Agency for International Development, 
pursuant to section 491 of the Foreign Assistance Act of 1961, and to 
support transition to democracy and long-term development of countries 
in crisis, $80,000,000, to remain available until expended:  Provided, 
That such support may include assistance to develop, strengthen, or 
preserve democratic institutions and processes, revitalize basic 
infrastructure, and foster the peaceful resolution of conflict:  
Provided further, <<NOTE: Reports.>> That the USAID Administrator shall 
submit a report to the Committees on Appropriations at least 5 days 
prior to beginning a new, or terminating a, program

[[Page 136 STAT. 4988]]

of assistance:  Provided further, <<NOTE: Determination.>> That if the 
Secretary of State determines that it is important to the national 
interest of the United States to provide transition assistance in excess 
of the amount appropriated under this heading, up to $15,000,000 of the 
funds appropriated by this Act to carry out the provisions of part I of 
the Foreign Assistance Act of 1961 may be used for purposes of this 
heading and under the authorities applicable to funds appropriated under 
this heading:  Provided further, <<NOTE: Consultation.>> That funds made 
available pursuant to the previous proviso shall be made available 
subject to prior consultation with the Committees on Appropriations.

                           complex crises fund

    For necessary expenses to carry out the provisions of section 509(b) 
of the Global Fragility Act of 2019 (title V of division J of Public Law 
116-94), $60,000,000, to remain available until expended:  Provided, 
That funds appropriated under this heading may be made available 
notwithstanding any other provision of law, except sections 7007, 7008, 
and 7018 of this Act and section 620M of the Foreign Assistance Act of 
1961:  Provided further, That funds <<NOTE: Apportionment.>>  
appropriated under this heading shall be apportioned to the United 
States Agency for International Development.

                          economic support fund

    For necessary expenses to carry out the provisions of chapter 4 of 
part II of the Foreign Assistance Act of 1961, $4,301,301,000, to remain 
available until September 30, 2024.

                             democracy fund

    For necessary expenses to carry out the provisions of the Foreign 
Assistance Act of 1961 for the promotion of democracy globally, 
including to carry out the purposes of section 502(b)(3) and (5) of 
Public Law 98-164 (22 U.S.C. 4411), $222,450,000, to remain available 
until September 30, 2024, which shall be made available for the Human 
Rights and Democracy Fund of the Bureau of Democracy, Human Rights, and 
Labor, Department of State:  Provided, That funds appropriated under 
this heading that are made available to the National Endowment for 
Democracy and its core institutes are in addition to amounts otherwise 
made available by this Act for such purposes:  Provided 
further, <<NOTE: Consultation.>> That the Assistant Secretary for 
Democracy, Human Rights, and Labor, Department of State, shall consult 
with the Committees on Appropriations prior to the initial obligation of 
funds appropriated under this paragraph.

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

             assistance for europe, eurasia and central asia

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

[[Page 136 STAT. 4989]]

available until September 30, 2024, which shall be available, 
notwithstanding any other provision of law, except section 7047 of this 
Act, for assistance and related programs for countries identified in 
section 3 of the FREEDOM Support Act (22 U.S.C. 5801) and section 3(c) 
of the SEED Act of 1989 (22 U.S.C. 5402), in addition to funds otherwise 
available for such purposes:  Provided, That funds appropriated by this 
Act under the headings ``Global Health Programs'', ``Economic Support 
Fund'', and ``International Narcotics Control and Law Enforcement'' that 
are made available for assistance for such countries shall be 
administered in accordance with the responsibilities of the coordinator 
designated pursuant to section 102 of the FREEDOM Support Act and 
section 601 of the SEED Act of 1989:  Provided further, That funds 
appropriated under this heading shall be considered to be economic 
assistance under the Foreign Assistance Act of 1961 for purposes of 
making available the administrative authorities contained in that Act 
for the use of economic assistance:  Provided further, That funds 
appropriated under this heading may be made available for contributions 
to multilateral initiatives to counter hybrid threats.

                           Department of State

                    migration and refugee assistance

    For necessary expenses not otherwise provided for, to enable the 
Secretary of State to carry out the provisions of section 2(a) and (b) 
of the Migration and Refugee Assistance Act of 1962 (22 U.S.C. 2601), 
and other activities to meet refugee and migration needs; salaries and 
expenses of personnel and dependents as authorized by the Foreign 
Service Act of 1980 (22 U.S.C. 3901 et seq.); allowances as authorized 
by sections 5921 through 5925 of title 5, United States Code; purchase 
and hire of passenger motor vehicles; and services as authorized by 
section 3109 of title 5, United States Code, $2,912,188,000, to remain 
available until expended, of which $5,000,000 shall be made available 
for refugees resettling in Israel.

      united states emergency refugee and migration assistance fund

    For necessary expenses to carry out the provisions of section 2(c) 
of the Migration and Refugee Assistance Act of 1962 (22 U.S.C. 2601(c)), 
$100,000, to remain available until expended:  Provided, That 
amounts <<NOTE: Transfer authority.>>  in excess of the limitation 
contained in paragraph (2) of such section shall be transferred to, and 
merged with, funds made available by this Act under the heading 
``Migration and Refugee Assistance''.

                          Independent Agencies

                               peace corps

                      (including transfer of funds)

    For necessary expenses to carry out the provisions of the Peace 
Corps Act (22 U.S.C. 2501 et seq.), including the purchase of not to 
exceed five passenger motor vehicles for administrative purposes for use 
outside of the United States, $430,500,000, of which

[[Page 136 STAT. 4990]]

$7,300,000 is for the Office of Inspector General, to remain available 
until September 30, 2024:  Provided, That the Director of the Peace 
Corps may transfer to the Foreign Currency Fluctuations Account, as 
authorized by section 16 of the Peace Corps Act (22 U.S.C. 2515), an 
amount not to exceed $5,000,000:  Provided further, That funds 
transferred pursuant to the previous proviso may not be derived from 
amounts made available for Peace Corps overseas operations:  Provided 
further, That of the funds appropriated under this heading, not to 
exceed $104,000 may be available for representation expenses, of which 
not to exceed $4,000 may be made available for entertainment 
expenses: <<NOTE: Consultation.>>   Provided further, That in addition 
to the requirements under section 7015(a) of this Act, the Peace Corps 
shall consult with the Committees on Appropriations prior to any 
decision to open, close, or suspend a domestic or overseas office or a 
country program unless there is a substantial risk to volunteers or 
other Peace Corps personnel: <<NOTE: Abortions.>>   Provided further, 
That none of the funds appropriated under this heading shall be used to 
pay for abortions:  Provided further, <<NOTE: Applicability.>> That 
notwithstanding the previous proviso, section 614 of division E of 
Public Law 113-76 shall apply to funds appropriated under this heading.

                    millennium challenge corporation

    For necessary expenses to carry out the provisions of the Millennium 
Challenge Act of 2003 (22 U.S.C. 7701 et seq.) (MCA), $930,000,000, to 
remain available until expended:  Provided, That of the funds 
appropriated under this heading, up to $130,000,000 may be available for 
administrative expenses of the Millennium Challenge Corporation:  
Provided further, <<NOTE: Applicability.>> That section 605(e) of the 
MCA (22 U.S.C. 7704(e)) shall apply to funds appropriated under this 
heading:  Provided further, That funds appropriated under this heading 
may be made available for a Millennium Challenge Compact entered into 
pursuant to section 609 of the MCA (22 U.S.C. 7708) only if such Compact 
obligates, or contains a commitment to obligate subject to the 
availability of funds and the mutual agreement of the parties to the 
Compact to proceed, the entire amount of the United States Government 
funding anticipated for the duration of the Compact:  Provided further, 
That of the funds appropriated under this heading, not to exceed 
$100,000 may be available for representation and entertainment expenses, 
of which not to exceed $5,000 may be available for entertainment 
expenses.

                        inter-american foundation

    For necessary expenses to carry out the functions of the Inter-
American Foundation in accordance with the provisions of section 401 of 
the Foreign Assistance Act of 1969, $47,000,000, to remain available 
until September 30, 2024:  Provided, That of the funds appropriated 
under this heading, not to exceed $2,000 may be available for 
representation expenses.

              united states african development foundation

    For necessary expenses to carry out the African Development 
Foundation Act (title V of Public Law 96-533; 22 U.S.C. 290h et seq.), 
$45,000,000, to remain available until September 30, 2024, of which not 
to exceed $2,000 may be available for representation

[[Page 136 STAT. 4991]]

expenses:  Provided, That funds made available to grantees may be 
invested pending expenditure for project purposes when authorized by the 
Board of Directors of the United States African Development Foundation 
(USADF):  Provided further, That interest earned shall be used only for 
the purposes for which the grant was made:  Provided 
further, <<NOTE: Waiver authority.>> That notwithstanding section 
505(a)(2) of the African Development Foundation Act (22 U.S.C. 290h-
3(a)(2)), in exceptional circumstances the Board of Directors of the 
USADF may waive the $250,000 limitation contained in that section with 
respect to a project and a project may exceed the limitation by up to 10 
percent if the increase is due solely to foreign currency fluctuation:  
Provided further, <<NOTE: Reports.>> That the USADF shall submit a 
report to the appropriate congressional committees after each time such 
waiver authority is exercised:  Provided 
further, <<NOTE: Payments.>> That the USADF may make rent or lease 
payments in advance from appropriations available for such purpose for 
offices, buildings, grounds, and quarters in Africa as may be necessary 
to carry out its functions:  Provided further, That the USADF may 
maintain bank accounts outside the United States Treasury and retain any 
interest earned on such accounts, in furtherance of the purposes of the 
African Development Foundation Act:  Provided further, That the USADF 
may not withdraw any appropriation from the Treasury prior to the need 
of spending such funds for program purposes.

                       Department of the Treasury

               international affairs technical assistance

    For necessary expenses to carry out the provisions of section 129 of 
the Foreign Assistance Act of 1961, $38,000,000, to remain available 
until expended, of which not more than $9,500,000 may be used for 
administrative expenses:  Provided, <<NOTE: Contracts.>> That amounts 
made available under this heading may be made available to contract for 
services as described in section 129(d)(3)(A) of the Foreign Assistance 
Act of 1961, without regard to the location in which such services are 
performed.

                           debt restructuring

    For <<NOTE: President. Determination.>> ``Bilateral Economic 
Assistance--Department of the Treasury--Debt Restructuring'' there is 
appropriated $52,000,000, to remain available until September 30, 2026, 
for the costs, as defined in section 502 of the Congressional Budget Act 
of 1974, of modifying loans and loan guarantees for, or credits extended 
to, such countries as the President may determine, including the costs 
of selling, reducing, or canceling amounts owed to the United States 
pursuant to multilateral debt restructurings, including Paris Club debt 
restructurings and the ``Common Framework for Debt Treatments beyond the 
Debt Service Suspension Initiative'':  Provided, That such amounts may 
be used notwithstanding any other provision of law.

               tropical forest and coral reef conservation

    For <<NOTE: President. Determination.>> the costs, as defined in 
section 502 of the Congressional Budget Act of 1974, of modifying loans 
and loan guarantees, as

[[Page 136 STAT. 4992]]

the President may determine, for which funds have been appropriated or 
otherwise made available for programs within the International Affairs 
Budget Function 150, including the costs of selling, reducing, or 
canceling amounts owed to the United States as a result of concessional 
loans made to eligible countries pursuant to part V of the Foreign 
Assistance Act of 1961, $20,000,000, to remain available until September 
30, 2026.

                                TITLE IV

                    INTERNATIONAL SECURITY ASSISTANCE

                           Department of State

           international narcotics control and law enforcement

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

     nonproliferation, anti-terrorism, demining and related programs

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

[[Page 136 STAT. 4993]]

provision of law, including activities implemented through 
nongovernmental and international organizations, and section 301 of the 
Foreign Assistance Act of 1961 for a United States contribution to the 
Comprehensive Nuclear Test Ban Treaty Preparatory Commission, and for a 
voluntary contribution to the International Atomic Energy Agency (IAEA): 
 Provided, <<NOTE: Notification.>> That funds made available under this 
heading for the Nonproliferation and Disarmament Fund shall be made 
available, notwithstanding any other provision of law and subject to 
prior consultation with, and the regular notification procedures of, the 
Committees on Appropriations, to promote bilateral and multilateral 
activities relating to nonproliferation, disarmament, and weapons 
destruction, and shall remain available until expended:  Provided 
further, That such funds may also be used for such countries other than 
the Independent States of the former Soviet Union and international 
organizations when it is in the national security interest of the United 
States to do so:  Provided 
further, <<NOTE: Determination. Israel.>> That funds appropriated under 
this heading may be made available for the IAEA unless the Secretary of 
State determines that Israel is being denied its right to participate in 
the activities of that Agency:  Provided further, 
That <<NOTE: Notification.>>  funds made available for conventional 
weapons destruction programs, including demining and related activities, 
in addition to funds otherwise available for such purposes, may be used 
for administrative expenses related to the operation and management of 
such programs and activities, subject to the regular notification 
procedures of the Committees on Appropriations.

                         peacekeeping operations

    For necessary expenses to carry out the provisions of section 551 of 
the Foreign Assistance Act of 1961, $460,759,000, of which $330,000,000 
may remain available until September 30, 2024:  Provided, That funds 
appropriated under this heading may be used, notwithstanding section 660 
of the Foreign Assistance Act of 1961, to provide assistance to enhance 
the capacity of foreign civilian security forces, including gendarmes, 
to participate in peacekeeping operations:  Provided further, That of 
the funds appropriated under this heading, not less than $25,000,000 
shall be made available for a United States contribution to the 
Multinational Force and Observers mission in the Sinai:  Provided 
further, That funds appropriated under this heading may be made 
available to pay assessed expenses of international peacekeeping 
activities in Somalia under the same terms and conditions, as 
applicable, as funds appropriated by this Act under the heading 
``Contributions for International Peacekeeping Activities'':  Provided 
further, That <<NOTE: Notification.>>  funds appropriated under this 
heading shall be subject to the regular notification procedures of the 
Committees on Appropriations.

                   Funds Appropriated to the President

              international military education and training

    For necessary expenses to carry out the provisions of section 541 of 
the Foreign Assistance Act of 1961, $112,925,000, to remain available 
until September 30, 2024:  Provided, That the civilian personnel for 
whom military education and training may be provided under this heading 
may include civilians who are not members of a government whose 
participation would contribute to

[[Page 136 STAT. 4994]]

improved civil-military relations, civilian control of the military, or 
respect for human rights:  Provided 
further, <<NOTE: Consultation.>> That of the funds appropriated under 
this heading, $3,000,000 shall remain available until expended to 
increase the participation of women in programs and activities funded 
under this heading, following consultation with the Committees on 
Appropriations:  Provided further, That of the funds appropriated under 
this heading, not to exceed $50,000 may be available for entertainment 
expenses.

                   foreign military financing program

    For necessary expenses for grants to enable the President to carry 
out the provisions of section 23 of the Arms Export Control Act (22 
U.S.C. 2763), $6,053,049,000:  
Provided, <<NOTE: Consultation. Notification. Contracts.>> That to 
expedite the provision of assistance to foreign countries and 
international organizations, the Secretary of State, following 
consultation with the Committees on Appropriations and subject to the 
regular notification procedures of such Committees, may use the funds 
appropriated under this heading to procure defense articles and services 
to enhance the capacity of foreign security forces:  Provided further, 
That funds appropriated or otherwise made available under this heading 
shall be nonrepayable notwithstanding any requirement in section 23 of 
the Arms Export Control Act:  Provided further, 
That <<NOTE: Apportionment.>> funds made available under this heading 
shall be obligated upon apportionment in accordance with paragraph 
(5)(C) of section 1501(a) of title 31, United States Code.

    None of <<NOTE: Contracts.>>  the funds made available under this 
heading shall be available to finance the procurement of defense 
articles, defense services, or design and construction services that are 
not sold by the United States Government under the Arms Export Control 
Act unless the foreign country proposing to make such procurement has 
first signed an agreement with the United States Government specifying 
the conditions under which such procurement may be financed with such 
funds:  Provided, <<NOTE: Notification.>> That all country and funding 
level increases in allocations shall be submitted through the regular 
notification procedures of section 7015 of this Act:  Provided further, 
That funds made available under this heading may be used, 
notwithstanding any other provision of law, for demining, the clearance 
of unexploded ordnance, and related activities, and may include 
activities implemented through nongovernmental and international 
organizations:  Provided further, That a country that is a member of the 
North Atlantic Treaty Organization (NATO) or is a major non-NATO ally 
designated by section 517(b) of the Foreign Assistance Act of 1961 may 
utilize funds made available under this heading for procurement of 
defense articles, defense services, or design and construction services 
that are not sold by the United States Government under the Arms Export 
Control Act:  Provided further, That funds appropriated under this 
heading shall be expended at the minimum rate necessary to make timely 
payment for defense articles and services:  Provided 
further, <<NOTE: Notification.>> That not more than $70,000,000 of the 
funds appropriated under this heading may be obligated for necessary 
expenses, including the purchase of passenger motor vehicles for 
replacement only for use outside of the United States, for the general 
costs of administering military assistance and sales, except that this 
limitation may be exceeded only through the regular notification 
procedures of the Committees

[[Page 136 STAT. 4995]]

on Appropriations:  Provided further, That of the funds made available 
under this heading for general costs of administering military 
assistance and sales, not to exceed $4,000 may be available for 
entertainment expenses and not to exceed $130,000 may be available for 
representation expenses:  Provided further, <<NOTE: Notification.>> That 
not more than $1,253,810,229 of funds realized pursuant to section 
21(e)(1)(A) of the Arms Export Control Act (22 U.S.C. 2761(e)(1)(A)) may 
be obligated for expenses incurred by the Department of Defense during 
fiscal year 2023 pursuant to section 43(b) of the Arms Export Control 
Act (22 U.S.C. 2792(b)), except that this limitation may be exceeded 
only through the regular notification procedures of the Committees on 
Appropriations.

                                 TITLE V

                         MULTILATERAL ASSISTANCE

                   Funds Appropriated to the President

                international organizations and programs

    For necessary expenses to carry out the provisions of section 301 of 
the Foreign Assistance Act of 1961, $508,600,000:  Provided, That 
section 307(a) of the Foreign Assistance Act of 1961 shall not apply to 
contributions to the United Nations Democracy Fund:  Provided 
further, <<NOTE: Deadline. Consultation. Notification.>> That not later 
than 60 days after the date of enactment of this Act, such funds shall 
be made available for core contributions for each entity listed in the 
table under this heading in the explanatory statement described in 
section 4 (in the matter preceding division A of this consolidated Act) 
unless otherwise provided for in this Act, or if the Secretary of State 
has justified to the Committees on Appropriations the proposed uses of 
funds other than for core contributions following prior consultation 
with, and subject to the regular notification procedures of, such 
Committees.

                  International Financial Institutions

                       global environment facility

    For payment to the International Bank for Reconstruction and 
Development as trustee for the Global Environment Facility by the 
Secretary of the Treasury, $150,200,000, to remain available until 
expended.

                contribution to the clean technology fund

    For contribution to the Clean Technology Fund, $125,000,000, to 
remain available until expended:  Provided, That up to $125,000,000 of 
such amount shall be available to cover costs, as defined in section 502 
of the Congressional Budget Act of 1974, of direct loans issued to the 
Clean Technology Fund:  Provided further, That such funds are available 
to subsidize gross obligations for the principal amount of direct loans 
without limitation.

[[Page 136 STAT. 4996]]

     contribution to the international bank for reconstruction and 
                               development

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

              limitation on callable capital subscriptions

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

        contribution to the international development association

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

               contribution to the asian development fund

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

              contribution to the african development bank

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

              limitation on callable capital subscriptions

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

              contribution to the african development fund

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

   contribution to the international fund for agricultural development

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

              global agriculture and food security program

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

[[Page 136 STAT. 4997]]

 contributions to the international monetary fund facilities and trust 
                                  funds

    For contribution by the Secretary of the Treasury to the Poverty 
Reduction and Growth Trust or the Resilience and Sustainability Trust of 
the International Monetary Fund, $20,000,000, to remain available until 
September 30, 2031.

                                TITLE VI

                    EXPORT AND INVESTMENT ASSISTANCE

                 Export-Import Bank of the United States

                            inspector general

    For necessary expenses of the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978 (5 
U.S.C. App.), $7,500,000, of which up to $1,125,000 may remain available 
until September 30, 2024.

program <<NOTE: Contracts.>> account

    The Export-Import Bank of the United States is authorized to make 
such expenditures within the limits of funds and borrowing authority 
available to such corporation, and in accordance with law, and to make 
such contracts and commitments without regard to fiscal year 
limitations, as provided by section 9104 of title 31, United States 
Code, as may be necessary in carrying out the program for the current 
fiscal year for such corporation:  Provided, That none of the funds 
available during the current fiscal year may be used to make 
expenditures, contracts, or commitments for the export of nuclear 
equipment, fuel, or technology to any country, other than a nuclear-
weapon state as defined in Article IX of the Treaty on the Non-
Proliferation of Nuclear Weapons eligible to receive economic or 
military assistance under this Act, that has detonated a nuclear 
explosive after the date of enactment of this Act.

                         administrative expenses

    For administrative expenses to carry out the direct and guaranteed 
loan and insurance programs, including hire of passenger motor vehicles 
and services as authorized by section 3109 of title 5, United States 
Code, and not to exceed $30,000 for official reception and 
representation expenses for members of the Board of Directors, not to 
exceed $125,000,000, of which up to $18,750,000 may remain available 
until September 30, 2024:  Provided, That the Export-Import Bank (the 
Bank) may accept, and use, payment or services provided by transaction 
participants for legal, financial, or technical services in connection 
with any transaction for which an application for a loan, guarantee or 
insurance commitment has been made:  Provided 
further, <<NOTE: Extension. 12 USC 635a note.>> That notwithstanding 
subsection (b) of section 117 of the Export Enhancement Act of 1992, 
subsection (a) of such section shall remain in effect until September 
30, 2023:  Provided further, <<NOTE: Fees.>> That the Bank shall charge 
fees for necessary expenses (including special services performed on a 
contract or fee basis, but not including other personal services) in 
connection

[[Page 136 STAT. 4998]]

with the collection of moneys owed the Bank, repossession or sale of 
pledged collateral or other assets acquired by the Bank in satisfaction 
of moneys owed the Bank, or the investigation or appraisal of any 
property, or the evaluation of the legal, financial, or technical 
aspects of any transaction for which an application for a loan, 
guarantee or insurance commitment has been made, or systems 
infrastructure directly supporting transactions:  Provided further, That 
in addition to other funds appropriated for administrative expenses, 
such fees shall be credited to this account for such purposes, to remain 
available until expended.

                      program budget appropriations

    For the cost of direct loans, loan guarantees, insurance, and tied-
aid grants as authorized by section 10 of the Export-Import Bank Act of 
1945, as amended, not to exceed $15,000,000, to remain available until 
September 30, 2026:  Provided, That such costs, including the cost of 
modifying such loans, shall be as defined in section 502 of the 
Congressional Budget Act of 1974:  Provided further, 
That <<NOTE: Disbursement. Loans. Grants. Time periods.>>  such funds 
shall remain available until September 30, 2038, for the disbursement of 
direct loans, loan guarantees, insurance and tied-aid grants obligated 
in fiscal years 2023 through 2026.

                           receipts collected

    Receipts collected pursuant to the Export-Import Bank Act of 1945 
(Public Law 79-173) and the Federal Credit Reform Act of 1990, in an 
amount not to exceed the amount appropriated herein, shall be credited 
as offsetting collections to this account:  Provided, 
That <<NOTE: Reduction.>>  the sums herein appropriated from the General 
Fund shall be reduced on a dollar-for-dollar basis by such offsetting 
collections so as to result in a final fiscal year appropriation from 
the General Fund estimated at $0.

       United States International Development Finance Corporation

                            inspector general

    For necessary expenses of the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978 (5 
U.S.C. App.), $5,583,000, to remain available until September 30, 2024.

                        corporate capital account

    The United States International Development Finance Corporation (the 
Corporation) is authorized to make such expenditures and commitments 
within the limits of funds and borrowing authority available to the 
Corporation, and in accordance with the law, and to make such 
expenditures and commitments without regard to fiscal year limitations, 
as provided by section 9104 of title 31, United States Code, as may be 
necessary in carrying out the programs for the current fiscal year for 
the Corporation:  Provided, That for necessary expenses of the 
activities described in subsections (b), (c), (e), (f), and (g) of 
section 1421 of the BUILD

[[Page 136 STAT. 4999]]

Act of 2018 (division F of Public Law 115-254) and for administrative 
expenses to carry out authorized activities and project-specific 
transaction costs described in section 1434(d) of such Act, 
$1,000,000,000:  Provided further, That of the amount provided--
            (1) $220,000,000 shall remain available until September 30, 
        2025, for administrative expenses to carry out authorized 
        activities (including an amount for official reception and 
        representation expenses which shall not exceed $25,000) and 
        project-specific transaction costs as described in section 
        1434(k) of such Act; and
            (2) $780,000,000 shall remain available until September 30, 
        2025, for the activities described in subsections (b), (c), (e), 
        (f), and (g) of section 1421 of the BUILD Act of 2018, except 
        such amounts obligated in a fiscal year for activities described 
        in section 1421(c) of such Act shall remain available for 
        disbursement for the term of the underlying project:  Provided 
        further, That amounts made available under this paragraph may be 
        paid to the ``United States International Development Finance 
        Corporation--Program Account'' for programs authorized by 
        subsections (b), (e), (f), and (g) of section 1421 of the BUILD 
        Act of 2018:

  Provided further, <<NOTE: Consultation. Notification.>> That funds may 
only be obligated pursuant to section 1421(g) of the BUILD Act of 2018 
subject to prior consultation with the appropriate congressional 
committees and the regular notification procedures of the Committees on 
Appropriations:  Provided further, That <<NOTE: Consultation.>>  funds 
appropriated by this Act and prior Acts making appropriations for the 
Department of State, foreign operations, and related programs for 
support by the Corporation in upper-middle income countries shall be 
subject to prior consultation with the Committees on Appropriations:  
Provided further, <<NOTE: Collections.>> That in fiscal year 2023 
collections of amounts described in section 1434(h) of the BUILD Act of 
2018 shall be credited as offsetting collections to this appropriation:  
Provided further, That such collections collected in fiscal year 2023 in 
excess of $1,000,000,000 shall be credited to this account and shall be 
available in future fiscal years only to the extent provided in advance 
in appropriations Acts:  Provided further, That in fiscal year 2023, if 
such collections are less than $1,000,000,000, receipts collected 
pursuant to the BUILD Act of 2018 and the Federal Credit Reform Act of 
1990, in an amount equal to such shortfall, shall be credited as 
offsetting collections to this appropriation:  Provided further, That 
funds appropriated or otherwise made available under this heading may 
not be used to provide any type of assistance that is otherwise 
prohibited by any other provision of law or to provide assistance to any 
foreign country that is otherwise prohibited by any other provision of 
law:  Provided further, <<NOTE: Reduction.>> That the sums herein 
appropriated from the General Fund shall be reduced on a dollar-for-
dollar basis by the offsetting collections described under this heading 
so as to result in a final fiscal year appropriation from the General 
Fund estimated at $588,000,000.

program <<NOTE: Loans.>> account

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

[[Page 136 STAT. 5000]]

paid to this account from CCA or transferred to this account pursuant to 
section 1434(j) of the BUILD Act of 2018 (division F of Public Law 115-
254) shall be available for the costs of direct and guaranteed loans 
provided by the Corporation pursuant to section 1421(b) of such Act and 
the costs of modifying loans and loan guarantees transferred to the 
Corporation pursuant to section 1463 of such Act:  Provided further, 
That such costs, including the cost of modifying such loans, shall be as 
defined in section 502 of the Congressional Budget Act of 1974:  
Provided further, <<NOTE: Disbursement. Time periods.>> That such 
amounts obligated in a fiscal year shall remain available for 
disbursement for the following 8 fiscal years:  Provided further, That 
funds <<NOTE: Time period.>>  made available in this Act and transferred 
to carry out the Foreign Assistance Act of 1961 pursuant to section 
1434(j) of the BUILD Act of 2018 may remain available for obligation for 
1 additional fiscal year:  Provided further, That the total loan 
principal or guaranteed principal amount shall not exceed 
$8,000,000,000.

                      Trade and Development Agency

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

                                TITLE VII

                           GENERAL PROVISIONS

                      allowances and differentials

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

                       unobligated balances report

    Sec. 7002.  <<NOTE: Time periods.>> Any department or agency of the 
United States Government to which funds are appropriated or otherwise 
made available by this Act shall provide to the Committees on 
Appropriations a quarterly accounting of cumulative unobligated balances 
and obligated, but unexpended, balances by program, project, and 
activity, and Treasury Account Fund Symbol of all funds received by such 
department or agency in fiscal year 2023 or any previous fiscal year, 
disaggregated by fiscal year:  Provided, That the report required by 
this section shall be submitted not later than 30 days after the end of 
each fiscal quarter and should specify by account the amount of funds 
obligated pursuant to bilateral agreements which have not been further 
sub-obligated.

[[Page 136 STAT. 5001]]

                           consulting services

    Sec. 7003.  <<NOTE: Contracts.>> The expenditure of any 
appropriation under title I of this Act for any consulting service 
through procurement contract, pursuant to section 3109 of title 5, 
United States Code, shall be limited to those contracts where such 
expenditures are a matter of public record and available for public 
inspection, except where otherwise provided under existing law, or under 
existing Executive order issued pursuant to existing law.

                          diplomatic facilities

    Sec. 7004. (a) Capital Security Cost Sharing Exception.--
Notwithstanding paragraph (2) of section 604(e) of the Secure Embassy 
Construction and Counterterrorism Act of 1999 (title VI of division A of 
H.R. 3427, as enacted into law by section 1000(a)(7) of Public Law 106-
113 and contained in appendix G of that Act), as amended by section 111 
of the Department of State Authorities Act, Fiscal Year 2017 (Public Law 
114-323), a project to construct a facility of the United States may 
include office space or other accommodations for members of the United 
States Marine Corps.
    (b) Consultation and Notification.--Funds appropriated by this Act 
and prior Acts making appropriations for the Department of State, 
foreign operations, and related programs, which may be made available 
for the acquisition of property or award of construction contracts for 
overseas United States diplomatic facilities during fiscal year 2023, 
shall be subject to prior consultation with, and the regular 
notification procedures of, the Committees on Appropriations:  Provided, 
That notifications pursuant to this subsection shall include the 
information enumerated under the heading ``Embassy Security, 
Construction, and Maintenance'' in House Report 117-401.
    (c) Interim and Temporary Facilities Abroad.--
            (1) Security <<NOTE: Consultation.>>  vulnerabilities.--
        Funds appropriated by this Act under the heading ``Embassy 
        Security, Construction, and Maintenance'' may be made available, 
        following consultation with the appropriate congressional 
        committees, to address security vulnerabilities at interim and 
        temporary United States diplomatic facilities abroad, including 
        physical security upgrades and local guard staffing.
            (2) Consultation. <<NOTE: Notification. Waiver 
        authority.>> --Notwithstanding any other provision of law, the 
        opening, closure, or any significant modification to an interim 
        or temporary United States diplomatic facility shall be subject 
        to prior consultation with the appropriate congressional 
        committees and the regular notification procedures of the 
        Committees on Appropriations, except that such consultation and 
        notification may be waived if there is a security risk to 
        personnel.

    (d) Soft Targets.--Funds appropriated by this Act under the heading 
``Embassy Security, Construction, and Maintenance'' may be made 
available for security upgrades to soft targets, including schools, 
recreational facilities, and residences used by United States diplomatic 
personnel and their dependents.

                            personnel actions

    Sec. 7005.  Any costs incurred by a department or agency funded 
under title I of this Act resulting from personnel actions taken

[[Page 136 STAT. 5002]]

in response to funding reductions included in this Act shall be absorbed 
within the total budgetary resources available under title I to such 
department or agency:  Provided, <<NOTE: Transfer authority.>> That the 
authority to transfer funds between appropriations accounts as may be 
necessary to carry out this section is provided in addition to 
authorities included elsewhere in this Act:  Provided further, That use 
of funds to carry out this section shall be treated as a reprogramming 
of funds under section 7015 of this Act.

                 prohibition on publicity or propaganda

    Sec. 7006.  No part of any appropriation contained in this Act shall 
be used for publicity or propaganda purposes within the United States 
not authorized before enactment of this Act by Congress:  Provided, That 
up to $25,000 may be made available to carry out the provisions of 
section 316 of the International Security and Development Cooperation 
Act of 1980 (Public Law 96-533; 22 U.S.C. 2151a note).

        prohibition against direct funding for certain countries

    Sec. 7007.  None of the funds appropriated or otherwise made 
available pursuant to titles III through VI of this Act shall be 
obligated or expended to finance directly any assistance or reparations 
for the governments of Cuba, North Korea, Iran, or Syria:  Provided, 
That for purposes of this section, the prohibition on obligations or 
expenditures shall include direct loans, credits, insurance, and 
guarantees of the Export-Import Bank or its agents.

                              coups d'etat

    Sec. 7008. (a) Prohibition.--None of the funds appropriated or 
otherwise made available pursuant to titles III through VI of this Act 
shall be obligated or expended to finance directly any assistance to the 
government of any country whose duly elected head of government is 
deposed by military coup d'etat or decree or, after the date of 
enactment of this Act, a coup d'etat or decree in which the military 
plays a decisive role:  Provided, <<NOTE: Certification. Reports.>> That 
assistance may be resumed to such government if the Secretary of State 
certifies and reports to the appropriate congressional committees that 
subsequent to the termination of assistance a democratically elected 
government has taken office:  Provided further, That the provisions of 
this section shall not apply to assistance to promote democratic 
elections or public participation in democratic processes, or to support 
a democratic transition:  Provided 
further, <<NOTE: Consultation. Notification.>> That funds made available 
pursuant to the previous provisos shall be subject to prior consultation 
with, and the regular notification procedures of, the Committees on 
Appropriations.

    (b) Waiver. <<NOTE: Consultations. Certification. Reports.>> --The 
Secretary of State, following consultation with the heads of relevant 
Federal agencies, may waive the restriction in this section on a 
program-by-program basis if the Secretary certifies and reports to the 
Committees on Appropriations that such waiver is in the national 
security interest of the United States:  Provided, 
That <<NOTE: Notification.>>  funds made available pursuant to such 
waiver shall be subject to prior consultation with, and the regular 
notification procedures of, the Committees on Appropriations.

[[Page 136 STAT. 5003]]

                       transfer of funds authority

    Sec. 7009. (a) Department of State and United States Agency for 
Global Media.--
            (1) Department of state.--
                    (A) In general.--Not to exceed 5 percent of any 
                appropriation made available for the current fiscal year 
                for the Department of State under title I of this Act 
                may be transferred between, and merged with, such 
                appropriations, but no such appropriation, except as 
                otherwise specifically provided, shall be increased by 
                more than 10 percent by any such transfers, and no such 
                transfer may be made to increase the appropriation under 
                the heading ``Representation Expenses''.
                    (B) Embassy 
                security. <<NOTE: Determination. Reports. Consultation. N
                otification.>> --Funds appropriated under the headings 
                ``Diplomatic Programs'', including for Worldwide 
                Security Protection, ``Embassy Security, Construction, 
                and Maintenance'', and ``Emergencies in the Diplomatic 
                and Consular Service'' in this Act may be transferred 
                to, and merged with, funds appropriated under such 
                headings if the Secretary of State determines and 
                reports to the Committees on Appropriations that to do 
                so is necessary to implement the recommendations of the 
                Benghazi Accountability Review Board, for emergency 
                evacuations, or to prevent or respond to security 
                situations and requirements, following consultation 
                with, and subject to the regular notification procedures 
                of, such Committees:  Provided, That such transfer 
                authority is in addition to any transfer authority 
                otherwise available in this Act and under any other 
                provision of law.
            (2) United states agency for global media.--Not to exceed 5 
        percent of any appropriation made available for the current 
        fiscal year for the United States Agency for Global Media under 
        title I of this Act may be transferred between, and merged with, 
        such appropriations, but no such appropriation, except as 
        otherwise specifically provided, shall be increased by more than 
        10 percent by any such transfers.
            (3) Treatment as reprogramming.--Any transfer pursuant to 
        this subsection shall be treated as a reprogramming of funds 
        under section 7015 of this Act and shall not be available for 
        obligation or expenditure except in compliance with the 
        procedures set forth in that section.

    (b) Limitation on Transfers of Funds Between Agencies.--
            (1) In general.--None of the funds made available under 
        titles II through V of this Act may be transferred to any 
        department, agency, or instrumentality of the United States 
        Government, except pursuant to a transfer made by, or transfer 
        authority provided in, this Act or any other appropriations Act.
            (2) Allocation and transfers.--Notwithstanding paragraph 
        (1), in addition to transfers made by, or authorized elsewhere 
        in, this Act, funds appropriated by this Act to carry out the 
        purposes of the Foreign Assistance Act of 1961 may be allocated 
        or transferred to agencies of the United States Government 
        pursuant to the provisions of sections 109, 610, and 632 of the 
        Foreign Assistance Act of 1961, and section

[[Page 136 STAT. 5004]]

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

    (c) United States International Development Finance Corporation.--
            (1) Transfers.--Amounts transferred pursuant to section 
        1434(j) of the BUILD Act of 2018 (division F of Public Law 115-
        254) may only be transferred from funds made available under 
        title III of this Act:  
        Provided, <<NOTE: Consultation. Notification.>> That any such 
        transfers, and any amounts transferred to the United States 
        International Development Finance Corporation (the Corporation) 
        pursuant to section 632 of the Foreign Assistance Act of 1961, 
        shall be subject to prior consultation with, and the regular 
        notification procedures of, the Committees on Appropriations:  
        Provided further, That <<NOTE: Coordination.>>  the Secretary of 
        State, the Administrator of the United States Agency for 
        International Development, and the Chief Executive Officer of 
        the Corporation, as appropriate, shall ensure that the programs 
        funded by such transfers are coordinated with, and complement, 
        foreign assistance programs implemented by the Department of 
        State and USAID:  Provided further, That no funds transferred 
        pursuant to section 1434(j) of the BUILD Act of 2018 may be used 
        by the Corporation to post personnel abroad.
            (2) Transfer of funds from millennium challenge 
        corporation.--Funds appropriated under the heading ``Millennium 
        Challenge Corporation'' in this Act or prior Acts making 
        appropriations for the Department of State, foreign operations, 
        and related programs may be transferred to accounts under the 
        heading ``United States International Development Finance 
        Corporation'' and, when so transferred, may be used for the 
        costs of activities described in subsections (b) and (c) of 
        section 1421 of the BUILD Act of 2018:  Provided, That such 
        funds shall be subject to the limitations provided in the 
        second, third, and fifth provisos under the heading ``United 
        States International Development Finance Corporation--Program 
        Account'' in this Act:  Provided further, That any transfer 
        executed pursuant to the transfer authority provided in this 
        paragraph shall not exceed 10 percent of an individual Compact 
        awarded pursuant to section 609(a) of the Millennium Challenge 
        Act of 2003 (title VI of Public Law 108-199):  Provided further, 
        That such funds shall not be available for administrative 
        expenses of

[[Page 136 STAT. 5005]]

        the United States International Development Finance Corporation: 
         Provided further, <<NOTE: Consultation. Notification.>> That 
        such authority shall be subject to prior consultation with, and 
        the regular notification procedures of, the Committees on 
        Appropriations:  Provided further, That the transfer authority 
        provided in this section is in addition to any other transfer 
        authority provided by law:  Provided further, 
        That <<NOTE: Deadline. Notification.>>  within 60 days of the 
        termination in whole or in part of the Compact from which funds 
        were transferred under this authority to the United States 
        International Development Finance Corporation, any unobligated 
        balances shall be transferred back to the Millennium Challenge 
        Corporation, subject to the regular notification procedures of 
        the Committees on Appropriations.

    (d) <<NOTE: President. Time period. Consultation. Policy 
justification.>> Transfer of Funds Between Accounts.--None of the funds 
made available under titles II through V of this Act may be obligated 
under an appropriations account to which such funds were not 
appropriated, except for transfers specifically provided for in this 
Act, unless the President, not less than 5 days prior to the exercise of 
any authority contained in the Foreign Assistance Act of 1961 to 
transfer funds, consults with and provides a written policy 
justification to the Committees on Appropriations.

    (e) <<NOTE: Reports.>> Audit of Inter-Agency Transfers of Funds.--
Any agreement for the transfer or allocation of funds appropriated by 
this Act or prior Acts making appropriations for the Department of 
State, foreign operations, and related programs entered into between the 
Department of State or USAID and another agency of the United States 
Government under the authority of section 632(a) of the Foreign 
Assistance Act of 1961, or any comparable provision of law, shall 
expressly provide that the Inspector General (IG) for the agency 
receiving the transfer or allocation of such funds, or other entity with 
audit responsibility if the receiving agency does not have an IG, shall 
perform periodic program and financial audits of the use of such funds 
and report to the Department of State or USAID, as appropriate, upon 
completion of such audits:  Provided, <<NOTE: Transmittals.>> That such 
audits shall be transmitted to the Committees on Appropriations by the 
Department of State or USAID, as appropriate:  Provided further, That 
funds transferred under such authority may be made available for the 
cost of such audits.

             prohibition and limitation on certain expenses

    Sec. 7010. (a) First-Class Travel.--None of the funds made available 
by this Act may be used for first-class travel by employees of United 
States Government departments and agencies funded by this Act in 
contravention of section 301-10.122 through 301-10.124 of title 41, Code 
of Federal Regulations.
    (b) <<NOTE: Pornography.>> Computer Networks.--None of the funds 
made available by this Act for the operating expenses of any United 
States Government department or agency may be used to establish or 
maintain a computer network for use by such department or agency unless 
such network has filters designed to block access to sexually explicit 
websites:  Provided, That nothing in this subsection shall limit the use 
of funds necessary for any Federal, State, Tribal, or local

[[Page 136 STAT. 5006]]

law enforcement agency, or any other entity carrying out the following 
activities: criminal investigations, prosecutions, and adjudications; 
administrative discipline; and the monitoring of such websites 
undertaken as part of official business.

    (c) Prohibition on Promotion of Tobacco.--None of the funds made 
available by this Act shall be available to promote the sale or export 
of tobacco or tobacco products (including electronic nicotine delivery 
systems), or to seek the reduction or removal by any foreign country of 
restrictions on the marketing of tobacco or tobacco products (including 
electronic nicotine delivery systems), except for restrictions which are 
not applied equally to all tobacco or tobacco products (including 
electronic nicotine delivery systems) of the same type.
    (d) Email Servers Outside the .gov Domain.--None of the funds 
appropriated by this Act under the headings ``Diplomatic Programs'' and 
``Capital Investment Fund'' in title I, and ``Operating Expenses'' and 
``Capital Investment Fund'' in title II that are made available to the 
Department of State and the United States Agency for International 
Development may be made available to support the use or establishment of 
email accounts or email servers created outside the .gov domain or not 
fitted for automated records management as part of a Federal government 
records management program in contravention of the Presidential and 
Federal Records Act Amendments of 2014 (Public Law 113-187).
    (e) Representation and Entertainment Expenses.--Each Federal 
department, agency, or entity funded in titles I or II of this Act, and 
the Department of the Treasury and independent agencies funded in titles 
III or VI of this Act, shall take steps to ensure that domestic and 
overseas representation and entertainment expenses further official 
agency business and United States foreign policy interests, and--
            (1) are primarily for fostering relations outside of the 
        Executive Branch;
            (2) are principally for meals and events of a protocol 
        nature;
            (3) are not for employee-only events; and
            (4) do not include activities that are substantially of a 
        recreational character.

    (f) Limitations on Entertainment Expenses.--None of the funds 
appropriated or otherwise made available by this Act under the headings 
``International Military Education and Training'' or ``Foreign Military 
Financing Program'' for Informational Program activities or under the 
headings ``Global Health Programs'', ``Development Assistance'', 
``Economic Support Fund'', and ``Assistance for Europe, Eurasia and 
Central Asia'' may be obligated or expended to pay for--
            (1) <<NOTE: Alcohol and alcoholic beverages.>> alcoholic 
        beverages; or
            (2) <<NOTE: Fees.>> entertainment expenses for activities 
        that are substantially of a recreational character, including 
        entrance fees at sporting events, theatrical and musical 
        productions, and amusement parks.

                          availability of funds

    Sec. 7011.  <<NOTE: Time periods.>> No part of any appropriation 
contained in this Act shall remain available for obligation after the 
expiration of the current fiscal year unless expressly so provided by 
this Act:  Provided, That funds appropriated for the purposes of 
chapters

[[Page 136 STAT. 5007]]

1 and 8 of part I, section 661, chapters 4, 5, 6, 8, and 9 of part II of 
the Foreign Assistance Act of 1961, section 23 of the Arms Export 
Control Act (22 U.S.C. 2763), and funds made available for ``United 
States International Development Finance Corporation'' and under the 
heading ``Assistance for Europe, Eurasia and Central Asia'' shall remain 
available for an additional 4 years from the date on which the 
availability of such funds would otherwise have expired, if such funds 
are initially obligated before the expiration of their respective 
periods of availability contained in this Act:  Provided further, That 
notwithstanding any other provision of this Act, any funds made 
available for the purposes of chapter 1 of part I and chapter 4 of part 
II of the Foreign Assistance Act of 1961 which are allocated or 
obligated for cash disbursements in order to address balance of payments 
or economic policy reform objectives, shall remain available for an 
additional 4 years from the date on which the availability of such funds 
would otherwise have expired, if such funds are initially allocated or 
obligated before the expiration of their respective periods of 
availability contained in this Act:  Provided 
further, <<NOTE: Reports.>> That the Secretary of State and the 
Administrator of the United States Agency for International Development 
shall provide a report to the Committees on Appropriations not later 
than October 31, 2023, detailing by account and source year, the use of 
this authority during the previous fiscal year.

            limitation on assistance to countries in default

    Sec. 7012.  <<NOTE: Time 
period. Loans. President. Determination. Consultation.>> No part of any 
appropriation provided under titles III through VI in this Act shall be 
used to furnish assistance to the government of any country which is in 
default during a period in excess of 1 calendar year in payment to the 
United States of principal or interest on any loan made to the 
government of such country by the United States pursuant to a program 
for which funds are appropriated under this Act unless the President 
determines, following consultation with the Committees on 
Appropriations, that assistance for such country is in the national 
interest of the United States.

           prohibition on taxation of united states assistance

    Sec. 7013. (a) <<NOTE: Negotiation.>>  Prohibition on Taxation.--
None of the funds appropriated under titles III through VI of this Act 
may be made available to provide assistance for a foreign country under 
a new bilateral agreement governing the terms and conditions under which 
such assistance is to be provided unless such agreement includes a 
provision stating that assistance provided by the United States shall be 
exempt from taxation, or reimbursed, by the foreign government, and the 
Secretary of State and the Administrator of the United States Agency for 
International Development shall expeditiously seek to negotiate 
amendments to existing bilateral agreements, as necessary, to conform 
with this requirement.

    (b) Notification and Reimbursement of Foreign Taxes.--
An <<NOTE: Deadline.>>  amount equivalent to 200 percent of the total 
taxes assessed during fiscal year 2023 on funds appropriated by this Act 
and prior Acts making appropriations for the Department of State, 
foreign operations, and related programs by a foreign government or 
entity against United States assistance programs, either directly

[[Page 136 STAT. 5008]]

or through grantees, contractors, and subcontractors, shall be withheld 
from obligation from funds appropriated for assistance for fiscal year 
2024 and for prior fiscal years and allocated for the central government 
of such country or for the West Bank and Gaza program, as applicable, 
if, not later than September 30, 2024, such taxes have not been 
reimbursed.

    (c) De Minimis Exception.--Foreign taxes of a de minimis nature 
shall not be subject to the provisions of subsection (b).
    (d) Reprogramming of Funds.--Funds withheld from obligation for each 
foreign government or entity pursuant to subsection (b) shall be 
reprogrammed for assistance for countries which do not assess taxes on 
United States assistance or which have an effective arrangement that is 
providing substantial reimbursement of such taxes, and that can 
reasonably accommodate such assistance in a programmatically responsible 
manner.
    (e) Determinations.--
            (1) <<NOTE: Assessments. Reports.>> In general.--The 
        provisions of this section shall not apply to any foreign 
        government or entity that assesses such taxes if the Secretary 
        of State reports to the Committees on Appropriations that--
                    (A) such foreign government or entity has an 
                effective arrangement that is providing substantial 
                reimbursement of such taxes; or
                    (B) the foreign policy interests of the United 
                States outweigh the purpose of this section to ensure 
                that United States assistance is not subject to 
                taxation.
            (2) <<NOTE: Time period.>>  Consultation.--The Secretary of 
        State shall consult with the Committees on Appropriations at 
        least 15 days prior to exercising the authority of this 
        subsection with regard to any foreign government or entity.

    (f) <<NOTE: Regulations. Guidance.>>  Implementation.--The Secretary 
of State shall issue and update rules, regulations, or policy guidance, 
as appropriate, to implement the prohibition against the taxation of 
assistance contained in this section.

    (g) Definitions.--As used in this section:
            (1) Bilateral agreement.--The term ``bilateral agreement'' 
        refers to a framework bilateral agreement between the Government 
        of the United States and the government of the country receiving 
        assistance that describes the privileges and immunities 
        applicable to United States foreign assistance for such country 
        generally, or an individual agreement between the Government of 
        the United States and such government that describes, among 
        other things, the treatment for tax purposes that will be 
        accorded the United States assistance provided under that 
        agreement.
            (2) Taxes and taxation.--The term ``taxes and taxation'' 
        shall include value added taxes and customs duties but shall not 
        include individual income taxes assessed to local staff.

                          reservations of funds

    Sec. 7014. (a) Reprogramming.--Funds appropriated under titles III 
through VI of this Act which are specifically designated may be 
reprogrammed for other programs within the same account notwithstanding 
the designation if compliance with the designation is made impossible by 
operation of any provision of this or any other Act:  
Provided, <<NOTE: Notification.>> That any such reprogramming shall be 
subject

[[Page 136 STAT. 5009]]

to the regular notification procedures of the Committees on 
Appropriations:  Provided further, That assistance that is reprogrammed 
pursuant to this subsection shall be made available under the same terms 
and conditions as originally provided.

    (b) <<NOTE: Determination. Reports.>> Extension of Availability.--In 
addition to the authority contained in subsection (a), the original 
period of availability of funds appropriated by this Act and 
administered by the Department of State or the United States Agency for 
International Development that are specifically designated for 
particular programs or activities by this or any other Act may be 
extended for an additional fiscal year if the Secretary of State or the 
USAID Administrator, as appropriate, determines and reports promptly to 
the Committees on Appropriations that the termination of assistance to a 
country or a significant change in circumstances makes it unlikely that 
such designated funds can be obligated during the original period of 
availability:  Provided, That such designated funds that continue to be 
available for an additional fiscal year shall be obligated only for the 
purpose of such designation.

    (c) Other Acts.--Ceilings and specifically designated funding levels 
contained in this Act shall not be applicable to funds or authorities 
appropriated or otherwise made available by any subsequent Act unless 
such Act specifically so directs:  Provided, That specifically 
designated funding levels or minimum funding requirements contained in 
any other Act shall not be applicable to funds appropriated by this Act.

                        notification requirements

    Sec. 7015. (a) Notification of Changes in Programs, Projects, and 
Activities.-- <<NOTE: Time period.>> None of the funds made available in 
titles I, II, and VI, and under the headings ``Peace Corps'' and 
``Millennium Challenge Corporation'', of this Act or prior Acts making 
appropriations for the Department of State, foreign operations, and 
related programs to the departments and agencies funded by this Act that 
remain available for obligation in fiscal year 2023, or provided from 
any accounts in the Treasury of the United States derived by the 
collection of fees or of currency reflows or other offsetting 
collections, or made available by transfer, to the departments and 
agencies funded by this Act, shall be available for obligation to--
            (1) create new programs;
            (2) suspend or eliminate a program, project, or activity;
            (3) close, suspend, open, or reopen a mission or post;
            (4) create, close, reorganize, downsize, or rename bureaus, 
        centers, or offices; or
            (5) <<NOTE: Contracts.>> contract out or privatize any 
        functions or activities presently performed by Federal 
        employees;

unless previously justified to the Committees on Appropriations or such 
Committees are notified 15 days in advance of such obligation.
    (b) Notification of Reprogramming of Funds.--None of the funds 
provided under titles I, II, and VI of this Act or prior Acts making 
appropriations for the Department of State, foreign operations, and 
related programs, to the departments and agencies funded under such 
titles that remain available for obligation in fiscal year 2023, or 
provided from any accounts in the Treasury of the United States derived 
by the collection of fees available

[[Page 136 STAT. 5010]]

to the department and agency funded under title I of this Act, shall be 
available for obligation or expenditure for programs, projects, or 
activities through a reprogramming of funds in excess of $1,000,000 or 
10 percent, whichever is less, that--
            (1) augments or changes existing programs, projects, or 
        activities;
            (2) relocates an existing office or employees;
            (3) reduces by 10 percent funding for any existing program, 
        project, or activity, or numbers of personnel by 10 percent as 
        approved by Congress; or
            (4) results from any general savings, including savings from 
        a reduction in personnel, which would result in a change in 
        existing programs, projects, or activities as approved by 
        Congress;

unless the Committees on Appropriations are notified 15 days in advance 
of such reprogramming of funds.
    (c) <<NOTE: Time period.>> Notification Requirement.--None of the 
funds made available by this Act under the headings ``Global Health 
Programs'', ``Development Assistance'', ``Economic Support Fund'', 
``Democracy Fund'', ``Assistance for Europe, Eurasia and Central Asia'', 
``Peace Corps'', ``Millennium Challenge Corporation'', ``International 
Narcotics Control and Law Enforcement'', ``Nonproliferation, Anti-
terrorism, Demining and Related Programs'', ``Peacekeeping Operations'', 
``International Military Education and Training'', ``Foreign Military 
Financing Program'', ``International Organizations and Programs'', 
``United States International Development Finance Corporation'', and 
``Trade and Development Agency'' shall be available for obligation for 
programs, projects, activities, type of materiel assistance, countries, 
or other operations not justified or in excess of the amount justified 
to the Committees on Appropriations for obligation under any of these 
specific headings unless the Committees on Appropriations are notified 
15 days in advance of such obligation:  
Provided, <<NOTE: President.>> That the President shall not enter into 
any commitment of funds appropriated for the purposes of section 23 of 
the Arms Export Control Act for the provision of major defense 
equipment, other than conventional ammunition, or other major defense 
items defined to be aircraft, ships, missiles, or combat vehicles, not 
previously justified to Congress or 20 percent in excess of the 
quantities justified to Congress unless the Committees on Appropriations 
are notified 15 days in advance of such commitment:  Provided further, 
That requirements of this subsection or any similar provision of this or 
any other Act shall not apply to any reprogramming for a program, 
project, or activity for which funds are appropriated under titles III 
through VI of this Act of less than 10 percent of the amount previously 
justified to Congress for obligation for such program, project, or 
activity for the current fiscal year:  Provided further, That any 
notification submitted pursuant to subsection (f) of this section shall 
include information (if known on the date of transmittal of such 
notification) on the use of notwithstanding authority.

    (d) Department of Defense Programs and Funding Notifications.--
            (1) Programs.--None of the funds appropriated by this Act or 
        prior Acts making appropriations for the Department of State, 
        foreign operations, and related programs may be made available 
        to support or continue any program initially funded under any 
        authority of title 10, United States Code, or any

[[Page 136 STAT. 5011]]

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

    (e) Waiver.--The requirements of this section or any similar 
provision of this Act or any other Act, including any prior Act 
requiring notification in accordance with the regular notification 
procedures of the Committees on Appropriations, may be waived if failure 
to do so would pose a substantial risk to human health or welfare:  
Provided, <<NOTE: Deadline.>> That in case of any such waiver, 
notification to the Committees on Appropriations shall be provided as 
early as practicable, but in no event later than 3 days after taking the 
action to which such notification requirement was applicable, in the 
context of the circumstances necessitating such waiver:  Provided 
further, That any notification provided pursuant to such a waiver shall 
contain an explanation of the emergency circumstances.

    (f) Country Notification Requirements.--None of the funds 
appropriated under titles III through VI of this Act may be obligated or 
expended for assistance for Afghanistan, Bahrain, Burma, Cambodia, 
Colombia, Cuba, Egypt, El Salvador, Ethiopia, Guatemala, Haiti, 
Honduras, Iran, Iraq, Lebanon, Libya, Mexico, Nicaragua, Pakistan, 
Philippines, the Russian Federation, Rwanda, Somalia, South Sudan, Sri 
Lanka, Sudan, Syria, Tunisia, Venezuela, Yemen, and Zimbabwe except as 
provided through the regular notification procedures of the Committees 
on Appropriations.
    (g) Trust Funds.--Funds appropriated or otherwise made available in 
title III of this Act and prior Acts making funds available for the 
Department of State, foreign operations, and

[[Page 136 STAT. 5012]]

related programs that are made available for a trust fund held by an 
international financial institution shall be subject to the regular 
notification procedures of the Committees on Appropriations, and such 
notification shall include the information specified under this section 
in House Report 117-401.
    (h) Other Program Notification Requirement.--
            (1) Diplomatic programs.--Funds appropriated under title I 
        of this Act under the heading ``Diplomatic Programs'' that are 
        made available for lateral entry into the Foreign Service shall 
        be subject to prior consultation with, and the regular 
        notification procedures of, the Committees on Appropriations.
            (2) Other programs.--Funds appropriated by this Act that are 
        made available for the following programs and activities shall 
        be subject to the regular notification procedures of the 
        Committees on Appropriations:
                    (A) the Global Engagement Center;
                    (B) the Power Africa and Prosper Africa initiatives;
                    (C) community-based police assistance conducted 
                pursuant to the authority of section 7035(a)(1) of this 
                Act;
                    (D) the Prevention and Stabilization Fund and the 
                Multi-Donor Global Fragility Fund;
                    (E) the Indo-Pacific Strategy;
                    (F) the Countering PRC Influence Fund and the 
                Countering Russian Influence Fund;
                    (G) the Gender Equity and Equality Action Fund; and
                    (H) funds specifically allocated for the Partnership 
                for Global Infrastructure and Investment.
            (3) <<NOTE: Consultation.>>  Democracy program policy and 
        procedures.--Modifications to democracy program policy and 
        procedures, including relating to the use of consortia, by the 
        Department of State and USAID shall be subject to prior 
        consultation with, and the regular notification procedures of, 
        the Committees on Appropriations.
            (4) <<NOTE: Reports. Certifications.>> Arms sales.--The 
        reports, notifications, and certifications, and any other 
        documents, required to be submitted pursuant to section 36(a) of 
        the Arms Export Control Act (22 U.S.C. 2776), and such documents 
        submitted pursuant to section 36(b) through (d) of such Act with 
        respect to countries that have received assistance provided with 
        funds appropriated by this Act or prior Acts making 
        appropriations for the Department of State, foreign operations, 
        and related programs, shall be concurrently submitted to the 
        Committees on Appropriations and shall include information about 
        the source of funds for any sale or transfer, as applicable, if 
        known at the time of submission.

    (i) Withholding of Funds.--Funds appropriated by this Act under 
titles III and IV that are withheld from obligation or otherwise not 
programmed as a result of application of a provision of law in this or 
any other Act shall, if reprogrammed, be subject to the regular 
notification procedures of the Committees on Appropriations.
    (j) <<NOTE: Deadline.>> Prior Consultation Requirement.--The 
Secretary of State, the Administrator of the United States Agency for 
International Development, the Chief Executive Officer of the United 
States International Development Finance Corporation, and the Chief 
Executive Officer of the Millennium Challenge Corporation shall consult 
with the Committees on Appropriations at least 7

[[Page 136 STAT. 5013]]

days prior to informing a government of, or publicly announcing a 
decision on, the suspension or early termination of assistance to a 
country or a territory, including as a result of an interagency review 
of such assistance, from funds appropriated by this Act or prior Acts 
making appropriations for the Department of State, foreign operations, 
and related programs:  Provided, That such consultation shall include a 
detailed justification for such suspension, including a description of 
the assistance being suspended.

documents, report posting, records management, and related cybersecurity 
                               protections

    Sec. 7016. (a) Document Requests.--None of the funds appropriated or 
made available pursuant to titles III through VI of this Act shall be 
available to a nongovernmental organization, including any contractor, 
which fails to provide upon timely request any document, file, or record 
necessary to the auditing requirements of the Department of State and 
the United States Agency for International Development.
    (b) Public Posting of Reports.--
            (1) Except as provided in paragraphs (2) and (3), any report 
        required by this Act to be submitted to Congress by any Federal 
        agency receiving funds made available by this Act shall be 
        posted on the public Web site of such agency not later than 45 
        days following the receipt of such report by Congress.
            (2) Paragraph (1) shall not apply to a report if--
                    (A) the public posting of the report would 
                compromise national security, including the conduct of 
                diplomacy;
                    (B) the report contains proprietary or other 
                privileged information; or
                    (C) the public posting of the report is specifically 
                exempted in the explanatory statement described in 
                section 4 (in the matter preceding division A of this 
                consolidated Act).
            (3) The agency posting such report shall do so only after 
        the report has been made available to the Committees on 
        Appropriations.

    (c) Records Management and Related Cybersecurity Protections.--The 
Secretary of State and USAID Administrator shall--
            (1) <<NOTE: Review. Updates. Compliance.>> regularly review 
        and update the policies, directives, and oversight necessary to 
        comply with Federal statutes, regulations, and presidential 
        executive orders and memoranda concerning the preservation of 
        all records made or received in the conduct of official 
        business, including record emails, instant messaging, and other 
        online tools;
            (2) use funds appropriated by this Act under the headings 
        ``Diplomatic Programs'' and ``Capital Investment Fund'' in title 
        I, and ``Operating Expenses'' and ``Capital Investment Fund'' in 
        title II, as appropriate, to improve Federal records management 
        pursuant to the Federal Records Act (44 U.S.C. Chapters 21, 29, 
        31, and 33) and other applicable Federal records management 
        statutes, regulations, or policies for the Department of State 
        and USAID;
            (3) direct departing employees, including senior officials, 
        that all Federal records generated by such employees belong to 
        the Federal Government;

[[Page 136 STAT. 5014]]

            (4) substantially reduce, compared to the previous fiscal 
        year, the response time for identifying and retrieving Federal 
        records, including requests made pursuant to section 552 of 
        title 5, United States Code (commonly known as the ``Freedom of 
        Information Act''); and
            (5) <<NOTE: Guidance. Implementation.>>  strengthen 
        cybersecurity measures to mitigate vulnerabilities, including 
        those resulting from the use of personal email accounts or 
        servers outside the .gov domain, improve the process to identify 
        and remove inactive user accounts, update and enforce guidance 
        related to the control of national security information, and 
        implement the recommendations of the applicable reports of the 
        cognizant Office of Inspector General.

                use of funds in contravention of this act

    
Sec. <<NOTE: President. Determination. Notification. Deadline.>> 7017.  
If the President makes a determination not to comply with any provision 
of this Act on constitutional grounds, the head of the relevant Federal 
agency shall notify the Committees on Appropriations in writing within 5 
days of such determination, the basis for such determination and any 
resulting changes to program or policy.

   prohibition on funding for abortions and involuntary sterilization

    Sec. 7018.  None of the funds made available to carry out part I of 
the Foreign Assistance Act of 1961, as amended, may be used to pay for 
the performance of abortions as a method of family planning or to 
motivate or coerce any person to practice abortions. None of the funds 
made available to carry out part I of the Foreign Assistance Act of 
1961, as amended, may be used to pay for the performance of involuntary 
sterilization as a method of family planning or to coerce or provide any 
financial incentive to any person to undergo sterilizations. None of the 
funds made available to carry out part I of the Foreign Assistance Act 
of 1961, as amended, may be used to pay for any biomedical research 
which relates in whole or in part, to methods of, or the performance of, 
abortions or involuntary sterilization as a means of family 
planning. <<NOTE: President. Certification.>>  None of the funds made 
available to carry out part I of the Foreign Assistance Act of 1961, as 
amended, may be obligated or expended for any country or organization if 
the President certifies that the use of these funds by any such country 
or organization would violate any of the above provisions related to 
abortions and involuntary sterilizations.

                         allocations and reports

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

[[Page 136 STAT. 5015]]

countries and international organizations notwithstanding the date of 
the transmission of such report.
    (b) Authorized Deviations.--Unless otherwise provided for by this 
Act, the Secretary of State and the Administrator of the United States 
Agency for International Development, as applicable, may only deviate up 
to 10 percent from the amounts specifically designated in the respective 
tables included in the explanatory statement described in section 4 (in 
the matter preceding division A of this consolidated Act):  
Provided, <<NOTE: Determination.>> That such percentage may be exceeded 
only if the Secretary of State or USAID Administrator, as applicable, 
determines and reports in writing to the Committees on Appropriations on 
a case-by-case basis that such deviation is necessary to respond to 
significant, exigent, or unforeseen events, or to address other 
exceptional circumstances directly related to the national security 
interest of the United States, including a description of such events or 
circumstances: <<NOTE: Consultation. Notification.>>  Provided further, 
That deviations pursuant to the preceding proviso shall be subject to 
prior consultation with, and the regular notification procedures of, the 
Committees on Appropriations.

    (c) Limitation.--For specifically designated amounts that are 
included, pursuant to subsection (a), in the report required by section 
653(a) of the Foreign Assistance Act of 1961, deviations authorized by 
subsection (b) may only take place after submission of such report.
    (d) Exceptions.--
            (1) Subsections (a) and (b) shall not apply to--
                    (A) amounts designated for ``International Military 
                Education and Training'' in the respective tables 
                included in the explanatory statement described in 
                section 4 (in the matter preceding division A of this 
                consolidated Act);
                    (B) funds for which the initial period of 
                availability has expired; and
                    (C) amounts designated by this Act as minimum 
                funding requirements.
            (2) The authority of subsection (b) to deviate from amounts 
        designated in the respective tables included in the explanatory 
        statement described in section 4 (in the matter preceding 
        division A of this consolidated Act) shall not apply to the 
        table included under the heading ``Global Health Programs'' in 
        such statement.
            (3) <<NOTE: Applicability.>> With respect to the amounts 
        designated for ``Global Programs'' in the table under the 
        heading ``Economic Support Fund'' included in the explanatory 
        statement described in section 4 (in the matter preceding 
        division A of this consolidated Act), the matter preceding the 
        first proviso in subsection (b) of this section shall be applied 
        by substituting ``5 percent'' for ``10 percent'', and the 
        provisos in such subsection (b) shall not apply.

    (e) Reports.--The Secretary of State, USAID Administrator, and other 
designated officials, as appropriate, shall submit the reports required, 
in the manner described, in House Report 117-401 and the explanatory 
statement described in section 4 (in the matter preceding division A of 
this consolidated Act), unless otherwise directed in such explanatory 
statement.
    (f) Clarification.--Funds appropriated by this Act under the 
headings ``International Disaster Assistance'' and ``Migration and 
Refugee Assistance'' shall not be included for purposes of meeting

[[Page 136 STAT. 5016]]

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

                           multi-year pledges

    Sec. 7020.  <<NOTE: Notification. Consultation. Deadline.>> None of 
the funds appropriated or otherwise made available by this Act may be 
used to make any pledge for future year funding for any multilateral or 
bilateral program funded in titles III through VI of this Act unless 
such pledge was: (1) previously justified, including the projected 
future year costs, in a congressional budget justification; (2) included 
in an Act making appropriations for the Department of State, foreign 
operations, and related programs or previously authorized by an Act of 
Congress; (3) notified in accordance with the regular notification 
procedures of the Committees on Appropriations, including the projected 
future year costs; or (4) the subject of prior consultation with the 
Committees on Appropriations and such consultation was conducted at 
least 7 days in advance of the pledge.

   prohibition on assistance to governments supporting international 
                                terrorism

    Sec. 7021. <<NOTE: President. Determinations.>> (a) Lethal Military 
Equipment Exports.--
            (1) Prohibition.--None of the funds appropriated or 
        otherwise made available under titles III through VI of this Act 
        may be made available to any foreign government which provides 
        lethal military equipment to a country the government of which 
        the Secretary of State has determined supports international 
        terrorism for purposes of section 1754(c) of the Export Reform 
        Control Act of 2018 (50 U.S.C. 4813(c)): <<NOTE: Termination 
        date.>>   Provided, That the prohibition under this section with 
        respect to a foreign government shall terminate 12 months after 
        that government ceases to provide such military 
        equipment: <<NOTE: Applicability.>>   Provided further, That 
        this section applies with respect to lethal military equipment 
        provided under a contract entered into after October 1, 1997.
            (2) Determination.--Assistance restricted by paragraph (1) 
        or any other similar provision of law, may be furnished if the 
        President determines that to do so is important to the national 
        interest of the United States.
            (3) <<NOTE: Estimate.>>  Report.--Whenever the President 
        makes a determination pursuant to paragraph (2), the President 
        shall submit to the Committees on Appropriations a report with 
        respect to the furnishing of such assistance, including a 
        detailed explanation of the assistance to be provided, the 
        estimated dollar amount of such assistance, and an explanation 
        of how the assistance furthers the United States national 
        interest.

    (b) Bilateral Assistance.--
            (1) Limitations.--Funds appropriated for bilateral 
        assistance in titles III through VI of this Act and funds 
        appropriated under any such title in prior Acts making 
        appropriations for the Department of State, foreign operations, 
        and related programs, shall not be made available to any foreign 
        government which the President determines--
                    (A) grants sanctuary from prosecution to any 
                individual or group which has committed an act of 
                international terrorism;
                    (B) otherwise supports international terrorism; or

[[Page 136 STAT. 5017]]

                    (C) is controlled by an organization designated as a 
                terrorist organization under section 219 of the 
                Immigration and Nationality Act (8 U.S.C. 1189).
            (2) Waiver.--The President may waive the application of 
        paragraph (1) to a government if the President determines that 
        national security or humanitarian reasons justify such waiver:  
        Provided, <<NOTE: Federal Register, 
        publication. Deadline. Notification.>> That the President shall 
        publish each such waiver in the Federal Register and, at least 
        15 days before the waiver takes effect, shall notify the 
        Committees on Appropriations of the waiver (including the 
        justification for the waiver) in accordance with the regular 
        notification procedures of the Committees on Appropriations.

                       authorization requirements

    Sec. 7022.  Funds appropriated by this Act, except funds 
appropriated under the heading ``Trade and Development Agency'', may be 
obligated and expended notwithstanding section 10 of Public Law 91-672 
(22 U.S.C. 2412), section 15 of the State Department Basic Authorities 
Act of 1956 (22 U.S.C. 2680), section 313 of the Foreign Relations 
Authorization Act, Fiscal Years 1994 and 1995 (22 U.S.C. 6212), and 
section 504(a)(1) of the National Security Act of 1947 (50 U.S.C. 
3094(a)(1)).

              definition of program, project, and activity

    Sec. 7023.  For the purpose of titles II through VI of this Act, 
``program, project, and activity'' shall be defined at the 
appropriations Act account level and shall include all appropriations 
and authorizations Acts funding directives, ceilings, and limitations 
with the exception that for the ``Economic Support Fund'', ``Assistance 
for Europe, Eurasia and Central Asia'', and ``Foreign Military Financing 
Program'' accounts, ``program, project, and activity'' shall also be 
considered to include country, regional, and central program level 
funding within each such account, and for the development assistance 
accounts of the United States Agency for International Development, 
``program, project, and activity'' shall also be considered to include 
central, country, regional, and program level funding, either as--
            (1) justified to Congress; or
            (2) allocated by the Executive Branch in accordance with the 
        report required by section 653(a) of the Foreign Assistance Act 
        of 1961 or as modified pursuant to section 7019 of this Act.

 authorities for the peace corps, inter-american foundation, and united 
                  states african development foundation

    Sec. 7024.  Unless expressly provided to the contrary, provisions of 
this or any other Act, including provisions contained in prior Acts 
authorizing or making appropriations for the Department of State, 
foreign operations, and related programs, shall not be construed to 
prohibit activities authorized by or conducted under the Peace Corps 
Act, the Inter-American Foundation Act, or the African Development 
Foundation Act:  Provided, That <<NOTE: Consultation. Reports.>>  prior 
to conducting activities in a country for which assistance is 
prohibited, the agency shall consult with the Committees on 
Appropriations and report to such Committees within 15 days of taking 
such action.

[[Page 136 STAT. 5018]]

                 commerce, trade and surplus commodities

    Sec. 7025. (a) World Markets.--None of the funds appropriated or 
made available pursuant to titles III through VI of this Act for direct 
assistance and none of the funds otherwise made available to the Export-
Import Bank and the United States International Development Finance 
Corporation shall be obligated or expended to finance any loan, any 
assistance, or any other financial commitments for establishing or 
expanding production of any commodity for export by any country other 
than the United States, if the commodity is likely to be in surplus on 
world markets at the time the resulting productive capacity is expected 
to become operative and if the assistance will cause substantial injury 
to United States producers of the same, similar, or competing commodity: 
 Provided, <<NOTE: Notification.>> That such prohibition shall not apply 
to the Export-Import Bank if in the judgment of its Board of Directors 
the benefits to industry and employment in the United States are likely 
to outweigh the injury to United States producers of the same, similar, 
or competing commodity, and the Chairman of the Board so notifies the 
Committees on Appropriations:  Provided further, That this subsection 
shall not prohibit--
            (1) activities in a country that is eligible for assistance 
        from the International Development Association, is not eligible 
        for assistance from the International Bank for Reconstruction 
        and Development, and does not export on a consistent basis the 
        agricultural commodity with respect to which assistance is 
        furnished; or
            (2) <<NOTE: President. Determination.>> activities in a 
        country the President determines is recovering from widespread 
        conflict, a humanitarian crisis, or a complex emergency.

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

    (c) <<NOTE: 22 USC 262h note.>> International Financial 
Institutions.--The Secretary of the Treasury shall instruct the United 
States executive director of each international financial institution to 
use the voice and

[[Page 136 STAT. 5019]]

vote of the United States to oppose any assistance by such institution, 
using funds appropriated or otherwise made available by this Act, for 
the production or extraction of any commodity or mineral for export, if 
it is in surplus on world markets and if the assistance will cause 
substantial injury to United States producers of the same, similar, or 
competing commodity.

                            separate accounts

    Sec. 7026. <<NOTE: 22 USC 2362 note.>> (a) Separate Accounts for 
Local Currencies.--
            (1) Agreements.--If assistance is furnished to the 
        government of a foreign country under chapters 1 and 10 of part 
        I or chapter 4 of part II of the Foreign Assistance Act of 1961 
        under agreements which result in the generation of local 
        currencies of that country, the Administrator of the United 
        States Agency for International Development shall--
                    (A) <<NOTE: Requirement.>> require that local 
                currencies be deposited in a separate account 
                established by that government;
                    (B) enter into an agreement with that government 
                which sets forth--
                          (i) the amount of the local currencies to be 
                      generated; and
                          (ii) the terms and conditions under which the 
                      currencies so deposited may be utilized, 
                      consistent with this section; and
                    (C) establish by agreement with that government the 
                responsibilities of USAID and that government to monitor 
                and account for deposits into and disbursements from the 
                separate account.
            (2) Uses of local currencies.--As may be agreed upon with 
        the foreign government, local currencies deposited in a separate 
        account pursuant to subsection (a), or an equivalent amount of 
        local currencies, shall be used only--
                    (A) to carry out chapter 1 or 10 of part I or 
                chapter 4 of part II of the Foreign Assistance Act of 
                1961 (as the case may be), for such purposes as--
                          (i) project and sector assistance activities; 
                      or
                          (ii) debt and deficit financing; or
                    (B) for the administrative requirements of the 
                United States Government.
            (3) Programming accountability.--USAID shall take all 
        necessary steps to ensure that the equivalent of the local 
        currencies disbursed pursuant to subsection (a)(2)(A) from the 
        separate account established pursuant to subsection (a)(1) are 
        used for the purposes agreed upon pursuant to subsection (a)(2).
            (4) Termination of assistance programs.--Upon termination of 
        assistance to a country under chapter 1 or 10 of part I or 
        chapter 4 of part II of the Foreign Assistance Act of 1961 (as 
        the case may be), any unencumbered balances of funds which 
        remain in a separate account established pursuant to subsection 
        (a) shall be disposed of for such purposes as may be agreed to 
        by the government of that country and the United States 
        Government.

    (b) Separate Accounts for Cash Transfers.--
            (1) <<NOTE: Requirement.>> In general.--If assistance is 
        made available to the government of a foreign country, under 
        chapter 1 or 10 of part I or chapter 4 of part II of the Foreign 
        Assistance Act

[[Page 136 STAT. 5020]]

        of 1961, as cash transfer assistance or as nonproject sector 
        assistance, that country shall be required to maintain such 
        funds in a separate account and not commingle with any other 
        funds.
            (2) Applicability of other provisions of law.--Such funds 
        may be obligated and expended notwithstanding provisions of law 
        which are inconsistent with the nature of this assistance, 
        including provisions which are referenced in the Joint 
        Explanatory Statement of the Committee of Conference 
        accompanying House Joint Resolution 648 (House Report No. 98-
        1159).
            (3) <<NOTE: Deadline. President.>> Notification.--At least 
        15 days prior to obligating any such cash transfer or nonproject 
        sector assistance, the President shall submit a notification 
        through the regular notification procedures of the Committees on 
        Appropriations, which shall include a detailed description of 
        how the funds proposed to be made available will be used, with a 
        discussion of the United States interests that will be served by 
        such assistance (including, as appropriate, a description of the 
        economic policy reforms that will be promoted by such 
        assistance).
            (4) <<NOTE: Notification.>> Exemption.--Nonproject sector 
        assistance funds may be exempt from the requirements of 
        paragraph (1) only through the regular notification procedures 
        of the Committees on Appropriations.

                       eligibility for assistance

    Sec. 7027. (a) Assistance Through Nongovernmental Organizations.--
Restrictions contained in this or any other Act with respect to 
assistance for a country shall not be construed to restrict assistance 
in support of programs of nongovernmental organizations from funds 
appropriated by this Act to carry out the provisions of chapters 1, 10, 
11, and 12 of part I and chapter 4 of part II of the Foreign Assistance 
Act of 1961 and from funds appropriated under the heading ``Assistance 
for Europe, Eurasia and Central Asia'':  
Provided, <<NOTE: President. Notification.>> That before using the 
authority of this subsection to furnish assistance in support of 
programs of nongovernmental organizations, the President shall notify 
the Committees on Appropriations pursuant to the regular notification 
procedures, including a description of the program to be assisted, the 
assistance to be provided, and the reasons for furnishing such 
assistance:  Provided further, <<NOTE: Abortion. Sterilization.>> That 
nothing in this subsection shall be construed to alter any existing 
statutory prohibitions against abortion or involuntary sterilizations 
contained in this or any other Act.

    (b) <<NOTE: Notification.>> Public Law 480.--During fiscal year 
2023, restrictions contained in this or any other Act with respect to 
assistance for a country shall not be construed to restrict assistance 
under the Food for Peace Act (Public Law 83-480; 7 U.S.C. 1721 et seq.): 
 Provided, That none of the funds appropriated to carry out title I of 
such Act and made available pursuant to this subsection may be obligated 
or expended except as provided through the regular notification 
procedures of the Committees on Appropriations.

    (c) Exception.--This section shall not apply--
            (1) with respect to section 620A of the Foreign Assistance 
        Act of 1961 or any comparable provision of law prohibiting

[[Page 136 STAT. 5021]]

        assistance to countries that support international terrorism; or
            (2) with respect to section 116 of the Foreign Assistance 
        Act of 1961 or any comparable provision of law prohibiting 
        assistance to the government of a country that violates 
        internationally recognized human rights.

                           disability programs

    Sec. 7028. (a) Assistance.--Funds appropriated by this Act under the 
heading ``Development Assistance'' shall be made available for programs 
and activities administered by the United States Agency for 
International Development to address the needs and protect and promote 
the rights of people with disabilities in developing countries, 
including initiatives that focus on independent living, economic self-
sufficiency, advocacy, education, employment, transportation, sports, 
political and electoral participation, and integration of individuals 
with disabilities, including for the cost of translation:  Provided, 
That funds shall be made available to support disability rights advocacy 
organizations in developing countries.
    (b) Management, Oversight, and Technical Support.--Of the funds made 
available pursuant to this section, 5 percent may be used by USAID for 
management, oversight, and technical support.

                  international financial institutions

    Sec. 7029. <<NOTE: Public information.>> (a) Evaluations.--The 
Secretary of the Treasury shall instruct the United States executive 
director of each international financial institution to use the voice of 
the United States to encourage such institution to adopt and implement a 
publicly available policy, including the strategic use of peer reviews 
and external experts, to conduct independent, in-depth evaluations of 
the effectiveness of at least 35 percent of all loans, grants, programs, 
and significant analytical non-lending activities in advancing the 
institution's goals of reducing poverty and promoting equitable economic 
growth, consistent with relevant safeguards, to ensure that decisions to 
support such loans, grants, programs, and activities are based on 
accurate data and objective analysis.

    (b) Safeguards.--
            (1) Standard.--The Secretary of the Treasury shall instruct 
        the United States Executive Director of the International Bank 
        for Reconstruction and Development and the International 
        Development Association to use the voice and vote of the United 
        States to oppose any loan, grant, policy, or strategy if such 
        institution has adopted and is implementing any social or 
        environmental safeguard relevant to such loan, grant, policy, or 
        strategy that provides less protection than World Bank 
        safeguards in effect on September 30, 2015.
            (2) Accountability, standards, and best practices.--The 
        Secretary of the Treasury shall instruct the United States 
        executive director of each international financial institution 
        to use the voice and vote of the United States to oppose loans 
        or other financing for projects unless such projects--
                    (A) provide for accountability and transparency, 
                including the collection, verification, and publication 
                of beneficial ownership information related to 
                extractive

[[Page 136 STAT. 5022]]

                industries and on-site monitoring during the life of the 
                project;
                    (B) will be developed and carried out in accordance 
                with best practices regarding environmental 
                conservation, cultural protection, and empowerment of 
                local populations, including free, prior and informed 
                consent of affected Indigenous communities;
                    (C) <<NOTE: Human rights.>> do not provide 
                incentives for, or facilitate, forced displacement or 
                other violations of human rights; and
                    (D) do not partner with or otherwise involve 
                enterprises owned or controlled by the armed forces.

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

[[Page 136 STAT. 5023]]

            (4) access to binding independent adjudicative bodies, 
        including shared cost and selection external arbitration; and
            (5) results that eliminate the effects of proven 
        retaliation, including provision for the restoration of prior 
        employment.

    (h) Grievance Mechanisms and Procedures.--The Secretary of the 
Treasury shall instruct the United States executive director of each 
international financial institution to use the voice and vote of the 
United States to support independent investigative and adjudicative 
mechanisms and procedures that meet or exceed best practices in the 
United States to provide due process and fair compensation, including 
the right to reinstatement, for employees who are subjected to 
harassment, discrimination, retaliation, false allegations, or other 
misconduct.
    (i) <<NOTE: President. Budget request. Determination. Reports.>>  
Capital Increases.--None of the funds appropriated by this Act may be 
made available to support a new capital increase for an international 
financial institution unless the President submits a budget request for 
such increase to Congress and determines and reports to the Committees 
on Appropriations that--
            (1) the institution has completed a thorough analysis of the 
        development challenges facing the relevant geographical region, 
        the role of the institution in addressing such challenges and 
        its role relative to other financing partners, and the steps to 
        be taken to enhance the efficiency and effectiveness of the 
        institution; and
            (2) the governors of such institution have approved the 
        capital increase.

                           technology security

    Sec. 7030. (a) Insecure Communications Networks.--Funds appropriated 
by this Act shall be made available for programs, including through the 
Digital Connectivity and Cybersecurity Partnership, to--
            (1) advance the adoption of secure, next-generation 
        communications networks and services, including 5G, and 
        cybersecurity policies, in countries receiving assistance under 
        this Act and prior Acts making appropriations for the Department 
        of State, foreign operations, and related programs;
            (2) <<NOTE: China.>> counter the establishment of insecure 
        communications networks and services, including 5G, promoted by 
        the People's Republic of China and other state-backed 
        enterprises that are subject to undue or extrajudicial control 
        by their country of origin; and
            (3) provide policy and technical training on deploying open, 
        interoperable, reliable, and secure networks to information 
        communication technology professionals in countries receiving 
        assistance under this Act, as appropriate:

  Provided, <<NOTE: Consultation.>> That such funds, including funds 
appropriated under the heading ``Economic Support Fund'', may be used to 
strengthen civilian cybersecurity and information and communications 
technology capacity, including participation of foreign law enforcement 
and military personnel in non-military activities, notwithstanding any 
other provision of law and following consultation with the Committees on 
Appropriations.

    (b) <<NOTE: Allocations.>> CHIPS for America International 
Technology Security and Innovation Fund.--

[[Page 136 STAT. 5024]]

            (1) <<NOTE: Deadline.>> Within 45 days of enactment of this 
        Act, the Secretary of State shall allocate amounts made 
        available from the Creating Helpful Incentives to Produce 
        Semiconductors (CHIPS) for America International Technology 
        Security and Innovation Fund for fiscal year 2023 pursuant to 
        the transfer authority in section 102(c)(1) of the CHIPS Act of 
        2022 (division A of Public Law 117-167), to the accounts 
        specified and in the amounts specified, in the table titled 
        ``CHIPS for America International Technology Security and 
        Innovation Fund'' in the explanatory statement described in 
        section 4 (in the matter preceding division A of this 
        consolidated Act): <<NOTE: Consultation. Notification.>>   
        Provided, That such funds shall be subject to prior consultation 
        with, and the regular notification procedures of, the Committees 
        on Appropriations.
            (2) Neither the President nor his designee may allocate any 
        amounts that are made available for any fiscal year under 
        section 102(c)(2) of the CHIPS Act of 2022 if there is in effect 
        an Act making or continuing appropriations for part of a fiscal 
        year for the Department of State, Foreign Operations, and 
        Related Programs:  Provided, That in any fiscal year, the matter 
        preceding this proviso shall not apply to the allocation, 
        apportionment, or allotment of amounts for continuing 
        administration of programs allocated using funds transferred 
        from the CHIPS for America International Technology Security and 
        Innovation Fund, which may be allocated pursuant to the transfer 
        authority in section 102(c)(1) of the CHIPS Act of 2022 only in 
        amounts that are no more than the allocation for such purposes 
        in paragraph (1) of this subsection.
            (3) Concurrent with the annual budget submission of the 
        President for fiscal year 2024, the Secretary of State shall 
        submit to the Committees on Appropriations proposed allocations 
        by account and by program, project, or activity, with detailed 
        justifications, for amounts made available under section 
        102(c)(2) of the CHIPS Act of 2022 for fiscal year 2024.
            (4) <<NOTE: Reports.>> The Secretary of State shall provide 
        the Committees on Appropriations quarterly reports on the status 
        of balances of projects and activities funded by the CHIPS for 
        America International Technology Security and Innovation Fund 
        for amounts allocated pursuant to paragraph (1) of this 
        subsection, including all uncommitted, committed, and 
        unobligated funds.

     financial management, budget transparency, and anti-corruption

    Sec. 7031. (a) Limitation on Direct Government-to-Government 
Assistance.--
            (1) Requirements.--Funds appropriated by this Act may be 
        made available for direct government-to-government assistance 
        only if--
                    (A) the requirements included in section 
                7031(a)(1)(A) through (E) of the Department of State, 
                Foreign Operations, and Related Programs Appropriations 
                Act, 2019 (division F of Public Law 116-6) are fully 
                met; and
                    (B) the government of the recipient country is 
                taking steps to reduce corruption.

[[Page 136 STAT. 5025]]

            (2) Consultation and notification.--In addition to the 
        requirements in paragraph (1), funds may only be made available 
        for direct government-to-government assistance subject to prior 
        consultation with, and the regular notification procedures of, 
        the Committees on Appropriations:  Provided, That such 
        notification shall contain an explanation of how the proposed 
        activity meets the requirements of paragraph (1):  Provided 
        further, That <<NOTE: Applicability.>>  the requirements of this 
        paragraph shall only apply to direct government-to-government 
        assistance in excess of $10,000,000 and all funds available for 
        cash transfer, budget support, and cash payments to individuals.
            (3) <<NOTE: Reports.>> Suspension of assistance.--The 
        Administrator of the United States Agency for International 
        Development or the Secretary of State, as appropriate, shall 
        suspend any direct government-to-government assistance if the 
        Administrator or the Secretary has credible information of 
        material misuse of such assistance, unless the Administrator or 
        the Secretary reports to the Committees on Appropriations that 
        it is in the national interest of the United States to continue 
        such assistance, including a justification, or that such misuse 
        has been appropriately addressed.
            (4) Submission of information.--The Secretary of State shall 
        submit to the Committees on Appropriations, concurrent with the 
        fiscal year 2024 congressional budget justification materials, 
        amounts planned for assistance described in paragraph (1) by 
        country, proposed funding amount, source of funds, and type of 
        assistance.
            (5) Debt service payment prohibition.--None of the funds 
        made available by this Act may be used by the government of any 
        foreign country for debt service payments owed by any country to 
        any international financial institution.

    (b) National Budget and Contract Transparency.--
            (1) Minimum requirements of fiscal transparency.--
        The <<NOTE: Updates.>>  Secretary of State shall continue to 
        update and strengthen the ``minimum requirements of fiscal 
        transparency'' for each government receiving assistance 
        appropriated by this Act, as identified in the report required 
        by section 7031(b) of the Department of State, Foreign 
        Operations, and Related Programs Appropriations Act, 2014 
        (division K of Public Law 113-76).
            (2) <<NOTE: Public information. Web posting.>> Determination 
        and report.--For each government identified pursuant to 
        paragraph (1), the Secretary of State, not later than 180 days 
        after the date of enactment of this Act, shall make or update 
        any determination of ``significant progress'' or ``no 
        significant progress'' in meeting the minimum requirements of 
        fiscal transparency, and make such determinations publicly 
        available in an annual ``Fiscal Transparency Report'' to be 
        posted on the Department of State website:  Provided, That such 
        report shall include the elements included under this section in 
        House Report 117-401.
            (3) Assistance.--Not less than $7,000,000 of the funds 
        appropriated by this Act under the heading ``Economic Support 
        Fund'' shall be made available for programs and activities to 
        assist governments identified pursuant to paragraph (1) to 
        improve budget transparency and to support civil society 
        organizations in such countries that promote budget 
        transparency.

[[Page 136 STAT. 5026]]

    (c) <<NOTE: 8 USC 1182 note.>>  Anti-Kleptocracy and Human Rights.--
            (1) Ineligibility.--
                    (A) Officials of foreign governments and their 
                immediate family members about whom the Secretary of 
                State has credible information have been involved, 
                directly or indirectly, in significant corruption, 
                including corruption related to the extraction of 
                natural resources, or a gross violation of human rights, 
                including the wrongful detention of locally employed 
                staff of a United States diplomatic mission or a United 
                States citizen or national, shall be ineligible for 
                entry into the United States.
                    (B) <<NOTE: Determination.>> Concurrent with the 
                application of subparagraph (A), the Secretary shall, as 
                appropriate, refer the matter to the Office of Foreign 
                Assets Control, Department of the Treasury, to determine 
                whether to apply sanctions authorities in accordance 
                with United States law to block the transfer of property 
                and interests in property, and all financial 
                transactions, in the United States involving any person 
                described in such subparagraph.
                    (C) The Secretary shall also publicly or privately 
                designate or identify the officials of foreign 
                governments and their immediate family members about 
                whom the Secretary has such credible information without 
                regard to whether the individual has applied for a visa.
            (2) Exception.--Individuals shall not be ineligible for 
        entry into the United States pursuant to paragraph (1) if such 
        entry would further important United States law enforcement 
        objectives or is necessary to permit the United States to 
        fulfill its obligations under the United Nations Headquarters 
        Agreement:  Provided, That nothing in paragraph (1) shall be 
        construed to derogate from United States Government obligations 
        under applicable international agreements.
            (3) <<NOTE: Determination.>>  Waiver.--The Secretary may 
        waive the application of paragraph (1) if the Secretary 
        determines that the waiver would serve a compelling national 
        interest or that the circumstances which caused the individual 
        to be ineligible have changed sufficiently.
            (4) <<NOTE: Termination date. Time period. List.>>  
        Report.--Not later than 30 days after the date of enactment of 
        this Act, and every 90 days thereafter until September 30, 2024, 
        the Secretary of State shall submit a report, including a 
        classified annex if necessary, to the appropriate congressional 
        committees and the Committees on the Judiciary describing the 
        information related to corruption or violation of human rights 
        concerning each of the individuals found ineligible in the 
        previous 12 months pursuant to paragraph (1)(A) as well as the 
        individuals who the Secretary designated or identified pursuant 
        to paragraph (1)(B), or who would be ineligible but for the 
        application of paragraph (2), a list of any waivers provided 
        under paragraph (3), and the justification for each waiver.
            (5) Posting of report.--Any unclassified portion of the 
        report required under paragraph (4) shall be posted on the 
        Department of State website.
            (6) Clarification.--For purposes of paragraphs (1), (4), and 
        (5), the records of the Department of State and of diplomatic 
        and consular offices of the United States pertaining to

[[Page 136 STAT. 5027]]

        the issuance or refusal of visas or permits to enter the United 
        States shall not be considered confidential.

    (d) Extraction of Natural Resources.--
            (1) Assistance.--Funds appropriated by this Act shall be 
        made available to promote and support transparency and 
        accountability of expenditures and revenues related to the 
        extraction of natural resources, including by strengthening 
        implementation and monitoring of the Extractive Industries 
        Transparency Initiative, implementing and enforcing section 8204 
        of the Food, Conservation, and Energy Act of 2008 (Public Law 
        110-246; 122 Stat. 2052) and the amendments made by such 
        section, and to prevent the sale of conflict diamonds, and for 
        technical assistance to promote independent audit mechanisms and 
        support civil society participation in natural resource 
        management.
            (2) Public disclosure and independent audits.--
                    (A) The Secretary of the Treasury shall instruct the 
                executive director of each international financial 
                institution to use the voice and vote of the United 
                States to oppose any assistance by such institutions 
                (including any loan, credit, grant, or guarantee) to any 
                country for the extraction and export of a natural 
                resource if the government of such country has in place 
                laws, regulations, or procedures to prevent or limit the 
                public disclosure of company payments as required by 
                United States law, and unless such government has 
                adopted laws, regulations, or procedures in the sector 
                in which assistance is being considered that: (1) 
                accurately account for and publicly disclose payments to 
                the government by companies involved in the extraction 
                and export of natural resources; (2) include independent 
                auditing of accounts receiving such payments and the 
                public disclosure of such audits; and (3) require public 
                disclosure of agreement and bidding documents, as 
                appropriate.
                    (B) The requirements of subparagraph (A) shall not 
                apply to assistance for the purpose of building the 
                capacity of such government to meet the requirements of 
                such subparagraph.

                           democracy programs

    Sec. 7032. (a) Funding.--
            (1) In general.--Of the funds appropriated by this Act under 
        the headings ``Development Assistance'', ``Economic Support 
        Fund'', ``Democracy Fund'', ``Assistance for Europe, Eurasia and 
        Central Asia'', and ``International Narcotics Control and Law 
        Enforcement'', $2,900,000,000 should be made available for 
        democracy programs.
            (2) Programs.--Of the funds made available for democracy 
        programs under the headings ``Economic Support Fund'' and 
        ``Assistance for Europe, Eurasia and Central Asia'' pursuant to 
        paragraph (1), not less than $117,040,000 shall be made 
        available to the Bureau of Democracy, Human Rights, and Labor, 
        Department of State.

    (b) Authorities.--
            (1) Availability.--Funds made available by this Act for 
        democracy programs pursuant to subsection (a) and under the

[[Page 136 STAT. 5028]]

        heading ``National Endowment for Democracy'' may be made 
        available notwithstanding any other provision of law, and with 
        regard to the National Endowment for Democracy (NED), any 
        regulation.
            (2) Beneficiaries.--Funds made available by this Act for the 
        NED are made available pursuant to the authority of the National 
        Endowment for Democracy Act (title V of Public Law 98-164), 
        including all decisions regarding the selection of 
        beneficiaries.

    (c) Definition of Democracy Programs.--For purposes of funds 
appropriated by this Act, the term ``democracy programs'' means programs 
that support good governance, credible and competitive elections, 
freedom of expression, association, assembly, and religion, human 
rights, labor rights, independent media, and the rule of law, and that 
otherwise strengthen the capacity of democratic political parties, 
governments, nongovernmental organizations and institutions, and 
citizens to support the development of democratic states and 
institutions that are responsive and accountable to citizens.
    (d) Program Prioritization.--Funds made available pursuant to this 
section that are made available for programs to strengthen government 
institutions shall be prioritized for those institutions that 
demonstrate a commitment to democracy and the rule of law.
    (e) Restrictions on Foreign Government Interference.--
            (1) Prior approval.--With respect to the provision of 
        assistance for democracy programs in this Act, the organizations 
        implementing such assistance, the specific nature of the 
        assistance, and the participants in such programs shall not be 
        subject to prior approval by the government of any foreign 
        country.
            (2) Disclosure of implementing partner information.--If 
        the <<NOTE: Determination. Negotiation>>  Secretary of State, in 
        consultation with the Administrator of the United States Agency 
        for International Development, determines that the government of 
        the country is undemocratic or has engaged in or condoned 
        harassment, threats, or attacks against organizations 
        implementing democracy programs, any new bilateral agreement 
        governing the terms and conditions under which assistance is 
        provided to such country shall not require the disclosure of the 
        names of implementing partners of democracy programs, and the 
        Secretary of State and the USAID Administrator shall 
        expeditiously seek to negotiate amendments to existing bilateral 
        agreements, as necessary, to conform to this requirement.

    (f) Continuation of Current Practices.--USAID shall continue to 
implement civil society and political competition and consensus building 
programs abroad with funds appropriated by this Act in a manner that 
recognizes the unique benefits of grants and cooperative agreements in 
implementing such programs.
    (g) Digital Security and Countering Disinformation.--Funds 
appropriated by this Act shall be made available to advance digital 
security and counter disinformation as described under this section in 
the explanatory statement described in section 4 (in the matter 
preceding division A of this consolidated Act).
    (h) Informing the National Endowment for Democracy.--The Assistant 
Secretary for Democracy, Human Rights, and Labor, Department of State, 
and the Assistant Administrator for Development, Democracy, and 
Innovation, USAID, shall regularly inform

[[Page 136 STAT. 5029]]

the NED of democracy programs that are planned and supported with funds 
made available by this Act and prior Acts making appropriations for the 
Department of State, foreign operations, and related programs.
    (i) Protection of Civil Society Activists and Journalists.--Of the 
funds appropriated by this Act under the headings ``Economic Support 
Fund'' and ``Democracy Fund'', not less than $30,000,000 shall be made 
available to support and protect civil society activists and journalists 
who have been threatened, harassed, or attacked, including journalists 
affiliated with the United States Agency for Global Media.
    (j) International Freedom of Expression and Independent Media.--Of 
the funds appropriated by this Act under the heading ``Economic Support 
Fund'', not less than $20,000,000 shall be made available for programs 
to protect international freedom of expression and independent media, as 
described under this section in House Report 117-401.
    (k) <<NOTE: 22 USC 8201 note.>>  David E. Price Legislative 
Strengthening Program.--Funds appropriated by this Act under the heading 
``Democracy Fund'' shall be made available for legislative strengthening 
programs:  Provided, <<NOTE: Consultation. Notification.>> That such 
funds shall be subject to prior consultation with, and the regular 
notification procedures of, the Committees on Appropriations:  Provided 
further, That such programs shall hereafter be collectively named the 
``David E. Price Legislative Strengthening Program''.

                     international religious freedom

    Sec. 7033. (a) International Religious Freedom Office.--Funds 
appropriated by this Act under the heading ``Diplomatic Programs'' shall 
be made available for the Office of International Religious Freedom, 
Department of State.
    (b) Assistance.--Funds appropriated by this Act under the headings 
``Economic Support Fund'', ``Democracy Fund'', and ``International 
Broadcasting Operations'' shall be made available for international 
religious freedom programs and funds appropriated by this Act under the 
headings ``International Disaster Assistance'' and ``Migration and 
Refugee Assistance'' shall be made available for humanitarian assistance 
for vulnerable and persecuted ethnic and religious minorities:  
Provided, <<NOTE: Consultation.>> That funds made available by this Act 
under the headings ``Economic Support Fund'' and ``Democracy Fund'' 
pursuant to this section shall be the responsibility of the Ambassador-
at-Large for International Religious Freedom, in consultation with other 
relevant United States Government officials, and shall be subject to 
prior consultation with the Committees on Appropriations.

    (c) Authority.--Funds appropriated by this Act and prior Acts making 
appropriations for the Department of State, foreign operations, and 
related programs under the heading ``Economic Support Fund'' may be made 
available notwithstanding any other provision of law for assistance for 
ethnic and religious minorities in Iraq and Syria.
    (d) <<NOTE: Extension.>> Designation of Non-State Actors.--Section 
7033(e) of the Department of State, Foreign Operations, and Related 
Programs Appropriations Act, 2017 (division J of Public Law 115-31) 
shall continue in effect during fiscal year 2023.

[[Page 136 STAT. 5030]]

                           special provisions

    Sec. 7034. (a) Victims of War, Displaced Children, and Displaced 
Burmese.--Funds appropriated in title III of this Act that are made 
available for victims of war, displaced children, displaced Burmese, and 
to combat trafficking in persons and assist victims of such trafficking 
may be made available notwithstanding any other provision of law.
    (b) Forensic Assistance.--
            (1) Of the funds appropriated by this Act under the heading 
        ``Economic Support Fund'', not less than $20,000,000 shall be 
        made available for forensic anthropology assistance related to 
        the exhumation and identification of victims of war crimes, 
        crimes against humanity, and genocide, which shall be 
        administered by the Assistant Secretary for Democracy, Human 
        Rights, and Labor, Department of State:  Provided, That such 
        funds shall be in addition to funds made available by this Act 
        and prior Acts making appropriations for the Department of 
        State, foreign operations, and related programs for assistance 
        for countries.
            (2) Of the funds appropriated by this Act under the heading 
        ``International Narcotics Control and Law Enforcement'', not 
        less than $10,000,000 shall be made available for DNA forensic 
        technology programs to combat human trafficking in Central 
        America and Mexico.

    (c) World Food Programme.--Funds managed by the Bureau for 
Humanitarian Assistance, United States Agency for International 
Development, from this or any other Act, may be made available as a 
general contribution to the World Food Programme, notwithstanding any 
other provision of law.
    (d) Directives and Authorities.--
            (1) Research and training.--Funds appropriated by this Act 
        under the heading ``Assistance for Europe, Eurasia and Central 
        Asia'' shall be made available to carry out the Program for 
        Research and Training on Eastern Europe and the Independent 
        States of the Former Soviet Union as authorized by the Soviet-
        Eastern European Research and Training Act of 1983 (22 U.S.C. 
        4501 et seq.).
            (2) <<NOTE: Notification.>>  Genocide victims memorial 
        sites.--Funds appropriated by this Act and prior Acts making 
        appropriations for the Department of State, foreign operations, 
        and related programs under the headings ``Economic Support 
        Fund'' and ``Assistance for Europe, Eurasia and Central Asia'' 
        may be made available as contributions to establish and maintain 
        memorial sites of genocide, subject to the regular notification 
        procedures of the Committees on Appropriations.
            (3) <<NOTE: Consultation. Notification.>> Private sector 
        partnerships.--Of the funds appropriated by this Act under the 
        headings ``Development Assistance'' and ``Economic Support 
        Fund'' that are made available for private sector partnerships, 
        including partnerships with philanthropic foundations, up to 
        $50,000,000 may remain available until September 30, 2025:  
        Provided, That funds made available pursuant to this paragraph 
        may only be made available following prior consultation with, 
        and the regular notification procedures of, the Committees on 
        Appropriations.
            (4) Additional authority.--Of the amounts made available by 
        this Act under the heading ``Diplomatic Programs'',

[[Page 136 STAT. 5031]]

        up to $500,000 may be made available for grants pursuant to 
        section 504 of the Foreign Relations Authorization Act, Fiscal 
        Year 1979 (22 U.S.C. 2656d), including to facilitate 
        collaboration with Indigenous communities.
            (5) Innovation.--The USAID Administrator may use funds 
        appropriated by this Act under title III to make innovation 
        incentive awards in accordance with the terms and conditions of 
        section 7034(e)(4) of the Department of State, Foreign 
        Operations, and Related Programs Appropriations Act, 2019 
        (division F of Public Law 116-6):  Provided, That each 
        individual award may not exceed $100,000.
            (6) Development innovation ventures.--Funds appropriated by 
        this Act under the heading ``Development Assistance'' and made 
        available for the Development Innovation Ventures program may be 
        made available for the purposes of chapter I of part I of the 
        Foreign Assistance Act of 1961.
            (7) <<NOTE: Consultation. Notification.>> Exchange visitor 
        program.--None of the funds made available by this Act may be 
        used to modify the Exchange Visitor Program administered by the 
        Department of State to implement the Mutual Educational and 
        Cultural Exchange Act of 1961 (Public Law 87-256; 22 U.S.C. 2451 
        et seq.), except through the formal rulemaking process pursuant 
        to the Administrative Procedure Act (5 U.S.C. 551 et seq.) and 
        notwithstanding the exceptions to such rulemaking process in 
        such Act:  Provided, That funds made available for such purpose 
        shall only be made available after consultation with, and 
        subject to the regular notification procedures of, the 
        Committees on Appropriations, regarding how any proposed 
        modification would affect the public diplomacy goals of, and the 
        estimated economic impact on, the United States:  Provided 
        further, <<NOTE: Deadline. Federal Register, publication.>> That 
        such consultation shall take place not later than 30 days prior 
        to the publication in the Federal Register of any regulatory 
        action modifying the Exchange Visitor Program.
            (8) Payments.--Funds appropriated by this Act and prior Acts 
        making appropriations for the Department of State, foreign 
        operations, and related programs under the headings ``Diplomatic 
        Programs'' and ``Operating Expenses'', except for funds 
        designated by Congress as an emergency requirement pursuant to a 
        concurrent resolution on the budget or the Balanced Budget and 
        Emergency Deficit Control Act of 1985, are available to provide 
        payments pursuant to section 901(i)(2) of title IX of division J 
        of the Further Consolidated Appropriations Act, 2020 (22 U.S.C. 
        2680b(i)(2)):  Provided, <<NOTE: Consultation.>> That funds made 
        available pursuant to this paragraph shall be subject to prior 
        consultation with the Committees on Appropriations.
            (9) Afghan allies.--Section 602(b)(3)(F) of the Afghan 
        Allies Protection Act of 2009 (8 U.S.C. 1101 note) is amended--
                    (A) in the heading, by striking ``2022'' and 
                inserting ``2023'';
                    (B) in the matter preceding clause (i), in the first 
                sentence, by striking ``34,500'' and inserting 
                ``38,500''; and
                    (C) in clauses (i) and (ii), by striking ``December 
                31, 2023'' and inserting ``December 31, 2024''.
            (10) Transatlantic engagement.--Funds appropriated by this 
        Act under the heading ``Diplomatic Programs'' are available for 
        support of an institute for transatlantic engagement if 
        legislation establishing such an institute is enacted into law 
        by

[[Page 136 STAT. 5032]]

        September 30, 2023:  Provided, That in the event that such 
        legislation is not enacted into law by such date, the amounts 
        described in this paragraph shall be available under the heading 
        ``Diplomatic Programs'' for the purposes therein.

    (e) <<NOTE: Consultation.>> Partner Vetting.--Prior to initiating a 
partner vetting program, providing a direct vetting option, or making a 
significant change to the scope of an existing partner vetting program, 
the Secretary of State and USAID Administrator, as appropriate, shall 
consult with the Committees on Appropriations: <<NOTE: Notification.>>   
Provided, That the Secretary and the Administrator shall provide a 
direct vetting option for prime awardees in any partner vetting program 
initiated or significantly modified after the date of enactment of this 
Act, unless the Secretary of State or USAID Administrator, as 
applicable, informs the Committees on Appropriations on a case-by-case 
basis that a direct vetting option is not feasible for such program.

    (f) <<NOTE: President.>> Contingencies.--During fiscal year 2023, 
the President may use up to $145,000,000 under the authority of section 
451 of the Foreign Assistance Act of 1961, notwithstanding any other 
provision of law.

    (g) International Child Abductions.--The Secretary of State should 
withhold funds appropriated under title III of this Act for assistance 
for the central government of any country that is not taking appropriate 
steps to comply with the Convention on the Civil Aspects of 
International Child Abductions, done at the Hague on October 25, 1980:  
Provided, <<NOTE: Reports.>> That the Secretary shall report to the 
Committees on Appropriations within 15 days of withholding funds under 
this subsection.

    (h) Transfer of Funds for Extraordinary Protection.--The 
Secretary <<NOTE: Deadline.>>  of State may transfer to, and merge with, 
funds under the heading ``Protection of Foreign Missions and Officials'' 
unobligated balances of expired funds appropriated under the heading 
``Diplomatic Programs'' for fiscal year 2023, at no later than the end 
of the fifth fiscal year after the last fiscal year for which such funds 
are available for the purposes for which appropriated:  Provided, That 
not more than $50,000,000 may be transferred.

    (i) Protections and Remedies for Employees of Diplomatic Missions 
and International Organizations.--The terms and conditions of section 
7034(k) of the Department of State, Foreign Operations, and Related 
Programs Appropriations Act, 2020 (division G of Public Law 116-94) 
shall continue in effect during fiscal year 2023.
    (j) <<NOTE: Consultation.>> Personnel.--Funds appropriated under the 
heading ``Migration and Refugee Assistance'' may be used to carry out 
section 5(a)(6) of the Migration and Refugee Assistance Act of 1962 (22 
U.S.C. 2605(a)(6)) for employing up to 50 individuals domestically 
without regard to the geographic limitation in such section, following 
consultation with the Committees on Appropriations.

    (k) <<NOTE: Extension.>> Impact on Jobs.--Section 7056 of the 
Department of State, Foreign Operations, and Related Programs 
Appropriations Act, 2021 (division K of Public Law 116-260) shall 
continue in effect during fiscal year 2023.

    (l) Extension of Authorities.--
            (1) <<NOTE: 5 USC 5753 note.>> Incentives for critical 
        posts.--The authority contained in section 1115(d) of the 
        Supplemental Appropriations

[[Page 136 STAT. 5033]]

        Act, 2009 (Public Law 111-32) shall remain in effect through 
        September 30, 2023.
            (2) Categorical eligibility.--The Foreign Operations, Export 
        Financing, and Related Programs Appropriations Act, 1990 (Public 
        Law 101-167) is amended--
                    (A) in section 599D (8 U.S.C. 1157 note)--
                          (i) in subsection (b)(3), by striking ``and 
                      2022'' and inserting ``2022, and 2023''; and
                          (ii) in subsection (e), by striking ``2022'' 
                      each place it appears and inserting ``2023''; and
                    (B) in section 599E(b)(2) (8 U.S.C. 1255 note), by 
                striking ``2022'' and inserting ``2023''.
            (3) Special inspector general for afghanistan reconstruction 
        competitive status.-- <<NOTE: Time period.>> Notwithstanding any 
        other provision of law, any employee of the Special Inspector 
        General for Afghanistan Reconstruction (SIGAR) who completes at 
        least 12 months of continuous service after enactment of this 
        Act or who is employed on the date on which SIGAR terminates, 
        whichever occurs first, shall acquire competitive status for 
        appointment to any position in the competitive service for which 
        the employee possesses the required qualifications.
            (4) <<NOTE: 8 USC 1715 note.>> Transfer of balances.--
        Section 7081(h) of the Department of State, Foreign Operations, 
        and Related Programs Appropriations Act, 2017 (division J of 
        Public Law 115-31) shall continue in effect during fiscal year 
        2023.
            (5) Protective services.--Section 7071 of the Department of 
        State, Foreign Operations, and Related Programs Appropriations 
        Act, 2022 (division K of Public Law 117-103) shall continue in 
        effect during fiscal year 2023.
            (6) Extension of loan guarantees to israel.--Chapter 5 of 
        title I of the Emergency Wartime Supplemental Appropriations 
        Act, 2003 (Public Law 108-11; 117 Stat. 576) is amended under 
        the heading ``Loan Guarantees to Israel''--
                    (A) in the matter preceding the first proviso, by 
                striking ``September 30, 2023'' and inserting 
                ``September 30, 2028''; and
                    (B) in the second proviso, by striking ``September 
                30, 2023'' and inserting ``September 30, 2028''.

    (m) Monitoring and Evaluation.--
            (1) Beneficiary feedback.--Funds appropriated by this Act 
        that are made available for monitoring and evaluation of 
        assistance under the headings ``Development Assistance'', 
        ``International Disaster Assistance'', and ``Migration and 
        Refugee Assistance'' shall be made available for the regular and 
        systematic collection of feedback obtained directly from 
        beneficiaries to enhance the quality and relevance of such 
        assistance:  Provided, That <<NOTE: Deadline. Web 
        posting. Procedures. Guidelines.>>  not later than 90 days after 
        the date of enactment of this Act, the Secretary of State and 
        USAID Administrator shall submit to the Committees on 
        Appropriations, and post on their respective websites, updated 
        procedures for implementing partners that receive funds under 
        such headings for regularly and systematically collecting and 
        responding to such feedback, including guidelines for the 
        reporting on actions taken in response to the feedback 
        received: <<NOTE: Oversight.>>   Provided further, That the 
        Secretary of State and USAID Administrator shall regularly--

[[Page 136 STAT. 5034]]

                    (A) conduct oversight to ensure that such feedback 
                is regularly collected and used by implementing partners 
                to maximize the cost-effectiveness and utility of such 
                assistance; and
                    (B) <<NOTE: Consultation.>>  consult with the 
                Committees on Appropriations on the results of such 
                oversight.
            (2) Ex-post evaluations.--Of the funds appropriated by this 
        Act under titles III and IV, not less than $10,000,000 shall be 
        made available for ex-post evaluations of the effectiveness and 
        sustainability of United States Government-funded assistance 
        programs.

    (n) HIV/AIDS Working Capital Fund.--Funds available in the HIV/AIDS 
Working Capital Fund established pursuant to section 525(b)(1) of the 
Foreign Operations, Export Financing, and Related Programs 
Appropriations Act, 2005 (Public Law 108-447) may be made available for 
pharmaceuticals and other products for child survival, malaria, 
tuberculosis, and emerging infectious diseases to the same extent as 
HIV/AIDS pharmaceuticals and other products, subject to the terms and 
conditions in such section:  Provided, That <<NOTE: Notification.>>  the 
authority in section 525(b)(5) of the Foreign Operations, Export 
Financing, and Related Programs Appropriation Act, 2005 (Public Law 108-
447) shall be exercised by the Assistant Administrator for Global 
Health, USAID, with respect to funds deposited for such non-HIV/AIDS 
pharmaceuticals and other products, and shall be subject to the regular 
notification procedures of the Committees on Appropriations:  Provided 
further, That the Secretary of State shall include in the congressional 
budget justification an accounting of budgetary resources, 
disbursements, balances, and reimbursements related to such fund.

    (o) Loans, Consultation, and Notification.--
            (1) <<NOTE: Foreign countries.>> Loan guarantees.--Funds 
        appropriated under the headings ``Economic Support Fund'' and 
        ``Assistance for Europe, Eurasia and Central Asia'' by this Act 
        and prior Acts making appropriations for the Department of 
        State, foreign operations, and related programs may be made 
        available for the costs, as defined in section 502 of the 
        Congressional Budget Act of 1974, of loan guarantees for Egypt, 
        Jordan, Small Island Developing States, Tunisia, and Ukraine, 
        which are authorized to be provided:  Provided, That amounts 
        made available under this paragraph for the costs of such 
        guarantees shall not be considered assistance for the purposes 
        of provisions of law limiting assistance to a country.
            (2) Consultation and notification.--Funds made available 
        pursuant to the authorities of this subsection shall be subject 
        to prior consultation with the appropriate congressional 
        committees and the regular notification procedures of the 
        Committees on Appropriations.
            
        (3) <<NOTE: Deadline. President. Designation.>> Administration.--
        Not less than 30 days prior to exercising the authority of this 
        subsection, but not later than 90 days after the date of 
        enactment of this Act, the President shall designate, and 
        concurrently report such designation to the appropriate 
        congressional committees, the Federal agency or agencies 
        responsible for managing the legacy loan guarantee portfolio, 
        maintaining the current and future financial exposure of loan 
        guarantees, and executing future loan guarantees.

    (p) Local Works.--

[[Page 136 STAT. 5035]]

            (1) Funding.--Of the funds appropriated by this Act under 
        the headings ``Development Assistance'' and ``Economic Support 
        Fund'', not less than $100,000,000 shall be made available for 
        Local Works pursuant to section 7080 of the Department of State, 
        Foreign Operations, and Related Programs Appropriations Act, 
        2015 (division J of Public Law 113-235), which may remain 
        available until September 30, 2027.
            (2) <<NOTE: Definition. Time period. 22 USC 2152i 
        note.>> Eligible entities.--For the purposes of section 7080 of 
        the Department of State, Foreign Operations, and Related 
        Programs Appropriations Act, 2015 (division J of Public Law 113-
        235), ``eligible entities'' shall be defined as small local, 
        international, and United States-based nongovernmental 
        organizations, educational institutions, and other small 
        entities that have received less than a total of $5,000,000 from 
        USAID over the previous 5 fiscal years:  Provided, That 
        departments or centers of such educational institutions may be 
        considered individually in determining such eligibility.

    (q) Extension of Procurement Authority.--Section 7077 of the 
Department of State, Foreign Operations, and Related Programs 
Appropriations Act, 2012 (division I of Public Law 112-74) shall 
continue in effect during fiscal year 2023.
    (r) <<NOTE: Waiver authority. Consultation.>> Section 889.--For the 
purposes of obligations and expenditures made with funds appropriated by 
this Act and prior Acts making appropriations for the Department of 
State, foreign operations, and related programs, the waiver authority in 
section 889(d)(2) of the John S. McCain National Defense Authorization 
Act for Fiscal Year 2019 (Public Law 115-232) may also be available to 
the Secretary of State, following consultation with the Director of 
National Intelligence:  Provided, <<NOTE: Reports.>> That not later than 
60 days after the date of enactment of this Act, the Secretary of State 
shall submit to the appropriate congressional committees a report 
detailing the use of the authority of this subsection since the date of 
enactment of this Act, which shall include the scope and duration of any 
waiver granted, the entity covered by such waiver, and a detailed 
description of the national security interest served:  Provided 
further, <<NOTE: Updates. Termination date.>>  That such report shall be 
updated every 60 days until September 30, 2024.

    (s) Definitions.--
            (1) <<NOTE: 8 USC 1182 note.>> Appropriate congressional 
        committees.--Unless otherwise defined in this Act, for purposes 
        of this Act the term ``appropriate congressional committees'' 
        means the Committees on Appropriations and Foreign Relations of 
        the Senate and the Committees on Appropriations and Foreign 
        Affairs of the House of Representatives.
            (2) Funds appropriated by this act and prior acts.--Unless 
        otherwise defined in this Act, for purposes of this Act the term 
        ``funds appropriated by this Act and prior Acts making 
        appropriations for the Department of State, foreign operations, 
        and related programs'' means funds that remain available for 
        obligation, and have not expired.
            (3) <<NOTE: 22 USC 262h note.>> International financial 
        institutions.--In this Act ``international financial 
        institutions'' means the International Bank for Reconstruction 
        and Development, the International Development Association, the 
        International Finance Corporation, the Inter-American 
        Development Bank, the International Monetary Fund, the 
        International Fund for Agricultural

[[Page 136 STAT. 5036]]

        Development, the Asian Development Bank, the Asian Development 
        Fund, the Inter-American Investment Corporation, the North 
        American Development Bank, the European Bank for Reconstruction 
        and Development, the African Development Bank, the African 
        Development Fund, and the Multilateral Investment Guarantee 
        Agency.
            (4) Spend plan.--In this Act, the term ``spend plan'' means 
        a plan for the uses of funds appropriated for a particular 
        entity, country, program, purpose, or account and which shall 
        include, at a minimum, a description of--
                    (A) realistic and sustainable goals, criteria for 
                measuring progress, and a timeline for achieving such 
                goals;
                    (B) amounts and sources of funds by account;
                    (C) how such funds will complement other ongoing or 
                planned programs; and
                    (D) implementing partners, to the maximum extent 
                practicable.
            (5) Successor operating unit.--Any reference to a particular 
        operating unit or office in this Act or prior Acts making 
        appropriations for the Department of State, foreign operations, 
        and related programs shall be deemed to include any successor 
        operating unit performing the same or similar functions.
            (6) <<NOTE: 22 USC 2152i note.>> USAID.--In this Act, the 
        term ``USAID'' means the United States Agency for International 
        Development.

                      law enforcement and security

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

[[Page 136 STAT. 5037]]

                that meets or exceeds the standards recommended by the 
                Committee on Tactical Combat Casualty Care:  Provided 
                further, That any such training and equipment for combat 
                casualty care shall be made available through an open 
                and competitive process.
            (3) Training related to international humanitarian law.--The 
        Secretary of State shall offer training related to the 
        requirements of international humanitarian law as a component of 
        any package of lethal assistance funded by this Act with funds 
        appropriated under the headings ``Peacekeeping Operations'' and 
        ``Foreign Military Financing Program'':  Provided, That the 
        requirement of this paragraph shall not apply to a country that 
        is a member of the North Atlantic Treaty Organization (NATO), is 
        a major non-NATO ally designated by section 517(b) of the 
        Foreign Assistance Act of 1961, or is complying with 
        international humanitarian law:  Provided further, That any such 
        training shall be made available through an open and competitive 
        process.
            (4) International prison conditions.--Funds appropriated by 
        this Act under the headings ``Development Assistance'', 
        ``Economic Support Fund'', and ``International Narcotics Control 
        and Law Enforcement'' shall be made available for assistance to 
        eliminate inhumane conditions in foreign prisons and other 
        detention facilities, notwithstanding section 660 of the Foreign 
        Assistance Act of 1961:  
        Provided, <<NOTE: Consultation. Deadline.>> That the Secretary 
        of State and the USAID Administrator shall consult with the 
        Committees on Appropriations on the proposed uses of such funds 
        prior to obligation and not later than 60 days after the date of 
        enactment of this Act:  Provided further, That such funds shall 
        be in addition to funds otherwise made available by this Act for 
        such purpose.

    (b) Authorities.--
            (1) Reconstituting civilian police authority.--In providing 
        assistance with funds appropriated by this Act under section 
        660(b)(6) of the Foreign Assistance Act of 1961, support for a 
        nation emerging from instability may be deemed to mean support 
        for regional, district, municipal, or other sub-national entity 
        emerging from instability, as well as a nation emerging from 
        instability.
            (2) Disarmament, demobilization, and reintegration.--Section 
        7034(d) <<NOTE: Extension.>>  of the Department of State, 
        Foreign Operations, and Related Programs Appropriations Act, 
        2015 (division J of Public Law 113-235) shall continue in effect 
        during fiscal year 2023.
            
        (3) <<NOTE: Notification. Israel. Egypt. President. Determination
        .>> Commercial leasing of defense articles.--Notwithstanding any 
        other provision of law, and subject to the regular notification 
        procedures of the Committees on Appropriations, the authority of 
        section 23(a) of the Arms Export Control Act (22 U.S.C. 2763) 
        may be used to provide financing to Israel, Egypt, the North 
        Atlantic Treaty Organization (NATO), and major non-NATO allies 
        for the procurement by leasing (including leasing with an option 
        to purchase) of defense articles from United States commercial 
        suppliers, not including Major Defense Equipment (other than 
        helicopters and other types of aircraft having possible civilian 
        application), if the President determines that there are 
        compelling foreign policy or national security reasons for those 
        defense articles being provided by

[[Page 136 STAT. 5038]]

        commercial lease rather than by government-to-government sale 
        under such Act.
            (4) Special defense acquisition fund.--Not to exceed 
        $900,000,000 may be obligated pursuant to section 51(c)(2) of 
        the Arms Export Control Act (22 U.S.C. 2795(c)(2)) for the 
        purposes of the Special Defense Acquisition Fund (the Fund), to 
        remain available for obligation until September 30, 2025:  
        Provided, That the provision of defense articles and defense 
        services to foreign countries or international organizations 
        from the Fund shall be subject to the concurrence of the 
        Secretary of State.
            (5) <<NOTE: Consultation. Compliance.>> Oversight and 
        accountability.--(A) Prior to the signing of a new Letter of 
        Offer and Acceptance (LOA) involving funds appropriated under 
        the heading ``Foreign Military Financing Program'', the 
        Secretary of State shall consult with each recipient government 
        to ensure that the LOA between the United States and such 
        recipient government complies with the purposes of section 4 of 
        the Arms Export Control Act (22 U.S.C. 2754) and that the 
        defense articles, services, and training procured with funds 
        appropriated under such heading are consistent with United 
        States national security policy.
            (B) <<NOTE: Notification.>> The Secretary of State shall 
        promptly inform the appropriate congressional committees of any 
        instance in which the Secretary of State has credible 
        information that such assistance was used in a manner contrary 
        to such agreement.

    (c) Limitations.--
            (1) Child soldiers.--Funds appropriated by this Act should 
        not be used to support any military training or operations that 
        include child soldiers.
            (2) Landmines and cluster munitions.--
                    (A) Authority.--Notwithstanding any other provision 
                of law, demining equipment available to the United 
                States Agency for International Development and the 
                Department of State and used in support of the clearance 
                of landmines and unexploded ordnance for humanitarian 
                purposes may be disposed of on a grant basis in foreign 
                countries, subject to such terms and conditions as the 
                Secretary of State may prescribe.
                    (B) Report.--Not later than 120 days after the date 
                of enactment of this Act, the Secretary of State, in 
                consultation with the Secretary of Defense, shall submit 
                a report to the appropriate congressional committees on 
                implementation of the United States policy regarding 
                anti-personnel landmines (APLs) announced on June 21, 
                2022, to include progress on the destruction of APLs, 
                and the number and types of APLs required by such policy 
                for the defense of the Republic of Korea and the 
                methodology used to determine such number:  Provided, 
                That the report shall include the types (by Department 
                of Defense Ammunition Code) and quantities of landmines 
                demilitarized and removed from the demilitarization 
                account of the United States Armed Forces, and 
                demilitarization accomplished by contract or outside the 
                continental United States.
                    (C) Cluster munitions.--No military assistance shall 
                be furnished for cluster munitions, no defense export 
                license for cluster munitions may be issued, and no 
                cluster

[[Page 136 STAT. 5039]]

                munitions or cluster munitions technology shall be sold 
                or transferred, unless--
                          (i) the submunitions of the cluster munitions, 
                      after arming, do not result in more than 1 percent 
                      unexploded ordnance across the range of intended 
                      operational environments, and the agreement 
                      applicable to the assistance, transfer, or sale of 
                      such cluster munitions or cluster munitions 
                      technology specifies that the cluster munitions 
                      will only be used against clearly defined military 
                      targets and will not be used where civilians are 
                      known to be present or in areas normally inhabited 
                      by civilians; or
                          (ii) such assistance, license, sale, or 
                      transfer is for the purpose of demilitarizing or 
                      permanently disposing of such cluster munitions.
            (3) <<NOTE: Determinations.>> Crowd control.--If the 
        Secretary of State has information that a unit of a foreign 
        security force uses excessive force to repress peaceful 
        expression or assembly concerning corruption, harm to the 
        environment or human health, or the fairness of electoral 
        processes, or in countries that are undemocratic or undergoing 
        democratic transition, the Secretary shall promptly determine if 
        such information is credible:  Provided, That if the information 
        is determined to be credible, funds appropriated by this Act 
        should not be used for tear gas, small arms, light weapons, 
        ammunition, or other items for crowd control purposes for such 
        unit, unless the Secretary of State determines that the foreign 
        government is taking effective measures to bring the responsible 
        members of such unit to justice.

    (d) Reports.--
            (1) Security assistance report.--Not later than 120 days 
        after the date of enactment of this Act, the Secretary of State 
        shall submit to the Committees on Appropriations a report on 
        funds obligated and expended during fiscal year 2022, by country 
        and purpose of assistance, under the headings ``Peacekeeping 
        Operations'', ``International Military Education and Training'', 
        and ``Foreign Military Financing Program''.
            (2) <<NOTE: Definition.>> Annual foreign military training 
        report.--For the purposes of implementing section 656 of the 
        Foreign Assistance Act of 1961, the term ``military training 
        provided to foreign military personnel by the Department of 
        Defense and the Department of State'' shall be deemed to include 
        all military training provided by foreign governments with funds 
        appropriated to the Department of Defense or the Department of 
        State, except for training provided by the government of a 
        country designated by section 517(b) of such Act (22 U.S.C. 
        2321k(b)) as a major non-North Atlantic Treaty Organization 
        ally:  Provided, That such third-country training shall be 
        clearly identified in the report submitted pursuant to section 
        656 of such Act.

               assistance for innocent victims of conflict

    Sec. 7036.  Of the funds appropriated under title III of this Act, 
not less than $10,000,000 shall be made available for the Marla Ruzicka 
Fund for Innocent Victims of Conflict:  Provided, 
That <<NOTE: Consultation. Deadline.>>  the USAID Administrator shall 
consult with the Committees

[[Page 136 STAT. 5040]]

on Appropriations not later than 60 days after the date of enactment of 
this Act on the proposed uses of such funds.

                          palestinian statehood

    Sec. 7037. <<NOTE: Determination. Certification.>> (a) Limitation on 
Assistance.--None of the funds appropriated under titles III through VI 
of this Act may be provided to support a Palestinian state unless the 
Secretary of State determines and certifies to the appropriate 
congressional committees that--
            (1) the governing entity of a new Palestinian state--
                    (A) has demonstrated a firm commitment to peaceful 
                co-existence with the State of Israel; and
                    (B) is taking appropriate measures to counter 
                terrorism and terrorist financing in the West Bank and 
                Gaza, including the dismantling of terrorist 
                infrastructures, and is cooperating with appropriate 
                Israeli and other appropriate security organizations; 
                and
            (2) the Palestinian Authority (or the governing entity of a 
        new Palestinian state) is working with other countries in the 
        region to vigorously pursue efforts to establish a just, 
        lasting, and comprehensive peace in the Middle East that will 
        enable Israel and an independent Palestinian state to exist 
        within the context of full and normal relationships, which 
        should include--
                    (A) termination of all claims or states of 
                belligerency;
                    (B) respect for and acknowledgment of the 
                sovereignty, territorial integrity, and political 
                independence of every state in the area through measures 
                including the establishment of demilitarized zones;
                    (C) their right to live in peace within secure and 
                recognized boundaries free from threats or acts of 
                force;
                    (D) freedom of navigation through international 
                waterways in the area; and
                    (E) a framework for achieving a just settlement of 
                the refugee problem.

    (b) Sense of Congress.--It is the sense of Congress that the 
governing entity should enact a constitution assuring the rule of law, 
an independent judiciary, and respect for human rights for its citizens, 
and should enact other laws and regulations assuring transparent and 
accountable governance.
    (c) <<NOTE: President. Determination.>> Waiver.--The President may 
waive subsection (a) if the President determines that it is important to 
the national security interest of the United States to do so.

    (d) Exemption.--The restriction in subsection (a) shall not apply to 
assistance intended to help reform the Palestinian Authority and 
affiliated institutions, or the governing entity, in order to help meet 
the requirements of subsection (a), consistent with the provisions of 
section 7040 of this Act (``Limitation on Assistance for the Palestinian 
Authority'').

  prohibition on assistance to the palestinian broadcasting corporation

    Sec. 7038.  None of the funds appropriated or otherwise made 
available by this Act may be used to provide equipment, technical 
support, consulting services, or any other form of assistance to the 
Palestinian Broadcasting Corporation.

[[Page 136 STAT. 5041]]

                  assistance for the west bank and gaza

    Sec. 7039. <<NOTE: Time 
period. Deadline. Certification. Procedures. Records. Review.>>  (a) 
Oversight.--For fiscal year 2023, 30 days prior to the initial 
obligation of funds for the bilateral West Bank and Gaza Program, the 
Secretary of State shall certify to the Committees on Appropriations 
that procedures have been established to assure the Comptroller General 
of the United States will have access to appropriate United States 
financial information in order to review the uses of United States 
assistance for the Program funded under the heading ``Economic Support 
Fund'' for the West Bank and Gaza.

    (b) <<NOTE: Terrorism. Determinations.>> Vetting.--Prior to the 
obligation of funds appropriated by this Act under the heading 
``Economic Support Fund'' for assistance for the West Bank and Gaza, the 
Secretary of State shall take all appropriate steps to ensure that such 
assistance is not provided to or through any individual, private or 
government entity, or educational institution that the Secretary knows 
or has reason to believe advocates, plans, sponsors, engages in, or has 
engaged in, terrorist activity nor, with respect to private entities or 
educational institutions, those that have as a principal officer of the 
entity's governing board or governing board of trustees any individual 
that has been determined to be involved in, or advocating terrorist 
activity or determined to be a member of a designated foreign terrorist 
organization:  Provided, <<NOTE: Procedures. Termination.>> That the 
Secretary of State shall, as appropriate, establish procedures 
specifying the steps to be taken in carrying out this subsection and 
shall terminate assistance to any individual, entity, or educational 
institution which the Secretary has determined to be involved in or 
advocating terrorist activity.

    (c) Prohibition.--
            (1) Recognition of acts of terrorism.--None of the funds 
        appropriated under titles III through VI of this Act for 
        assistance under the West Bank and Gaza Program may be made 
        available for--
                    (A) the purpose of recognizing or otherwise honoring 
                individuals who commit, or have committed acts of 
                terrorism; and
                    (B) <<NOTE: Determination.>>  any educational 
                institution located in the West Bank or Gaza that is 
                named after an individual who the Secretary of State 
                determines has committed an act of terrorism.
            (2) Security assistance and reporting requirement.--
        Notwithstanding any other provision of law, none of the funds 
        made available by this or prior appropriations Acts, including 
        funds made available by transfer, may be made available for 
        obligation for security assistance for the West Bank and Gaza 
        until the Secretary of State reports to the Committees on 
        Appropriations on--
                    (A) the benchmarks that have been established for 
                security assistance for the West Bank and Gaza and on 
                the extent of Palestinian compliance with such 
                benchmarks; and
                    (B) the steps being taken by the Palestinian 
                Authority to end torture and other cruel, inhuman, and 
                degrading treatment of detainees, including by bringing 
                to justice members of Palestinian security forces who 
                commit such crimes.

[[Page 136 STAT. 5042]]

    (d) Oversight by the United States Agency for International 
Development.--
            
        (1) <<NOTE: Audits. Contracts. Grants. Deadline. Compliance.>> Th
        e Administrator of the United States Agency for International 
        Development shall ensure that Federal or non-Federal audits of 
        all contractors and grantees, and significant subcontractors and 
        sub-grantees, under the West Bank and Gaza Program, are 
        conducted at least on an annual basis to ensure, among other 
        things, compliance with this section.
            (2) Of the funds appropriated by this Act, up to $1,300,000 
        may be used by the Office of Inspector General of the United 
        States Agency for International Development for audits, 
        investigations, and other activities in furtherance of the 
        requirements of this subsection:  Provided, That such funds are 
        in addition to funds otherwise available for such purposes.

    (e) Comptroller General of the United States Audit.--
Subsequent <<NOTE: Investigation.>> to the certification specified in 
subsection (a), the Comptroller General of the United States shall 
conduct an audit and an investigation of the treatment, handling, and 
uses of all funds for the bilateral West Bank and Gaza Program, 
including all funds provided as cash transfer assistance, in fiscal year 
2023 under the heading ``Economic Support Fund'', and such audit shall 
address--
            (1) <<NOTE: Compliance.>>  the extent to which such Program 
        complies with the requirements of subsections (b) and (c); and
            (2) <<NOTE: Examination.>>  an examination of all programs, 
        projects, and activities carried out under such Program, 
        including both obligations and expenditures.

    (f) Notification Procedures.--Funds made available in this Act for 
West Bank and Gaza shall be subject to the regular notification 
procedures of the Committees on Appropriations.

         limitation on assistance for the palestinian authority

    Sec. 7040. <<NOTE: President.>> (a) Prohibition of Funds.--None of 
the funds appropriated by this Act to carry out the provisions of 
chapter 4 of part II of the Foreign Assistance Act of 1961 may be 
obligated or expended with respect to providing funds to the Palestinian 
Authority.

    (b) <<NOTE: Certification.>>  Waiver.--The prohibition included in 
subsection (a) shall not apply if the President certifies in writing to 
the Speaker of the House of Representatives, the President pro tempore 
of the Senate, and the Committees on Appropriations that waiving such 
prohibition is important to the national security interest of the United 
States.

    (c) Period of Application of Waiver.--Any waiver pursuant to 
subsection (b) shall be effective for no more than a period of 6 months 
at a time and shall not apply beyond 12 months after the enactment of 
this Act.
    (d) Report.--Whenever the waiver authority pursuant to subsection 
(b) is exercised, the President shall submit a report to the Committees 
on Appropriations detailing the justification for the waiver, the 
purposes for which the funds will be spent, and the accounting 
procedures in place to ensure that the funds are properly disbursed:  
Provided, That the report shall also detail the steps the Palestinian 
Authority has taken to arrest terrorists, confiscate weapons and 
dismantle the terrorist infrastructure.

[[Page 136 STAT. 5043]]

    (e) <<NOTE: Reports.>>  Certification.--If the President exercises 
the waiver authority under subsection (b), the Secretary of State must 
certify and report to the Committees on Appropriations prior to the 
obligation of funds that the Palestinian Authority has established a 
single treasury account for all Palestinian Authority financing and all 
financing mechanisms flow through this account, no parallel financing 
mechanisms exist outside of the Palestinian Authority treasury account, 
and there is a single comprehensive civil service roster and payroll, 
and the Palestinian Authority is acting to counter incitement of 
violence against Israelis and is supporting activities aimed at 
promoting peace, coexistence, and security cooperation with Israel.

    (f) Prohibition to Hamas and the Palestine Liberation 
Organization.--
            (1) None of the funds appropriated in titles III through VI 
        of this Act may be obligated for salaries of personnel of the 
        Palestinian Authority located in Gaza or may be obligated or 
        expended for assistance to Hamas or any entity effectively 
        controlled by Hamas, any power-sharing government of which Hamas 
        is a member, or that results from an agreement with Hamas and 
        over which Hamas exercises undue influence.
            (2) <<NOTE: Certification. Reports. Compliance.>>  
        Notwithstanding the limitation of paragraph (1), assistance may 
        be provided to a power-sharing government only if the President 
        certifies and reports to the Committees on Appropriations that 
        such government, including all of its ministers or such 
        equivalent, has publicly accepted and is complying with the 
        principles contained in section 620K(b)(1) (A) and (B) of the 
        Foreign Assistance Act of 1961, as amended.
            (3) The President may exercise the authority in section 
        620K(e) of the Foreign Assistance Act of 1961, as added by the 
        Palestinian Anti-Terrorism Act of 2006 (Public Law 109-446) with 
        respect to this subsection.
            (4) <<NOTE: Reports. Compliance.>> Whenever the 
        certification pursuant to paragraph (2) is exercised, the 
        Secretary of State shall submit a report to the Committees on 
        Appropriations within 120 days of the certification and every 
        quarter thereafter on whether such government, including all of 
        its ministers or such equivalent are continuing to comply with 
        the principles contained in section 620K(b)(1) (A) and (B) of 
        the Foreign Assistance Act of 1961, as amended:  Provided, That 
        the report shall also detail the amount, purposes and delivery 
        mechanisms for any assistance provided pursuant to the 
        abovementioned certification and a full accounting of any direct 
        support of such government.
            (5) None of the funds appropriated under titles III through 
        VI of this Act may be obligated for assistance for the Palestine 
        Liberation Organization.

                      middle east and north africa

    Sec. 7041. (a) Egypt.--
            (1) Certification and report.--Funds appropriated by this 
        Act that are available for assistance for Egypt may be made 
        available notwithstanding any other provision of law restricting 
        assistance for Egypt, except for this subsection and section 
        620M of the Foreign Assistance Act of 1961, and may only be made 
        available for assistance for the Government of

[[Page 136 STAT. 5044]]

        Egypt if the Secretary of State certifies and reports to the 
        Committees on Appropriations that such government is--
                    (A) sustaining the strategic relationship with the 
                United States; and
                    (B) meeting its obligations under the 1979 Egypt-
                Israel Peace Treaty.
            (2) Economic support fund.--Of the funds appropriated by 
        this Act under the heading ``Economic Support Fund'', not less 
        than $125,000,000 shall be made available for assistance for 
        Egypt, of which not less than $40,000,000 should be made 
        available for higher education programs, including not less than 
        $15,000,000 for scholarships for Egyptian students with high 
        financial need to attend not-for-profit institutions of higher 
        education in Egypt that are currently accredited by a regional 
        accrediting agency recognized by the United States Department of 
        Education, or meets standards equivalent to those required for 
        United States institutional accreditation by a regional 
        accrediting agency recognized by such Department:  Provided, 
        That such funds shall be made available for democracy programs, 
        and for development programs in the Sinai.
            (3) <<NOTE: Reports.>>  Foreign military financing 
        program.--
                    (A) <<NOTE: Consultation. Notification.>>  
                Certification.--Of the funds appropriated by this Act 
                under the heading ``Foreign Military Financing 
                Program'', $1,300,000,000, to remain available until 
                September 30, 2024, should be made available for 
                assistance for Egypt:  Provided, That such funds may be 
                transferred to an interest bearing account in the 
                Federal Reserve Bank of New York, following consultation 
                with the Committees on Appropriations, and the uses of 
                any interest earned on such funds shall be subject to 
                the regular notification procedures of the Committees on 
                Appropriations: <<NOTE: Human rights.>>   Provided 
                further, That $225,000,000 of such funds shall be 
                withheld from obligation until the Secretary of State 
                certifies and reports to the Committees on 
                Appropriations that the Government of Egypt is taking 
                sustained and effective steps to--
                          (i) strengthen the rule of law, democratic 
                      institutions, and human rights in Egypt, including 
                      to protect religious minorities and the rights of 
                      women, which are in addition to steps taken during 
                      the previous calendar year for such purposes;
                          (ii) implement reforms that protect freedoms 
                      of expression, association, and peaceful assembly, 
                      including the ability of civil society 
                      organizations, human rights defenders, and the 
                      media to function without interference;
                          (iii) hold Egyptian security forces 
                      accountable, including officers credibly alleged 
                      to have violated human rights;
                          (iv) investigate and prosecute cases of 
                      extrajudicial killings and forced disappearances;
                          (v) provide regular access for United States 
                      officials to monitor such assistance in areas 
                      where the assistance is used; and
                          (vi) <<NOTE: Compliance.>> comply with the 
                      requirement under this section in the explanatory 
                      statement described in section 4 (in the matter 
                      preceding division A of this consolidated Act).

[[Page 136 STAT. 5045]]

                    (B <<NOTE: Determination.>> ) Waiver.--The Secretary 
                of State may waive the certification requirement in 
                subparagraph (A) if the Secretary determines and reports 
                to the Committees on Appropriations that such funds are 
                necessary for counterterrorism, border security, or 
                nonproliferation programs or that it is otherwise 
                important to the national security interest of the 
                United States to do so, and submits a report to such 
                Committees containing a detailed justification for the 
                use of such waiver and the reasons why any of the 
                requirements of subparagraph (A) cannot be met:  
                Provided, That the report required by this paragraph 
                shall be submitted in unclassified form, but may be 
                accompanied by a classified annex.
                    (C) <<NOTE: Determination. Political 
                prisoners. Detainees.>>  In addition to the funds 
                withheld pursuant to subparagraph (A), $95,000,000 of 
                the funds made available pursuant to this paragraph 
                shall be withheld from obligation until the Secretary of 
                State determines and reports to the Committees on 
                Appropriations that the Government of Egypt is making 
                clear and consistent progress in releasing political 
                prisoners, providing detainees with due process of law, 
                and preventing the intimidation and harassment of 
                American citizens.

    (b) Iran.--
            (1) Funding.--Funds appropriated by this Act under the 
        headings ``Diplomatic Programs'', ``Economic Support Fund'', and 
        ``Nonproliferation, Anti-terrorism, Demining and Related 
        Programs'' shall be made available for the programs and 
        activities described under this section in House Report 117-401.
            (2) Reports.--
                    (A) Semi-annual report.--The Secretary of State 
                shall submit to the Committees on Appropriations the 
                semi-annual report required by section 135(d)(4) of the 
                Atomic Energy Act of 1954 (42 U.S.C. 2160e(d)(4)), as 
                added by section 2 of the Iran Nuclear Agreement Review 
                Act of 2015 (Public Law 114-17).
                    (B) Sanctions report.--Not later than 180 days after 
                the date of enactment of this Act, the Secretary of 
                State, in consultation with the Secretary of the 
                Treasury, shall submit to the appropriate congressional 
                committees a report on--
                          (i) the status of United States bilateral 
                      sanctions on Iran;
                          (ii) the reimposition and renewed enforcement 
                      of secondary sanctions; and
                          (iii) the impact such sanctions have had on 
                      Iran's destabilizing activities throughout the 
                      Middle East.

    (c) Iraq.--
            (1) Purposes.--Funds appropriated under titles III and IV of 
        this Act shall be made available for assistance for Iraq for--
                    (A) bilateral economic assistance and international 
                security assistance, including in the Kurdistan Region 
                of Iraq;
                    (B) stabilization assistance, including in Anbar 
                Province;
                    (C) programs to support government transparency and 
                accountability, support judicial independence, protect 
                the

[[Page 136 STAT. 5046]]

                right of due process, end the use of torture, and combat 
                corruption;
                    (D) humanitarian assistance, including in the 
                Kurdistan Region of Iraq;
                    (E) programs to protect and assist religious and 
                ethnic minority populations; and
                    (F) programs to increase United States private 
                sector investment.
            (2) Basing rights.--None of the funds appropriated or 
        otherwise made available by this Act may be used by the 
        Government of the United States to enter into a permanent basing 
        rights agreement between the United States and Iraq.

    (d) <<NOTE: Disbursement. Deadline.>> Israel.--Of the funds 
appropriated by this Act under the heading ``Foreign Military Financing 
Program'', not less than $3,300,000,000 shall be available for grants 
only for Israel which shall be disbursed within 30 days of enactment of 
this Act:  Provided, That to the extent that the Government of Israel 
requests that funds be used for such purposes, grants made available for 
Israel under this heading shall, as agreed by the United States and 
Israel, be available for advanced weapons systems, of which not less 
than $775,300,000 shall be available for the procurement in Israel of 
defense articles and defense services, including research and 
development.

    (e) Jordan.--Of the funds appropriated by this Act under titles III 
and IV, not less than $1,650,000,000 shall be made available for 
assistance for Jordan, of which not less than $845,100,000 shall be made 
available for budget support for the Government of Jordan and not less 
than $425,000,000 shall be made available under the heading ``Foreign 
Military Financing Program''.
    (f) Lebanon.--
            (1) Assistance.--Funds appropriated under titles III and IV 
        of this Act shall be made available for assistance for Lebanon:  
        Provided, That such funds made available under the heading 
        ``Economic Support Fund'' may be made available notwithstanding 
        section 1224 of the Foreign Relations Authorization Act, Fiscal 
        Year 2003 (Public Law 107-228; 22 U.S.C. 2346 note).
            (2) Security assistance.--
                    (A) <<NOTE: Consultation. Lebanese Internal Security 
                Forces. Lebanese Armed Forces.>> Funds appropriated by 
                this Act under the headings ``International Narcotics 
                Control and Law Enforcement'' and ``Foreign Military 
                Financing Program'' that are made available for 
                assistance for Lebanon may be made available for 
                programs and equipment for the Lebanese Internal 
                Security Forces (ISF) and the Lebanese Armed Forces 
                (LAF) to address security and stability requirements in 
                areas affected by conflict in Syria, following 
                consultation with the appropriate congressional 
                committees.
                    (B) <<NOTE: Terrorism.>> Funds appropriated by this 
                Act under the heading ``Foreign Military Financing 
                Program'' that are made available for assistance for 
                Lebanon may only be made available for programs to--
                          (i) professionalize the LAF to mitigate 
                      internal and external threats from non-state 
                      actors, including Hizballah;
                          (ii) strengthen border security and combat 
                      terrorism, including training and equipping the 
                      LAF to secure the borders of Lebanon and address 
                      security

[[Page 136 STAT. 5047]]

                      and stability requirements in areas affected by 
                      conflict in Syria, interdicting arms shipments, 
                      and preventing the use of Lebanon as a safe haven 
                      for terrorist groups; and
                          (iii) implement United Nations Security 
                      Council Resolution 1701:
                  Provided, <<NOTE: Spend plan.>> That prior to 
                obligating funds made available by this subparagraph for 
                assistance for the LAF, the Secretary of State shall 
                submit to the Committees on Appropriations a spend plan, 
                including actions to be taken to ensure equipment 
                provided to the LAF is used only for the intended 
                purposes, except such plan may not be considered as 
                meeting the notification requirements under section 7015 
                of this Act or under section 634A of the Foreign 
                Assistance Act of 1961:  Provided 
                further, <<NOTE: Notification.>> That any notification 
                submitted pursuant to such section shall include any 
                funds specifically intended for lethal military 
                equipment.
            (3) Limitation.--None of the funds appropriated by this Act 
        may be made available for the ISF or the LAF if the ISF or the 
        LAF is controlled by a foreign terrorist organization, as 
        designated pursuant to section 219 of the Immigration and 
        Nationality Act (8 U.S.C. 1189).

    (g) Libya.--Funds appropriated under titles III and IV of this Act 
shall be made available for stabilization assistance for Libya, 
including support for a United Nations-facilitated political process and 
border security:  Provided, <<NOTE: Applicability.>> That the limitation 
on the uses of funds for certain infrastructure projects in section 
7041(f)(2) of the Department of State, Foreign Operations, and Related 
Programs Appropriations Act, 2014 (division K of Public Law 113-76) 
shall apply to such funds.

    (h) Morocco.--Funds appropriated under titles III and IV of this Act 
shall be made available for assistance for Morocco.
    (i) Saudi Arabia.--
            (1) Prohibition.--None of the funds appropriated by this Act 
        under the heading ``International Military Education and 
        Training'' may be made available for assistance for the 
        Government of Saudi Arabia.
            (2) Export-import bank.--None of the funds appropriated or 
        otherwise made available by this Act and prior Acts making 
        appropriations for the Department of State, foreign operations, 
        and related programs should be obligated or expended by the 
        Export-Import Bank of the United States to guarantee, insure, or 
        extend (or participate in the extension of) credit in connection 
        with the export of nuclear technology, equipment, fuel, 
        materials, or other nuclear technology-related goods or services 
        to Saudi Arabia unless the Government of Saudi Arabia--
                    (A) has in effect a nuclear cooperation agreement 
                pursuant to section 123 of the Atomic Energy Act of 1954 
                (42 U.S.C. 2153);
                    (B) has committed to renounce uranium enrichment and 
                reprocessing on its territory under that agreement; and
                    (C) has signed and implemented an Additional 
                Protocol to its Comprehensive Safeguards Agreement with 
                the International Atomic Energy Agency.

    (j) Syria.--

[[Page 136 STAT. 5048]]

            (1) Non-lethal assistance.--Funds appropriated by this Act 
        under titles III and IV may be made available, notwithstanding 
        any other provision of law, for non-lethal stabilization 
        assistance for Syria, including for emergency medical and rescue 
        response and chemical weapons investigations.
            (2) Limitations.--Funds made available pursuant to paragraph 
        (1) of this subsection--
                    (A) may not be made available for a project or 
                activity that supports or otherwise legitimizes the 
                Government of Iran, foreign terrorist organizations (as 
                designated pursuant to section 219 of the Immigration 
                and Nationality Act (8 U.S.C. 1189)), or a proxy of Iran 
                in Syria;
                    (B) <<NOTE: Determination.>>  may not be made 
                available for activities that further the strategic 
                objectives of the Government of the Russian Federation 
                that the Secretary of State determines may threaten or 
                undermine United States national security interests; and
                    (C) <<NOTE: Bashar al-Assad.>> should not be used in 
                areas of Syria controlled by a government led by Bashar 
                al-Assad or associated forces.
            (3) Consultation and notification.--Funds made available 
        pursuant to this subsection may only be made available following 
        consultation with the appropriate congressional committees, and 
        shall be subject to the regular notification procedures of the 
        Committees on Appropriations.

    (k) Tunisia.--
            (1) <<NOTE: Consultation.>> Assistance.--Funds appropriated 
        under titles III and IV of this Act shall be made available for 
        assistance for Tunisia for programs to improve economic growth 
        and opportunity, support democratic governance and civil 
        society, protect due process of law, and maintain regional 
        stability and security, following consultation with the 
        Committees on Appropriations.
            (2) Report.--Not later than 90 days after the date of 
        enactment of this Act, the Secretary of State shall submit a 
        report to the Committees on Appropriations on the extent to 
        which--
                    (A) the Government of Tunisia is implementing 
                economic reforms, countering corruption, and taking 
                credible steps to restore constitutional order and 
                democratic governance, including respecting freedoms of 
                expression, association, and the press, and the rights 
                of members of political parties, that are in addition to 
                steps taken in the preceding fiscal year;
                    (B) the Government of Tunisia is maintaining the 
                independence of the judiciary and holding security 
                forces who commit human rights abuses accountable; and
                    (C) the Tunisian military has remained an apolitical 
                and professional institution.

    (l) West Bank and Gaza.--
            (1) Assistance.--Funds appropriated by this Act under the 
        heading ``Economic Support Fund'' shall be made available for 
        programs in the West Bank and Gaza, which may include water, 
        sanitation, and other infrastructure improvements.
            (2) Report on assistance.--Prior to the initial obligation 
        of funds made available by this Act under the heading ``Economic 
        Support Fund'' for assistance for the West Bank and

[[Page 136 STAT. 5049]]

        Gaza, the Secretary of State shall report to the Committees on 
        Appropriations that the purpose of such assistance is to--
                    (A) advance Middle East peace;
                    (B) improve security in the region;
                    (C) continue support for transparent and accountable 
                government institutions;
                    (D) promote a private sector economy; or
                    (E) address urgent humanitarian needs.
            (3) Limitations.--
                    (A)(i) None of the funds appropriated under the 
                heading ``Economic Support Fund'' in this Act may be 
                made available for assistance for the Palestinian 
                Authority, if after the date of enactment of this Act--
                          (I) the Palestinians obtain the same standing 
                      as member states or full membership as a state in 
                      the United Nations or any specialized agency 
                      thereof outside an agreement negotiated between 
                      Israel and the Palestinians; or
                          (II) the Palestinians initiate an 
                      International Criminal Court (ICC) judicially 
                      authorized investigation, or actively support such 
                      an investigation, that subjects Israeli nationals 
                      to an investigation for alleged crimes against 
                      Palestinians.
                    (ii) <<NOTE: Waiver 
                authority. Certification. Reports.>> The Secretary of 
                State may waive the restriction in clause (i) of this 
                subparagraph resulting from the application of subclause 
                (I) of such clause if the Secretary certifies to the 
                Committees on Appropriations that to do so is in the 
                national security interest of the United States, and 
                submits a report to such Committees detailing how the 
                waiver and the continuation of assistance would assist 
                in furthering Middle East peace.
                    (B)(i) <<NOTE: President. Waiver 
                authority. Determination. Certification.>> The President 
                may waive the provisions of section 1003 of the Foreign 
                Relations Authorization Act, Fiscal Years 1988 and 1989 
                (Public Law 100-204) if the President determines and 
                certifies in writing to the Speaker of the House of 
                Representatives, the President pro tempore of the 
                Senate, and the appropriate congressional committees 
                that the Palestinians have not, after the date of 
                enactment of this Act--
                          (I) obtained in the United Nations or any 
                      specialized agency thereof the same standing as 
                      member states or full membership as a state 
                      outside an agreement negotiated between Israel and 
                      the Palestinians; and
                          (II) initiated or actively supported an ICC 
                      investigation against Israeli nationals for 
                      alleged crimes against Palestinians.
                    (ii) <<NOTE: Deadline.>> Not less than 90 days after 
                the President is unable to make the certification 
                pursuant to clause (i) of this subparagraph, the 
                President may waive section 1003 of Public Law 100-204 
                if the President determines and certifies in writing to 
                the Speaker of the House of Representatives, the 
                President pro tempore of the Senate, and the Committees 
                on Appropriations that the Palestinians have entered 
                into direct and meaningful negotiations with Israel:  
                Provided, That any waiver of the provisions of section 
                1003 of Public Law 100-204 under clause (i) of this

[[Page 136 STAT. 5050]]

                subparagraph or under previous provisions of law must 
                expire before the waiver under this clause may be 
                exercised.
                    (iii) Any waiver pursuant to this subparagraph shall 
                be effective for no more than a period of 6 months at a 
                time and shall not apply beyond 12 months after the 
                enactment of this Act.
            (4) Application of taylor force act.--Funds appropriated by 
        this Act under the heading ``Economic Support Fund'' that are 
        made available for assistance for the West Bank and Gaza shall 
        be made available consistent with section 1004(a) of the Taylor 
        Force Act (title X of division S of Public Law 115-141).
            (5) <<NOTE: Applicability.>> Security report.--The reporting 
        requirements in section 1404 of the Supplemental Appropriations 
        Act, 2008 (Public Law 110-252) shall apply to funds made 
        available by this Act, including a description of modifications, 
        if any, to the security strategy of the Palestinian Authority.
            (6) Incitement report.--Not later than 90 days after the 
        date of enactment of this Act, the Secretary of State shall 
        submit a report to the appropriate congressional committees 
        detailing steps taken by the Palestinian Authority to counter 
        incitement of violence against Israelis and to promote peace and 
        coexistence with Israel.

                                 africa

    Sec. 7042. (a) African Great Lakes Region Assistance Restriction.-- 
<<NOTE: Determination. Reports.>> Funds appropriated by this Act under 
the heading ``International Military Education and Training'' for the 
central government of a country in the African Great Lakes region may be 
made available only for Expanded International Military Education and 
Training and professional military education until the Secretary of 
State determines and reports to the Committees on Appropriations that 
such government is not facilitating or otherwise participating in 
destabilizing activities in a neighboring country, including aiding and 
abetting armed groups.

    (b) Central African Republic.--Of the funds appropriated by this Act 
under the heading ``Economic Support Fund'', not less than $3,000,000 
shall be made available for a contribution to the Special Criminal Court 
in Central African Republic.
    (c) <<NOTE: Lord's Resistance Army. Child soldiers.>> Counter 
Illicit Armed Groups.--Funds appropriated by this Act shall be made 
available for programs and activities in areas affected by the Lord's 
Resistance Army (LRA) or other illicit armed groups in Eastern 
Democratic Republic of the Congo and the Central African Republic, 
including to improve physical access, telecommunications infrastructure, 
and early-warning mechanisms and to support the disarmament, 
demobilization, and reintegration of former LRA combatants, especially 
child soldiers.

    (d) <<NOTE: Ebola.>> Democratic Republic of the Congo.--Funds 
appropriated by this Act shall be made available for assistance for the 
Democratic Republic of the Congo (DRC) for stabilization, democracy, 
global health, and bilateral economic assistance, including in areas 
affected by, and at risk from, the Ebola virus disease:  Provided, That 
such funds shall also be made available to support security, 
stabilization, development, and democracy in Eastern DRC:  Provided 
further, That funds appropriated by this Act under the headings 
``Peacekeeping Operations'' and ``International Military Education and

[[Page 136 STAT. 5051]]

Training'' that are made available for such purposes may be made 
available notwithstanding any other provision of law, except section 
620M of the Foreign Assistance Act of 1961.

    (e) Ethiopia.--Funds appropriated by this Act that are made 
available for assistance for Ethiopia should be used to support--
            (1) implementation of the cessation of hostilities agreement 
        in Tigray;
            (2) political dialogues and confidence building measures to 
        end other conflicts in the country;
            (3) civil society and protect human rights;
            (4) efforts to provide unimpeded access to humanitarian 
        assistance;
            (5) investigations and prosecutions of gross violations of 
        human rights; and
            (6) restoration of basic services in areas impacted by 
        conflict.

    (f) Malawi.--Funds appropriated by this Act and prior Acts making 
appropriations for the Department of State, foreign operations, and 
related programs that are made available for higher education programs 
in Malawi shall be made available for higher education and workforce 
development programs in agriculture as described under this section in 
House Report 117-401.
    (g) South Sudan.--None of the funds appropriated by this Act under 
title IV may be made available for assistance for the central Government 
of South Sudan, except to support implementation of outstanding issues 
of the Comprehensive Peace Agreement, mutual arrangements related to 
post-referendum issues associated with such Agreement, or any other 
viable peace agreement in South Sudan:  
Provided, <<NOTE: Consultation.>> That funds appropriated by this Act 
and prior Acts making appropriations for the Department of State, 
foreign operations, and related programs that are made available for any 
new program, project, or activity in South Sudan shall be subject to 
prior consultation with the appropriate congressional committees.

    (h) Sudan.--
            (1) Assistance.--Funds appropriated by this Act under title 
        III that are made available for assistance for Sudan may be made 
        available to support a civilian-led transition in Sudan.
            (2) Limitation.--None of the funds appropriated by this Act 
        under title IV may be made available for assistance for the 
        central Government of Sudan, except to support implementation of 
        outstanding issues of the Comprehensive Peace Agreement, mutual 
        arrangements related to post-referendum issues associated with 
        such Agreement, or any other viable peace agreement in Sudan.
            (3) Consultation.--Funds appropriated by this Act and prior 
        Acts making appropriations for the Department of State, foreign 
        operations, and related programs that are made available for any 
        new program, project, or activity in Sudan shall be subject to 
        prior consultation with the appropriate congressional 
        committees.

    (i) <<NOTE: Certification. Reports. 22 USC 2151 note.>>  Zimbabwe.--
            (1) Instruction.--The Secretary of the Treasury shall 
        instruct the United States executive director of each 
        international financial institution to vote against any 
        extension by the respective institution of any loan or grant to 
        the Government of Zimbabwe, except to meet basic human needs or 
        to

[[Page 136 STAT. 5052]]

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

                        east asia and the pacific

    Sec. 7043. (a) Burma.--
            (1) Uses of funds.--Of the funds appropriated by this Act, 
        not less than $136,127,000 shall be made available for 
        assistance for Burma, which--
                    (A) <<NOTE: Consultations.>>  may be made available 
                notwithstanding any other provision of law and following 
                consultation with the appropriate congressional 
                committees;
                    (B) may be made available for support for the 
                administrative operations and programs of entities that 
                support peaceful efforts to establish an inclusive and 
                representative democracy in Burma and a federal union to 
                foster equality among Burma's diverse ethnic groups, 
                following consultation with the Committees on 
                Appropriations;
                    (C) shall be made available for programs to promote 
                ethnic and religious tolerance, unity, and 
                accountability and to combat gender-based violence, 
                including in Kachin, Chin, Mon, Karen, Karenni, Rakhine, 
                and Shan states;
                    (D) shall be made available for community-based 
                organizations with experience operating in Thailand to 
                provide food, medical, and other humanitarian assistance 
                to internally displaced persons in eastern Burma, in 
                addition to assistance for Burmese refugees from funds 
                appropriated by this Act under the heading ``Migration 
                and Refugee Assistance''; and
                    (E) <<NOTE: Human rights.>> shall be made available 
                for programs and activities to investigate and document 
                violations of human rights in Burma committed by the 
                military junta.
            (2) International security assistance.--None of the funds 
        appropriated by this Act under the headings ``International 
        Military Education and Training'' and ``Foreign Military 
        Financing Program'' may be made available for assistance for 
        Burma.
            (3) <<NOTE: Determination.>> Limitations.--None of the funds 
        appropriated by this Act that are made available for assistance 
        for Burma may be made available to the State Administration 
        Council or any organization or entity controlled by, or an 
        affiliate of, the armed forces of Burma, or to any individual or 
        organization that has committed a gross violation of human 
        rights or advocates violence against ethnic or religious groups 
        or individuals in Burma, as determined by the Secretary of State 
        for programs administered by the Department of State and USAID 
        or the President of the National Endowment for Democracy (NED) 
        for programs administered by NED.

[[Page 136 STAT. 5053]]

            (4) Consultation.--Any new program or activity in Burma 
        initiated in fiscal year 2023 shall be subject to prior 
        consultation with the appropriate congressional committees.

    (b) Cambodia.--
            (1) Assistance.--Of the funds appropriated under title III 
        of this Act, not less than $82,505,000 shall be made available 
        for assistance for Cambodia.
            (2) Certification and exceptions.--
                    (A) <<NOTE: Reports.>> Certification.--None of the 
                funds appropriated by this Act that are made available 
                for assistance for the Government of Cambodia may be 
                obligated or expended unless the Secretary of State 
                certifies and reports to the Committees on 
                Appropriations that such Government is taking effective 
                steps to--
                          (i) strengthen regional security and 
                      stability, particularly regarding territorial 
                      disputes in the South China Sea and the 
                      enforcement of international sanctions with 
                      respect to North Korea;
                          (ii) assert its sovereignty against 
                      interference by the People's Republic of China, 
                      including by verifiably maintaining the neutrality 
                      of Ream Naval Base, other military installations 
                      in Cambodia, and dual use facilities such as the 
                      runway at the Dara Sakor development project;
                          (iii) cease violence, threats, and harassment 
                      against civil society and the political opposition 
                      in Cambodia, and dismiss any politically motivated 
                      criminal charges against critics of the 
                      government; and
                          (iv) respect the rights, freedoms, and 
                      responsibilities enshrined in the Constitution of 
                      the Kingdom of Cambodia as enacted in 1993.
                    (B) Exceptions.--The certification required by 
                subparagraph (A) shall not apply to funds appropriated 
                by this Act and made available for democracy, health, 
                education, and environment programs, programs to 
                strengthen the sovereignty of Cambodia, and programs to 
                educate and inform the people of Cambodia of the 
                influence activities of the People's Republic of China 
                in Cambodia.
            (3) Uses of funds.--Funds appropriated under title III of 
        this Act for assistance for Cambodia shall be made available 
        for--
                    (A) research, documentation, and education programs 
                associated with the Khmer Rouge in Cambodia; and
                    (B) programs in the Khmer language to monitor, map, 
                and publicize the efforts by the People's Republic of 
                China to expand its influence in Cambodia.

    (c) Indo-Pacific Strategy and the Asia Reassurance Initiative Act of 
2018.--
            (1) Assistance.--Of the funds appropriated under titles III 
        and IV of this Act, not less than $1,800,000,000 shall be made 
        available to support implementation of the Indo-Pacific Strategy 
        and the Asia Reassurance Initiative Act of 2018 (Public Law 115-
        409).
            (2) <<NOTE: Consultation.>> Countering prc influence fund.--
        Of the funds appropriated by this Act under the headings 
        ``Development Assistance'', ``Economic Support Fund'', 
        ``International Narcotics Control and Law Enforcement'', 
        ``Nonproliferation, Anti-terrorism,

[[Page 136 STAT. 5054]]

        Demining and Related Programs'', and ``Foreign Military 
        Financing Program'', not less than $325,000,000 shall be made 
        available for a Countering PRC Influence Fund to counter the 
        influence of the Government of the People's Republic of China 
        and the Chinese Communist Party and entities acting on their 
        behalf globally, which shall be subject to prior consultation 
        with the Committees on Appropriations:  Provided, That such 
        funds are in addition to amounts otherwise made available for 
        such purposes:  Provided further, That up to 10 percent of such 
        funds shall be held in reserve to respond to unanticipated 
        opportunities to counter PRC influence: <<NOTE: Allocation.>>   
        Provided further, That the uses of such funds shall be the joint 
        responsibility of the Secretary of State and the USAID 
        Administrator, and shall be allocated as specified under this 
        section in the explanatory statement described in section 4 (in 
        the matter preceding division A of this consolidated Act):  
        Provided further, That funds made available pursuant to this 
        paragraph under the heading ``Foreign Military Financing 
        Program'' may remain available until September 30, 
        2024: <<NOTE: Transfer authority.>>   Provided further, That 
        funds appropriated by this Act for such Fund under the headings 
        ``International Narcotics Control and Law Enforcement'', 
        ``Nonproliferation, Anti-terrorism, Demining and Related 
        Programs'', and ``Foreign Military Financing Program'' may be 
        transferred to, and merged with, funds appropriated under such 
        headings:  Provided further, <<NOTE: Notification.>> That such 
        transfer authority is in addition to any other transfer 
        authority provided by this Act or any other Act, and is subject 
        to the regular notification procedures of the Committees on 
        Appropriations.
            (3) Restriction on uses of funds.--None of the funds 
        appropriated by this Act and prior Acts making appropriations 
        for the Department of State, foreign operations, and related 
        programs may be made available for any project or activity that 
        directly supports or promotes--
                    (A) the Belt and Road Initiative or any dual-use 
                infrastructure projects of the People's Republic of 
                China; and
                    (B) <<NOTE: Determination.>> the use of technology, 
                including biotechnology, digital, telecommunications, 
                and cyber, developed by the People's Republic of China 
                unless the Secretary of State, in consultation with the 
                USAID Administrator and the heads of other Federal 
                agencies, as appropriate, determines that such use does 
                not adversely impact the national security of the United 
                States.
            (4) Maps.--None of the funds made available by this Act 
        should be used to create, procure, or display any map that 
        inaccurately depicts the territory and social and economic 
        system of Taiwan and the islands or island groups administered 
        by Taiwan authorities.

    (d) <<NOTE: Agent Orange.>> Laos.--Of the funds appropriated by this 
Act under titles III and IV, not less than $93,000,000 shall be made 
available for assistance for Laos, including for assistance for persons 
with disabilities caused by unexploded ordnance accidents, and of which 
not less than $1,500,000 should be made available for programs to assist 
persons with severe physical mobility, cognitive, or developmental 
disabilities in areas sprayed with 
Agent <<NOTE: Assessments. Determination.>> Orange:  Provided, That 
funds made available pursuant to this subsection may be used, in 
consultation with the Government of Laos, for assessments

[[Page 136 STAT. 5055]]

of the existence of dioxin contamination resulting from the use of Agent 
Orange in Laos and the feasibility and cost of remediation.

    (e) North Korea.--
            (1) <<NOTE: Determination. Reports.>> Cybersecurity.--None 
        of the funds appropriated by this Act or prior Acts making 
        appropriations for the Department of State, foreign operations, 
        and related programs may be made available for assistance for 
        the central government of a country the Secretary of State 
        determines and reports to the appropriate congressional 
        committees engages in significant transactions contributing 
        materially to the malicious cyber-intrusion capabilities of the 
        Government of North Korea:  Provided, That the Secretary of 
        State shall submit the report required by section 209 of the 
        North Korea Sanctions and Policy Enhancement Act of 2016 (Public 
        Law 114-122; 22 U.S.C. 9229) to the Committees on 
        Appropriations: <<NOTE: Waiver authority. Determination.>>   
        Provided further, That the Secretary of State may waive the 
        application of the restriction in this paragraph with respect to 
        assistance for the central government of a country if the 
        Secretary determines and reports to the appropriate 
        congressional committees that to do so is important to the 
        national security interest of the United States, including a 
        description of such interest served.
            (2) Broadcasts.--Funds appropriated by this Act under the 
        heading ``International Broadcasting Operations'' shall be made 
        available to maintain broadcasting hours into North Korea at 
        levels not less than the prior fiscal year.
            (3) Human rights.--Funds appropriated by this Act under the 
        headings ``Economic Support Fund'' and ``Democracy Fund'' shall 
        be made available for the promotion of human rights in North 
        Korea:  Provided, <<NOTE: Applicability.>> That the authority of 
        section 7032(b)(1) of this Act shall apply to such funds.
            (4) Limitation on use of funds.--None of the funds made 
        available by this Act under the heading ``Economic Support 
        Fund'' may be made available for assistance for the Government 
        of North Korea.

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

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

[[Page 136 STAT. 5056]]

            (1) <<NOTE: Deadline. Notification.>> Limitation on use of 
        funds.--None of the funds appropriated under the heading 
        ``Diplomatic Programs'' in this Act may be obligated or expended 
        for processing licenses for the export of satellites of United 
        States origin (including commercial satellites and satellite 
        components) to the People's Republic of China (PRC) unless, at 
        least 15 days in advance, the Committees on Appropriations are 
        notified of such proposed action.
            (2) <<NOTE: Applicability.>> People's liberation army.--The 
        terms and requirements of section 620(h) of the Foreign 
        Assistance Act of 1961 shall apply to foreign assistance 
        projects or activities of the People's Liberation Army (PLA) of 
        the PRC, to include such projects or activities by any entity 
        that is owned or controlled by, or an affiliate of, the PLA:  
        Provided, That none of the funds appropriated or otherwise made 
        available pursuant to this Act may be used to finance any grant, 
        contract, or cooperative agreement with the PLA, or any entity 
        that the Secretary of State has reason to believe is owned or 
        controlled by, or an affiliate of, the PLA.
            (3) Hong kong.--
                    (A) Democracy programs.--Of the funds appropriated 
                by this Act under the first paragraph under the heading 
                ``Democracy Fund'', not less than $5,000,000 shall be 
                made available for democracy and Internet freedom 
                programs for Hong Kong, including legal and other 
                support for democracy activists.
                    (B) Restrictions on assistance.--None of the funds 
                appropriated by this Act or prior Acts making 
                appropriations for the Department of State, foreign 
                operations, and related programs that are made available 
                for assistance for Hong Kong should be obligated for 
                assistance for the Government of the People's Republic 
                of China and the Chinese Communist Party or any entity 
                acting on their behalf in Hong Kong.
                    (C) <<NOTE: Update.>> Report.--The report required 
                under section 7043(f)(3)(C) of the Department of State, 
                Foreign Operations, and Related Programs Appropriations 
                Act, 2021 (division K of Public Law 116-260) shall be 
                updated and submitted to the Congress in the manner 
                described.

    (h) Philippines.--None of the funds appropriated by this Act may be 
made available for counternarcotics assistance for the Philippines, 
except for drug demand reduction, maritime law enforcement, or 
transnational interdiction.
    (i) Taiwan.--
            (1) Global cooperation and training framework.--Of the funds 
        appropriated by this Act under the heading ``Economic Support 
        Fund'', not less than $4,000,000 shall be made available for the 
        Global Cooperation and Training Framework, which shall be 
        administered by the American Institute in Taiwan.
            (2) Foreign military financing.--Funds appropriated by this 
        Act and prior Acts making appropriations for the Department of 
        State, foreign operations, and related programs under the 
        heading ``Foreign Military Financing Program'', except for 
        amounts designated as an emergency requirement pursuant to a 
        concurrent resolution on the budget or the Balanced Budget and 
        Emergency Deficit Control Act of 1985, may be made available for 
        the costs, as defined in section 502 of the Congressional Budget 
        Act of 1974, of direct loans and loan guarantees

[[Page 136 STAT. 5057]]

        for Taiwan, if otherwise authorized:  Provided, That such costs 
        may include the costs of selling, reducing, or cancelling any 
        amounts owed to the United States or any agency of the United 
        States:  Provided further, That the gross principal balance of 
        such direct loans shall not exceed $2,000,000,000, and the gross 
        principal balance of guaranteed loans shall not exceed 
        $2,000,000,000:  Provided further, That the Secretary of State 
        may use amounts charged to the borrower as origination fees to 
        pay for the cost of such loans.
            (3) Fellowship program.--Funds appropriated by this Act 
        under the heading ``Payment to the American Institute in 
        Taiwan'' shall be made available to establish a Taiwan 
        Fellowship Program.
            (4) <<NOTE: Deadline.>>  Consultation.--Not later than 60 
        days after the date of enactment of this Act, the Secretary of 
        State shall consult with the Committees on Appropriations on the 
        uses of funds made available pursuant to this 
        subsection: <<NOTE: Notification.>>   Provided, That such funds 
        shall be subject to the regular notification procedures of the 
        Committees on Appropriations.

    (j) Tibet.--
            (1) Financing of projects in tibet.--The Secretary of the 
        Treasury should instruct the United States executive director of 
        each international financial institution to use the voice and 
        vote of the United States to support financing of projects in 
        Tibet if such projects do not provide incentives for the 
        migration and settlement of non-Tibetans into Tibet or 
        facilitate the transfer of ownership of Tibetan land and natural 
        resources to non-Tibetans, are based on a thorough needs-
        assessment, foster self-sufficiency of the Tibetan people and 
        respect Tibetan culture and traditions, and are subject to 
        effective monitoring.
            (2) Programs for tibetan communities.--
                    (A) Notwithstanding any other provision of law, of 
                the funds appropriated by this Act under the heading 
                ``Economic Support Fund'', not less than $10,000,000 
                shall be made available to nongovernmental organizations 
                with experience working with Tibetan communities to 
                support activities which preserve cultural traditions 
                and promote sustainable development, education, and 
                environmental conservation in Tibetan communities in the 
                Tibet Autonomous Region and in other Tibetan communities 
                in China.
                    (B) Of the funds appropriated by this Act under the 
                heading ``Economic Support Fund'', not less than 
                $8,000,000 shall be made available for programs to 
                promote and preserve Tibetan culture and language in the 
                refugee and diaspora Tibetan communities, development, 
                and the resilience of Tibetan communities and the 
                Central Tibetan Administration in India and Nepal, and 
                to assist in the education and development of the next 
                generation of Tibetan leaders from such communities:  
                Provided, That such funds are in addition to amounts 
                made available in subparagraph (A) for programs inside 
                Tibet.
                    (C) Of the funds appropriated by this Act under the 
                heading ``Economic Support Fund'', not less than 
                $3,000,000 shall be made available for programs to 
                strengthen the capacity of the Central Tibetan 
                Administration:  Provided,

[[Page 136 STAT. 5058]]

                That such funds shall be administered by the United 
                States Agency for International Development.

    (k) Vietnam.--
            (1) Of the funds appropriated under titles III and IV of 
        this Act, not less than $197,000,000 shall be made available for 
        assistance for Vietnam, of which not less than--
                    (A) <<NOTE: Agent Orange.>> $30,000,000 shall be 
                made available for health and disability programs to 
                assist persons with severe physical mobility, cognitive, 
                or developmental disabilities:  Provided, That such 
                funds shall be prioritized to assist persons whose 
                disabilities may be related to the use of Agent Orange 
                and exposure to dioxin, or are the result of unexploded 
                ordnance accidents;
                    (B) $20,000,000 shall be made available, 
                notwithstanding any other provision of law, for 
                activities related to the remediation of dioxin 
                contaminated sites in Vietnam and may be made available 
                for assistance for the Government of Vietnam, including 
                the military, for such purposes;
                    (C) $3,000,000 shall be made available for the 
                Reconciliation/Vietnamese Wartime Accounting Initiative; 
                and
                    (D) $15,000,000 shall be made available for higher 
                education programs.
            (2) Section 7043(i)(1) of the Department of State, Foreign 
        Operations, and Related Programs Appropriations Act, 2022 
        (division K of Public Law 117-103) <<NOTE: Ante, p. 650.>> is 
        amended by striking ``that'' and inserting ``: Provided, That 
        such funds shall be prioritized to assist persons whose 
        disabilities''.

                         south and central asia

    Sec. 7044. (a) Afghanistan.--
            (1) Restriction.--None of the funds appropriated by this Act 
        and prior Acts making appropriations for the Department of 
        State, foreign operations, and related programs and made 
        available for assistance for Afghanistan may be made available 
        for direct assistance to the Taliban.
            (2) Afghan special immigrant visas.--Funds appropriated or 
        otherwise made available by this Act under the heading 
        ``Administration for Foreign Affairs'' and fees available for 
        obligation during fiscal year 2023 in the Consular and Border 
        Security Programs account shall be made available for additional 
        Department of State personnel necessary to eliminate processing 
        backlogs and expedite adjudication of Afghan Special Immigrant 
        Visa cases, including for the National Visa Center and the 
        Afghan Special Immigrant Visa Unit.
            (3) Afghan students.--Funds appropriated by this Act and 
        prior Acts making appropriations for the Department of State, 
        foreign operations, and related programs shall be made available 
        to support the higher education of students from Afghanistan 
        studying outside of the country, including the costs of 
        reimbursement to institutions hosting such students, as 
        appropriate:  Provided, <<NOTE: Consultation.>> That the 
        Secretary of State and the Administrator of the United States 
        Agency for International Development, as appropriate, shall 
        consult with the Committees on Appropriations prior to the 
        initial obligation of funds for such purposes.

[[Page 136 STAT. 5059]]

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

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

    (c) Nepal.--Funds appropriated by this Act under the heading 
``Foreign Military Financing Program'' that are made available for 
assistance for Nepal shall only be made available for humanitarian and 
disaster relief and reconstruction activities, and in support of 
international peacekeeping operations, military professionalization and 
training, and border security activities:  
Provided, <<NOTE: Certification. Reports. Human rights.>>  That such 
funds may only be made available for additional uses if the Secretary of 
State certifies and reports to the Committees on Appropriations that the 
Government of Nepal is investigating and prosecuting violations of human 
rights and the laws of war by the Nepal Army, and the Nepal Army is 
cooperating fully with civilian judicial authorities in such cases.

    (d) Pakistan.--
            (1) Assistance.--
                    (A) Security assistance.--Funds appropriated by this 
                Act under the heading ``Foreign Military Financing 
                Program'' for assistance for Pakistan may be made 
                available only to support counterterrorism and 
                counterinsurgency capabilities in Pakistan.
                    (B) <<NOTE: Reports.>>  Bilateral economic 
                assistance.--Prior to the obligation of funds made 
                available by this Act under the heading ``Economic 
                Support Fund'' for assistance for the central Government 
                of Pakistan, the Secretary of State shall submit a 
                report to the appropriate congressional committees 
                detailing--
                          (i) the amount of financing and other support, 
                      if any, provided by the Government of Pakistan to 
                      schools supported by, affiliated with, or run by 
                      the

[[Page 136 STAT. 5060]]

                      Taliban or any domestic or foreign terrorist 
                      organization in Pakistan;
                          (ii) the extent of cooperation by such 
                      government in issuing visas in a timely manner for 
                      United States visitors, including officials and 
                      representatives of nongovernmental organizations, 
                      engaged in assistance and security programs in 
                      Pakistan;
                          (iii) the extent to which such government is 
                      providing humanitarian organizations access to 
                      detainees, internally displaced persons, and other 
                      Pakistani civilians affected by conflict in 
                      Pakistan and the region; and
                          (iv) the extent to which such government is 
                      strengthening democracy in Pakistan, including 
                      protecting freedom of expression, assembly, and 
                      religion.
            (2) Authority and uses of funds.--(A) Funds appropriated by 
        this Act for assistance for Pakistan may be made available 
        notwithstanding any other provision of law, except for section 
        620M of the Foreign Assistance Act of 1961.
            (B) <<NOTE: Consultation.>>  Funds appropriated by this Act 
        under the heading ``International Narcotics Control and Law 
        Enforcement'' shall be made available for border security 
        programs in Pakistan, following consultation with the Committees 
        on Appropriations.
            (C) Funds appropriated by title III of this Act shall be 
        made available for programs to promote democracy and for gender 
        programs in Pakistan.
            (3) <<NOTE: Reports. Shakil Afridi.>>  Withholding.--Of the 
        funds appropriated under titles III and IV of this Act that are 
        made available for assistance for Pakistan, $33,000,000 shall be 
        withheld from obligation until the Secretary of State reports to 
        the Committees on Appropriations that Dr. Shakil Afridi has been 
        released from prison and cleared of all charges relating to the 
        assistance provided to the United States in locating Osama bin 
        Laden.

    (e) Sri Lanka.--
            (1) Assistance.--Funds appropriated under title III of this 
        Act shall be made available for assistance for Sri Lanka for 
        democracy and economic development programs, particularly in 
        areas recovering from ethnic and religious conflict.
            (2) <<NOTE: Reports.>>  Certification.--Funds appropriated 
        by this Act for assistance for the central Government of Sri 
        Lanka may be made available only if the Secretary of State 
        certifies and reports to the Committees on Appropriations that 
        such Government is taking effective and consistent steps to--
                    (A) <<NOTE: Human rights.>>  protect the rights and 
                freedoms of the people of Sri Lanka regardless of 
                ethnicity and religious belief, including by 
                investigating violations of human rights and the laws of 
                war and holding perpetrators of such violations 
                accountable;
                    (B) address the basic needs of the people of Sri 
                Lanka and responsibly mitigate the impact of the 
                country's economic collapse, including by increasing 
                transparency and accountability in governance;
                    (C) combat corruption, including bringing to justice 
                public officials who have engaged in significant acts of 
                corruption;
                    (D) assert its sovereignty against influence by the 
                People's Republic of China; and

[[Page 136 STAT. 5061]]

                    (E) promote reconciliation between ethnic and 
                religious groups, particularly arising from past 
                conflict in Sri Lanka, including by--
                          (i) addressing land confiscation and ownership 
                      issues;
                          (ii) resolving cases of missing persons, 
                      including by maintaining a functioning and 
                      credible office of missing persons;
                          (iii) reducing the presence of the armed 
                      forces in former conflict zones and restructuring 
                      the armed forces for a peacetime role that 
                      contributes to post-conflict reconciliation and 
                      regional security;
                          (iv) repealing or amending laws on arrest and 
                      detention by security forces to comply with 
                      international standards; and
                          (v) investigating allegations of arbitrary 
                      arrest and torture, and supporting a credible 
                      justice mechanism for resolving cases of war 
                      crimes:
                  Provided, That the limitations of this paragraph shall 
                not apply to funds made available for humanitarian 
                assistance and disaster relief; to protect human rights, 
                locate and identify missing persons, and assist victims 
                of torture and trauma; to promote justice, 
                accountability, and reconciliation; to enhance maritime 
                security and domain awareness; to promote fiscal 
                transparency and sovereignty; and for International 
                Military Education and Training.
            (3) Limitation.--None of the funds appropriated by this Act 
        may be made available for assistance for the Sri Lankan armed 
        forces, except for humanitarian assistance, disaster relief, 
        instruction in human rights and related curricula development, 
        maritime security and domain awareness, including 
        professionalization and training for the navy and coast guard, 
        and funds appropriated by this Act under the heading 
        ``International Military Education and Training''.
            (4) Consultation.--Funds made available for assistance for 
        Sri Lanka other than for the purposes specified in paragraph (1) 
        shall be subject to prior consultation with the Committees on 
        Appropriations.

    (f) Regional Programs.--Funds appropriated by this Act shall be made 
available for assistance for countries in South and Central Asia to 
significantly increase the recruitment, training, and retention of women 
in the judiciary, police, and other security forces, and to train 
judicial and security personnel in such countries to prevent and address 
gender-based violence, human trafficking, and other practices that 
disproportionately harm women and girls.

                     latin america and the caribbean

    Sec. 7045. (a) Central America.--
            (1) Assistance.--Funds appropriated by this Act under titles 
        III and IV shall be made available for assistance for Belize, 
        Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua, and 
        Panama, including through the Central America Regional Security 
        Initiative:  Provided, <<NOTE: Migration.>>  That such 
        assistance shall be prioritized for programs that address the 
        violence, poverty, corruption, and other factors that contribute 
        to irregular migration, particularly of unaccompanied minors, to 
        the

[[Page 136 STAT. 5062]]

        United States, including for programs to reduce violence against 
        women and girls, protect the rights of Indigenous people, 
        support civil society and other independent institutions, 
        enhance economic opportunity, combat corruption and impunity, 
        and dismantle illegal armed groups and drug trafficking 
        organizations.
                    (A) Of the funds made available pursuant to 
                paragraph (1)--
                          (i) $61,500,000 should be made available to 
                      support entities and activities to combat 
                      corruption and impunity in such countries, 
                      including, as appropriate, offices of Attorneys 
                      General; and
                          (ii) $70,000,000 should be made available for 
                      programs to reduce violence against women and 
                      girls, including for Indigenous women and girls.
                    (B) Within the funds made available pursuant to 
                paragraph (1) and made available for assistance for El 
                Salvador, Guatemala, and Honduras, up to $100,000,000 
                should be made available for programs that support 
                locally-led development in such countries:  Provided, 
                That up to 15 percent of the funds made available to 
                carry out this subparagraph may be used by the 
                Administrator of the United States Agency for 
                International Development for administrative and 
                oversight expenses related to the purposes of this 
                subparagraph:  Provided 
                further, <<NOTE: Consultation.>>  That the USAID 
                Administrator shall consult with the Committees on 
                Appropriations on the planned uses of funds to carry out 
                this subparagraph prior to the initial obligation of 
                funds:  Provided further, <<NOTE: Notification.>>  That 
                such funds shall be subject to the regular notification 
                procedures of the Committees on Appropriations.
                    (C) Funds made available pursuant to paragraph (1) 
                shall be made available for the youth empowerment 
                program established pursuant to section 7045(a)(1)(C) of 
                the Department of State, Foreign Operations, and Related 
                Programs Appropriations Act, 2022 (division K of Public 
                Law 117-103).
            (2) Limitation on assistance to certain central 
        governments.--
                    (A) <<NOTE: Certification. Reports.>>  Of the funds 
                made available pursuant to paragraph (1) under the 
                heading ``Economic Support Fund'' and under title IV of 
                this Act, 60 percent of such funds that are made 
                available for assistance for each of the central 
                governments of El Salvador and Guatemala, and 45 percent 
                of such funds that are made available for assistance for 
                the central government of Honduras, may only be 
                obligated after the Secretary of State certifies and 
                reports to the Committees on Appropriations that such 
                government is--
                          (i) combating corruption and impunity, 
                      including investigating and prosecuting government 
                      officials, military personnel, and police officers 
                      credibly alleged to be corrupt;
                          (ii) implementing reforms, policies, and 
                      programs to strengthen the rule of law, including 
                      increasing the transparency of public 
                      institutions, strengthening the independence of 
                      judicial and electoral institutions,

[[Page 136 STAT. 5063]]

                      and improving the transparency of political 
                      campaign and political party financing;
                          (iii) protecting the rights of human rights 
                      defenders, trade unionists, journalists, civil 
                      society groups, opposition political parties, and 
                      the independence of the media;
                          (iv) providing effective and accountable law 
                      enforcement and security for its citizens, 
                      curtailing the role of the military in public 
                      security, and upholding due process of law;
                          (v) implementing programs to reduce violence 
                      against women and girls;
                          (vi) implementing policies to reduce poverty 
                      and promote economic growth and opportunity, 
                      including the implementation of reforms to 
                      strengthen educational systems, vocational 
                      training programs, and programs for at-risk youth;
                          (vii) improving border security and combating 
                      human smuggling and trafficking and countering the 
                      activities of criminal gangs, drug traffickers, 
                      and transnational criminal organizations;
                          (viii) informing its citizens of the dangers 
                      of the journey to the southwest border of the 
                      United States; and
                          (ix) implementing policies that improve the 
                      environment for foreign investment, including 
                      executing tax reform in a transparent manner, 
                      ensuring effective legal mechanisms for 
                      reimbursements of tax refunds owed to United 
                      States businesses, and resolving disputes 
                      involving the confiscation of real property of 
                      United States entities.
                    (B) Reprogramming.--If the Secretary is unable to 
                make the certification required by subparagraph (A) for 
                one or more of the central governments, such assistance 
                shall be reprogrammed for assistance for civil society 
                organizations in such country, or for other countries in 
                Latin America and the Caribbean, notwithstanding the 
                funding provisions in this subsection and the 
                limitations in section 7019 of this Act:  
                Provided, <<NOTE: Notification.>>  That any such 
                reprogramming shall be subject to the regular 
                notification procedures of the Committees on 
                Appropriations.
                    (C) Exceptions.--The limitation of subparagraph (A) 
                shall not apply to funds appropriated by this Act that 
                are made available for--
                          (i) judicial entities and activities related 
                      to combating corruption and impunity;
                          (ii) programs to combat gender-based violence;
                          (iii) programs to promote and protect human 
                      rights, including those of Indigenous communities 
                      and Afro-descendants;
                          (iv) humanitarian assistance; and
                          (v) food security programs.
                    (D) Foreign military financing program.--None of the 
                funds appropriated by this Act under the heading 
                ``Foreign Military Financing Program'' may be made 
                available for assistance for El Salvador, Guatemala, or 
                Honduras.

    (b) Colombia.--

[[Page 136 STAT. 5064]]

            (1) Assistance.--Of the funds appropriated by this Act under 
        titles III and IV, $487,375,000 should be made available for 
        assistance for Colombia:  Provided, That such funds shall be 
        made available for the programs and activities described under 
        this section in House Report 117-401:  Provided further, That of 
        the funds appropriated by this Act under the heading 
        ``International Narcotics Control and Law Enforcement'' and made 
        available for assistance pursuant to this paragraph, not less 
        than $40,000,000 shall be made available to enhance rural 
        security in coca producing municipalities and other 
        municipalities with high levels of illicit activities:  Provided 
        further, That funds made available pursuant to the preceding 
        proviso shall be prioritized in such municipalities that are 
        also targeted for assistance programs that provide viable 
        economic alternatives and improve access to public services.
            (2) <<NOTE: Certifications. Reports.>>  Withholding of 
        funds.--
                    (A) Counternarcotics.--Of the funds appropriated by 
                this Act under the heading ``International Narcotics 
                Control and Law Enforcement'' that are made available 
                for assistance for Colombia, 20 percent may be obligated 
                only if the Secretary of State certifies and reports to 
                the Committees on Appropriations that--
                          (i) the Government of Colombia is implementing 
                      an effective whole-of-government strategy to 
                      substantially and sustainably reduce coca 
                      cultivation and cocaine production levels in 
                      Colombia, including programs and activities that 
                      support illicit crop eradication, alternative 
                      development, drug interdiction, dismantling of 
                      drug trafficking and money laundering networks, 
                      rural security, environmental protection, judicial 
                      sector strengthening, and public health services; 
                      and
                          (ii) such strategy is in accordance with the 
                      2016 peace accord between the Government of 
                      Colombia and the Revolutionary Armed Forces of 
                      Colombia.
                    (B) Human rights.--
                          (i) Of the funds appropriated by this Act 
                      under the heading ``Foreign Military Financing 
                      Program'' and made available for assistance for 
                      Colombia, 20 percent may be obligated only if the 
                      Secretary of State certifies and reports to the 
                      Committees on Appropriations that--
                                    (I) the Special Jurisdiction for 
                                Peace and other judicial authorities, as 
                                appropriate, are sentencing perpetrators 
                                of gross violations of human rights, 
                                including those with command 
                                responsibility, to deprivation of 
                                liberty;
                                    (II) the Government of Colombia is 
                                making consistent progress in reducing 
                                threats and attacks against human rights 
                                defenders and other civil society 
                                activists, and judicial authorities are 
                                prosecuting and punishing those 
                                responsible for ordering and carrying 
                                out such attacks;
                                    (III) the Government of Colombia is 
                                making consistent progress in protecting 
                                Afro-Colombian and Indigenous 
                                communities and is respecting their 
                                rights and territories;

[[Page 136 STAT. 5065]]

                                    (IV) senior military officers 
                                credibly alleged, or whose units are 
                                credibly alleged, to be responsible for 
                                ordering, committing, and covering up 
                                cases of false positives and other 
                                extrajudicial killings, or of committing 
                                other gross violations of human rights, 
                                or of conducting illegal communications 
                                intercepts or other illicit 
                                surveillance, are being held 
                                accountable, including removal from 
                                active duty if found guilty through 
                                criminal, administrative, or 
                                disciplinary proceedings; and
                                    (V) the Colombian Armed Forces are 
                                cooperating fully with the requirements 
                                described in subclauses (I) through 
                                (IV).
                          (ii) Of the funds appropriated by this Act 
                      under the heading ``International Narcotics 
                      Control and Law Enforcement'' and made available 
                      for assistance for the Colombian National Police 
                      (CNP), five percent may be obligated only if the 
                      Secretary of State certifies and reports to the 
                      Committees on Appropriations that the Government 
                      of Colombia is bringing to justice the police 
                      personnel who ordered, directed, and used 
                      excessive force and engaged in other illegal acts 
                      against protesters in 2020 and 2021, and that the 
                      CNP is cooperating fully with such efforts.
            (3) Exceptions.--The limitations of paragraph (2) shall not 
        apply to funds made available for aviation instruction and 
        maintenance, and maritime and riverine security programs.
            (4) Authority.--Aircraft supported by funds appropriated by 
        this Act and prior Acts making appropriations for the Department 
        of State, foreign operations, and related programs and made 
        available for assistance for Colombia may be used to transport 
        personnel and supplies involved in drug eradication and 
        interdiction, including security for such activities, and to 
        provide transport in support of alternative development programs 
        and investigations by civilian judicial authorities.
            (5) Limitation.--None of the funds appropriated by this Act 
        or prior Acts making appropriations for the Department of State, 
        foreign operations, and related programs that are made available 
        for assistance for Colombia may be made available for payment of 
        reparations to conflict victims or compensation to demobilized 
        combatants associated with a peace agreement between the 
        Government of Colombia and illegal armed groups.

    (c) Haiti.--
            (1) Assistance.--Funds appropriated by this Act under titles 
        III and IV shall be made available for assistance for Haiti to 
        support the basic needs of the Haitian people.
            (2) Certification.--Funds appropriated by this Act that are 
        made available for assistance for Haiti may only be made 
        available for the central Government of Haiti if the Secretary 
        of State certifies and reports to the appropriate congressional 
        committees that a democratically elected government has taken 
        office, or the country is being led by a transitional governing 
        authority that is broadly representative of Haitian society, and 
        it is in the national interest of the United States to provide 
        such assistance.

[[Page 136 STAT. 5066]]

            (3) Exceptions.--Notwithstanding paragraph (1), funds may be 
        made available to support--
                    (A) free and fair elections;
                    (B) anti-gang police and administration of justice 
                programs, including to reduce pre-trial detention and 
                eliminate inhumane prison conditions;
                    (C) public health, food security, subsistence 
                farmers, water and sanitation, education, and other 
                programs to meet basic human needs; and
                    (D) disaster relief and recovery.
            (4) Consultation.--Funds appropriated by this Act and prior 
        Acts making appropriations for the Department of State, foreign 
        operations, and related programs that are made available for 
        assistance for Haiti shall be subject to prior consultation with 
        the Committees on Appropriations:  
        Provided, <<NOTE: Applicability.>>  That the requirement of this 
        paragraph shall also apply to any funds from such Acts that are 
        made available for support for an international security force 
        in Haiti.
            (5) Prohibition.--None of the funds appropriated or 
        otherwise made available by this Act may be used for assistance 
        for the armed forces of Haiti.
            (6) Haitian coast guard.--The Government of Haiti shall be 
        eligible to purchase defense articles and services under the 
        Arms Export Control Act (22 U.S.C. 2751 et seq.) for the Coast 
        Guard.

    (d) Nicaragua.--Of the funds appropriated by this Act under the 
heading ``Development Assistance'', not less than $15,000,000 shall be 
made available for democracy programs for Nicaragua, including to 
support civil society.
    (e) The Caribbean.--Of the funds appropriated by this Act under 
titles III and IV, not less than $82,000,000 shall be made available for 
the Caribbean Basin Security Initiative.
    (f) Venezuela.--
            (1) Of the funds appropriated by this Act under the heading 
        ``Economic Support Fund'', $50,000,000 should be made available 
        for democracy programs for Venezuela.
            (2) <<NOTE: Consultation. Notification.>>  Funds 
        appropriated by this Act and prior Acts making appropriations 
        for the Department of State, foreign operations, and related 
        programs under title III shall be made available for assistance 
        for communities in countries supporting or otherwise impacted by 
        refugees from Venezuela, including Colombia, Peru, Ecuador, 
        Curacao, and Trinidad and Tobago:  Provided, That such amounts 
        are in addition to funds otherwise made available for assistance 
        for such countries, subject to prior consultation with, and the 
        regular notification procedures of, the Committees on 
        Appropriations.

                           europe and eurasia

    Sec. 7046. (a) Assistance.--
            (1) Georgia.--Of the funds appropriated by this Act under 
        titles III and IV, not less than $132,025,000 shall be made 
        available for assistance for Georgia.
            (2) Ukraine.--Funds appropriated by this Act under titles 
        III and IV shall be made available for assistance for Ukraine.

    (b) Territorial Integrity.--None of the funds appropriated by this 
Act may be made available for assistance for a government

[[Page 136 STAT. 5067]]

of an Independent State of the former Soviet Union if such government 
directs any action in violation of the territorial integrity or national 
sovereignty of any other Independent State of the former Soviet Union, 
such as those violations included in the Helsinki Final Act:  
Provided, <<NOTE: President. Determination.>>  That except as otherwise 
provided in section 7047(a) of this Act, funds may be made available 
without regard to the restriction in this subsection if the President 
determines that to do so is in the national security interest of the 
United States:  Provided further, <<NOTE: Consultation.>>  That prior to 
executing the authority contained in the previous proviso, the Secretary 
of State shall consult with the Committees on Appropriations on how such 
assistance supports the national security interest of the United States.

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

    (d) <<NOTE: Determination. Reports.>>  Turkey.--None of the funds 
made available by this Act may be used to facilitate or support the sale 
of defense articles or defense services to the Turkish Presidential 
Protection Directorate (TPPD) under chapter 2 of the Arms Export Control 
Act (22 U.S.C. 2761 et seq.) unless the Secretary of State determines 
and reports to the appropriate congressional committees that members of 
the TPPD who are named in the July 17, 2017, indictment by the Superior 
Court of the District of Columbia, and against whom there are pending 
charges, have returned to the United States to stand trial in connection 
with the offenses contained in such indictment or have otherwise been 
brought to justice:  Provided, That the limitation in this paragraph 
shall not apply to the use of funds made available by this Act for 
border security purposes, for North Atlantic Treaty Organization or 
coalition operations, or to enhance the protection of United States 
officials and facilities in Turkey.

               countering russian influence and aggression

    Sec. 7047. (a) Prohibition.--None of the funds appropriated by this 
Act may be made available for assistance for the central Government of 
the Russian Federation.
    (b) Annexation of Territory.--

[[Page 136 STAT. 5068]]

            (1) <<NOTE: Determination. Reports.>>  Prohibition.--None of 
        the funds appropriated by this Act may be made available for 
        assistance for the central government of a country that the 
        Secretary of State determines and reports to the Committees on 
        Appropriations has taken affirmative steps intended to support 
        or be supportive of the Russian Federation annexation of Crimea 
        or other territory in Ukraine:  Provided, <<NOTE: Waiver 
        authority.>>  That except as otherwise provided in subsection 
        (a), the Secretary may waive the restriction on assistance 
        required by this paragraph if the Secretary determines and 
        reports to such Committees that to do so is in the national 
        interest of the United States, and includes a justification for 
        such interest.
            (2) Limitation.--None of the funds appropriated by this Act 
        may be made available for--
                    (A) the implementation of any action or policy that 
                recognizes the sovereignty of the Russian Federation 
                over Crimea or other territory in Ukraine;
                    (B) the facilitation, financing, or guarantee of 
                United States Government investments in Crimea or other 
                territory in Ukraine under the control of the Russian 
                Federation or Russian-backed forces, if such activity 
                includes the participation of Russian Government 
                officials, or other Russian owned or controlled 
                financial entities; or
                    (C) assistance for Crimea or other territory in 
                Ukraine under the control of the Russian Federation or 
                Russian-backed forces, if such assistance includes the 
                participation of Russian Government officials, or other 
                Russian owned or controlled financial entities.
            (3) International financial institutions.--The Secretary of 
        the Treasury shall instruct the United States executive director 
        of each international financial institution to use the voice and 
        vote of the United States to oppose any assistance by such 
        institution (including any loan, credit, grant, or guarantee) 
        for any program that violates the sovereignty or territorial 
        integrity of Ukraine.
            (4) Duration.--The requirements and limitations of this 
        subsection shall cease to be in effect if the Secretary of State 
        determines and reports to the Committees on Appropriations that 
        the Government of Ukraine has reestablished sovereignty over 
        Crimea and other territory in Ukraine under the control of the 
        Russian Federation or Russian-backed forces.

    (c) Occupation of the Georgian Territories of Abkhazia and 
Tskhinvali Region/South Ossetia.--
            (1) <<NOTE: Determination. Reports.>>  Prohibition.--None of 
        the funds appropriated by this Act may be made available for 
        assistance for the central government of a country that the 
        Secretary of State determines and reports to the Committees on 
        Appropriations has recognized the independence of, or has 
        established diplomatic relations with, the Russian Federation 
        occupied Georgian territories of Abkhazia and Tskhinvali Region/
        South Ossetia:  Provided, <<NOTE: Web posting. List.>>  That the 
        Secretary shall publish on the Department of State website a 
        list of any such central governments in a timely manner:  
        Provided further, <<NOTE: Waiver 
        authority. Determination. Reports.>>  That the Secretary may 
        waive the restriction on assistance required by this paragraph 
        if the Secretary determines and reports to the Committees on 
        Appropriations that to do so is in the national interest of the 
        United States, and includes a justification for such interest.

[[Page 136 STAT. 5069]]

            (2) Limitation.--None of the funds appropriated by this Act 
        may be made available to support the Russian Federation 
        occupation of the Georgian territories of Abkhazia and 
        Tskhinvali Region/South Ossetia.
            (3) International financial institutions.--The Secretary of 
        the Treasury shall instruct the United States executive director 
        of each international financial institution to use the voice and 
        vote of the United States to oppose any assistance by such 
        institution (including any loan, credit, grant, or guarantee) 
        for any program that violates the sovereignty and territorial 
        integrity of Georgia.

    (d) Countering Russian Influence Fund.--
            (1) Assistance.--Of the funds appropriated by this Act under 
        the headings ``Assistance for Europe, Eurasia and Central 
        Asia'', ``International Narcotics Control and Law Enforcement'', 
        ``International Military Education and Training'', and ``Foreign 
        Military Financing Program'', not less than $300,000,000 shall 
        be made available to carry out the purposes of the Countering 
        Russian Influence Fund, as authorized by section 254 of the 
        Countering Russian Influence in Europe and Eurasia Act of 2017 
        (Public Law 115-44; 22 U.S.C. 9543) and notwithstanding the 
        country limitation in subsection (b) of such section, and 
        programs to enhance the capacity of law enforcement and security 
        forces in countries in Europe, Eurasia, and Central Asia and 
        strengthen security cooperation between such countries and the 
        United States and the North Atlantic Treaty Organization, as 
        appropriate:  Provided, That funds made available pursuant to 
        this paragraph under the heading ``Foreign Military Financing 
        Program'' may remain available until September 30, 2024.
            (2) Economics and trade.--Funds appropriated by this Act and 
        made available for assistance for the Eastern Partnership 
        countries shall be made available to advance the implementation 
        of Association Agreements and trade agreements with the European 
        Union, and to reduce their vulnerability to external economic 
        and political pressure from the Russian Federation.

    (e) Democracy Programs.--Funds appropriated by this Act shall be 
made available to support democracy programs in the Russian Federation 
and other countries in Europe, Eurasia, and Central Asia, including to 
promote Internet freedom:  Provided, That of the funds appropriated 
under the heading ``Assistance for Europe, Eurasia and Central Asia'', 
not less than $20,000,000 shall be made available to strengthen 
democracy and civil society in Central Europe, including for 
transparency, independent media, rule of law, minority rights, and 
programs to combat anti-Semitism.

                             united nations

    Sec. 7048. <<NOTE: Reports. Web postings.>>  (a) Transparency and 
Accountability.--Not later than 120 days after the date of enactment of 
this Act, the Secretary of State shall report to the Committees on 
Appropriations whether each organization, department, or agency 
receiving a contribution from funds appropriated by this Act under the 
headings ``Contributions to International Organizations'' and 
``International Organizations and Programs''--

[[Page 136 STAT. 5070]]

            (1) <<NOTE: Reports. Web postings.>>  is posting on a 
        publicly available website, consistent with privacy regulations 
        and due process, regular financial and programmatic audits of 
        such organization, department, or agency, and providing the 
        United States Government with necessary access to such financial 
        and performance audits;
            (2) has submitted a report to the Department of State, which 
        shall be posted on the Department's website in a timely manner, 
        demonstrating that such organization is effectively implementing 
        and enforcing policies and procedures which meet or exceed best 
        practices in the United States for the protection of 
        whistleblowers from retaliation, including--
                    (A) protection against retaliation for internal and 
                lawful public disclosures;
                    (B) legal burdens of proof;
                    (C) statutes of limitation for reporting 
                retaliation;
                    (D) access to binding independent adjudicative 
                bodies, including shared cost and selection of external 
                arbitration; and
                    (E) results that eliminate the effects of proven 
                retaliation, including provision for the restoration of 
                prior employment; and
            (3) effectively implementing and enforcing policies and 
        procedures on the appropriate use of travel funds, including 
        restrictions on first-class and business-class travel.

    (b) <<NOTE: Determinations. Terrorism.>>  Restrictions on United 
Nations Delegations and Organizations.--
            (1) Restrictions on united states delegations.--None of the 
        funds made available by this Act may be used to pay expenses for 
        any United States delegation to any specialized agency, body, or 
        commission of the United Nations if such agency, body, or 
        commission is chaired or presided over by a country, the 
        government of which the Secretary of State has determined, for 
        purposes of section 1754(c) of the Export Reform Control Act of 
        2018 (50 U.S.C. 4813(c)), supports international terrorism.
            (2) Restrictions on contributions.--None of the funds made 
        available by this Act may be used by the Secretary of State as a 
        contribution to any organization, agency, commission, or program 
        within the United Nations system if such organization, agency, 
        commission, or program is chaired or presided over by a country 
        the government of which the Secretary of State has determined, 
        for purposes of section 620A of the Foreign Assistance Act of 
        1961, section 40 of the Arms Export Control Act, section 1754(c) 
        of the Export Reform Control Act of 2018 (50 U.S.C. 4813(c)), or 
        any other provision of law, is a government that has repeatedly 
        provided support for acts of international terrorism.
            (3) <<NOTE: Reports.>>  Waiver.--The Secretary of State may 
        waive the restriction in this subsection if the Secretary 
        determines and reports to the Committees on Appropriations that 
        to do so is important to the national interest of the United 
        States, including a description of the national interest served.

    (c) <<NOTE: Determination. Reports. Israel.>>  United Nations Human 
Rights Council.--None of the funds appropriated by this Act may be made 
available in support of the United Nations Human Rights Council unless 
the Secretary of State determines and reports to the Committees on 
Appropriations that participation in the Council is important to the 
national

[[Page 136 STAT. 5071]]

interest of the United States and that such Council is taking 
significant steps to remove Israel as a permanent agenda item and ensure 
integrity in the election of members to such Council:  Provided, That 
such report shall include a description of the national interest served 
and the steps taken to remove Israel as a permanent agenda item and 
ensure integrity in the election of members to such Council:  Provided 
further, <<NOTE: Resolution. Time period.>>  That the Secretary of State 
shall report to the Committees on Appropriations not later than 
September 30, 2023, on the resolutions considered in the United Nations 
Human Rights Council during the previous 12 months, and on steps taken 
to remove Israel as a permanent agenda item and ensure integrity in the 
election of members to such council.

    (d) <<NOTE: Reports.>>  United Nations Relief and Works Agency.--
Prior to the initial obligation of funds for the United Nations Relief 
and Works Agency (UNRWA), the Secretary of State shall report to the 
Committees on Appropriations, in writing, on whether UNRWA is--
            (1) utilizing Operations Support Officers in the West Bank, 
        Gaza, and other fields of operation to inspect UNRWA 
        installations and reporting any inappropriate use;
            (2) acting promptly to address any staff or beneficiary 
        violation of its own policies (including the policies on 
        neutrality and impartiality of employees) and the legal 
        requirements under section 301(c) of the Foreign Assistance Act 
        of 1961;
            (3) <<NOTE: Procedure.>>  implementing procedures to 
        maintain the neutrality of its facilities, including 
        implementing a no-weapons policy, and conducting regular 
        inspections of its installations, to ensure they are only used 
        for humanitarian or other appropriate purposes;
            (4) <<NOTE: Compliance.>>  taking necessary and appropriate 
        measures to ensure it is operating in compliance with the 
        conditions of section 301(c) of the Foreign Assistance Act of 
        1961 and continuing regular reporting to the Department of State 
        on actions it has taken to ensure conformance with such 
        conditions;
            (5) taking steps to ensure the content of all educational 
        materials currently taught in UNRWA-administered schools and 
        summer camps is consistent with the values of human rights, 
        dignity, and tolerance and does not induce incitement;
            (6) not engaging in operations with financial institutions 
        or related entities in violation of relevant United States law, 
        and is taking steps to improve the financial transparency of the 
        organization; and
            (7) <<NOTE: Compliance.>>  in compliance with the United 
        Nations Board of Auditors' biennial audit requirements and is 
        implementing in a timely fashion the Board's recommendations.

    (e) Prohibition of Payments to United Nations Members.--None of the 
funds appropriated or made available pursuant to titles III through VI 
of this Act for carrying out the Foreign Assistance Act of 1961, may be 
used to pay in whole or in part any assessments, arrearages, or dues of 
any member of the United Nations or, from funds appropriated by this Act 
to carry out chapter 1 of part I of the Foreign Assistance Act of 1961, 
the costs for participation of another country's delegation at 
international conferences held under the auspices of multilateral or 
international organizations.
    (f) Report.-- <<NOTE: Updates.>> Not later than 45 days after the 
date of enactment of this Act, the Secretary of State shall submit a 
report to the

[[Page 136 STAT. 5072]]

Committees on Appropriations detailing the amount of funds available for 
obligation or expenditure in fiscal year 2023 for contributions to any 
organization, department, agency, or program within the United Nations 
system or any international program that are withheld from obligation or 
expenditure due to any provision of law:  
Provided, <<NOTE: Consultation. Notification.>>  That the Secretary 
shall update such report each time additional funds are withheld by 
operation of any provision of law:  Provided further, That the 
reprogramming of any withheld funds identified in such report, including 
updates thereof, shall be subject to prior consultation with, and the 
regular notification procedures of, the Committees on Appropriations.

    (g) Sexual Exploitation and Abuse in Peacekeeping Operations.-- 
<<NOTE: Determinations.>> The Secretary of State shall, to the maximum 
extent practicable, withhold assistance to any unit of the security 
forces of a foreign country if the Secretary has credible information 
that such unit has engaged in sexual exploitation or abuse, including 
while serving in a United Nations peacekeeping operation, until the 
Secretary determines that the government of such country is taking 
effective steps to hold the responsible members of such unit accountable 
and to prevent future incidents:  
Provided, <<NOTE: Notification. Deadline.>>  That the Secretary shall 
promptly notify the government of each country subject to any 
withholding of assistance pursuant to this paragraph, and shall notify 
the appropriate congressional committees of such withholding not later 
than 10 days after a determination to withhold such assistance is made:  
Provided further, That the Secretary shall, to the maximum extent 
practicable, assist such government in bringing the responsible members 
of such unit to justice:  Provided 
further, <<NOTE: Reports. Consultation.>>  That not later than 60 days 
after the date of enactment of this Act, the Secretary shall submit a 
report to the Committees on Appropriations detailing the policies, 
mechanisms, and procedures established to implement this subsection, 
following consultation with the Committees on Appropriations.

    (h) <<NOTE: Notification.>>  Additional Availability.--Subject to 
the regular notification procedures of the Committees on Appropriations, 
funds appropriated by this Act which are returned or not made available 
due to the second proviso under the heading ``Contributions for 
International Peacekeeping Activities'' in title I of this Act or 
section 307(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 
2227(a)), shall remain available for obligation until September 30, 
2024:  Provided, That the requirement to withhold funds for programs in 
Burma under section 307(a) of the Foreign Assistance Act of 1961 shall 
not apply to funds appropriated by this Act.

                           war crimes tribunal

    Sec. 7049.  <<NOTE: President. Determination. Drawdown. United 
Nations.>>  If the President determines that doing so will contribute to 
a just resolution of charges regarding genocide or other violations of 
international humanitarian law, the President may direct a drawdown 
pursuant to section 552(c) of the Foreign Assistance Act of 1961 of up 
to $30,000,000 of commodities and services for the United Nations War 
Crimes Tribunal established with regard to the former Yugoslavia by the 
United Nations Security Council or such other tribunals or commissions 
as the Council may establish or authorize to deal with such violations, 
without regard to the ceiling limitation contained in paragraph (2) 
thereof:  Provided, That the determination required under this section 
shall be in lieu of any determinations otherwise required under section

[[Page 136 STAT. 5073]]

552(c):  Provided further, <<NOTE: Notification.>>  That funds made 
available pursuant to this section shall be made available subject to 
the regular notification procedures of the Committees on Appropriations.

                         global internet freedom

    Sec. 7050. (a) Funding.--Of the funds available for obligation 
during fiscal year 2023 under the headings ``International Broadcasting 
Operations'', ``Economic Support Fund'', ``Democracy Fund'', and 
``Assistance for Europe, Eurasia and Central Asia'', not less than 
$90,500,000 shall be made available for programs to promote Internet 
freedom globally:  Provided, That such programs shall be prioritized for 
countries whose governments restrict freedom of expression on the 
Internet, and that are important to the national interest of the United 
States:  Provided further, That funds made available pursuant to this 
section shall be matched, to the maximum extent practicable, by sources 
other than the United States Government, including from the private 
sector.
    (b) Requirements.--
            (1) Department of state and united states agency for 
        international development.--Funds appropriated by this Act under 
        the headings ``Economic Support Fund'', ``Democracy Fund'', and 
        ``Assistance for Europe, Eurasia and Central Asia'' that are 
        made available pursuant to subsection (a) shall be--
                    (A) coordinated with other democracy programs funded 
                by this Act under such headings, and shall be 
                incorporated into country assistance and democracy 
                promotion strategies, as appropriate;
                    (B) for programs to implement the May 2011, 
                International Strategy for Cyberspace, the Department of 
                State International Cyberspace Policy Strategy required 
                by section 402 of the Cybersecurity Act of 2015 
                (division N of Public Law 114-113), and the 
                comprehensive strategy to promote Internet freedom and 
                access to information in Iran, as required by section 
                414 of the Iran Threat Reduction and Syria Human Rights 
                Act of 2012 (22 U.S.C. 8754);
                    (C) made available for programs that support the 
                efforts of civil society to counter the development of 
                repressive Internet-related laws and regulations, 
                including countering threats to Internet freedom at 
                international organizations; to combat violence against 
                bloggers and other users; and to enhance digital 
                security training and capacity building for democracy 
                activists;
                    (D) made available for research of key threats to 
                Internet freedom; the continued development of 
                technologies that provide or enhance access to the 
                Internet, including circumvention tools that bypass 
                Internet blocking, filtering, and other censorship 
                techniques used by authoritarian governments; and 
                maintenance of the technological advantage of the United 
                States Government over such censorship techniques:  
                Provided, <<NOTE: Coordination. Assessment.>>  That the 
                Secretary of State, in consultation with the United 
                States Agency for Global Media Chief Executive Officer 
                (USAGM CEO) and the President of the Open Technology 
                Fund (OTF), shall coordinate any such research and 
                development programs with other relevant United States 
                Government departments and agencies

[[Page 136 STAT. 5074]]

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

    (c) <<NOTE: Deadline.>>  Coordination and Spend Plans.--After 
consultation among the relevant agency heads to coordinate and de-
conflict planned activities, but not later than 90 days after the date 
of enactment of this Act, the Secretary of State and the USAGM CEO, in 
consultation with the OTF President, shall submit to the Committees on 
Appropriations spend plans for funds made available by this Act for 
programs to promote Internet freedom globally, which shall include a 
description of safeguards established by relevant agencies to ensure 
that such programs are not used for illicit purposes:  Provided, That 
the Department of State spend plan shall include funding for all such 
programs for all relevant

[[Page 136 STAT. 5075]]

Department of State and United States Agency for International 
Development offices and bureaus.

    (d) Security Audits.--Funds made available pursuant to this section 
to promote Internet freedom globally may only be made available to 
support open-source technologies that undergo comprehensive security 
audits consistent with the requirements of the Bureau of Democracy, 
Human Rights, and Labor, Department of State to ensure that such 
technology is secure and has not been compromised in a manner 
detrimental to the interest of the United States or to individuals and 
organizations benefiting from programs supported by such funds:  
Provided, <<NOTE: Review. Updates.>>  That the security auditing 
procedures used by such Bureau shall be reviewed and updated 
periodically to reflect current industry security standards.

 torture and other cruel, inhuman, or degrading treatment or punishment

    Sec. 7051. (a) Prohibition.--None of the funds made available by 
this Act may be used to support or justify the use of torture and other 
cruel, inhuman, or degrading treatment or punishment by any official or 
contract employee of the United States Government.
    (b) <<NOTE: Consultation.>>  Assistance.--Funds appropriated under 
titles III and IV of this Act shall be made available, notwithstanding 
section 660 of the Foreign Assistance Act of 1961 and following 
consultation with the Committees on Appropriations, for assistance to 
eliminate torture and other cruel, inhuman, or degrading treatment or 
punishment by foreign police, military, or other security forces in 
countries receiving assistance from funds appropriated by this Act.

                aircraft transfer, coordination, and use

    Sec. 7052. (a) Transfer Authority.--Notwithstanding any other 
provision of law or regulation, aircraft procured with funds 
appropriated by this Act and prior Acts making appropriations for the 
Department of State, foreign operations, and related programs under the 
headings ``Diplomatic Programs'', ``International Narcotics Control and 
Law Enforcement'', ``Andean Counterdrug Initiative'', and ``Andean 
Counterdrug Programs'' may be used for any other program and in any 
region.
    (b) <<NOTE: Applicability. Determination.>>  Property Disposal.--The 
authority provided in subsection (a) shall apply only after the 
Secretary of State determines and reports to the Committees on 
Appropriations that the equipment is no longer required to meet 
programmatic purposes in the designated country or region:  
Provided, <<NOTE: Consultation. Notification.>>  That any such transfer 
shall be subject to prior consultation with, and the regular 
notification procedures of, the Committees on Appropriations.

    (c) Aircraft Coordination.--
            (1) Authority.--The uses of aircraft purchased or leased by 
        the Department of State and the United States Agency for 
        International Development with funds made available in this Act 
        or prior Acts making appropriations for the Department of State, 
        foreign operations, and related programs shall be coordinated 
        under the authority of the appropriate Chief of Mission:  
        Provided, That such aircraft may be used to transport, on a 
        reimbursable or non-reimbursable basis, Federal and non-Federal 
        personnel supporting Department of State and USAID programs and 
        activities:  Provided further, That official travel

[[Page 136 STAT. 5076]]

        for other agencies for other purposes may be supported on a 
        reimbursable basis, or without reimbursement when traveling on a 
        space available basis:  Provided further, That funds received by 
        the Department of State in connection with the use of aircraft 
        owned, leased, or chartered by the Department of State may be 
        credited to the Working Capital Fund of the Department and shall 
        be available for expenses related to the purchase, lease, 
        maintenance, chartering, or operation of such aircraft.
            (2) <<NOTE: Applicability.>>  Scope.--The requirement and 
        authorities of this subsection shall only apply to aircraft, the 
        primary purpose of which is the transportation of personnel.

    (d) Aircraft Operations and Maintenance.--To the maximum extent 
practicable, the costs of operations and maintenance, including fuel, of 
aircraft funded by this Act shall be borne by the recipient country.

    parking fines and real property taxes owed by foreign governments

    Sec. 7053.  <<NOTE: Applicability.>>  The terms and conditions of 
section 7055 of the Department of State, Foreign Operations, and Related 
Programs Appropriations Act, 2010 (division F of Public Law 111-117) 
shall apply to this Act:  Provided, That subsection (f)(2)(B) of such 
section shall be applied by substituting ``September 30, 2022'' for 
``September 30, 2009''.

                       international monetary fund

    Sec. 7054. <<NOTE: Applicability.>>  (a) Extensions.--The terms and 
conditions of sections 7086(b)(1) and (2) and 7090(a) of the Department 
of State, Foreign Operations, and Related Programs Appropriations Act, 
2010 (division F of Public Law 111-117) shall apply to this Act.

    (b) Repayment.--The Secretary of the Treasury shall instruct the 
United States Executive Director of the International Monetary Fund 
(IMF) to seek to ensure that any loan will be repaid to the IMF before 
other private or multilateral creditors.

                               extradition

    Sec. 7055. (a) Limitation.--None of the funds appropriated in this 
Act may be used to provide assistance (other than funds provided under 
the headings ``Development Assistance'', ``International Disaster 
Assistance'', ``Complex Crises Fund'', ``International Narcotics Control 
and Law Enforcement'', ``Migration and Refugee Assistance'', ``United 
States Emergency Refugee and Migration Assistance Fund'', and 
``Nonproliferation, Anti-terrorism, Demining and Related Assistance'') 
for the central government of a country which has notified the 
Department of State of its refusal to extradite to the United States any 
individual indicted for a criminal offense for which the maximum penalty 
is life imprisonment without the possibility of parole or for killing a 
law enforcement officer, as specified in a United States extradition 
request.
    (b) <<NOTE: Applicability.>>  Clarification.--Subsection (a) shall 
only apply to the central government of a country with which the United 
States maintains diplomatic relations and with which the United States 
has an extradition treaty and the government of that country is in 
violation of the terms and conditions of the treaty.

[[Page 136 STAT. 5077]]

    (c) <<NOTE: Certification.>>  Waiver.--The Secretary of State may 
waive the restriction in subsection (a) on a case-by-case basis if the 
Secretary certifies to the Committees on Appropriations that such waiver 
is important to the national interest of the United States.

                            enterprise funds

    Sec. <<NOTE: President. Plans. Time period. Advance notice.>>  7056. 
(a) Notification.--None of the funds made available under titles III 
through VI of this Act may be made available for Enterprise Funds unless 
the appropriate congressional committees are notified at least 15 days 
in advance.

    (b) Distribution of Assets Plan.--Prior to the distribution of any 
assets resulting from any liquidation, dissolution, or winding up of an 
Enterprise Fund, in whole or in part, the President shall submit to the 
appropriate congressional committees a plan for the distribution of the 
assets of the Enterprise Fund.
    (c) Transition or Operating Plan.--Prior to a transition to and 
operation of any private equity fund or other parallel investment fund 
under an existing Enterprise Fund, the President shall submit such 
transition or operating plan to the appropriate congressional 
committees.

                     united nations population fund

    Sec. 7057. (a) Contribution.--Of the funds made available under the 
heading ``International Organizations and Programs'' in this Act for 
fiscal year 2023, $32,500,000 shall be made available for the United 
Nations Population Fund (UNFPA).
    (b) <<NOTE: Transfer authority. Notification.>>  Availability of 
Funds.--Funds appropriated by this Act for UNFPA, that are not made 
available for UNFPA because of the operation of any provision of law, 
shall be transferred to the ``Global Health Programs'' account and shall 
be made available for family planning, maternal, and reproductive health 
activities, subject to the regular notification procedures of the 
Committees on Appropriations.

    (c) Prohibition on Use of Funds in China.--None of the funds made 
available by this Act may be used by UNFPA for a country program in the 
People's Republic of China.
    (d) Conditions on Availability of Funds.--Funds made available by 
this Act for UNFPA may not be made available unless--
            (1) UNFPA maintains funds made available by this Act in an 
        account separate from other accounts of UNFPA and does not 
        commingle such funds with other sums; and
            (2) <<NOTE: Abortion.>>  UNFPA does not fund abortions.

    (e) Report to Congress and Dollar-for-Dollar Withholding of Funds.--
            (1) Not later than 4 months after the date of enactment of 
        this Act, the Secretary of State shall submit a report to the 
        Committees on Appropriations indicating the amount of funds that 
        UNFPA is budgeting for the year in which the report is submitted 
        for a country program in the People's Republic of China.
            (2) If a report under paragraph (1) indicates that UNFPA 
        plans to spend funds for a country program in the People's 
        Republic of China in the year covered by the report, then the 
        amount of such funds UNFPA plans to spend in the People's 
        Republic of China shall be deducted from the funds made

[[Page 136 STAT. 5078]]

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

                        global health activities

    Sec. 7058. (a) In General.--Funds appropriated by titles III and IV 
of this Act that are made available for bilateral assistance for child 
survival activities or disease programs including activities relating to 
research on, and the prevention, treatment and control of, HIV/AIDS may 
be made available notwithstanding any other provision of law except for 
provisions under the heading ``Global Health Programs'' and the United 
States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 
2003 (117 Stat. 711; 22 U.S.C. 7601 et seq.), as amended:  Provided, 
That of the funds appropriated under title III of this Act, not less 
than $575,000,000 should be made available for family planning/
reproductive health, including in areas where population growth 
threatens biodiversity or endangered species.
    (b) Pandemics and Other Infectious Disease Outbreaks.--
            (1) Global health security.--Funds appropriated by this Act 
        under the heading ``Global Health Programs'' shall be made 
        available for global health security programs to accelerate the 
        capacity of countries to prevent, detect, and respond to 
        infectious disease outbreaks, including by strengthening public 
        health capacity where there is a high risk of emerging zoonotic 
        infectious diseases:  
        Provided, <<NOTE: Deadline. Consultation.>>  That not later than 
        60 days after the date of enactment of this Act, the USAID 
        Administrator and the Secretary of State, as appropriate, shall 
        consult with the Committees on Appropriations on the planned 
        uses of such funds.
            (2) Financial intermediary fund.--Funds appropriated by this 
        Act under the heading ``Global Health Programs'' may be made 
        available for contributions to a financial intermediary fund for 
        pandemic preparedness and global heath security.
            (3) <<NOTE: Determination. Reports.>>  Extraordinary 
        measures.--If the Secretary of State determines and reports to 
        the Committees on Appropriations that an international 
        infectious disease outbreak is sustained, severe, and is 
        spreading internationally, or that it is in the national 
        interest to respond to a Public Health Emergency of 
        International Concern, not to exceed an aggregate total of 
        $200,000,000 of the funds appropriated by this Act under the 
        headings ``Global Health Programs'', ``Development Assistance'', 
        ``International Disaster Assistance'', ``Complex Crises Fund'', 
        ``Economic Support Fund'', ``Democracy Fund'', ``Assistance for 
        Europe, Eurasia and Central Asia'', ``Migration and Refugee 
        Assistance'', and ``Millennium Challenge Corporation'' may be 
        made available to combat such infectious disease or public 
        health emergency, and may be transferred to, and merged with, 
        funds appropriated under such headings for the purposes of this 
        paragraph.
            (4) Emergency reserve fund.--Up to $90,000,000 of the funds 
        made available under the heading ``Global Health Programs'' may 
        be made available for the Emergency Reserve Fund established 
        pursuant to section 7058(c)(1) of the Department of State, 
        Foreign Operations, and Related Programs Appropriations Act, 
        2017 (division J of Public Law 115-31):

[[Page 136 STAT. 5079]]

         Provided, That such funds shall be made available under the 
        same terms and conditions of such section.
            (5) Consultation and notification.--Funds made available by 
        this subsection shall be subject to prior consultation with, and 
        the regular notification procedures of, the Committees on 
        Appropriations.

    (c) <<NOTE: China.>>  Limitation.--Notwithstanding any other 
provision of law, none of the funds made available by this Act may be 
made available to the Wuhan Institute of Virology located in the City of 
Wuhan in the People's Republic of China.

                 gender equality and women's empowerment

    Sec. 7059. (a) In General.--
            (1) Gender equality.--Funds appropriated by this Act shall 
        be made available to promote gender equality in United States 
        Government diplomatic and development efforts by raising the 
        status, increasing the economic participation and opportunities 
        for political leadership, and protecting the rights of women and 
        girls worldwide.
            (2) Women's economic empowerment.--Funds appropriated by 
        this Act are available to implement the Women's Entrepreneurship 
        and Economic Empowerment Act of 2018 (Public Law 115-428):  
        Provided, <<NOTE: Consultation.>>  That the Secretary of State 
        and the Administrator of the United States Agency for 
        International Development, as appropriate, shall consult with 
        the Committees on Appropriations on the implementation of such 
        Act.
            (3) Gender equity and equality action fund.--Of the funds 
        appropriated under title III of this Act, up to $200,000,000 may 
        be made available for the Gender Equity and Equality Action 
        Fund.

    (b) <<NOTE: 22 USC 2151-2 note.>>  Madeleine K. Albright Women's 
Leadership Program.--Of the funds appropriated under title III of this 
Act, not less than $50,000,000 shall be made available for programs 
specifically designed to increase leadership opportunities for women in 
countries where women and girls suffer discrimination due to law, 
policy, or practice, by strengthening protections for women's political 
status, expanding women's participation in political parties and 
elections, and increasing women's opportunities for leadership positions 
in the public and private sectors at the local, provincial, and national 
levels:  Provided, That such programs shall hereafter be collectively 
named the ``Madeleine K. Albright Women's Leadership Program''.

    (c) Gender-Based Violence.--
            (1) Of the funds appropriated under titles III and IV of 
        this Act, not less than $250,000,000 shall be made available to 
        implement a multi-year strategy to prevent and respond to 
        gender-based violence in countries where it is common in 
        conflict and non-conflict settings.
            (2) Funds appropriated under titles III and IV of this Act 
        that are available to train foreign police, judicial, and 
        military personnel, including for international peacekeeping 
        operations, shall address, where appropriate, prevention and 
        response to gender-based violence and trafficking in persons, 
        and shall promote the integration of women into the police and 
        other security forces.

[[Page 136 STAT. 5080]]

    (d) Women, Peace, and Security.--Of the funds appropriated by this 
Act under the headings ``Development Assistance'', ``Economic Support 
Fund'', ``Assistance for Europe, Eurasia and Central Asia'', and 
``International Narcotics Control and Law Enforcement'', $150,000,000 
should be made available to support a multi-year strategy to expand, and 
improve coordination of, United States Government efforts to empower 
women as equal partners in conflict prevention, peace building, 
transitional processes, and reconstruction efforts in countries affected 
by conflict or in political transition, and to ensure the equitable 
provision of relief and recovery assistance to women and girls.

                           sector allocations

    Sec. 7060. (a) Basic Education and Higher Education.--
            (1) Basic education.--
                    (A) <<NOTE: 22 USC 2151c note.>>  Of the funds 
                appropriated under title III of this Act, not less than 
                $970,000,000 shall be made available for the Nita M. 
                Lowey Basic Education Fund, and such funds may be made 
                available notwithstanding any other provision of law 
                that restricts assistance to foreign countries:  
                Provided, That such funds shall also be used for 
                secondary education activities:  Provided further, That 
                of the funds made available by this paragraph, 
                $150,000,000 should be available for the education of 
                girls in areas of conflict:  Provided further, That 
                section 7(a) of Public Law 115-
                56 <<NOTE: Implementation.>>  shall be implemented by 
                substituting ``the thirtieth day of June following'' for 
                ``180 days after''.
                    (B) Of the funds appropriated under title III of 
                this Act for assistance for basic education programs, 
                not less than $160,000,000 shall be made available for 
                contributions to multilateral partnerships that support 
                education.
            (2) Higher education.--Of the funds appropriated by title 
        III of this Act, not less than $285,000,000 shall be made 
        available for assistance for higher education:  
        Provided, <<NOTE: Notification.>>  That such funds may be made 
        available notwithstanding any other provision of law that 
        restricts assistance to foreign countries, and shall be subject 
        to the regular notification procedures of the Committees on 
        Appropriations:  Provided further, That of such amount, not less 
        than $35,000,000 shall be made available for new and ongoing 
        partnerships between higher education institutions in the United 
        States and developing countries focused on building the capacity 
        of higher education institutions and systems in developing 
        countries:  Provided further, That of such amount and in 
        addition to the previous proviso, not less than $35,000,000 
        shall be made available for higher education programs pursuant 
        to section 7060(a)(3) of the Department of State, Foreign 
        Operations, and Related Programs Appropriations Act, 2021 
        (division K of Public Law 116-260):  Provided 
        further, <<NOTE: Deadline. Consultation.>>  That not later than 
        45 days after the date of enactment of this Act, the USAID 
        Administrator shall consult with the Committees on 
        Appropriations on the proposed uses of funds for such 
        partnerships.
            (3) Scholar rescue programs.--Of the funds appropriated by 
        this Act under the headings ``Development Assistance'', 
        ``Economic Support Fund'', and ``Assistance for Europe, Eurasia 
        and Central Asia'', not less than $7,000,000 shall be made

[[Page 136 STAT. 5081]]

        available for scholar rescue programs, including for scholars 
        from Afghanistan, Burma, Ethiopia, the Russian Federation, 
        Ukraine, and Yemen:  
        Provided, <<NOTE: Consultation. Deadline.>>  That the Secretary 
        of State and Administrator of the United States Agency for 
        International Development, as appropriate, shall consult with 
        the Committees on Appropriations on such programs not later than 
        90 days after the date of enactment of this Act.

    (b) Development Programs.--Of the funds appropriated by this Act 
under the heading ``Development Assistance'', not less than $18,500,000 
shall be made available for USAID cooperative development programs and 
not less than $31,500,000 shall be made available for the American 
Schools and Hospitals Abroad program.
    (c) Food Security and Agricultural Development.--
            (1) Of the funds appropriated by title III of this Act, not 
        less than $1,010,600,000 shall be made available for food 
        security and agricultural development programs to carry out the 
        purposes of the Global Food Security Act of 2016 (Public Law 
        114-195):  Provided, That funds may be made available for a 
        contribution as authorized by section 3202 of the Food, 
        Conservation, and Energy Act of 2008 (Public Law 110-246), as 
        amended by section 3310 of the Agriculture Improvement Act of 
        2018 (Public Law 115-334).
            (2) The Secretary of State, in coordination with the 
        Administrator of the United States Agency for International 
        Development and the heads of other relevant Federal agencies, 
        shall seek to enter into negotiations with key foreign 
        governments and multilateral, philanthropic, and private sector 
        entities, including the United Nations Rome-based agencies and 
        the World Bank, regarding the potential establishment of a 
        multilateral fund focused on food security, as described under 
        this section in the explanatory statement described in section 4 
        (in the matter preceding division A of this consolidated Act).

    (d) Micro, Small, and Medium-Sized Enterprises.--Of the funds 
appropriated by this Act, not less than $265,000,000 shall be made 
available to support the development of, and access to financing for, 
micro, small, and medium-sized enterprises that benefit the poor, 
especially women.
    (e) Programs to Combat Trafficking in Persons.--Of the funds 
appropriated by this Act under the headings ``Development Assistance'', 
``Economic Support Fund'', ``Assistance for Europe, Eurasia and Central 
Asia'', and ``International Narcotics Control and Law Enforcement'', not 
less than $116,400,000 shall be made available for activities to combat 
trafficking in persons internationally, including for the Program to End 
Modern Slavery, of which not less than $87,000,000 shall be from funds 
made available under the heading ``International Narcotics Control and 
Law Enforcement'':  Provided, <<NOTE: Coordination.>>  That funds made 
available by this Act under the headings ``Development Assistance'', 
``Economic Support Fund'', and ``Assistance for Europe, Eurasia and 
Central Asia'' that are made available for activities to combat 
trafficking in persons should be obligated and programmed consistent 
with the country-specific recommendations included in the annual 
Trafficking in Persons Report, and shall be coordinated with the Office 
to Monitor and Combat Trafficking in Persons, Department of State.

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

[[Page 136 STAT. 5082]]

people reconciliation programs which bring together individuals of 
different ethnic, racial, religious, and political backgrounds from 
areas of civil strife and war:  
Provided, <<NOTE: Consultation. Notification.>>  That the USAID 
Administrator shall consult with the Committees on Appropriations, prior 
to the initial obligation of funds, on the uses of such funds, and such 
funds shall be subject to the regular notification procedures of the 
Committees on Appropriations:  Provided further, That to the maximum 
extent practicable, such funds shall be matched by sources other than 
the United States Government:  Provided further, That such funds shall 
be administered by the Center for Conflict and Violence Prevention, 
USAID.

    (g) Water and Sanitation.--Of the funds appropriated by this Act, 
not less than $475,000,000 shall be made available for water supply and 
sanitation projects pursuant to section 136 of the Foreign Assistance 
Act of 1961, of which not less than $237,000,000 shall be for programs 
in sub-Saharan Africa, and of which not less than $17,000,000 shall be 
made available to support initiatives by local communities in developing 
countries to build and maintain safe latrines.
    (h) Deviation.--Unless otherwise provided for by this Act, the 
Secretary of State and the Administrator of the United States Agency for 
International Development, as applicable, may deviate below the minimum 
funding requirements designated in sections 7059, 7060, and 7061 of this 
Act by up to 10 percent, notwithstanding such designation:  
Provided, <<NOTE: Proposals.>>  That concurrent with the submission of 
the report required by section 653(a) of the Foreign Assistance Act of 
1961, the Secretary of State shall submit to the Committees on 
Appropriations in writing any proposed deviations utilizing such 
authority that are planned at the time of submission of such report:  
Provided further, <<NOTE: Consultation.>>  That any deviations proposed 
subsequent to the submission of such report shall be subject to prior 
consultation with such Committees:  Provided 
further, <<NOTE: Reports.>>  That not later than November 1, 2024, the 
Secretary of State shall submit a report to the Committees on 
Appropriations on the use of the authority of this subsection.

                          environment programs

    Sec. 7061. (a) Funds appropriated by this Act to carry out the 
provisions of sections 103 through 106, and chapter 4 of part II, of the 
Foreign Assistance Act of 1961 may be used, notwithstanding any other 
provision of law, except for the provisions of this section and only 
subject to the reporting procedures of the Committees on Appropriations, 
to support environment programs.
    (b)(1) Of the funds appropriated under title III of this Act, not 
less than $385,000,000 shall be made available for biodiversity 
conservation programs.
    (2) Not less than $125,000,000 of the funds appropriated under 
titles III and IV of this Act shall be made available to combat the 
transnational threat of wildlife poaching and trafficking.
    (3) <<NOTE: Determination. Poaching. Reports.>>  None of the funds 
appropriated under title IV of this Act may be made available for 
training or other assistance for any military unit or personnel that the 
Secretary of State determines has been credibly alleged to have 
participated in wildlife poaching or trafficking, unless the Secretary 
reports to the appropriate congressional committees that to do so is in 
the national security interest of the United States.

[[Page 136 STAT. 5083]]

    (4) Funds appropriated by this Act for biodiversity programs shall 
not be used to support the expansion of industrial scale logging, 
agriculture, livestock production, mining, or any other industrial scale 
extractive activity into areas that were primary/intact tropical forests 
as of December 30, 2013, and the Secretary of the Treasury shall 
instruct the United States executive directors of each international 
financial institution (IFI) to use the voice and vote of the United 
States to oppose any financing of any such activity.
    (5) Funds appropriated by this Act shall be made available to 
support a new public-private partnership for conservation to promote 
long-term management of protected areas in developing countries, if 
legislation establishing a foundation to facilitate such partnership is 
enacted into law.
    (c) The Secretary of the Treasury shall instruct the United States 
executive director of each IFI that it is the policy of the United 
States to use the voice and vote of the United States, in relation to 
any loan, grant, strategy, or policy of such institution, regarding the 
construction of any large dam consistent with the criteria set forth in 
Senate Report 114-79, while also considering whether the project 
involves important foreign policy objectives.
    (d) Of the funds appropriated under title III of this Act, not less 
than $185,000,000 shall be made available for sustainable landscapes 
programs.
    (e) Of the funds appropriated under title III of this Act, not less 
than $270,000,000 shall be made available for adaptation programs, 
including in support of the implementation of the Indo-Pacific Strategy.
    (f) Of the funds appropriated under title III of this Act, not less 
than $260,000,000 shall be made available for clean energy programs, 
including in support of carrying out the purposes of the Electrify 
Africa Act (Public Law 114-121) and implementing the Power Africa 
initiative.
    (g) Funds appropriated by this Act under title III may be made 
available for United States contributions to the Adaptation Fund and the 
Least Developed Countries Fund.
    (h) Of the funds appropriated under title III of this Act, not less 
than $50,000,000 shall be made available for the purposes enumerated 
under section 7060(c)(7) of the Department of State, Foreign Operations, 
and Related Programs Appropriations Act, 2021 (division K of Public Law 
116-260):  Provided, <<NOTE: Consultation.>>  That such funds may only 
be made available following consultation with the Committees on 
Appropriations.

    (i) Of the funds appropriated under title III of this Act, not less 
than $20,000,000 shall be made available to support Indigenous and other 
civil society organizations in developing countries that are working to 
protect the environment, including threatened and endangered species, as 
described under this section in the explanatory statement described in 
section 4 (in the matter preceding division A of this consolidated Act).
    (j) <<NOTE: Implementation.>>  The Secretary of State and USAID 
Administrator shall implement the directive regarding law enforcement in 
national parks and protected areas as described under this section in 
the explanatory statement described in section 4 (in the matter 
preceding division A of this consolidated Act).

[[Page 136 STAT. 5084]]

                            budget documents

    Sec. 7062. <<NOTE: Deadlines.>>  (a) Operating Plans.--Not later 
than 45 days after the date of enactment of this Act, each department, 
agency, or organization funded in titles I, II, and VI of this Act, and 
the Department of the Treasury and Independent Agencies funded in title 
III of this Act, including the Inter-American Foundation and the United 
States African Development Foundation, shall submit to the Committees on 
Appropriations an operating plan for funds appropriated to such 
department, agency, or organization in such titles of this Act, or funds 
otherwise available for obligation in fiscal year 2023, that provides 
details of the uses of such funds at the program, project, and activity 
level:  Provided, That such plans shall include, as applicable, a 
comparison between the congressional budget justification funding 
levels, the most recent congressional directives or approved funding 
levels, and the funding levels proposed by the department or agency; and 
a clear, concise, and informative description/justification:  Provided 
further, <<NOTE: Notification.>>  That operating plans that include 
changes in levels of funding for programs, projects, and activities 
specified in the congressional budget justification, in this Act, or 
amounts specifically designated in the respective tables included in the 
explanatory statement described in section 4 (in the matter preceding 
division A of this consolidated Act), as applicable, shall be subject to 
the notification and reprogramming requirements of section 7015 of this 
Act.

    (b) Spend Plans.--
            (1) Prior to the initial obligation of funds, the Secretary 
        of State or Administrator of the United States Agency for 
        International Development, as appropriate, shall submit to the 
        Committees on Appropriations spend plans as described under this 
        section in the explanatory statement described in section 4 (in 
        the matter preceding division A of this consolidated Act).
            (2) Not later than 90 days after the date of enactment of 
        this Act, the Secretary of the Treasury shall submit to the 
        Committees on Appropriations a detailed spend plan for funds 
        made available by this Act under the heading ``Department of the 
        Treasury, International Affairs Technical Assistance'' in title 
        III.
            (3) Notwithstanding paragraph (1), up to 10 percent of the 
        funds contained in a spend plan required by this subsection may 
        be obligated prior to the submission of such spend plan if the 
        Secretary of State, the USAID Administrator, or the Secretary of 
        the Treasury, as applicable, determines that the obligation of 
        such funds is necessary to avoid significant programmatic 
        disruption: Provided, That not less than seven days prior to 
        such obligation, the Secretary or Administrator, as appropriate, 
        shall consult with the Committees on Appropriations on the 
        justification for such obligation and the proposed uses of such 
        funds.

    (c) Clarification.--The spend plans referenced in subsection (b) 
shall not be considered as meeting the notification requirements in this 
Act or under section 634A of the Foreign Assistance Act of 1961.
    (d) Congressional Budget Justification.--The congressional budget 
justification for Department of State operations and foreign operations 
shall be provided to the Committees on Appropriations concurrent with 
the date of submission of the President's budget

[[Page 136 STAT. 5085]]

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

                             reorganization

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

                     department of state management

    Sec. <<NOTE: Notification.>>  7064. (a) Working Capital Fund.--Funds 
appropriated by this Act or otherwise made available to the Department 
of State for payments to the Working Capital Fund that are made 
available for new service centers, shall be subject to the regular 
notification procedures of the Committees on Appropriations.

    (b) Certification.--
            (1) <<NOTE: Reports.>>  Compliance.--Not later than 45 days 
        after the initial obligation of funds appropriated under titles 
        III and IV of this Act that are made available to a Department 
        of State bureau or office with responsibility for the management 
        and oversight of such funds, the Secretary of State shall 
        certify and report to the Committees on Appropriations, on an 
        individual bureau or office basis, that such bureau or office is 
        in compliance with Department and Federal financial and

[[Page 136 STAT. 5086]]

        grants management policies, procedures, and regulations, as 
        applicable.
            (2) <<NOTE: Certification.>>  Considerations.--When making a 
        certification required by paragraph (1), the Secretary of State 
        shall consider the capacity of a bureau or office to--
                    (A) account for the obligated funds at the country 
                and program level, as appropriate;
                    (B) identify risks and develop mitigation and 
                monitoring plans;
                    (C) establish performance measures and indicators;
                    (D) review activities and performance; and
                    (E) assess final results and reconcile finances.
            (3) <<NOTE: Timeline.>>  Plan.--If the Secretary of State is 
        unable to make a certification required by paragraph (1), the 
        Secretary shall submit a plan and timeline detailing the steps 
        to be taken to bring such bureau or office into compliance.

    (c) Information Technology Platform.--None of the funds appropriated 
in title I of this Act under the heading ``Administration of Foreign 
Affairs'' may be made available for a new major information technology 
investment without the concurrence of the Chief Information Officer, 
Department of State.

      united states agency for international development management

    Sec. <<NOTE: 22 USC 3948 note.>>  7065. (a) Authority.--Up to 
$170,000,000 of the funds made available in title III of this Act 
pursuant to or to carry out the provisions of part I of the Foreign 
Assistance Act of 1961, including funds appropriated under the heading 
``Assistance for Europe, Eurasia and Central Asia'', may be used by the 
United States Agency for International Development to hire and employ 
individuals in the United States and overseas on a limited appointment 
basis pursuant to the authority of sections 308 and 309 of the Foreign 
Service Act of 1980 (22 U.S.C. 3948 and 3949).

    (b) <<NOTE: Expiration date.>>  Restriction.--The authority to hire 
individuals contained in subsection (a) shall expire on September 30, 
2024.

    (c) Program Account Charged.--The account charged for the cost of an 
individual hired and employed under the authority of this section shall 
be the account to which the responsibilities of such individual 
primarily relate:  Provided, That funds made available to carry out this 
section may be transferred to, and merged with, funds appropriated by 
this Act in title II under the heading ``Operating Expenses''.
    (d) Foreign Service Limited Extensions.--Individuals hired and 
employed by USAID, with funds made available in this Act or prior Acts 
making appropriations for the Department of State, foreign operations, 
and related programs, pursuant to the authority of section 309 of the 
Foreign Service Act of 1980 (22 U.S.C. 3949), may be extended for a 
period of up to 4 years notwithstanding the limitation set forth in such 
section.
    (e) <<NOTE: Notification.>>  Disaster Surge Capacity.--Funds 
appropriated under title III of this Act to carry out part I of the 
Foreign Assistance Act of 1961, including funds appropriated under the 
heading ``Assistance for Europe, Eurasia and Central Asia'', may be 
used, in addition to funds otherwise available for such purposes, for 
the cost (including the support costs) of individuals detailed to or 
employed by USAID whose primary responsibility is to carry out programs

[[Page 136 STAT. 5087]]

in response to natural disasters, or man-made disasters subject to the 
regular notification procedures of the Committees on Appropriations.

    (f) Personal Services Contractors.--Funds appropriated by this Act 
to carry out chapter 1 of part I, chapter 4 of part II, and section 667 
of the Foreign Assistance Act of 1961, and title II of the Food for 
Peace Act (Public Law 83-480; 7 U.S.C. 1721 et seq.), may be used by 
USAID to employ up to 40 personal services contractors in the United 
States, notwithstanding any other provision of law, for the purpose of 
providing direct, interim support for new or expanded overseas programs 
and activities managed by the agency until permanent direct hire 
personnel are hired and trained:  Provided, That not more than 15 of 
such contractors shall be assigned to any bureau or office:  Provided 
further, That such funds appropriated to carry out title II of the Food 
for Peace Act (Public Law 83-480; 7 U.S.C. 1721 et seq.), may be made 
available only for personal services contractors assigned to the Bureau 
for Humanitarian Assistance.
    (g) Small Business.--In entering into multiple award indefinite-
quantity contracts with funds appropriated by this Act, USAID may 
provide an exception to the fair opportunity process for placing task 
orders under such contracts when the order is placed with any category 
of small or small disadvantaged business.
    (h) Senior Foreign Service Limited Appointments.--Individuals hired 
pursuant to the authority provided by section 7059(o) of the Department 
of State, Foreign Operations, and Related Programs Appropriations Act, 
2010 (division F of Public Law 111-117) may be assigned to or support 
programs in Afghanistan or Pakistan with funds made available in this 
Act and prior Acts making appropriations for the Department of State, 
foreign operations, and related programs.
    (i) Crisis Operations Staffing.--Up to $86,000,000 of the funds made 
available in title III of this Act pursuant to, or to carry out the 
provisions of, part I of the Foreign Assistance Act of 1961 and section 
509(b) of the Global Fragility Act of 2019 (title V of division J of 
Public Law 116-94) may be made available for the United States Agency 
for International Development to appoint and employ personnel in the 
excepted service to prevent or respond to foreign crises and contexts 
with growing instability:  Provided, That functions carried out by 
personnel hired under the authority of this subsection shall be related 
to the purpose for which the funds were appropriated:  Provided further, 
That such funds are in addition to funds otherwise available for such 
purposes and may remain attributed to any minimum funding requirement 
for which they were originally made available:  Provided further, 
That <<NOTE: Coordination. Consultation.>>  the USAID Administrator 
shall coordinate with the Director of the Office of Personnel Management 
and consult with the appropriate congressional committees on 
implementation of this provision.

   stabilization and development in regions impacted by extremism and 
                                conflict

    Sec. 7066. (a) Prevention and Stabilization Fund.--Of the funds 
appropriated by this Act under the headings ``Economic Support Fund'', 
``International Narcotics Control and Law Enforcement'', 
``Nonproliferation, Anti-terrorism, Demining and Related

[[Page 136 STAT. 5088]]

Programs'', ``Peacekeeping Operations'', and ``Foreign Military 
Financing Program'', not less than $135,000,000 shall be made available 
for the Prevention and Stabilization Fund for the purposes enumerated in 
section 509(a) of the Global Fragility Act of 2019 (title V of division 
J of Public Law 116-94), of which $25,000,000 may be made available for 
the Multi-Donor Global Fragility Fund authorized by section 510(c) of 
such Act:  Provided, <<NOTE: Allocation.>>  That such funds shall be 
allocated as specified under this section in the explanatory statement 
described in section 4 (in the matter preceding division A of this 
consolidated Act):  Provided further, <<NOTE: Transfer authority.>>  
That funds appropriated under such headings may be transferred to, and 
merged with, funds appropriated under such headings for such purposes:  
Provided further, <<NOTE: Consultation. Notification.>>  That such 
transfer authority is in addition to any other transfer authority 
provided by this Act or any other Act, and is subject to prior 
consultation with, and the regular notification procedures of, the 
Committees on Appropriations:  Provided further, That funds made 
available pursuant to this subsection that are transferred to funds 
appropriated under the heading ``Foreign Military Financing Program'' 
may remain available until September 30, 2024.

    (b) Transitional Justice.--Of the funds appropriated by this Act 
under the headings ``Economic Support Fund'' and ``International 
Narcotics Control and Law Enforcement'', not less than $10,000,000 shall 
be made available for programs to promote accountability for genocide, 
crimes against humanity, and war crimes, which shall be in addition to 
any other funds made available by this Act for such purposes:  Provided, 
That such programs shall include components to develop local 
investigative and judicial skills, and to collect and preserve evidence 
and maintain the chain of custody of evidence, including for use in 
prosecutions, and may include the establishment of, and assistance for, 
transitional justice mechanisms:  Provided 
further, <<NOTE: Consultation.>>  That such funds shall be administered 
by the Ambassador-at-Large for the Office of Global Criminal Justice, 
Department of State, and shall be subject to prior consultation with the 
Committees on Appropriations:  Provided further, That funds made 
available by this paragraph shall be made available on an open and 
competitive basis.

    (c) Global Community Engagement and Resilience Fund.--Funds 
appropriated by this Act and prior Acts making appropriations for the 
Department of State, foreign operations, and related programs under the 
heading ``Economic Support Fund'' may be made available to the Global 
Community Engagement and Resilience Fund, including as a contribution.

                          debt-for-development

    Sec. 7067.  <<NOTE: Notification.>>  In order to enhance the 
continued participation of nongovernmental organizations in debt-for-
development and debt-for-nature exchanges, a nongovernmental 
organization which is a grantee or contractor of the United States 
Agency for International Development may place in interest bearing 
accounts local currencies which accrue to that organization as a result 
of economic assistance provided under title III of this Act and, subject 
to the regular notification procedures of the Committees on 
Appropriations, any interest earned on such investment shall be used for 
the purpose for which the assistance was provided to that organization.

[[Page 136 STAT. 5089]]

           extension of consular fees and related authorities

    Sec. <<NOTE: Applicability. 22 USC 214 note.>>  7068. (a) Section 
1(b)(1) of the Passport Act of June 4, 1920 (22 U.S.C. 214(b)(1)) shall 
be applied through fiscal year 2023 by substituting ``the costs of 
providing consular services'' for ``such costs''.

    (b) Section 21009 of the Emergency Appropriations for Coronavirus 
Health Response and Agency Operations (division B of Public Law 116-136; 
134 Stat. 592) shall be applied during fiscal year 2023 by substituting 
``2020 through 2023'' for ``2020 and 2021''.
    (c) <<NOTE: Transfer 
authorities. Determination. Reports. Consultation.>>  Discretionary 
amounts made available to the Department of State under the heading 
``Administration of Foreign Affairs'' of this Act, and discretionary 
unobligated balances under such heading from prior Acts making 
appropriations for the Department of State, foreign operations, and 
related programs, may be transferred to the Consular and Border Security 
Programs account if the Secretary of State determines and reports to the 
Committees on Appropriations that to do so is necessary to sustain 
consular operations, following consultation with such Committees:  
Provided, That such transfer authority is in addition to any transfer 
authority otherwise available in this Act and under any other provision 
of law:  Provided further, That no amounts may be transferred from 
amounts designated as an emergency requirement pursuant to a concurrent 
resolution on the budget or the Balanced Budget and Emergency Deficit 
Control Act of 1985.

    (d) In addition to the uses permitted pursuant to section 
286(v)(2)(A) of the Immigration and Nationality Act (8 U.S.C. 
1356(v)(2)(A)), for fiscal year 2023, the Secretary of State may also 
use fees deposited into the Fraud Prevention and Detection Account for 
the costs of providing consular services.
    (e) Amounts provided pursuant to subsection (b) are designated by 
the Congress as being for an emergency requirement pursuant to section 
4001(a)(1) of S. Con. Res. 14 (117th Congress), the concurrent 
resolution on the budget for fiscal year 2022, and section 1(e) of H. 
Res. 1151 (117th Congress), as engrossed in the House of Representatives 
on June 8, 2022.

        management of international transboundary water pollution

                      (including transfer of funds)

    Sec. 7069. <<NOTE: Mexico. 22 USC 277j.>>   In fiscal year 2023 and 
in each fiscal year thereafter--

     (a) <<NOTE: Contracts. Determination.>>  The Administrator of the 
Environmental Protection Agency (the ``Administrator'') may transfer 
amounts made available under the heading ``Environmental Protection 
Agency--State and Tribal Assistance Grants'' in the USMCA Supplemental 
Appropriations Act, 2019 (title IX of Public Law 116-113) to the 
International Boundary and Water Commission, United States and Mexico 
(the ``Commission''), by entering into an interagency agreement or by 
awarding a grant, to support the construction of treatment works (as 
that term is defined in section 212(2) of the Federal Water Pollution 
Control Act (33 U.S.C. 1292(2))), that will be owned or operated by the 
Commission:  Provided, That the Commission shall, in consultation with 
the Administrator and subject to the requirements of sections 513 and 
608 of the Federal Water Pollution

[[Page 136 STAT. 5090]]

Control Act (33 U.S.C. 1372 and 1388), use amounts transferred pursuant 
to this section for general, administrative, or other costs (including 
construction management) related to the planning, study, design, and 
construction, of treatment works that, as determined by the Commissioner 
of the Commission, will--
            (1) protect residents in the United States-Mexico border 
        region from water pollution resulting from--
                    (A) transboundary flows of wastewater, stormwater, 
                or other international transboundary water flows 
                originating in Mexico; and
                    (B) any inadequacies or breakdowns of treatment 
                works in Mexico; and
            (2) provide treatment of the flows and water pollution 
        described in subparagraph (A) in compliance with local, State, 
        and Federal law:  Provided, That the Commission may also use 
        amounts transferred pursuant to this section to operate and 
        maintain any new treatment work constructed, which shall be in 
        addition to any amounts otherwise available to the Commission 
        for such purposes.

    (b) <<NOTE: Contracts.>>  The Commission is authorized to enter into 
an agreement with the appropriate official or officials of the United 
States and Mexican States for the operation and maintenance by the 
Commission of any new treatment works, pursuant to subsection (a):  
Provided, That such agreement shall contain a provision relating to the 
division between the two Governments of the costs of such operation and 
maintenance, or of the works involved there as may be recommended by 
said Commission and approved by the Government of Mexico.

    (c) Nothing in this section modifies, amends, repeals, or otherwise 
limits the authority of the Commission under--
            (1) the treaty relating to the utilization of the waters of 
        the Colorado and Tijuana Rivers, and of the Rio Grande (Rio 
        Bravo) from Fort Quitman, Texas, to the Gulf of Mexico, and 
        supplementary protocol, signed at Washington February 3, 1944 
        (59 Stat. 1219), between the United States and Mexico; or
            (2) any other applicable treaty.

    (d) <<NOTE: Notification.>>  Funds transferred pursuant to 
subsection (a) shall be subject to the regular notification procedures 
of the Committees on Appropriations.

    (e) Amounts repurposed pursuant to this section that were previously 
designated by the Congress as an emergency requirement pursuant to the 
Balanced Budget and Emergency Deficit Control Act of 1985 or a 
concurrent resolution on the budget are designated as an emergency 
requirement pursuant to section 4001(a)(1) of S. Con. Res. 14 (117th 
Congress), the concurrent resolution on the budget for fiscal year 2022, 
and section 1(e) of H. Res. 1151 (117th Congress), as engrossed in the 
House of Representatives on June 8, 2022.

                            waiver authority

    Sec. 7070.  <<NOTE: President. Determination. Reports.>>  The 
President may waive section 414 of Public Law 101-246 and section 410 of 
Public Law 103-236 with respect to the United Nations Educational, 
Scientific and Cultural Organization if the President determines and 
reports in writing to the Speaker of the House of Representatives, the 
President Pro Tempore of the Senate, and the appropriate congressional

[[Page 136 STAT. 5091]]

committees that to do so would enable the United States to counter 
Chinese influence or to promote other national interests of the United 
States:  Provided, That the authority of this section shall cease to 
have effect if, after enactment of this Act, the Palestinians obtain the 
same standing as member states or full membership as a state in the 
United Nations or any specialized agency thereof outside an agreement 
negotiated between Israel and the Palestinians:  Provided 
further, <<NOTE: Termination date.>>  That the authority of this section 
shall sunset on September 30, 2025, unless extended in a subsequent Act 
of Congress.

                     organization of american states

    Sec. 7071. (a) The Secretary of State shall instruct the United 
States Permanent Representative to the Organization of American States 
(OAS) to use the voice and vote of the United States to: (1) implement 
budgetary reforms and efficiencies within the Organization; (2) 
eliminate arrears, increase other donor contributions, and impose 
penalties for successive late payment of assessments; (3) prevent 
programmatic and organizational redundancies and consolidate duplicative 
activities and functions; (4) prioritize areas in which the OAS has 
expertise, such as strengthening democracy, monitoring electoral 
processes, and protecting human rights; and (5) implement reforms within 
the Office of the Inspector General (OIG) to ensure the OIG has the 
necessary leadership, integrity, professionalism, independence, 
policies, and procedures to properly carry out its responsibilities in a 
manner that meets or exceeds best practices in the United States.
    (b) <<NOTE: Reports.>>  Prior to the obligation of funds 
appropriated by this Act and made available for an assessed contribution 
to the Organization of American States, but not later than 90 days after 
the date of enactment of this Act, the Secretary of State shall submit a 
report to the appropriate congressional committees on actions taken or 
planned to be taken pursuant to subsection (a) that are in addition to 
actions taken during the preceding fiscal year, and the results of such 
actions.

                     multilateral development banks

    Sec. 7072. (a) International Development Association Twentieth 
Replenishment.--The International Development Association Act (22 U.S.C. 
284 et seq.) is amended by adding at the end the following new section:
``SEC. <<NOTE: 22 USC 284dd.>>  32. TWENTIETH REPLENISHMENT.

    ``(a) In General.--The United States Governor of the International 
Development Association is authorized to contribute on behalf of the 
United States $3,500,000,000 to the twentieth replenishment of the 
resources of the Association, subject to obtaining the necessary 
appropriations.
    ``(b) Authorization of Appropriations.--In order to pay for the 
United States contribution provided for in subsection (a), there are 
authorized to be appropriated, without fiscal year limitation, 
$3,500,000,000 for payment by the Secretary of the Treasury.''.
    (b) Asian Development Fund Twelfth Replenishment.--The Asian 
Development Bank Act (22 U.S.C. 285 et seq.) is amended by adding at the 
end the following new section:

[[Page 136 STAT. 5092]]

``SEC. 37. <<NOTE: 22 USC 285hh.>>  TWELFTH REPLENISHMENT.

    ``(a) The United States Governor of the Bank is authorized to 
contribute, on behalf of the United States, $177,440,000 to the twelfth 
replenishment of the resources of the Fund, subject to obtaining the 
necessary appropriations.
    ``(b) In order to pay for the United States contribution provided 
for in subsection (a), there are authorized to be appropriated, without 
fiscal year limitation, $177,440,000 for payment by the Secretary of the 
Treasury.''.

                        war crimes accountability

    Sec. 7073. (a) Exception for Certain Investigations.--Section 
2004(h) of the American Servicemembers' Protection Act of 2002 (22 
U.S.C. 7423(h)) is amended--
            (1) by striking ``Agents.--No agent'' and inserting the 
        following: ``Agents.--
            ``(1) In general.--No agent''; and
            (2) by adding at the end the following new paragraph:
            ``(2) Exception.--The prohibition under paragraph (1) shall 
        not apply with respect to investigative activities that--
                    ``(A) relate solely to investigations and 
                prosecutions of foreign persons for crimes within the 
                jurisdiction of the International Criminal Court related 
                to the Situation in Ukraine; and
                    ``(B) are undertaken in concurrence with the 
                Attorney General.''.

    (b) Exception for Certain Support.--Section 2015 of the American 
Servicemembers' Protection Act of 2002 (22 U.S.C. 7433) is amended by 
striking ``Nothing'' through the end of such section and inserting the 
following:
    ``(a) <<NOTE: Saddam Hussein. Slobodan Milosovic. Osama bin 
Laden.>>  Assistance.--Nothing in this title shall prohibit the United 
States from rendering assistance to international efforts to bring to 
justice Saddam Hussein, Slobodan Milosovic, Osama bin Laden, other 
members of Al Queda, leaders of Islamic Jihad, and other foreign 
nationals accused of genocide, war crimes or crimes against humanity, or 
from rendering assistance to the International Criminal Court to assist 
with investigations and prosecutions of foreign nationals related to the 
Situation in Ukraine, including to support victims and witnesses.

    ``(b) Authority.--Assistance made available pursuant to subsection 
(a) of this section may be made available notwithstanding section 705 of 
the Foreign Relations Authorization Act, Fiscal Year 2000 and 2001 (22 
U.S.C. 7401), except that none of the funds made available pursuant to 
this subsection may be made available for the purpose of supporting 
investigations or prosecutions of U.S. servicemembers or other covered 
United States persons or covered allied persons as such terms are 
defined in section 2013 of this Act.
    ``(c) <<NOTE: Deadline.>>  Notification.--The Secretary of State 
shall notify the Committees on Appropriations, the Committee on Foreign 
Relations of the Senate, and the Committee on Foreign Affairs of the 
House of Representatives, of any amounts obligated pursuant to 
subsection (b) not later than 15 days before such obligation is made.''.

    (c) <<NOTE: 22 USC 7423 note.>>  Rule of Construction.--Nothing in 
this section may be construed to modify the existing roles or 
authorities of any Federal agency or official.

[[Page 136 STAT. 5093]]

                               rescissions

                    (including rescissions of funds)

    Sec. 7074. (a) Millennium Challenge Corporation.--Of the unobligated 
balances from amounts made available under the heading ``Millennium 
Challenge Corporation'' from prior Acts making appropriations for the 
Department of State, foreign operations, and related programs, 
$100,000,000 are rescinded.
    (b) Embassy Security, Construction, and Maintenance.--Of the 
unobligated and unexpended balances from amounts available under the 
heading ``Embassy Security, Construction, and Maintenance'' from prior 
Acts making appropriations for the Department of State, foreign 
operations, and related programs, $42,000,000 are rescinded.
    (c) Contributions for International Peacekeeping Activities.--Of the 
unobligated and unexpended balances from amounts available under the 
heading ``Contributions for International Peacekeeping Activities'' from 
prior Acts making appropriations for the Department of State, foreign 
operations, and related programs, $100,000,000 are rescinded.
    (d) Restriction.--No amounts may be rescinded from amounts that were 
previously designated by the Congress as an emergency requirement 
pursuant to a concurrent resolution on the budget or the Balanced Budget 
and Emergency Deficit Control Act of 1985.
    This division may be cited as the ``Department of State, Foreign 
Operations, and Related Programs Appropriations Act, 2023''.

DIVISION L-- <<NOTE: Transportation, Housing and Urban Development, and 
Related Agencies Appropriations Act, 2022.>> TRANSPORTATION, HOUSING AND 
URBAN DEVELOPMENT, AND RELATED AGENCIES APPROPRIATIONS ACT, 2023

    TITLE I <<NOTE: Department of Transportation Appropriations Act, 
2022.>> 

                      DEPARTMENT OF TRANSPORTATION

                         Office of the Secretary

                          salaries and expenses

    For necessary expenses of the Office of the Secretary, $171,014,000: 
 Provided, That of the sums appropriated under this heading--
            (1) $3,569,000 shall be available for the immediate Office 
        of the Secretary;
            (2) $1,277,000 shall be available for the immediate Office 
        of the Deputy Secretary;
            (3) $28,089,000 shall be available for the Office of the 
        General Counsel;
            (4) $17,469,000 shall be available for the Office of the 
        Under Secretary of Transportation for Policy, of which 
        $2,000,000 is for the Office for Multimodal Freight 
        Infrastructure and Policy;
            (5) $21,026,000 shall be available for the Office of the 
        Assistant Secretary for Budget and Programs;
            (6) $3,968,000 shall be available for the Office of the 
        Assistant Secretary for Governmental Affairs;

[[Page 136 STAT. 5094]]

            (7) $41,399,000 shall be available for the Office of the 
        Assistant Secretary for Administration;
            (8) $5,727,000 shall be available for the Office of Public 
        Affairs and Public Engagement;
            (9) $2,312,000 shall be available for the Office of the 
        Executive Secretariat;
            (10) $15,533,000 shall be available for the Office of 
        Intelligence, Security, and Emergency Response;
            (11) $29,195,000 shall be available for the Office of the 
        Chief Information Officer; and
            (12) $1,450,000 shall be available for the Office of Tribal 
        Government Affairs:

  Provided further, <<NOTE: Transfer authority.>>  That the Secretary of 
Transportation (referred to in this title as the ``Secretary'') is 
authorized to transfer funds appropriated for any office of the Office 
of the Secretary to any other office of the Office of the Secretary:  
Provided further, That no appropriation for any office shall be 
increased or decreased by more than 7 percent by all such transfers:  
Provided further, That <<NOTE: Notice. Funding approval.>>  notice of 
any change in funding greater than 7 percent shall be submitted for 
approval to the House and Senate Committees on Appropriations:  Provided 
further, <<NOTE: Allocation. Determination.>>  That not to exceed 
$70,000 shall be for allocation within the Department for official 
reception and representation expenses as the Secretary may determine:  
Provided further, That notwithstanding any other provision of law, there 
may be credited to this appropriation up to $2,500,000 in funds received 
in user fees.

                         research and technology

    For necessary expenses related to the Office of the Assistant 
Secretary for Research and Technology, $48,996,000, of which $37,542,000 
shall remain available until expended:  Provided, That of such amounts 
that are available until expended, $3,224,000 shall be for necessary 
expenses of the Advanced Research Projects Agency--Infrastructure (ARPA-
I) as authorized by section 119 of title 49, United States Code:  
Provided further, That there may be credited to this appropriation, to 
be available until expended, funds received from States, counties, 
municipalities, other public authorities, and private sources for 
expenses incurred for training:  Provided 
further, <<NOTE: Continuance. 49 USC 112 note.>>  That any reference in 
law, regulation, judicial proceedings, or elsewhere to the Research and 
Innovative Technology Administration shall continue to be deemed to be a 
reference to the Office of the Assistant Secretary for Research and 
Technology of the Department of Transportation.

                   national infrastructure investments

                      (including transfer of funds)

    For necessary expenses to carry out a local and regional project 
assistance grant program under section 6702 of title 49, United States 
Code, $800,000,000, to remain available until expended:  Provided, That 
section 6702(f)(2) of title 49, United States Code, shall not apply to 
amounts made available under this heading in this Act:  Provided 
further, That of amounts made available under this heading in this Act, 
not less than $20,000,000 shall be awarded to projects in historically 
disadvantaged communities or areas of persistent poverty as defined 
under section 6702(a)(1)

[[Page 136 STAT. 5095]]

of title 49, United States Code:  Provided further, That section 6702(g) 
of title 49, United States Code, shall not apply to amounts made 
available under this heading in this Act:  Provided further, That of the 
amounts made available under this heading in this Act not less than 5 
percent shall be made available for the planning, preparation, or design 
of eligible projects:  Provided further, <<NOTE: Grants.>>  That grants 
awarded under this heading in this Act for eligible projects for 
planning, preparation, or design shall not be subject to a minimum grant 
size:  Provided further, <<NOTE: Distribution.>>  That in distributing 
amounts made available under this heading in this Act, the Secretary 
shall take such measures so as to ensure an equitable geographic 
distribution of funds, an appropriate balance in addressing the needs of 
urban and rural areas, including Tribal areas, and the investment in a 
variety of transportation modes:  Provided further, That section 
6702(c)(2)(C) of title 49, United States Code, shall not apply to 
amounts made available under this heading in this Act:  Provided 
further, That a grant award under this heading in this Act shall be not 
greater than $45,000,000:  Provided further, That section 6702(c)(3) of 
title 49, United States Code, shall not apply to amounts made available 
under this heading in this Act:  Provided further, That not more than 15 
percent of the amounts made available under this heading in this Act may 
be awarded to projects in a single State:  Provided further, That for 
amounts made available under this heading in this Act, the Secretary 
shall give priority to projects that require a contribution of Federal 
funds in order to complete an overall financing package:  Provided 
further, That section 6702(f)(1) of title 49, United States Code, shall 
not apply to amounts made available under this heading in this Act:  
Provided further, <<NOTE: Allocations. Urban and rural areas.>>  That of 
the amounts awarded under this heading in this Act, not more than 50 
percent shall be allocated for eligible projects located in rural areas 
and not more than 50 percent shall be allocated for eligible projects 
located in urbanized areas:  Provided 
further, <<NOTE: Determination. Urban and rural areas.>>  That for the 
purpose of determining if an award for planning, preparation, or design 
under this heading in this Act is an urban award, the project location 
is the location of the project being planned, prepared, or designed:  
Provided further, That the Secretary may retain up to 2 percent of the 
amounts made available under this heading in this Act, and may transfer 
portions of such amounts to the Administrators of the Federal Aviation 
Administration, the Federal Highway Administration, the Federal Transit 
Administration, the Federal Railroad Administration and the Maritime 
Administration to fund the award and oversight of grants and credit 
assistance made under the program authorized under section 6702 of title 
49, United States Code:  Provided further, That for amounts made 
available under this heading in this Act, the Secretary shall consider 
and award projects based solely on the selection criteria as identified 
under section 6702(d)(3) and (d)(4) of title 49, United States Code.

                     thriving communities initiative

                      (including transfer of funds)

    For necessary expenses for a thriving communities program, 
$25,000,000, to remain available until September 30, 2025:  
Provided, <<NOTE: Contracts.>>  That the Secretary of Transportation 
shall make such

[[Page 136 STAT. 5096]]

amounts available for technical assistance and cooperative agreements to 
develop and implement technical assistance, planning, and capacity 
building to improve and foster thriving communities through 
transportation improvements:  Provided further, <<NOTE: Contracts.>>  
That the Secretary may enter into cooperative agreements with 
philanthropic entities, non-profit organizations, other Federal 
agencies, State or local governments and their agencies, Indian Tribes, 
or other technical assistance providers, to provide such technical 
assistance, planning, and capacity building to State, local, or Tribal 
governments, United States territories, metropolitan planning 
organizations, transit agencies, or other political subdivisions of 
State or local governments:  Provided further, <<NOTE: Contracts.>>  
That to be eligible for a cooperative agreement under this heading, a 
recipient shall provide assistance to entities described in the 
preceding proviso on engaging in public planning processes with 
residents, local businesses, non-profit organizations, and to the extent 
practicable, philanthropic organizations, educational institutions, or 
other community stakeholders:  Provided further, <<NOTE: Contracts.>>  
That such cooperative agreements shall facilitate the planning and 
development of transportation and community revitalization activities 
supported by the Department of Transportation under titles 23, 46, and 
49, United States Code, that increase mobility, reduce pollution from 
transportation sources, expand affordable transportation options, 
facilitate efficient land use, preserve or expand jobs, improve housing 
conditions, enhance connections to health care, education, and food 
security, or improve health outcomes:  Provided further, That the 
Secretary may prioritize assistance provided with amounts made available 
under this heading to communities that have disproportionate rates of 
pollution and poor air quality, communities experiencing 
disproportionate effects (as defined by Executive Order No. 12898), 
areas of persistent poverty as defined in section 6702(a)(1) of title 
49, United States Code, or historically disadvantaged communities:  
Provided further, That the preceding proviso shall not prevent the 
Secretary from providing assistance with amounts made available under 
this heading to entities described in the second proviso under this 
heading that request assistance through the thriving communities 
program:  Provided further, That planning and technical assistance made 
available under this heading may include pre-application assistance for 
capital projects eligible under titles 23, 46, and 49, United States 
Code:  Provided further, That the Secretary may retain amounts made 
available under this heading for the necessary administrative expenses 
of (1) developing and disseminating best practices, modeling, and cost-
benefit analysis methodologies to assist entities described in the 
second proviso under this heading with applications for financial 
assistance programs under titles 23, 46, and 49, United States Code, and 
(2) award, administration, and oversight of cooperative agreements to 
carry out the provisions under this heading:  Provided further, That 
such amounts and payments as may be necessary to carry out the thriving 
communities program may be transferred to appropriate accounts of other 
operating administrations within the Department of Transportation:  
Provided further, <<NOTE: Notifications. Deadline.>>  That the Secretary 
shall notify the House and Senate Committees on Appropriations not later 
than 3 business days prior to a transfer carried out under the preceding 
proviso.

[[Page 136 STAT. 5097]]

      national surface transportation and innovative finance bureau

    For necessary expenses of the National Surface Transportation and 
Innovative Finance Bureau as authorized by 49 U.S.C. 116, $8,850,000, to 
remain available until expended:  Provided, <<NOTE: Fees.>>  That the 
Secretary may collect and spend fees, as authorized by title 23, United 
States Code, to cover the costs of services of expert firms, including 
counsel, in the field of municipal and project finance to assist in the 
underwriting and servicing of Federal credit instruments and all or a 
portion of the costs to the Federal Government of servicing such credit 
instruments:  Provided further, That such fees are available until 
expended to pay for such costs:  Provided further, That such amounts are 
in addition to other amounts made available for such purposes and are 
not subject to any obligation limitation or the limitation on 
administrative expenses under section 608 of title 23, United States 
Code.

        railroad rehabilitation and improvement financing program

    The <<NOTE: Loans.>>  Secretary is authorized to issue direct loans 
and loan guarantees pursuant to chapter 224 of title 49, United States 
Code, and such authority shall exist as long as any such direct loan or 
loan guarantee is outstanding.

                      financial management capital

    For necessary expenses for upgrading and enhancing the Department of 
Transportation's financial systems and re-engineering business 
processes, $5,000,000, to remain available through September 30, 2024.

                       cyber security initiatives

    For necessary expenses for cyber security initiatives, including 
necessary upgrades to network and information technology infrastructure, 
improvement of identity management and authentication capabilities, 
securing and protecting data, implementation of Federal cyber security 
initiatives, and implementation of enhanced security controls on agency 
computers and mobile devices, $48,100,000, to remain available until 
September 30, 2024.

                         office of civil rights

    For necessary expenses of the Office of Civil Rights, $14,800,000.

           transportation planning, research, and development

                      (including transfer of funds)

    For necessary expenses for conducting transportation planning, 
research, systems development, development activities, and making 
grants, $36,543,000, to remain available until expended:  Provided, That 
of such amount, $5,436,000 shall be for necessary expenses of the 
Interagency Infrastructure Permitting Improvement Center (IIPIC):  
Provided further, That there may be transferred to this appropriation, 
to remain available until expended, amounts transferred from other 
Federal agencies for expenses incurred under

[[Page 136 STAT. 5098]]

this heading for IIPIC activities not related to transportation 
infrastructure:  Provided further, That the tools and analysis developed 
by the IIPIC shall be available to other Federal agencies for the 
permitting and review of major infrastructure projects not related to 
transportation only to the extent that other Federal agencies provide 
funding to the Department in accordance with the preceding proviso:  
Provided further, That of the amounts made available under this heading, 
$12,914,000 shall be made available for the purposes, and in amounts, 
specified for Community Project Funding/Congressionally Directed 
Spending in the table entitled ``Community Project Funding/
Congressionally Directed Spending'' included in the explanatory 
statement described in section 4 (in the matter preceding division A of 
this consolidated Act).

                          working capital fund

                      (including transfer of funds)

    For necessary expenses for operating costs and capital outlays of 
the Working Capital Fund, not to exceed $505,285,000, shall be paid from 
appropriations made available to the Department of Transportation:  
Provided, That such services shall be provided on a competitive basis to 
entities within the Department of Transportation:  Provided further, 
That the limitation in the preceding proviso on operating expenses shall 
not apply to entities external to the Department of Transportation or 
for funds provided in Public Law 117-58:  Provided further, That no 
funds made available by this Act to an agency of the Department shall be 
transferred to the Working Capital Fund without majority approval of the 
Working Capital Fund Steering Committee and approval of the Secretary:  
Provided further, <<NOTE: Assessments. Notifications. Approvals.>>  That 
no assessments may be levied against any program, budget activity, 
subactivity, or project funded by this Act unless notice of such 
assessments and the basis therefor are presented to the House and Senate 
Committees on Appropriations and are approved by such Committees.

        small and disadvantaged business utilization and outreach

    For necessary expenses for small and disadvantaged business 
utilization and outreach activities, $5,132,000, to remain available 
until September 30, 2024:  Provided, That notwithstanding section 332 of 
title 49, United States Code, such amounts may be used for business 
opportunities related to any mode of transportation:  Provided further, 
That appropriations made available under this heading shall be available 
for any purpose consistent with prior year appropriations that were made 
available under the heading ``Office of the Secretary--Minority Business 
Resource Center Program''.

                        payments to air carriers

                     (airport and airway trust fund)

    In addition to funds made available from any other source to carry 
out the essential air service program under sections 41731 through 41742 
of title 49, United States Code, $354,827,000, to be derived from the 
Airport and Airway Trust Fund, to remain available until expended:  
Provided, <<NOTE: Determination.>>  That in determining between

[[Page 136 STAT. 5099]]

or among carriers competing to provide service to a community, the 
Secretary may consider the relative subsidy requirements of the 
carriers:  Provided further, That basic essential air service minimum 
requirements shall not include the 15-passenger capacity requirement 
under section 41732(b)(3) of title 49, United States Code:  Provided 
further, That amounts authorized to be distributed for the essential air 
service program under section 41742(b) of title 49, United States Code, 
shall be made available immediately from amounts otherwise provided to 
the Administrator of the Federal Aviation Administration:  Provided 
further, <<NOTE: Reimbursements.>>  That the Administrator may reimburse 
such amounts from fees credited to the account established under section 
45303 of title 49, United States Code:  Provided further, That, 
notwithstanding section 41733 of title 49, United States Code, for 
fiscal year 2023, the requirements established under subparagraphs (B) 
and (C) of section 41731(a)(1) of title 49, United States Code, and the 
subsidy cap established by section 332 of the Department of 
Transportation and Related Agencies Appropriations Act, 2000, shall not 
apply to maintain eligibility under section 41731 of title 49, United 
States Code.

  administrative provisions--office of the secretary of transportation

              (including rescission and transfer of funds)

    Sec. 101.  <<NOTE: Assessments. Contracts.>>  None of the funds made 
available by this Act to the Department of Transportation may be 
obligated for the Office of the Secretary of Transportation to approve 
assessments or reimbursable agreements pertaining to funds appropriated 
to the operating administrations in this Act, except for activities 
underway on the date of enactment of this Act, unless such assessments 
or agreements have completed the normal reprogramming process for 
congressional notification.

    Sec. 102.  <<NOTE: Web posting. Public 
information. Requirement. Records.>>  The Secretary shall post on the 
web site of the Department of Transportation a schedule of all meetings 
of the Council on Credit and Finance, including the agenda for each 
meeting, and require the Council on Credit and Finance to record the 
decisions and actions of each meeting.

    Sec. 103.  <<NOTE: Reimbursements. Transit benefits.>>  In addition 
to authority provided by section 327 of title 49, United States Code, 
the Department's Working Capital Fund is authorized to provide partial 
or full payments in advance and accept subsequent reimbursements from 
all Federal agencies from available funds for transit benefit 
distribution services that are necessary to carry out the Federal 
transit pass transportation fringe benefit program under Executive Order 
No. 13150 and section 3049 of SAFETEA-LU (5 U.S.C. 7905 note):  
Provided, That the Department shall maintain a reasonable operating 
reserve in the Working Capital Fund, to be expended in advance to 
provide uninterrupted transit benefits to Government employees:  
Provided further, <<NOTE: Time period.>>  That such reserve shall not 
exceed 1 month of benefits payable and may be used only for the purpose 
of providing for the continuation of transit benefits:  Provided 
further, <<NOTE: Reimbursement.>>  That the Working Capital Fund shall 
be fully reimbursed by each customer agency from available funds for the 
actual cost of the transit benefit.

    Sec. 104.  Receipts collected in the Department's Working Capital 
Fund, as authorized by section 327 of title 49, United States Code, for 
unused transit and van pool benefits, in an amount

[[Page 136 STAT. 5100]]

not to exceed 10 percent of fiscal year 2023 collections, shall be 
available until expended in the Department's Working Capital Fund to 
provide contractual services in support of section 189 of this Act:  
Provided, That obligations in fiscal year 2023 of such collections shall 
not exceed $1,000,000.
    Sec. 105. <<NOTE: Retention bonuses. Advance approval.>>   None of 
the funds in this title may be obligated or expended for retention or 
senior executive bonuses for an employee of the Department of 
Transportation without the prior written approval of the Assistant 
Secretary for Administration.

    Sec. 106.  In addition to authority provided by section 327 of title 
49, United States Code, the Department's Administrative Working Capital 
Fund is hereby authorized to transfer information technology equipment, 
software, and systems from Departmental sources or other entities and 
collect and maintain a reserve at rates which will return full cost of 
transferred assets.
    Sec. 107.  <<NOTE: Deadline. Notification.>>  None of the funds 
provided in this Act to the Department of Transportation may be used to 
provide credit assistance unless not less than 3 days before any 
application approval to provide credit assistance under sections 603 and 
604 of title 23, United States Code, the Secretary provides notification 
in writing to the following committees: the House and Senate Committees 
on Appropriations; the Committee on Environment and Public Works and the 
Committee on Banking, Housing and Urban Affairs of the Senate; and the 
Committee on Transportation and Infrastructure of the House of 
Representatives:  Provided, That such notification shall include, but 
not be limited to, the name of the project sponsor; a description of the 
project; whether credit assistance will be provided as a direct loan, 
loan guarantee, or line of credit; and the amount of credit assistance.

    Sec. 108.  For an additional amount for necessary expenses of the 
Volpe National Transportation Systems Center, as authorized in section 
328 of title 49, United States Code, $4,500,000, to remain available 
until expended.
    Sec. 109. (a) The remaining unobligated balances, as of September 
30, 2023, from amounts made available in section 157(a) of the 
Continuing Appropriations Act, 2023 (division A of Public Law 117-180) 
are hereby permanently rescinded, and an amount of additional new budget 
authority equivalent to the amount rescinded is hereby appropriated on 
September 30, 2023, to remain available until September 30, 2024, and 
shall be available, without additional competition, for completing the 
funding of awards made pursuant to the fiscal year 2020 national 
infrastructure investments program, in addition to other funds as may be 
available for such purposes.
    (b) The remaining unobligated balances, as of September 30, 2023, 
from amounts made available in section 157(b) of the Continuing 
Appropriations Act, 2023 (division A of Public Law 117-180) are hereby 
permanently rescinded, and an amount of additional new budget authority 
equivalent to the amount rescinded is hereby appropriated on September 
30, 2023, to remain available until September 30, 2024, and shall be 
available, without additional competition, for completing the funding of 
awards made pursuant to the fiscal year 2019 national infrastructure 
investments program, in addition to other funds as may be available for 
such purposes.
    Sec. 109A. (a) Amounts made available to the Secretary of 
Transportation or the Department of Transportation's operating 
administrations in this Act or in Public Law 117-103 for the costs

[[Page 136 STAT. 5101]]

of award, administration, or oversight of financial assistance under the 
programs identified in subsection (c) may be transferred to the account 
identified in section 801 of division J of Public Law 117-58, to remain 
available until expended, for the necessary expenses of award, 
administration, or oversight of any financial assistance programs in the 
Department of Transportation.
    (b) Amounts transferred under the authority in this section are 
available in addition to amounts otherwise available for such purpose.
    (c) The program from which funds made available under this Act or in 
Public Law 117-103 may be transferred under subsection (a) is the local 
and regional project assistance program under section 6702 of title 49, 
United States Code.
    Sec. 109B.  Of the amounts made available under the heading 
``National Infrastructure Investments'', not less than $1,000,000 and 
not greater than $25,000,000 shall be available to complete port 
infrastructure projects that received awards from the national 
infrastructure investments program under title I of division G of the 
Consolidated Appropriations Act, 2019 (Public Law 116-6) or rail 
infrastructure projects that received awards from the national 
infrastructure investments program under title I of division L of the 
Consolidated Appropriations Act, 2018 (Public Law 115-141):  Provided, 
That an award funded under this section may allow the total award to a 
recipient to be greater than $25,000,000:  Provided 
further, <<NOTE: Determination.>>  That sponsors of projects eligible 
for funds made available under this section shall provide sufficient 
written justification describing, at a minimum, the current project cost 
estimate, why the project cannot be completed with the obligated grant 
amount, and any other relevant information, as determined by the 
Secretary:  Provided further, That the allocation under the preceding 
proviso will be for the amounts necessary to cover increases to eligible 
project costs since the grant was obligated, based on the information 
provided:  Provided further, That section 200.204 of title 2, Code of 
Federal Regulations, shall not apply to amounts made available under 
this section:  Provided further, That the amounts made available under 
this section shall not be part of the Federal share of total project 
costs and shall be up to 100 percent:  Provided further, That section 
6702(c)(3) of title 49, United States Code, shall not apply to amounts 
made available under this section:  Provided further, That section 
6702(f) of title 49, United States Code, shall not apply to amounts made 
available under this section:  Provided 
further, <<NOTE: Determination.>>  That of amounts made available under 
this section, the Secretary may award to rail infrastructure projects 
only amounts that the Secretary determines are not needed to complete 
port infrastructure projects.

                     Federal Aviation Administration

                               operations

                     (airport and airway trust fund)

    For necessary expenses of the Federal Aviation Administration, not 
otherwise provided for, including operations and research activities 
related to commercial space transportation, administrative expenses for 
research and development, establishment of air navigation facilities, 
the operation (including leasing) and maintenance

[[Page 136 STAT. 5102]]

of aircraft, subsidizing the cost of aeronautical charts and maps sold 
to the public, the lease or purchase of passenger motor vehicles for 
replacement only, $11,915,000,000, to remain available until September 
30, 2024, of which $9,993,821,000 to be derived from the Airport and 
Airway Trust Fund:  Provided, That of the amounts made available under 
this heading--
            (1) not less than $1,630,794,000 shall be available for 
        aviation safety activities;
            (2) $8,812,537,000 shall be available for air traffic 
        organization activities;
            (3) $37,854,000 shall be available for commercial space 
        transportation activities;
            (4) $918,049,000 shall be available for finance and 
        management activities;
            (5) $65,581,000 shall be available for NextGen and 
        operations planning activities;
            (6) $152,509,000 shall be available for security and 
        hazardous materials safety activities; and
            (7) $297,676,000 shall be available for staff offices:

  Provided further, <<NOTE: Transfer authority.>>  That not to exceed 5 
percent of any budget activity, except for aviation safety budget 
activity, may be transferred to any budget activity under this heading:  
Provided further, That no transfer may increase or decrease any 
appropriation under this heading by more than 5 percent:  Provided 
further, That any transfer in excess of 5 percent shall be treated as a 
reprogramming of funds under section 405 of this Act and shall not be 
available for obligation or expenditure except in compliance with the 
procedures set forth in that section:  Provided 
further, <<NOTE: Reports. 49 USC 44506 note.>>  That not later than 60 
days after the submission of the budget request, the Administrator of 
the Federal Aviation Administration shall transmit to Congress an annual 
update to the report submitted to Congress in December 2004 pursuant to 
section 221 of the Vision 100-Century of Aviation Reauthorization Act 
(49 U.S.C. 40101 note):  Provided 
further, <<NOTE: Reports. Reduction.>>  That the amounts made available 
under this heading shall be reduced by $100,000 for each day after 60 
days after the submission of the budget request that such report has not 
been transmitted to Congress:  Provided 
further, <<NOTE: Reports. Estimates. 49 USC 44502 note.>>  That not 
later than 60 days after the submission of the budget request, the 
Administrator shall transmit to Congress a companion report that 
describes a comprehensive strategy for staffing, hiring, and training 
flight standards and aircraft certification staff in a format similar to 
the one utilized for the controller staffing plan, including stated 
attrition estimates and numerical hiring goals by fiscal year:  Provided 
further, <<NOTE: Reduction.>>  That the amounts made available under 
this heading shall be reduced by $100,000 for each day after the date 
that is 60 days after the submission of the budget request that such 
report has not been submitted to Congress:  Provided 
further, <<NOTE: Grants. Contracts. Nonprofits. Aviation safety.>>  That 
funds may be used to enter into a grant agreement with a nonprofit 
standard-setting organization to assist in the development of aviation 
safety standards:  Provided further, That none of the funds made 
available by this Act shall be available for new applicants for the 
second career training program:  Provided 
further, <<NOTE: Regulations.>>  That none of the funds made available 
by this Act shall be available for the Federal Aviation Administration 
to finalize or implement any regulation that would promulgate new 
aviation user fees not specifically authorized by law after the date of 
the enactment of this Act:  Provided further, That there may be credited 
to this

[[Page 136 STAT. 5103]]

appropriation, as offsetting collections, funds received from States, 
counties, municipalities, foreign authorities, other public authorities, 
and private sources for expenses incurred in the provision of agency 
services, including receipts for the maintenance and operation of air 
navigation facilities, and for issuance, renewal or modification of 
certificates, including airman, aircraft, and repair station 
certificates, or for tests related thereto, or for processing major 
repair or alteration forms:  Provided further, That of the amounts made 
available under this heading, not less than $187,800,000 shall be used 
to fund direct operations of the current air traffic control towers in 
the contract tower program, including the contract tower cost share 
program, and any airport that is currently qualified or that will 
qualify for the program during the fiscal year:  Provided further, That 
none of the funds made available by this Act for aeronautical charting 
and cartography are available for activities conducted by, or 
coordinated through, the Working Capital Fund:  Provided further, That 
none of the funds appropriated or otherwise made available by this Act 
or any other Act may be used to eliminate the Contract Weather Observers 
program at any airport.

                        facilities and equipment

                     (airport and airway trust fund)

    For necessary expenses, not otherwise provided for, for acquisition, 
establishment, technical support services, improvement by contract or 
purchase, and hire of national airspace systems and experimental 
facilities and equipment, as authorized under part A of subtitle VII of 
title 49, United States Code, including initial acquisition of necessary 
sites by lease or grant; engineering and service testing, including 
construction of test facilities and acquisition of necessary sites by 
lease or grant; construction and furnishing of quarters and related 
accommodations for officers and employees of the Federal Aviation 
Administration stationed at remote localities where such accommodations 
are not available; and the purchase, lease, or transfer of aircraft from 
funds made available under this heading, including aircraft for aviation 
regulation and certification; to be derived from the Airport and Airway 
Trust Fund, $2,945,000,000, of which $570,000,000 is for personnel and 
related expenses and shall remain available until September 30, 2024, 
$2,221,200,000 shall remain available until September 30, 2025, and 
$153,800,000 is for terminal facilities and shall remain available until 
September 30, 2027:  Provided, That there may be credited to this 
appropriation funds received from States, counties, municipalities, 
other public authorities, and private sources, for expenses incurred in 
the establishment, improvement, and modernization of national airspace 
systems:  Provided further, <<NOTE: Deadline. Investment plan. Time 
period.>>  That not later than 60 days after submission of the budget 
request, the Secretary of Transportation shall transmit to the Congress 
an investment plan for the Federal Aviation Administration which 
includes funding for each budget line item for fiscal years 2024 through 
2028, with total funding for each year of the plan constrained to the 
funding targets for those years as estimated and approved by the Office 
of Management and Budget:  Provided further, <<NOTE: Applicability.>>  
That section 405 of this Act shall apply to amounts made available under 
this heading in title VIII of the Infrastructure Investments and Jobs 
Appropriations Act (division J of Public Law 117-58):  Provided

[[Page 136 STAT. 5104]]

further, That the amounts in the table entitled ``Allocation of Funds 
for FAA Facilities and Equipment from the Infrastructure Investment and 
Jobs Act--Fiscal Year 2023'' in the explanatory statement described in 
section 4 (in the matter preceding division A of this consolidated Act) 
shall be the baseline for application of reprogramming and transfer 
authorities for the current fiscal year pursuant to paragraph (7) of 
such section 405 for amounts referred to in the preceding proviso:  
Provided further, <<NOTE: Advance approval. Transfer authority.>>  That, 
notwithstanding paragraphs (5) and (6) of such section 405, unless prior 
approval is received from the House and Senate Committees on 
Appropriations, not to exceed 10 percent of any funding level specified 
for projects and activities in the table referred to in the preceding 
proviso may be transferred to any other funding level specified for 
projects and activities in such table and no transfer of such funding 
levels may increase or decrease any funding level in such table by more 
than 10 percent:  Provided further, That of the amounts made available 
under this heading for terminal facilities, $45,000,000 shall be made 
available for the purposes, and in amounts, specified for Community 
Project Funding/Congressionally Directed Spending in the table entitled 
``Community Project Funding/Congressionally Directed Spending'' included 
in the explanatory statement described in section 4 (in the matter 
preceding division A of this consolidated Act).

                 research, engineering, and development

                     (airport and airway trust fund)

    For necessary expenses, not otherwise provided for, for research, 
engineering, and development, as authorized under part A of subtitle VII 
of title 49, United States Code, including construction of experimental 
facilities and acquisition of necessary sites by lease or grant, 
$255,000,000, to be derived from the Airport and Airway Trust Fund and 
to remain available until September 30, 2025:  Provided, That there may 
be credited to this appropriation as offsetting collections, funds 
received from States, counties, municipalities, other public 
authorities, and private sources, which shall be available for expenses 
incurred for research, engineering, and development:  Provided further, 
That amounts made available under this heading shall be used in 
accordance with the explanatory statement described in section 4 (in the 
matter preceding division A of this consolidated Act):  Provided 
further, <<NOTE: Transfer authority.>>  That not to exceed 10 percent of 
any funding level specified under this heading in the explanatory 
statement described in section 4 (in the matter preceding division A of 
this consolidated Act) may be transferred to any other funding level 
specified under this heading in the explanatory statement described in 
section 4 (in the matter preceding division A of this consolidated Act): 
 Provided further, That no transfer may increase or decrease any funding 
level by more than 10 percent:  Provided further, That any transfer in 
excess of 10 percent shall be treated as a reprogramming of funds under 
section 405 of this Act and shall not be available for obligation or 
expenditure except in compliance with the procedures set forth in that 
section.

[[Page 136 STAT. 5105]]

                       grants-in-aid for airports

                 (liquidation of contract authorization)

                       (limitation on obligations)

                     (airport and airway trust fund)

                      (including transfer of funds)

    For liquidation of obligations incurred for grants-in-aid for 
airport planning and development, and noise compatibility planning and 
programs as authorized under subchapter I of chapter 471 and subchapter 
I of chapter 475 of title 49, United States Code, and under other law 
authorizing such obligations; for procurement, installation, and 
commissioning of runway incursion prevention devices and systems at 
airports of such title; for grants authorized under section 41743 of 
title 49, United States Code; and for inspection activities and 
administration of airport safety programs, including those related to 
airport operating certificates under section 44706 of title 49, United 
States Code, $3,350,000,000, to be derived from the Airport and Airway 
Trust Fund and to remain available until expended:  Provided, That none 
of the amounts made available under this heading shall be available for 
the planning or execution of programs the obligations for which are in 
excess of $3,350,000,000, in fiscal year 2023, notwithstanding section 
47117(g) of title 49, United States Code:  Provided further, That none 
of the amounts made available under this heading shall be available for 
the replacement of baggage conveyor systems, reconfiguration of terminal 
baggage areas, or other airport improvements that are necessary to 
install bulk explosive detection systems:  Provided further, That 
notwithstanding section 47109(a) of title 49, United States Code, the 
Government's share of allowable project costs under paragraph (2) of 
such section for subgrants or paragraph (3) of such section shall be 95 
percent for a project at other than a large or medium hub airport that 
is a successive phase of a multi-phased construction project for which 
the project sponsor received a grant in fiscal year 2011 for the 
construction project:  Provided further, That notwithstanding any other 
provision of law, of amounts limited under this heading, not less than 
$137,372,000 shall be available for administration, $15,000,000 shall be 
available for the Airport Cooperative Research Program, $40,828,000 
shall be available for Airport Technology Research, and $10,000,000, to 
remain available until expended, shall be available and transferred to 
``Office of the Secretary, Salaries and Expenses'' to carry out the 
Small Community Air Service Development Program:  Provided 
further, <<NOTE: Request for proposals.>>  That in addition to airports 
eligible under section 41743 of title 49, United States Code, such 
program may include the participation of an airport that serves a 
community or consortium that is not larger than a small hub airport, 
according to FAA hub classifications effective at the time the Office of 
the Secretary issues a request for proposals.

                       grants-in-aid for airports

    For an additional amount for ``Grants-In-Aid for Airports'', to 
enable the Secretary of Transportation to make grants for projects as 
authorized by subchapter 1 of chapter 471 and subchapter 1

[[Page 136 STAT. 5106]]

of chapter 475 of title 49, United States Code, $558,555,000, to remain 
available through September 30, 2025:  Provided, That amounts made 
available under this heading shall be derived from the general fund, and 
such funds shall not be subject to apportionment formulas, special 
apportionment categories, or minimum percentages under chapter 471 of 
title 49, United States Code:  Provided further, That of the sums 
appropriated under this heading--
            (1) $283,555,000 shall be made available for the purposes, 
        and in amounts, specified for Community Project Funding/
        Congressionally Directed Spending in the table entitled 
        ``Community Project Funding/Congressionally Directed Spending'' 
        included in the explanatory statement described in section 4 (in 
        the matter preceding division A of this consolidated Act); and
            (2) up to $275,000,000 shall be made available to the 
        Secretary to distribute as discretionary grants to airports, of 
        which not less than $25,000,000 shall be made available to any 
        commercial service airport, notwithstanding the requirement for 
        the airport to be located in an air quality nonattainment or 
        maintenance area in section 47102(3)(K) and 47102(3)(L) of title 
        49, United States Code, for work necessary to construct or 
        modify airport facilities to provide low-emission fuel systems, 
        gate electrification, other related air quality improvements, 
        acquisition of airport-owned vehicles or ground support 
        equipment with low-emission technology:

  Provided further, <<NOTE: Determination.>> That the Secretary may make 
discretionary grants to primary airports for airport-owned 
infrastructure required for the on-airport distribution, blending, or 
storage of sustainable aviation fuels that achieve at least a 50 percent 
reduction in lifecycle greenhouse gas emissions, using a methodology 
determined by the Secretary, including, but not limited to, on-airport 
construction or expansion of pipelines, rail lines and spurs, loading 
and off-loading facilities, blending facilities, and storage tanks:  
Provided further, That the Secretary may make discretionary grants for 
airport development improvements of primary runways, taxiways, and 
aprons necessary at a nonhub, small hub, medium hub, or large hub 
airport to increase operational resilience for the purpose of resuming 
commercial service flight operations following an earthquake, flooding, 
high water, hurricane, storm surge, tidal wave, tornado, tsunami, wind 
driven water, or winter storms:  Provided further, That the amounts made 
available under this heading shall not be subject to any limitation on 
obligations for the Grants-in-Aid for Airports program set forth in any 
Act:  Provided further, That the Administrator of the Federal Aviation 
Administration may retain up to 0.5 percent of the amounts made 
available under this heading to fund the award and oversight by the 
Administrator of grants made under this heading.

       administrative provisions--federal aviation administration

    Sec. 110.  None of the funds made available by this Act may be used 
to compensate in excess of 600 technical staff-years under the federally 
funded research and development center contract between the Federal 
Aviation Administration and the Center for Advanced Aviation Systems 
Development during fiscal year 2023.

[[Page 136 STAT. 5107]]

    Sec. 111.  None of the funds made available by this Act shall be 
used to pursue or adopt guidelines or regulations requiring airport 
sponsors to provide to the Federal Aviation Administration without cost 
building construction, maintenance, utilities and expenses, or space in 
airport sponsor-owned buildings for services relating to air traffic 
control, air navigation, or weather reporting:  Provided, That the 
prohibition on the use of funds in this section does not apply to 
negotiations between the agency and airport sponsors to achieve 
agreement on ``below-market'' rates for these items or to grant 
assurances that require airport sponsors to provide land without cost to 
the Federal Aviation Administration for air traffic control facilities.
    Sec. 112.  <<NOTE: Reimbursement.>>  The Administrator of the 
Federal Aviation Administration may reimburse amounts made available to 
satisfy section 41742(a)(1) of title 49, United States Code, from fees 
credited under section 45303 of title 49, United States Code, and any 
amount remaining in such account at the close of any fiscal year may be 
made available to satisfy section 41742(a)(1) of title 49, United States 
Code, for the subsequent fiscal year.

    Sec. 113.  Amounts collected under section 40113(e) of title 49, 
United States Code, shall be credited to the appropriation current at 
the time of collection, to be merged with and available for the same 
purposes as such appropriation.
    Sec. 114.  None of the funds made available by this Act shall be 
available for paying premium pay under section 5546(a) of title 5, 
United States Code, to any Federal Aviation Administration employee 
unless such employee actually performed work during the time 
corresponding to such premium pay.
    Sec. 115.  None of the funds made available by this Act may be 
obligated or expended for an employee of the Federal Aviation 
Administration to purchase a store gift card or gift certificate through 
use of a Government-issued credit card.
    Sec. 116.  Notwithstanding any other provision of law, none of the 
funds made available under this Act or any prior Act may be used to 
implement or to continue to implement any limitation on the ability of 
any owner or operator of a private aircraft to obtain, upon a request to 
the Administrator of the Federal Aviation Administration, a blocking of 
that owner's or operator's aircraft registration number, Mode S 
transponder code, flight identification, call sign, or similar 
identifying information from any ground based display to the public that 
would allow the real-time or near real-time flight tracking of that 
aircraft's movements, except data made available to a Government agency, 
for the noncommercial flights of that owner or operator.
    Sec. 117.  None of the funds made available by this Act shall be 
available for salaries and expenses of more than nine political and 
Presidential appointees in the Federal Aviation Administration.
    Sec. 118.  <<NOTE: Fees. Reports.>>  None of the funds made 
available by this Act may be used to increase fees pursuant to section 
44721 of title 49, United States Code, until the Federal Aviation 
Administration provides to the House and Senate Committees on 
Appropriations a report that justifies all fees related to aeronautical 
navigation products and explains how such fees are consistent with 
Executive Order No. 13642.

    Sec. 119.  <<NOTE: Advance notice.>>  None of the funds made 
available by this Act may be used to close a regional operations center 
of the Federal Aviation

[[Page 136 STAT. 5108]]

Administration or reduce its services unless the Administrator notifies 
the House and Senate Committees on Appropriations not less than 90 full 
business days in advance.

    Sec. 119A.  <<NOTE: New Jersey.>>  None of the funds made available 
by or limited by this Act may be used to change weight restrictions or 
prior permission rules at Teterboro airport in Teterboro, New Jersey.

    Sec. 119B.  <<NOTE: Determination.>>  None of the funds made 
available by this Act may be used by the Administrator of the Federal 
Aviation Administration to withhold from consideration and approval any 
new application for participation in the Contract Tower Program, or for 
reevaluation of Cost-share Program participants so long as the Federal 
Aviation Administration has received an application from the airport, 
and so long as the Administrator determines such tower is eligible using 
the factors set forth in Federal Aviation Administration published 
establishment criteria.

    Sec. 119C.  <<NOTE: Reprogramming request.>>  None of the funds made 
available by this Act may be used to open, close, redesignate as a 
lesser office, or reorganize a regional office, the aeronautical center, 
or the technical center unless the Administrator submits a request for 
the reprogramming of funds under section 405 of this Act.

    Sec. 119D.  <<NOTE: Reimbursement.>>  The Federal Aviation 
Administration Administrative Services Franchise Fund may be reimbursed 
after performance or paid in advance from funds available to the Federal 
Aviation Administration and other Federal agencies for which the Fund 
performs services.

    Sec. 119E.  <<NOTE: Time periods.>>  None of the funds appropriated 
or otherwise made available to the FAA may be used to carry out the 
FAA's obligations under section 44502(e) of title 49, United States 
Code, unless the eligible air traffic system or equipment to be 
transferred to the FAA under section 44502(e) of title 49, United States 
Code, was purchased by the transferor airport--
            (1) during the period of time beginning on October 5, 2018 
        and ending on December 31, 2021; or
            (2) on or after January 1, 2022 for transferor airports 
        located in a non-contiguous States.

    Sec. 119F.  <<NOTE: Reimbursement. President.>>  Of the funds 
provided under the heading ``Grants-in-aid for Airports'', up to 
$3,500,000 shall be for necessary expenses, including an independent 
verification regime, to provide reimbursement to airport sponsors that 
do not provide gateway operations and providers of general aviation 
ground support services, or other aviation tenants, located at those 
airports closed during a temporary flight restriction (TFR) for any 
residence of the President that is designated or identified to be 
secured by the United States Secret Service, and for direct and 
incremental financial losses incurred while such airports are closed 
solely due to the actions of the Federal Government:  
Provided, <<NOTE: Audit.>>  That no funds shall be obligated or 
distributed to airport sponsors that do not provide gateway operations 
and providers of general aviation ground support services until an 
independent audit is completed:  Provided further, That losses incurred 
as a result of violations of law, or through fault or negligence, of 
such operators and service providers or of third parties (including 
airports) are not eligible for reimbursements:  Provided further, That 
obligation and expenditure of funds are conditional upon full release of 
the United States Government for all claims for financial losses 
resulting from such actions.

[[Page 136 STAT. 5109]]

                     Federal Highway Administration

                  limitation on administrative expenses

                          (highway trust fund)

                      (including transfer of funds)

    Not to exceed $473,535,991 together with advances and reimbursements 
received by the Federal Highway Administration, shall be obligated for 
necessary expenses for administration and operation of the Federal 
Highway Administration:  Provided, That in addition, $3,248,000 shall be 
transferred to the Appalachian Regional Commission in accordance with 
section 104(a) of title 23, United States Code.

                          federal-aid highways

                       (limitation on obligations)

                          (highway trust fund)

    Funds <<NOTE: 23 USC 104 note.>>  available for the implementation 
or execution of authorized Federal-aid highway and highway safety 
construction programs shall not exceed total obligations of 
$58,764,510,674 for fiscal year 2023:  Provided, That the limitation on 
obligations under this heading shall only apply to contract authority 
authorized from the Highway Trust Fund (other than the Mass Transit 
Account), unless otherwise specified in law.

                 (liquidation of contract authorization)

                          (highway trust fund)

    For the payment of obligations incurred in carrying out authorized 
Federal-aid highway and highway safety construction programs, 
$59,503,510,674 shall be derived from the Highway Trust Fund (other than 
the Mass Transit Account), to remain available until expended.

                     highway infrastructure programs

                      (including transfer of funds)

    There is hereby appropriated to the Secretary $3,417,811,613:  
Provided, That the funds made available under this heading shall be 
derived from the general fund, shall be in addition to any funds 
provided for fiscal year 2023 in this or any other Act for: (1) 
``Federal-aid Highways'' under chapter 1 of title 23, United States 
Code; (2) the Appalachian Development Highway System as authorized under 
section 1069(y) of Public Law 102-240; (3) the nationally significant 
Federal lands and Tribal projects program under section 1123 of the FAST 
Act, as amended (23 U.S.C. 201 note); (4) the Northern Border Regional 
Commission (40 U.S.C. 15101 et seq.); or (5) the Denali Commission, and 
shall not affect the distribution or amount of funds provided in any 
other Act:  Provided further, <<NOTE: Applicability.>>  That, except for 
funds made available under this heading for the Northern Border Regional 
Commission and the

[[Page 136 STAT. 5110]]

Denali Commission, section 11101(e) of Public Law 117-58 shall apply to 
funds made available under this heading:  Provided further, That unless 
otherwise specified, amounts made available under this heading shall be 
available until September 30, 2026, and shall not be subject to any 
limitation on obligations for Federal-aid highways or highway safety 
construction programs set forth in any Act making annual appropriations: 
 Provided further, That of the sums appropriated under this heading--
            (1) $1,862,811,613 shall be for the purposes, and in the 
        amounts, specified for Community Project Funding/Congressionally 
        Directed Spending in the table entitled ``Community Project 
        Funding/Congressionally Directed Spending'' included in the 
        explanatory statement described in section 4 (in the matter 
        preceding division A of this consolidated Act):  Provided, That, 
        except as otherwise provided under this heading, the funds made 
        available under this paragraph shall be administered as if 
        apportioned under chapter 1 of title 23, United States Code:  
        Provided further, That funds made available under this paragraph 
        that are used for Tribal projects shall be administered as if 
        allocated under chapter 2 of title 23, United States Code, 
        except that the set-asides described in subparagraph (C) of 
        section 202(b)(3) of title 23, United States Code, and 
        subsections (a)(6), (c), and (e) of section 202 of such title, 
        and section 1123(h)(1) of MAP-21 (as amended by Public Law 117-
        58), shall not apply to such funds;
            (2) $100,000,000 shall be for necessary expenses for 
        construction of the Appalachian Development Highway System, as 
        authorized under section 1069(y) of Public Law 102-240:  
        Provided, <<NOTE: Definition.>>  That for the purposes of funds 
        made available under this paragraph, the term ``Appalachian 
        State'' means a State that contains 1 or more counties 
        (including any political subdivision located within the area) in 
        the Appalachian region as defined in section 14102(a) of title 
        40, United States Code:  Provided further, That funds made 
        available under this heading for construction of the Appalachian 
        Development Highway System shall remain available until 
        expended:  Provided further, That, except as provided in the 
        following proviso, funds made available under this heading for 
        construction of the Appalachian Development Highway System shall 
        be administered as if apportioned under chapter 1 of title 23, 
        United States Code:  Provided further, That a project carried 
        out with funds made available under this heading for 
        construction of the Appalachian Development Highway System shall 
        be carried out in the same manner as a project under section 
        14501 of title 40, United States Code:  Provided further, That 
        subject to the following proviso, funds made available under 
        this heading for construction of the Appalachian Development 
        Highway System shall be apportioned to Appalachian States 
        according to the percentages derived from the 2012 Appalachian 
        Development Highway System Cost-to-Complete Estimate, adopted in 
        Appalachian Regional Commission Resolution Number 736, and 
        confirmed as each Appalachian State's relative share of the 
        estimated remaining need to complete the Appalachian Development 
        Highway System, adjusted to exclude those corridors that such 
        States have no current plans to complete, as reported in the 
        2013 Appalachian Development Highway System Completion Report, 
        unless those States have modified and assigned a higher

[[Page 136 STAT. 5111]]

        priority for completion of an Appalachian Development Highway 
        System corridor, as reported in the 2020 Appalachian Development 
        Highway System Future Outlook:  Provided 
        further, <<NOTE: Apportionments.>>  That the Secretary shall 
        adjust apportionments made under the preceding proviso so that 
        no Appalachian State shall be apportioned an amount in excess of 
        30 percent of the amount made available for construction of the 
        Appalachian Development Highway System under this 
        heading: <<NOTE: Consultation.>>  Provided further, That the 
        Secretary shall consult with the Appalachian Regional Commission 
        in making adjustments under the preceding two provisos:  
        Provided further, That the Federal share of the costs for which 
        an expenditure is made for construction of the Appalachian 
        Development Highway System under this heading shall be up to 100 
        percent;
            (3) $40,000,000 shall be for the nationally significant 
        Federal lands and Tribal projects program under section 1123 of 
        the FAST Act (23 U.S.C. 201 note), of which not less than 
        $20,000,000 shall be for competitive grants to tribal 
        governments;
            (4) $12,000,000 shall be for the regional infrastructure 
        accelerator demonstration program authorized under section 1441 
        of the FAST Act (23 U.S.C. 601 note):  Provided, That for funds 
        made available under this paragraph, the Federal share of the 
        costs shall be, at the option of the recipient, up to 100 
        percent;
            (5) $20,000,000 shall be for the national scenic byways 
        program under section 162 of title 23, United States Code:  
        Provided, That, except as otherwise provided under this heading, 
        the funds made available under this paragraph shall be 
        administered as if apportioned under chapter 1 of title 23, 
        United States Code;
            (6) $45,000,000 shall be for the active transportation 
        infrastructure investment program under section 11529 of the 
        Infrastructure Investment and Jobs Act (23 U.S.C. 217 note):  
        Provided, <<NOTE: Apportionment.>>  That except as otherwise 
        provided under such section or this heading, the funds made 
        available under this paragraph shall be administered as if 
        apportioned under chapter 1 of title 23, United States Code:  
        Provided further, That funds made available under this paragraph 
        shall remain available until expended;
            (7) $3,000,000 shall be to carry out the Pollinator-Friendly 
        Practices on Roadsides and Highway Rights-of-Way Program under 
        section 332 of title 23, United States Code;
            (8) $5,000,000 shall be for a cooperative series of 
        agreements with universities, Federal agencies, the National 
        Academy of Sciences, transportation agencies, or nonprofit 
        organizations, to examine the impacts of culverts, roads, and 
        bridges on threatened or endangered salmon populations:  
        Provided, That, for funds made available under this paragraph, 
        the Federal share of the costs of an activity carried out with 
        such funds shall be 80 percent:  Provided further, That, except 
        as otherwise provided under this heading, the funds made 
        available under this paragraph shall be administered as if 
        authorized under chapter 5 of title 23, United States Code;
            (9) $1,145,000,000 shall be for a bridge replacement and 
        rehabilitation program:  Provided, <<NOTE: Definitions.>>  That, 
        for the purposes of funds made available under this paragraph, 
        the term ``State''

[[Page 136 STAT. 5112]]

        means any of the 50 States or the District of Columbia and the 
        term ``qualifying State'' means any State in which the 
        percentage of total deck area of bridges classified as in poor 
        condition in such State is at least 5 percent or in which the 
        percentage of total bridges classified as in poor condition in 
        such State is at least 5 percent:  Provided further, That, of 
        the funds made available under this paragraph, the Secretary 
        shall reserve $6,000,000 for each State that does not meet the 
        definition of a qualifying State:  Provided 
        further, <<NOTE: Distribution.>>  That, after making the 
        reservations under the preceding proviso, the Secretary shall 
        distribute the remaining funds made available under this 
        paragraph to each qualifying State by the proportion that the 
        percentage of total deck area of bridges classified as in poor 
        condition in such qualifying State bears to the sum of the 
        percentages of total deck area of bridges classified as in poor 
        condition in all qualifying States:  Provided further, That, of 
        the funds made available under this paragraph--
                    (A) no qualifying State shall receive more than 
                $60,000,000;
                    (B) each State shall receive an amount not less than 
                $6,000,000; and
                    (C) after calculating the distribution of funds 
                pursuant to the preceding proviso, any amount in excess 
                of $60,000,000 shall be redistributed equally among each 
                State that does not meet the definition of a qualifying 
                State:
          Provided further, That the funds made available under this 
        paragraph shall be used for highway bridge replacement or 
        rehabilitation projects on public roads:  Provided 
        further, <<NOTE: Calculation.>>  That for purposes of this 
        paragraph, the Secretary shall calculate the percentages of 
        total deck area of bridges (including the percentages of total 
        deck area classified as in poor condition) and the percentages 
        of total bridge counts (including the percentages of total 
        bridges classified as in poor condition) based on the National 
        Bridge Inventory as of December 31, 2018:  Provided 
        further, <<NOTE: Apportionment.>>  That, except as otherwise 
        provided under this heading, the funds made available under this 
        paragraph shall be administered as if apportioned under chapter 
        1 of title 23, United States Code;
            (10) $15,000,000 shall be transferred to the Northern Border 
        Regional Commission (40 U.S.C. 15101 et seq.) to make grants, in 
        addition to amounts otherwise made available to the Northern 
        Border Regional Commission for such purpose, to carry out pilot 
        projects that demonstrate the capabilities of wood-based 
        infrastructure projects:  Provided, That a grant made with funds 
        made available under this paragraph shall be administered in the 
        same manner as a grant made under subtitle V of title 40, United 
        States Code;
            (11) $150,000,000 shall be for competitive awards for 
        activities eligible under section 176(d)(4) of title 23, United 
        States Code, of which $125,000,000 shall be for such activities 
        eligible under subparagraph (A) of such section, and of which 
        $25,000,000 shall be for such activities eligible under 
        subparagraph (C) of such section:  
        Provided, <<NOTE: Apportionment.>>  That, except as otherwise 
        provided under this heading, the funds made available under this 
        paragraph shall be administered as if apportioned under

[[Page 136 STAT. 5113]]

        chapter 1 of title 23, United States Code:  Provided further, 
        That, except as otherwise provided under this heading, funds 
        made available under this paragraph shall be administered as if 
        made available to carry out section 176(d) of such title:  
        Provided further, That, for purposes of the calculation under 
        section 176(d)(5)(G)(ii) of such title, amounts made available 
        under this paragraph shall be included in the calculation of the 
        total amount provided for fiscal year 2023 under section 176(d) 
        of such title:  Provided further, <<NOTE: Applicability.>>  That 
        for purposes of applying the set-asides under section 
        176(d)(5)(H)(ii) and (iii) of such title, amounts made available 
        under this paragraph for competitive awards for activities 
        eligible under sections 176(d)(4)(A) and 176(d)(4)(C) of such 
        title shall be included in the calculation of the amounts made 
        available to carry out section 176(d) of such title for fiscal 
        year 2023:  Provided further, That, the Secretary may retain not 
        more than a total of 5 percent of the amounts made available 
        under this paragraph to carry out this paragraph and to review 
        applications for grants under this paragraph, and may transfer 
        portions of the funds retained under this proviso to the 
        relevant Administrators to fund the award and oversight of 
        grants provided under this paragraph:  Provided further, That a 
        project assisted with funds made available under this paragraph 
        shall be treated as a project on a Federal-aid highway;
            (12) $5,000,000 shall be transferred to the Denali 
        Commission for activities eligible under section 307(e) of the 
        Denali Commission Act of 1998 (42 U.S.C. 3121 note; Public Law 
        105-277):  Provided, That funds made available under this 
        paragraph shall not be subject to section 311 of such Act:  
        Provided further, That except as otherwise provided under 
        section 307(e) of such Act or this heading, funds made available 
        under this paragraph shall be administered as if directly 
        appropriated to the Denali Commission and subject to applicable 
        provisions of such Act, including the requirement in section 
        307(e) of such Act that the local community provides a 10 
        percent non-Federal match in the form of any necessary land or 
        planning and design funds:  Provided further, That such funds 
        shall be available until expended:  Provided further, That the 
        Federal share of the costs for which an expenditure is made with 
        funds transferred under this paragraph shall be up to 90 
        percent; and
            (13) $15,000,000 shall be transferred to the Denali 
        Commission to carry out the Denali Access System Program under 
        section 309 of the Denali Commission Act of 1998 (42 U.S.C. 3121 
        note; Public Law 105-277):  Provided, That a transfer under this 
        paragraph shall not be subject to section 311 of such Act:  
        Provided further, That except as otherwise provided under this 
        heading, funds made available under this paragraph shall be 
        administered as if directly appropriated to the Denali 
        Commission and subject to applicable provisions of such Act:  
        Provided further, That funds made available under this paragraph 
        shall not be subject to section 309(j)(2) of such Act:  Provided 
        further, That funds made available under this paragraph shall be 
        available until expended:  Provided further, That the Federal 
        share of the costs for which an expenditure is made with funds 
        transferred under this paragraph shall be up to 100 percent.

[[Page 136 STAT. 5114]]

        administrative provisions--federal highway administration

    Sec. 120. <<NOTE: 23 USC 104 note.>>  (a) For fiscal year 2023, the 
Secretary of Transportation shall--
            (1) not distribute from the obligation limitation for 
        Federal-aid highways--
                    (A) amounts authorized for administrative expenses 
                and programs by section 104(a) of title 23, United 
                States Code; and
                    (B) amounts authorized for the Bureau of 
                Transportation Statistics;
            (2) not distribute an amount from the obligation limitation 
        for Federal-aid highways that is equal to the unobligated 
        balance of amounts--
                    (A) made available from the Highway Trust Fund 
                (other than the Mass Transit Account) for Federal-aid 
                highway and highway safety construction programs for 
                previous fiscal years the funds for which are allocated 
                by the Secretary (or apportioned by the Secretary under 
                section 202 or 204 of title 23, United States Code); and
                    (B) for which obligation limitation was provided in 
                a previous fiscal year;
            (3) <<NOTE: Determination.>>  determine the proportion 
        that--
                    (A) the obligation limitation for Federal-aid 
                highways, less the aggregate of amounts not distributed 
                under paragraphs (1) and (2) of this subsection; bears 
                to
                    (B) the total of the sums authorized to be 
                appropriated for the Federal-aid highway and highway 
                safety construction programs (other than sums authorized 
                to be appropriated for provisions of law described in 
                paragraphs (1) through (11) of subsection (b) and sums 
                authorized to be appropriated for section 119 of title 
                23, United States Code, equal to the amount referred to 
                in subsection (b)(12) for such fiscal year), less the 
                aggregate of the amounts not distributed under 
                paragraphs (1) and (2) of this subsection;
            (4) <<NOTE: Distribution. Applicability.>>  distribute the 
        obligation limitation for Federal-aid highways, less the 
        aggregate amounts not distributed under paragraphs (1) and (2), 
        for each of the programs (other than programs to which paragraph 
        (1) applies) that are allocated by the Secretary under 
        authorized Federal-aid highway and highway safety construction 
        programs, or apportioned by the Secretary under section 202 or 
        204 of title 23, United States Code, by multiplying--
                    (A) the proportion determined under paragraph (3); 
                by
                    (B) the amounts authorized to be appropriated for 
                each such program for such fiscal year; and
            (5) <<NOTE: Distribution.>>  distribute the obligation 
        limitation for Federal-aid highways, less the aggregate amounts 
        not distributed under paragraphs (1) and (2) and the amounts 
        distributed under paragraph (4), for Federal-aid highway and 
        highway safety construction programs that are apportioned by the 
        Secretary under title 23, United States Code (other than the 
        amounts apportioned for the National Highway Performance Program 
        in section 119 of title 23, United States Code, that are exempt 
        from

[[Page 136 STAT. 5115]]

        the limitation under subsection (b)(12) and the amounts 
        apportioned under sections 202 and 204 of that title) in the 
        proportion that--
                    (A) amounts authorized to be appropriated for the 
                programs that are apportioned under title 23, United 
                States Code, to each State for such fiscal year; bears 
                to
                    (B) the total of the amounts authorized to be 
                appropriated for the programs that are apportioned under 
                title 23, United States Code, to all States for such 
                fiscal year.

    (b) Exceptions From Obligation Limitation.--The obligation 
limitation for Federal-aid highways shall not apply to obligations under 
or for--
            (1) section 125 of title 23, United States Code;
            (2) section 147 of the Surface Transportation Assistance Act 
        of 1978 (23 U.S.C. 144 note; 92 Stat. 2714);
            (3) section 9 of the Federal-Aid Highway Act of 1981 (95 
        Stat. 1701);
            (4) subsections (b) and (j) of section 131 of the Surface 
        Transportation Assistance Act of 1982 (96 Stat. 2119);
            (5) subsections (b) and (c) of section 149 of the Surface 
        Transportation and Uniform Relocation Assistance Act of 1987 
        (101 Stat. 198);
            (6) sections 1103 through 1108 of the Intermodal Surface 
        Transportation Efficiency Act of 1991 (105 Stat. 2027);
            (7) section 157 of title 23, United States Code (as in 
        effect on June 8, 1998);
            (8) <<NOTE: Time period.>>  section 105 of title 23, United 
        States Code (as in effect for fiscal years 1998 through 2004, 
        but only in an amount equal to $639,000,000 for each of those 
        fiscal years);
            (9) Federal-aid highway programs for which obligation 
        authority was made available under the Transportation Equity Act 
        for the 21st Century (112 Stat. 107) or subsequent Acts for 
        multiple years or to remain available until expended, but only 
        to the extent that the obligation authority has not lapsed or 
        been used;
            (10) <<NOTE: Time period.>>  section 105 of title 23, United 
        States Code (as in effect for fiscal years 2005 through 2012, 
        but only in an amount equal to $639,000,000 for each of those 
        fiscal years);
            (11) section 1603 of SAFETEA-LU (23 U.S.C. 118 note; 119 
        Stat. 1248), to the extent that funds obligated in accordance 
        with that section were not subject to a limitation on 
        obligations at the time at which the funds were initially made 
        available for obligation; and
            (12) <<NOTE: Time period.>>  section 119 of title 23, United 
        States Code (but, for each of fiscal years 2013 through 2023, 
        only in an amount equal to $639,000,000).

    (c) <<NOTE: Effective date.>>  Redistribution of Unused Obligation 
Authority.--Notwithstanding subsection (a), the Secretary shall, after 
August 1 of such fiscal year--
            (1) <<NOTE: Revision.>>  revise a distribution of the 
        obligation limitation made available under subsection (a) if an 
        amount distributed cannot be obligated during that fiscal year; 
        and
            (2) redistribute sufficient amounts to those States able to 
        obligate amounts in addition to those previously distributed 
        during that fiscal year, giving priority to those States having 
        large unobligated balances of funds apportioned under sections 
        144 (as in effect on the day before the date of enactment

[[Page 136 STAT. 5116]]

        of Public Law 112-141) and 104 of title 23, United States Code.

    (d) Applicability of Obligation Limitations to Transportation 
Research Programs.--
            (1) In general.--Except as provided in paragraph (2), the 
        obligation limitation for Federal-aid highways shall apply to 
        contract authority for transportation research programs carried 
        out under--
                    (A) chapter 5 of title 23, United States Code;
                    (B) title VI of the Fixing America's Surface 
                Transportation Act; and
                    (C) title III of division A of the Infrastructure 
                Investment and Jobs Act (Public Law 117-58).
            (2) Exception.--Obligation authority made available under 
        paragraph (1) shall--
                    (A) <<NOTE: Time period.>>  remain available for a 
                period of 4 fiscal years; and
                    (B) be in addition to the amount of any limitation 
                imposed on obligations for Federal-aid highway and 
                highway safety construction programs for future fiscal 
                years.

    (e) Redistribution of Certain Authorized Funds.--
            (1) <<NOTE: Deadline.>>  In general.--Not later than 30 days 
        after the date of distribution of obligation limitation under 
        subsection (a), the Secretary shall distribute to the States any 
        funds (excluding funds authorized for the program under section 
        202 of title 23, United States Code) that--
                    (A) are authorized to be appropriated for such 
                fiscal year for Federal-aid highway programs; and
                    (B) <<NOTE: Determination.>>  the Secretary 
                determines will not be allocated to the States (or will 
                not be apportioned to the States under section 204 of 
                title 23, United States Code), and will not be available 
                for obligation, for such fiscal year because of the 
                imposition of any obligation limitation for such fiscal 
                year.
            (2) Ratio.--Funds shall be distributed under paragraph (1) 
        in the same proportion as the distribution of obligation 
        authority under subsection (a)(5).
            (3) Availability.--Funds distributed to each State under 
        paragraph (1) shall be available for any purpose described in 
        section 133(b) of title 23, United States Code.

    Sec. 121.  <<NOTE: Reimbursement.>>  Notwithstanding 31 U.S.C. 3302, 
funds received by the Bureau of Transportation Statistics from the sale 
of data products, for necessary expenses incurred pursuant to chapter 63 
of title 49, United States Code, may be credited to the Federal-aid 
highways account for the purpose of reimbursing the Bureau for such 
expenses.

    Sec. 122. <<NOTE: Deadline. Waivers. Public information. Notice. 23 
USC 313 note.>>   Not less than 15 days prior to waiving, under his or 
her statutory authority, any Buy America requirement for Federal-aid 
highways projects, the Secretary of Transportation shall make an 
informal public notice and comment opportunity on the intent to issue 
such waiver and the reasons therefor: <<NOTE: Web posting.>>   Provided, 
That the Secretary shall post on a website any waivers granted under the 
Buy America requirements.

    Sec. 123.  <<NOTE: Grants. Deadline. Notifications. Evaluation.>>  
None of the funds made available in this Act may be used to make a grant 
for a project under section 117 of title 23, United States Code, unless 
the Secretary, at least 60 days

[[Page 136 STAT. 5117]]

before making a grant under that section, provides written notification 
to the House and Senate Committees on Appropriations of the proposed 
grant, including an evaluation and justification for the project and the 
amount of the proposed grant award.

    Sec. 124. (a) A State or territory, as defined in section 165 of 
title 23, United States Code, may use for any project eligible under 
section 133(b) of title 23 or section 165 of title 23 and located within 
the boundary of the State or territory any earmarked amount, and any 
associated obligation limitation:  
Provided, <<NOTE: Notification. Reports.>>  That the Department of 
Transportation for the State or territory for which the earmarked amount 
was originally designated or directed notifies the Secretary of its 
intent to use its authority under this section and submits an annual 
report to the Secretary identifying the projects to which the funding 
would be applied. <<NOTE: Time period.>>  Notwithstanding the original 
period of availability of funds to be obligated under this section, such 
funds and associated obligation limitation shall remain available for 
obligation for a period of 3 fiscal years after the fiscal year in which 
the Secretary is notified. The Federal share of the cost of a project 
carried out with funds made available under this section shall be the 
same as associated with the earmark.

    (b) <<NOTE: Definition. Time period.>>  In this section, the term 
``earmarked amount'' means--
            (1) congressionally directed spending, as defined in rule 
        XLIV of the Standing Rules of the Senate, identified in a prior 
        law, report, or joint explanatory statement, which was 
        authorized to be appropriated or appropriated more than 10 
        fiscal years prior to the current fiscal year, and administered 
        by the Federal Highway Administration; or
            (2) a congressional earmark, as defined in rule XXI of the 
        Rules of the House of Representatives, identified in a prior 
        law, report, or joint explanatory statement, which was 
        authorized to be appropriated or appropriated more than 10 
        fiscal years prior to the current fiscal year, and administered 
        by the Federal Highway Administration.

    (c) <<NOTE: Effective date. Applicability. Certifications.>>  The 
authority under subsection (a) may be exercised only for those projects 
or activities that have obligated less than 10 percent of the amount 
made available for obligation as of October 1 of the current fiscal 
year, and shall be applied to projects within the same general 
geographic area within 25 miles for which the funding was designated, 
except that a State or territory may apply such authority to unexpended 
balances of funds from projects or activities the State or territory 
certifies have been closed and for which payments have been made under a 
final voucher.

    (d) <<NOTE: Reports.>>  The Secretary shall submit consolidated 
reports of the information provided by the States and territories 
annually to the House and Senate Committees on Appropriations.

               Federal Motor Carrier Safety Administration

              motor carrier safety operations and programs

                 (liquidation of contract authorization)

                       (limitation on obligations)

                          (highway trust fund)

    For payment of obligations incurred in the implementation, execution 
and administration of motor carrier safety operations

[[Page 136 STAT. 5118]]

and programs pursuant to section 31110 of title 49, United States Code, 
as amended by the Infrastructure Investment and Jobs Act (Public Law 
117-58), $367,500,000, to be derived from the Highway Trust Fund (other 
than the Mass Transit Account), together with advances and 
reimbursements received by the Federal Motor Carrier Safety 
Administration, the sum of which shall remain available until expended:  
Provided, That funds available for implementation, execution, or 
administration of motor carrier safety operations and programs 
authorized under title 49, United States Code, shall not exceed total 
obligations of $367,500,000, for ``Motor Carrier Safety Operations and 
Programs'' for fiscal year 2023, of which $14,073,000, to remain 
available for obligation until September 30, 2025, is for the research 
and technology program, and of which not less than $63,098,000, to 
remain available for obligation until September 30, 2025, is for 
development, modernization, enhancement, and continued operation and 
maintenance of information technology and information management.

                       motor carrier safety grants

                 (liquidation of contract authorization)

                       (limitation on obligations)

                          (highway trust fund)

    For payment of obligations incurred in carrying out sections 31102, 
31103, 31104, and 31313 of title 49, United States Code, $506,150,000, 
to be derived from the Highway Trust Fund (other than the Mass Transit 
Account) and to remain available until expended:  Provided, That funds 
available for the implementation or execution of motor carrier safety 
programs shall not exceed total obligations of $506,150,000 in fiscal 
year 2023 for ``Motor Carrier Safety Grants'':  Provided further, That 
of the amounts made available under this heading--
            (1) $398,500,000, to remain available for obligation until 
        September 30, 2024, shall be for the motor carrier safety 
        assistance program;
            (2) $42,650,000, to remain available for obligation until 
        September 30, 2024, shall be for the commercial driver's license 
        program implementation program;
            (3) $58,800,000, to remain available for obligation until 
        September 30, 2024, shall be for the high priority program;
            (4) $1,200,000, to remain available for obligation until 
        September 30, 2024, shall be for the commercial motor vehicle 
        operators grant program; and
            (5) $5,000,000, to remain available for obligation until 
        September 30, 2024, shall be for the commercial motor vehicle 
        enforcement training and support grant program.

 administrative provisions--federal motor carrier safety administration

    Sec. 130.  <<NOTE: Notice. Mail.>>  The Federal Motor Carrier Safety 
Administration shall send notice of section 385.308 of title 49, Code of 
Federal Regulations, violations by certified mail, registered mail, or 
another manner of delivery, which records the receipt of the notice by 
the persons responsible for the violations.

[[Page 136 STAT. 5119]]

    Sec. <<NOTE: Update. Regulations. 49 USC 31142 note.>>  131.  The 
Federal Motor Carrier Safety Administration shall update annual 
inspection regulations under Appendix G to subchapter B of chapter III 
of title 49, Code of Federal Regulations, as recommended by GAO-19-264.

    Sec. 132.  None of the funds appropriated or otherwise made 
available to the Department of Transportation by this Act or any other 
Act may be obligated or expended to implement, administer, or enforce 
the requirements of section 31137 of title 49, United States Code, or 
any regulation issued by the Secretary pursuant to such section, with 
respect to the use of electronic logging devices by operators of 
commercial motor vehicles, as defined in section 31132(1) of such title, 
transporting livestock as defined in section 602 of the Emergency 
Livestock Feed Assistance Act of 1988 (7 U.S.C. 1471) or insects.

             National Highway Traffic Safety Administration

                         operations and research

    For expenses necessary to discharge the functions of the Secretary, 
with respect to traffic and highway safety, authorized under chapter 301 
and part C of subtitle VI of title 49, United States Code, $210,000,000, 
to remain available through September 30, 2024.

                         operations and research

                 (liquidation of contract authorization)

                       (limitation on obligations)

                          (highway trust fund)

    For payment of obligations incurred in carrying out the provisions 
of section 403 of title 23, United States Code, including behavioral 
research on Automated Driving Systems and Advanced Driver Assistance 
Systems and improving consumer responses to safety recalls, section 
25024 of the Infrastructure Investment and Jobs Act (Public Law 117-58), 
and chapter 303 of title 49, United States Code, $197,000,000, to be 
derived from the Highway Trust Fund (other than the Mass Transit 
Account) and to remain available until expended:  Provided, That none of 
the funds in this Act shall be available for the planning or execution 
of programs the total obligations for which, in fiscal year 2023, are in 
excess of $197,000,000:  Provided further, That of the sums appropriated 
under this heading--
            (1) $190,000,000 shall be for programs authorized under 
        section 403 of title 23, United States Code, including 
        behavioral research on Automated Driving Systems and Advanced 
        Driver Assistance Systems and improving consumer responses to 
        safety recalls, and section 25024 of the Infrastructure 
        Investment and Jobs Act (Public Law 117-58); and
            (2) $7,000,000 shall be for the National Driver Register 
        authorized under chapter 303 of title 49, United States Code:

  Provided further, That within the $197,000,000 obligation limitation 
for operations and research, $57,500,000 shall remain available until 
September 30, 2024, and shall be in addition to the amount of any 
limitation imposed on obligations for future years:  Provided

[[Page 136 STAT. 5120]]

further, That amounts for behavioral research on Automated Driving 
Systems and Advanced Driver Assistance Systems and improving consumer 
responses to safety recalls are in addition to any other funds provided 
for those purposes for fiscal year 2023 in this Act.

                      highway traffic safety grants

                 (liquidation of contract authorization)

                       (limitation on obligations)

                          (highway trust fund)

    For payment of obligations incurred in carrying out provisions of 
sections 402, 404, and 405 of title 23, United States Code, and grant 
administration expenses under chapter 4 of title 23, United States Code, 
to remain available until expended, $795,220,000, to be derived from the 
Highway Trust Fund (other than the Mass Transit Account):  Provided, 
That none of the funds in this Act shall be available for the planning 
or execution of programs for which the total obligations in fiscal year 
2023 are in excess of $795,220,000 for programs authorized under 
sections 402, 404, and 405 of title 23, United States Code, and grant 
administration expenses under chapter 4 of title 23, United States Code: 
 Provided further, That of the sums appropriated under this heading--
            (1) $370,900,000 shall be for ``Highway Safety Programs'' 
        under section 402 of title 23, United States Code;
            (2) $346,500,000 shall be for ``National Priority Safety 
        Programs'' under section 405 of title 23, United States Code;
            (3) $38,300,000 shall be for the ``High Visibility 
        Enforcement Program'' under section 404 of title 23, United 
        States Code; and
            (4) $39,520,000 shall be for grant administrative expenses 
        under chapter 4 of title 23, United States Code:

  Provided further, That none of these funds shall be used for 
construction, rehabilitation, or remodeling costs, or for office 
furnishings and fixtures for State, local or private buildings or 
structures:  Provided further, That not to exceed $500,000 of the funds 
made available for ``National Priority Safety Programs'' under section 
405 of title 23, United States Code, for ``Impaired Driving 
Countermeasures'' (as described in subsection (d) of that section) shall 
be available for technical assistance to the States:  Provided further, 
That with respect to the ``Transfers'' provision under section 405(a)(8) 
of title 23, United States Code, any amounts transferred to increase the 
amounts made available under section 402 shall include the obligation 
authority for such amounts:  Provided further, 
That <<NOTE: Notification. Deadline.>>  the Administrator shall notify 
the House and Senate Committees on Appropriations of any exercise of the 
authority granted under the preceding proviso or under section 405(a)(8) 
of title 23, United States Code, within 5 days.

       administrative provisions--national highway traffic safety 
                             administration

    Sec. 140.  An additional $130,000 shall be made available to the 
National Highway Traffic Safety Administration, out of the

[[Page 136 STAT. 5121]]

amount limited for section 402 of title 23, United States Code, to pay 
for travel and related expenses for State management reviews and to pay 
for core competency development training and related expenses for 
highway safety staff.
    Sec. 141.  The limitations on obligations for the programs of the 
National Highway Traffic Safety Administration set in this Act shall not 
apply to obligations for which obligation authority was made available 
in previous public laws but only to the extent that the obligation 
authority has not lapsed or been used.
    Sec. 142.  None of the funds in this Act or any other Act shall be 
used to enforce the requirements of section 405(a)(9) of title 23, 
United States Code.
    Sec. 143.  Section 24220 of the Infrastructure Investment and Jobs 
Act (Public Law 117-58) <<NOTE: 49 USC 30111 note.>>  is amended by 
adding at the end the following:

    ``(f) Short Title.--This section may be cited as the `Honoring the 
Abbas Family Legacy to Terminate Drunk Driving Act'.''.

                     Federal Railroad Administration

                          safety and operations

    For necessary expenses of the Federal Railroad Administration, not 
otherwise provided for, $250,449,000, of which $25,000,000 shall remain 
available until expended.

                    railroad research and development

    For necessary expenses for railroad research and development, 
$44,000,000, to remain available until expended:  Provided, That of the 
amounts provided under this heading, up to $3,000,000 shall be available 
pursuant to section 20108(d) of title 49, United States Code, for the 
construction, alteration, and repair of buildings and improvements at 
the Transportation Technology Center.

         federal-state partnership for intercity passenger rail

    For necessary expenses related to Federal-State Partnership for 
Intercity Passenger Rail grants as authorized by section 24911 of title 
49, United States Code, $100,000,000, to remain available until 
expended:  Provided, That the Secretary may withhold up to 2 percent of 
the amounts made available under this heading in this Act for the costs 
of award and project management oversight of grants carried out under 
title 49, United States Code.

        consolidated rail infrastructure and safety improvements

                      (including transfer of funds)

    For necessary expenses related to Consolidated Rail Infrastructure 
and Safety Improvements grants, as authorized by section 22907 of title 
49, United States Code, $535,000,000, to remain available until 
expended:  Provided, That of the amounts made available under this 
heading in this Act--
            (1) not less than $150,000,000 shall be for projects 
        eligible under section 22907(c)(2) of title 49, United States 
        Code, that support the development of new intercity passenger 
        rail service routes including alignments for existing routes;

[[Page 136 STAT. 5122]]

            (2) not less than $25,000,000 shall be for projects eligible 
        under section 22907(c)(11) of title 49, United States Code:  
        Provided, That for amounts made available in this paragraph, the 
        Secretary shall give preference to projects that are located in 
        counties with the most pedestrian trespasser casualties;
            (3) $5,000,000 shall be for preconstruction planning 
        activities and capital costs related to the deployment of 
        magnetic levitation transportation projects;
            (4) $30,426,000 shall be made available for the purposes, 
        and in amounts, specified for Community Project Funding/
        Congressionally Directed Spending in the table entitled 
        ``Community Project Funding/Congressionally Directed Spending'' 
        included in the explanatory statement described in section 4 (in 
        the matter preceding division A of this consolidated Act):  
        Provided, That requirements under subsections (g) and (l) of 
        section 22907 of title 49, United States Code, shall not apply 
        to this paragraph:  Provided further, <<NOTE: Distribution.>>  
        That any remaining funds available after the distribution of the 
        Community Project Funding/Congressionally Directed Spending 
        described in this paragraph shall be available to the Secretary 
        to distribute as discretionary grants under this heading; and
            (5) not less than $5,000,000 shall be available for 
        workforce development and training activities as authorized 
        under section 22907(c)(13) of title 49, United States Code:

  Provided further, That for amounts made available under this heading 
in this Act, eligible projects under section 22907(c)(8) of title 49, 
United States Code, shall also include railroad systems planning 
(including the preparation of regional intercity passenger rail plans 
and State Rail Plans) and railroad project development activities 
(including railroad project planning, preliminary engineering, design, 
environmental analysis, feasibility studies, and the development and 
analysis of project alternatives):  Provided further, That section 
22905(f) of title 49, United States Code, shall not apply to amounts 
made available under this heading in this Act for projects that 
implement or sustain positive train control systems otherwise eligible 
under section 22907(c)(1) of title 49, United States Code:  Provided 
further, That amounts made available under this heading in this Act for 
projects selected for commuter rail passenger transportation may be 
transferred by the Secretary, after selection, to the appropriate 
agencies to be administered in accordance with chapter 53 of title 49, 
United States Code:  Provided further, That for amounts made available 
under this heading in this Act, eligible recipients under section 
22907(b)(7) of title 49, United States Code, shall include any holding 
company of a Class II railroad or Class III railroad (as those terms are 
defined in section 20102 of title 49, United States Code):  Provided 
further, That section 22907(e)(1)(A) of title 49, United States Code, 
shall not apply to amounts made available under this heading in this 
Act:  Provided further, That section 22907(e)(1)(A) of title 49, United 
States Code, shall not apply to amounts made available under this 
heading in previous fiscal years if such funds are announced in a notice 
of funding opportunity that includes funds made available under this 
heading in this Act:  Provided further, That the preceding proviso shall 
not apply to funds made available under this heading in the 
Infrastructure Investment and Jobs Act (division J of Public Law 117-
58):  Provided further, <<NOTE: Time period.>>  That unobligated 
balances remaining after 6 years from the date of enactment of this

[[Page 136 STAT. 5123]]

Act may be used for any eligible project under section 22907(c) of title 
49, United States Code:  Provided further, That the Secretary may 
withhold up to 2 percent of the amounts made available under this 
heading in this Act for the costs of award and project management 
oversight of grants carried out under title 49, United States Code.

northeast corridor grants to the national railroad passenger corporation

    To enable the Secretary of Transportation to make grants to the 
National Railroad Passenger Corporation for activities associated with 
the Northeast Corridor as authorized by section 22101(a) of the 
Infrastructure Investment and Jobs Act (Public Law 117-58), 
$1,260,000,000, to remain available until expended:  Provided, That the 
Secretary may retain up to one-half of 1 percent of the amounts made 
available under both this heading in this Act and the ``National Network 
Grants to the National Railroad Passenger Corporation'' heading in this 
Act to fund the costs of project management and oversight of activities 
authorized by section 22101(c) of the Infrastructure Investment and Jobs 
Act (Public Law 117-58):  Provided further, That in addition to the 
project management oversight funds authorized under section 22101(c) of 
the Infrastructure Investment and Jobs Act (Public Law 117-58), the 
Secretary may retain up to an additional $5,000,000 of the amounts made 
available under this heading in this Act to fund expenses associated 
with the Northeast Corridor Commission established under section 24905 
of title 49, United States Code.

 national network grants to the national railroad passenger corporation

    To enable the Secretary of Transportation to make grants to the 
National Railroad Passenger Corporation for activities associated with 
the National Network as authorized by section 22101(b) of the 
Infrastructure Investment and Jobs Act (division B of Public Law 117-
58), $1,193,000,000, to remain available until expended:  Provided, That 
the Secretary may retain up to an additional $3,000,000 of the funds 
provided under this heading in this Act to fund expenses associated with 
the State-Supported Route Committee established under section 24712 of 
title 49, United States Code:  Provided further, That at least 
$50,000,000 of the amount provided under this heading in this Act shall 
be available for the development, installation and operation of railroad 
safety improvements, including the implementation of a positive train 
control system, on State-supported routes as defined under section 
24102(13) of title 49, United States Code, on which positive train 
control systems are not required by law or regulation as identified on 
or before the date of enactment of this Act:  Provided further, That any 
unexpended balances from amounts provided under this heading in this Act 
and in prior fiscal years for the development, installation and 
operation of railroad safety technology on State-supported routes on 
which positive train control systems are not required by law or 
regulation shall also be available for railroad safety improvements on 
State-supported routes as identified on or before the date of enactment 
of Public Law 117-103:  Provided further, That none of the funds 
provided under this heading in this Act shall be used by Amtrak to give 
notice under subsection

[[Page 136 STAT. 5124]]

(a) or (c) of section 24706 of title 49, United States Code, with 
respect to long-distance routes (as defined in section 24102 of title 
49, United States Code) on which Amtrak is the sole operator on a host 
railroad's line and a positive train control system is not required by 
law or regulation, or, except in an emergency or during maintenance or 
construction outages impacting such routes, to otherwise discontinue, 
reduce the frequency of, suspend, or substantially alter the route of 
rail service on any portion of such route operated in fiscal year 2018, 
including implementation of service permitted by section 24305(a)(3)(A) 
of title 49, United States Code, in lieu of rail service:  Provided 
further, That the National Railroad Passenger Corporation may use up to 
$66,000,000 of the amounts made available under this heading in this Act 
to support planning and capital costs, and operating assistance 
consistent with the Federal funding limitations under section 22908 of 
title 49, United States Code, of corridors selected under section 25101 
of title 49, United States Code, that are operated by the National 
Railroad Passenger Corporation.

       administrative provisions--federal railroad administration

                         (including rescission)

                      (including transfer of funds)

    Sec. 150.  None of the funds made available by this Act may be used 
by the National Railroad Passenger Corporation in contravention of the 
Worker Adjustment and Retraining Notification Act (29 U.S.C. 2101 et 
seq.).
    Sec. 151.  The amounts made available to the Secretary or to the 
Federal Railroad Administration for the costs of award, administration, 
and project management oversight of financial assistance which are 
administered by the Federal Railroad Administration, in this and prior 
Acts, may be transferred to the Federal Railroad Administration's 
``Financial Assistance Oversight and Technical Assistance'' account for 
the necessary expenses to support the award, administration, project 
management oversight, and technical assistance of financial assistance 
administered by the Federal Railroad Administration, in the same manner 
as appropriated for in this and prior Acts:  Provided, That this section 
shall not apply to amounts that were previously designated by the 
Congress as an emergency requirement pursuant to a concurrent resolution 
on the budget or the Balanced Budget and Emergency Deficit Control Act 
of 1985.
    Sec. 152.  Amounts made available under the heading ``Department of 
Transportation--Federal Railroad Administration--Restoration and 
Enhancement'' in any prior fiscal years are subject to the requirements 
of section 22908 of title 49, United States Code, as in effect on the 
effective date of the Infrastructure Investment and Jobs Act (Public Law 
117-58).
    Sec. 153.  Section 802 of title VIII of division J of Public Law 
117-58 <<NOTE: 135 Stat. 1437.>>  is amended--
            (1) in the first proviso, by inserting ``that could be'' 
        after ``amounts''; and
            (2) in the second proviso, by inserting ``that could be'' 
        after ``amounts'':

[[Page 136 STAT. 5125]]

  Provided, That amounts repurposed by the amendments made by this 
section that were previously designated by the Congress as an emergency 
requirement pursuant to the Balanced Budget and Emergency Deficit 
Control Act of 1985 or a concurrent resolution on the budget are 
designated as an emergency requirement pursuant to section 4001(a)(1) of 
S. Con. Res. 14 (117th Congress), the concurrent resolution on the 
budget for fiscal year 2022, and section 1(e) of H. Res. 1151 (117th 
Congress) as engrossed in the House of Representatives on June 8, 2022.
    Sec. 154.  Of the unobligated balances of funds remaining from--
            (1) ``Rail Line Relocation and Improvement Program'' account 
        totaling $1,811,124.16 appropriated by Public Law 112-10 is 
        hereby permanently rescinded; and
            (2) ``Railroad Safety Grants'' account totaling 
        $1,610,000.00 appropriated by Public Law 114-113 is hereby 
        permanently rescinded.

    Sec. 155.  None of the funds made available to the National Railroad 
Passenger Corporation may be used to fund any overtime costs in excess 
of $35,000 for any individual employee:  
Provided, <<NOTE: Overtime. Amtrak. Waiver authority. Determination.>>  
That the President of Amtrak may waive the cap set in the preceding 
proviso for specific employees when the President of Amtrak determines 
such a cap poses a risk to the safety and operational efficiency of the 
system:  Provided further, <<NOTE: Reports. Summary. Time period.>>  
That the President of Amtrak shall report to the House and Senate 
Committees on Appropriations no later than 60 days after the date of 
enactment of this Act, a summary of all overtime payments incurred by 
Amtrak for 2022 and the 3 prior calendar years:  Provided further, That 
such summary shall include the total number of employees that received 
waivers and the total overtime payments Amtrak paid to employees 
receiving waivers for each month for 2022 and for the 3 prior calendar 
years.

    Sec. 156.  None of the funds made available to the National Railroad 
Passenger Corporation under the headings ``Northeast Corridor Grants to 
the National Railroad Passenger Corporation'' and ``National Network 
Grants to the National Railroad Passenger Corporation'' may be used to 
reduce the total number of Amtrak Police Department uniformed officers 
patrolling on board passenger trains or at stations, facilities or 
rights-of-way below the staffing level on May 1, 2019.
    Sec. 157.  It is the sense of Congress that--
            (1) long-distance passenger rail routes provide much-needed 
        transportation access for 4,700,000 riders in 325 communities in 
        40 States and are particularly important in rural areas; and
            (2) long-distance passenger rail routes and services should 
        be sustained to ensure connectivity throughout the National 
        Network (as defined in section 24102 of title 49, United States 
        Code).

    Sec. 158.  State-supported routes operated by Amtrak. Section 
24712(a) of title 49, United States Code, is hereby amended by inserting 
after section 24712(a)(7) the following--
            ``(8) Staffing.--The Committee may--
                    ``(A) appoint, terminate, and fix the compensation 
                of an executive director and other Committee employees 
                necessary for the Committee to carry out its duties; and

[[Page 136 STAT. 5126]]

                    ``(B) enter into contracts necessary to carry out 
                its duties, including providing Committee employees with 
                retirement and other employee benefits under the 
                condition that Non-Federal members or officers, the 
                executive director, and employees of the Committee are 
                not Federal employees for any purpose.
            ``(9) Authorization of appropriations.--Amounts made 
        available by the Secretary of Transportation for the Committee 
        may be used to carry out this section.''.

    Sec. 159.  For an additional amount for ``Consolidated Rail 
Infrastructure and Safety Improvements'', $25,000,000, to remain 
available until expended, for projects selected in response to the 
Notice of Funding Opportunity published by the Federal Railroad 
Administration on August 19, 2019 (84 FR 42979), and where a grant for 
the project was obligated after June 1, 2021 and remains open:  
Provided, <<NOTE: Determination.>>  That sponsors of projects eligible 
for funds made available under this heading in this section shall 
provide sufficient written justification describing, at a minimum, the 
current project cost estimate, why the project cannot be completed with 
the obligated grant amount, and any other relevant information, as 
determined by the Secretary:  Provided further, <<NOTE: Allocation.>>  
That funds made available under this section shall be allocated to 
projects eligible to receive funding under this section in order of the 
date the grants were obligated:  Provided further, That the allocation 
under the preceding proviso will be for the amounts necessary to cover 
increases to eligible project costs since the grant was obligated, based 
on the information provided:  Provided further, That the amounts made 
available under this section shall not be part of the Federal share of 
total project costs under section 22907(h)(2) of title 49, United States 
Code:  Provided further, <<NOTE: Deadline.>>  That the Federal Railroad 
Administration shall provide the amounts allocated to projects under 
this section no later than 90 days after the date the sufficient written 
justifications required under this section have been submitted.

                     Federal Transit Administration

                         transit formula grants

                 (liquidation of contract authorization)

                       (limitation on obligations)

                          (highway trust fund)

    For payment of obligations incurred in the Federal Public 
Transportation Assistance Program in this account, and for payment of 
obligations incurred in carrying out the provisions of 49 U.S.C. 5305, 
5307, 5310, 5311, 5312, 5314, 5318, 5329(e)(6), 5334, 5335, 5337, 5339, 
and 5340, as amended by the Infrastructure Investment and Jobs Act, 
section 20005(b) of Public Law 112-141, and section 3006(b) of the 
Fixing America's Surface Transportation Act, $13,634,000,000, to be 
derived from the Mass Transit Account of the Highway Trust Fund and to 
remain available until expended:  Provided, That funds available for the 
implementation or execution of programs authorized under 49 U.S.C. 5305, 
5307, 5310, 5311, 5312, 5314, 5318, 5329(e)(6), 5334, 5335, 5337, 5339, 
and 5340, as amended by the Infrastructure Investment and Jobs Act, 
section

[[Page 136 STAT. 5127]]

20005(b) of Public Law 112-141, and section 3006(b) of the Fixing 
America's Surface Transportation Act, shall not exceed total obligations 
of $13,634,000,000 in fiscal year 2023.

                      transit infrastructure grants

    For an additional amount for buses and bus facilities grants under 
section 5339(b) of title 49, United States Code, low or no emission 
grants under section 5339(c) of such title, ferry boats grants under 
section 5307(h) of such title, bus testing facilities under section 5318 
of such title, innovative mobility solutions grants under section 5312 
of such title, accelerating innovative mobility initiative grants under 
section 5312 of such title, accelerating the adoption of zero emission 
buses under section 5312 of such title, Community Project Funding/
Congressionally Directed Spending for projects and activities eligible 
under chapter 53 of such title, and ferry service for rural communities 
under section 71103 of division G of Public Law 117-58, $541,959,324, to 
remain available until expended:  Provided, That of the sums provided 
under this heading in this Act--
            (1) $90,000,000 shall be available for buses and bus 
        facilities competitive grants as authorized under section 
        5339(b) of such title;
            (2) $50,000,000 shall be available for the low or no 
        emission grants as authorized under section 5339(c) of such 
        title:  Provided, That the minimum grant award shall be not less 
        than $750,000;
            (3) $15,000,000 shall be available for ferry boat grants as 
        authorized under section 5307(h) of such title:  Provided, That 
        of the amounts provided under this paragraph, no less than 
        $5,000,000 shall be available for low or zero emission ferries 
        or ferries using electric battery or fuel cell components and 
        the infrastructure to support such ferries;
            (4) $2,000,000 shall be available for the operation and 
        maintenance of the bus testing facilities selected under section 
        5318 of such title;
            (5) $360,459,324 shall be available for the purposes, and in 
        amounts, specified for Community Project Funding/Congressionally 
        Directed Spending in the table entitled ``Community Project 
        Funding/Congressionally Directed Spending'' included in the 
        explanatory statement described in section 4 (in the matter 
        preceding division A of this consolidated Act):  Provided, 
        That <<NOTE: Applicability. Approval.>>  unless otherwise 
        specified, applicable requirements under chapter 53 of title 49, 
        United States Code, shall apply to amounts made available in 
        this paragraph, except that the Federal share of the costs for a 
        project in this paragraph shall be in an amount equal to 80 
        percent of the net costs of the project, unless the Secretary 
        approves a higher maximum Federal share of the net costs of the 
        project consistent with administration of similar projects 
        funded under chapter 53 of title 49, United States Code;
            (6) $17,500,000 shall be available for ferry service for 
        rural communities under section 71103 of division G of Public 
        Law 117-58:  Provided, That for amounts made available in this 
        paragraph, notwithstanding section 71103(a)(2)(B), eligible 
        service shall include passenger ferry service that serves at 
        least two rural areas with a single segment over 20 miles

[[Page 136 STAT. 5128]]

        between the two rural areas and is not otherwise eligible under 
        section 5307(h) of title 49, United States Code:  Provided 
        further, That entities that provide eligible service pursuant to 
        the preceding proviso may use amounts made available in this 
        paragraph for public transportation capital projects to support 
        any ferry service between two rural areas:  Provided further, 
        That entities eligible for amounts made available in this 
        paragraph shall only provide ferry service to rural areas;
            (7) $1,000,000 shall be available for the demonstration and 
        deployment of innovative mobility solutions as authorized under 
        section 5312 of title 49, United States Code:  Provided, That 
        such amounts shall be available for competitive grants or 
        cooperative agreements for the development of software to 
        facilitate the provision of demand-response public 
        transportation service that dispatches public transportation 
        fleet vehicles through riders mobile devices or other advanced 
        means:  Provided further, <<NOTE: Evaluation.>>  That the 
        Secretary shall evaluate the potential for software developed 
        with grants or cooperative agreements to be shared for use by 
        public transportation agencies;
            (8) $1,000,000 shall be for the accelerating innovative 
        mobility initiative as authorized under section 5312 of title 
        49, United States Code:  Provided, That such amounts shall be 
        available for competitive grants to improve mobility and enhance 
        the rider experience with a focus on innovative service delivery 
        models, creative financing, novel partnerships, and integrated 
        payment solutions in order to help disseminate proven innovation 
        mobility practices throughout the public transportation 
        industry; and
            (9) $5,000,000 shall be available to support technical 
        assistance, research, demonstration, or deployment activities or 
        projects to accelerate the adoption of zero emission buses in 
        public transit as authorized under section 5312 of title 49, 
        United States Code:

  Provided further, That amounts made available under this heading in 
this Act shall be derived from the general fund:  Provided further, That 
amounts made available under this heading in this Act shall not be 
subject to any limitation on obligations for transit programs set forth 
in this or any other Act.

                    technical assistance and training

    For necessary expenses to carry out section 5314 of title 49, United 
States Code, $7,500,000, to remain available until September 30, 2024:  
Provided, That the assistance provided under this heading does not 
duplicate the activities of section 5311(b) or section 5312 of title 49, 
United States Code:  Provided further, That amounts made available under 
this heading are in addition to any other amounts made available for 
such purposes:  Provided further, That amounts made available under this 
heading shall not be subject to any limitation on obligations set forth 
in this or any other Act.

                        capital investment grants

    For necessary expenses to carry out fixed guideway capital 
investment grants under section 5309 of title 49, United States Code, 
and section 3005(b) of the Fixing America's Surface Transportation Act 
(Public Law 114-94), $2,210,000,000, to remain available

[[Page 136 STAT. 5129]]

until expended:  Provided, That of the sums appropriated under this 
heading in this Act--
            (1) $1,772,900,000 shall be available for projects 
        authorized under section 5309(d) of title 49, United States 
        Code;
            (2) $100,000,000 shall be available for projects authorized 
        under section 5309(e) of title 49, United States Code;
            (3) $215,000,000 shall be available for projects authorized 
        under section 5309(h) of title 49, United States Code; and
            (4) $100,000,000 shall be available for projects authorized 
        under section 3005(b) of the Fixing America's Surface 
        Transportation Act:

  Provided further, <<NOTE: Continuation.>>  That the Secretary shall 
continue to administer the capital investment grants program in 
accordance with the procedural and substantive requirements of section 
5309 of title 49, United States Code, and of section 3005(b) of the 
Fixing America's Surface Transportation Act:  Provided further, That 
projects that receive a grant agreement under the Expedited Project 
Delivery for Capital Investment Grants Pilot Program under section 
3005(b) of the Fixing America's Surface Transportation Act shall be 
deemed eligible for funding provided for projects under section 5309 of 
title 49, United States Code, without further evaluation or rating under 
such section:  Provided further, That such funding shall not exceed the 
Federal share under section 3005(b):  Provided further, 
That <<NOTE: Reports.>>  upon submission to the Congress of the fiscal 
year 2024 President's budget, the Secretary of Transportation shall 
transmit to Congress the annual report on capital investment grants, 
including proposed allocations for fiscal year 2024.

      grants to the washington metropolitan area transit authority

    For grants to the Washington Metropolitan Area Transit Authority as 
authorized under section 601 of division B of the Passenger Rail 
Investment and Improvement Act of 2008 (Public Law 110-432), 
$150,000,000, to remain available until expended:  
Provided, <<NOTE: Determination.>>  That the Secretary of Transportation 
shall approve grants for capital and preventive maintenance expenditures 
for the Washington Metropolitan Area Transit Authority only after 
receiving and reviewing a request for each specific project:  Provided 
further, That the Secretary shall determine that the Washington 
Metropolitan Area Transit Authority has placed the highest priority on 
those investments that will improve the safety of the system before 
approving such grants.

        administrative provisions--federal transit administration

                         (including rescissions)

    Sec. 160.  The limitations on obligations for the programs of the 
Federal Transit Administration shall not apply to any authority under 49 
U.S.C. 5338, previously made available for obligation, or to any other 
authority previously made available for obligation.
    Sec. 161.  <<NOTE: Deadline.>>  Notwithstanding any other provision 
of law, funds appropriated or limited by this Act under the heading 
``Capital Investment Grants'' of the Federal Transit Administration for 
projects specified in this Act not obligated by September 30, 2026, and 
other recoveries, shall be directed to projects eligible to use the 
funds for the purposes for which they were originally provided.

[[Page 136 STAT. 5130]]

    Sec. 162.  <<NOTE: Transfer authority.>>  Notwithstanding any other 
provision of law, any funds appropriated before October 1, 2022, under 
any section of chapter 53 of title 49, United States Code, that remain 
available for expenditure, may be transferred to and administered under 
the most recent appropriation heading for any such section.

    Sec. 163.  None of the funds made available by this Act or any other 
Act shall be used to adjust apportionments or withhold funds from 
apportionments pursuant to section 9503(e)(4) of the Internal Revenue 
Code of 1986 (26 U.S.C. 9503(e)(4)).
    Sec. 164.  None of the funds made available by this Act or any other 
Act shall be used to impede or hinder project advancement or approval 
for any project seeking a Federal contribution from the capital 
investment grants program of greater than 40 percent of project costs as 
authorized under section 5309 of title 49, United States Code.
    Sec. 165.  For an additional amount for ``Department of 
Transportation--Federal Transit Administration--Capital Investment 
Grants'', $425,000,000, to remain available until expended, for 
allocation to recipients with existing full funding grant agreements 
under sections 5309(d) and 5309(e) of title 49, United States Code:  
Provided, That <<NOTE: Allocations.>>  allocations shall be made only to 
recipients--
            (1) that have received allocations for fiscal year 2022 or 
        that have expended 100 percent of the funds allocated under 
        section 3401(b)(4) of the American Rescue Plan Act of 2021 
        (Public Law 117-2); and
            (2) <<NOTE: Time period.>>  that have a non-capital 
        investment grant share of at least $800,000,000 and either a 
        capital investment grant share of 40 percent or less or signed a 
        full funding grant agreement between January 20, 2017 and 
        January 20, 2021; and
            (3) that have expended at least 75 percent of the 
        allocations received under paragraph (4) of section 3401(b) of 
        the American Rescue Plan Act of 2021 (Public Law 117-2) or 
        expended at least 50 percent of the Federal operating assistance 
        allocations received under section 5307 of title 49, United 
        States Code, in the Coronavirus Aid, Relief, and Economic 
        Security Act (Public Law 116-136), the Coronavirus Response and 
        Relief Supplemental Appropriations Act, 2021 (division M of 
        Public Law 116-260), or the American Rescue Plan Act of 2021 
        (Public Law 117-2):

  Provided further, That recipients with projects open for revenue 
service shall not be eligible to receive an allocation of funding under 
this section:  Provided further, That amounts shall be provided to 
recipients proportionally based on the non-capital investment grant 
share of the project:  Provided further, That no project may receive an 
allocation of more than 15 percent of the total amount in this section:  
Provided further, <<NOTE: Distribution.>>  That the Secretary shall 
proportionally distribute funds in excess of such 15 percent to 
recipients for which the percent of funds does not exceed 15 percent:  
Provided further, That amounts allocated pursuant to this section shall 
be provided to eligible recipients notwithstanding the limitation of any 
calculation of the maximum amount of Federal financial assistance for 
the project under section 5309(k)(2)(C)(ii) of title 49, United States 
Code:  Provided further, <<NOTE: Allocation. Deadline.>>  That the 
Federal Transit Administration shall allocate amounts under this section 
no later than 30 days after the date of enactment of this Act.

    Sec. 166. (a) The remaining unobligated balances, as of September 
30, 2023, from amounts made available to the Department

[[Page 136 STAT. 5131]]

of Transportation in section 422 under title IV of division L of the 
Consolidated Appropriations Act, 2022 (Public Law 117-103) are hereby 
rescinded, and an amount of additional new budget authority equivalent 
to the amount rescinded is hereby appropriated on September 30, 2023, 
for an additional amount for fiscal year 2023, to remain available until 
September 30, 2025, and shall be available for the same purposes and 
under the same authorities for which such amounts were originally 
provided in the Consolidated Appropriations Act, 2019 (Public Law 116-
6).
    (b) The remaining unobligated balances, as of September 30, 2023, 
from amounts made available to the Department of Transportation under 
the heading ``Federal Transit Administration--Capital Investment 
Grants'' in division H of the Further Consolidated Appropriations Act, 
2020 (Public Law 116-94) are hereby rescinded, and an amount of 
additional new budget authority equivalent to the amount rescinded is 
hereby appropriated on September 30, 2023, for an additional amount for 
fiscal year 2023, to remain available until September 30, 2025, and 
shall be available for the same purposes and under the same authorities 
for which such amounts were originally provided in Public Law 116-94.
    Sec. 167.  Any unexpended balances from amounts previously 
appropriated for low or no emission vehicle component assessment under 
49 U.S.C. 5312(h) under the headings ``Transit Formula Grants'' and 
``Transit Infrastructure Grants'' in fiscal years 2021 and 2022 may be 
used by the facilities selected for such vehicle component assessment 
for capital projects in order to build new infrastructure and enhance 
existing facilities in order to expand component testing capability, in 
accordance with the industry stakeholder testing objectives and 
capabilities as outlined through the work of the Federal Transit 
Administration Transit Vehicle Innovation and Deployment Centers program 
and included in the Center for Transportation and the Environment report 
submitted to the Federal Transit Administration for review.

         Great Lakes St. Lawrence Seaway Development Corporation

    The <<NOTE: Contracts.>>  Great Lakes St. Lawrence Seaway 
Development Corporation is hereby authorized to make such expenditures, 
within the limits of funds and borrowing authority available to the 
Corporation, and in accord with law, and to make such contracts and 
commitments without regard to fiscal year limitations, as provided by 
section 9104 of title 31, United States Code, as may be necessary in 
carrying out the programs set forth in the Corporation's budget for the 
current fiscal year.

                       operations and maintenance

                     (harbor maintenance trust fund)

    For necessary expenses to conduct the operations, maintenance, and 
capital infrastructure activities on portions of the St. Lawrence Seaway 
owned, operated, and maintained by the Great Lakes St. Lawrence Seaway 
Development Corporation, $38,500,000, to be derived from the Harbor 
Maintenance Trust Fund, pursuant to section 210 of the Water Resources 
Development Act of 1986 (33 U.S.C. 2238):  Provided, That of the amounts 
made available under this heading, not less than $14,800,000 shall be 
for the seaway infrastructure program.

[[Page 136 STAT. 5132]]

                         Maritime Administration

                        maritime security program

                     (including rescission of funds)

    For necessary expenses to maintain and preserve a U.S.-flag merchant 
fleet as authorized under chapter 531 of title 46, United States Code, 
to serve the national security needs of the United States, $318,000,000, 
to remain available until expended:  Provided, That of the unobligated 
balances from prior year appropriations available under this heading, 
$55,000,000 are hereby permanently rescinded.

                          cable security fleet

    For the cable security fleet program, as authorized under chapter 
532 of title 46, United States Code, $10,000,000, to remain available 
until expended.

                         tanker security program

    For Tanker Security Fleet payments, as authorized under section 
53406 of title 46, United States Code, $60,000,000, to remain available 
until expended.

                         operations and training

    For necessary expenses of operations and training activities 
authorized by law, $213,181,000:  Provided, That of the sums 
appropriated under this heading--
            (1) $87,848,000 shall remain available until September 30, 
        2024, for the operations of the United States Merchant Marine 
        Academy;
            (2) $11,900,000 shall remain available until expended, for 
        facilities maintenance and repair, and equipment, at the United 
        States Merchant Marine Academy;
            (3) $31,921,000 shall remain available until expended, for 
        capital improvements at the United States Merchant Marine 
        Academy;
            (4) $6,000,000 shall remain available until September 30, 
        2024, for the Maritime Environmental and Technical Assistance 
        program authorized under section 50307 of title 46, United 
        States Code; and
            (5) $10,000,000 shall remain available until expended, for 
        the America's Marine Highway Program to make grants for the 
        purposes authorized under paragraphs (1) and (3) of section 
        55601(b) of title 46, United States Code:

  Provided further, <<NOTE: Reports. Sexual assault and harassment.>>  
That the Administrator of the Maritime Administration shall transmit to 
the House and Senate Committees on Appropriations the annual report on 
sexual assault and sexual harassment at the United States Merchant 
Marine Academy as required pursuant to section 3510 of the National 
Defense Authorization Act for fiscal year 2017 (46 U.S.C. 51318):  
Provided further, That available balances under this heading for the 
Short Sea Transportation Program (now known as the America's Marine 
Highway Program) from prior year recoveries shall be available

[[Page 136 STAT. 5133]]

to carry out activities authorized under paragraphs (1) and (3) of 
section 55601(b) of title 46, United States Code.

                    state maritime academy operations

    For necessary expenses of operations, support, and training 
activities for State Maritime Academies, $120,700,000:  Provided, That 
of the sums appropriated under this heading--
            (1) <<NOTE: Determination.>>  $30,500,000 shall remain 
        available until expended, for maintenance, repair, life 
        extension, insurance, and capacity improvement of National 
        Defense Reserve Fleet training ships, and for support of 
        training ship operations at the State Maritime Academies, of 
        which not more than $8,000,000 shall be for expenses related to 
        training mariners, and for costs associated with training vessel 
        sharing pursuant to section 51504(g)(3) of title 46, United 
        States Code, for costs associated with mobilizing, operating and 
        demobilizing the vessel; travel costs for students, faculty and 
        crew; and the costs of the general agent, crew costs, fuel, 
        insurance, operational fees, and vessel hire costs, as 
        determined by the Secretary;
            (2) <<NOTE: Determination.>>  $75,000,000 shall remain 
        available until expended, for the National Security Multi-
        Mission Vessel Program, including funds for construction, 
        planning, administration, and design of school ships and, as 
        determined by the Secretary, necessary expenses to design, plan, 
        construct infrastructure, and purchase equipment necessary to 
        berth such ships;
            (3) $2,400,000 shall remain available until September 30, 
        2027, for the Student Incentive Program;
            (4) $6,800,000 shall remain available until expended, for 
        training ship fuel assistance; and
            (5) $6,000,000 shall remain available until September 30, 
        2024, for direct payments for State Maritime Academies:

  Provided further, That the Administrator of the Maritime 
Administration may use the funds made available under paragraph (2) and 
the funds provided for shoreside infrastructure improvements in Public 
Law 117-103 for the purposes described in paragraph (2):  Provided 
further, <<NOTE: Reimbursement.>>  That such funds may be used to 
reimburse State Maritime Academies for costs incurred prior to the date 
of enactment of this Act.

                      assistance to small shipyards

    To make grants to qualified shipyards as authorized under section 
54101 of title 46, United States Code, $20,000,000, to remain available 
until expended.

                              ship disposal

                     (including rescission of funds)

    For necessary expenses related to the disposal of obsolete vessels 
in the National Defense Reserve Fleet of the Maritime Administration, 
$6,000,000, to remain available until expended:  Provided, That of the 
unobligated balances from prior year appropriations made available under 
this heading, $12,000,000 are hereby permanently rescinded.

[[Page 136 STAT. 5134]]

           maritime guaranteed loan (title xi) program account

                      (including transfer of funds)

    For administrative expenses to carry out the guaranteed loan 
program, $3,000,000, which shall be transferred to and merged with the 
appropriations for ``Maritime Administration--Operations and Training''.

                 port infrastructure development program

    To make grants to improve port facilities as authorized under 
section 54301 of title 46, United States Code, $212,203,512, to remain 
available until expended:  Provided, That projects eligible for amounts 
made available under this heading in this Act shall be projects for 
coastal seaports, inland river ports, or Great Lakes ports:  Provided 
further, That of the amounts made available under this heading in this 
Act, not less than $187,203,512 shall be for coastal seaports or Great 
Lakes ports:  Provided further, <<NOTE: Applicability.>>  That the 
requirements under section 3501(a)(12) of the National Defense 
Authorization Act for Fiscal Year 2022 (Public Law 117-81) shall apply 
to amounts made available under this heading in this Act:  Provided 
further, That for grants awarded under this heading in this Act, the 
minimum grant size shall be $1,000,000:  Provided further, That for 
amounts made available under this heading in this Act, the requirement 
under section 54301(a)(6)(A)(ii) of title 46, United States Code, shall 
not apply to projects located in noncontiguous States or territories.

            administrative provision--maritime administration

    Sec. 170.  Notwithstanding any other provision of this Act, in 
addition to any existing authority, the Maritime Administration is 
authorized to furnish utilities and services and make necessary repairs 
in connection with any lease, contract, or occupancy involving 
Government property under control of the Maritime Administration:  
Provided, That payments received therefor shall be credited to the 
appropriation charged with the cost thereof and shall remain available 
until expended:  Provided further, That rental payments under any such 
lease, contract, or occupancy for items other than such utilities, 
services, or repairs shall be deposited into the Treasury as 
miscellaneous receipts.

         Pipeline and Hazardous Materials Safety Administration

                          operational expenses

    For necessary operational expenses of the Pipeline and Hazardous 
Materials Safety Administration, $29,936,000, of which $4,500,000 shall 
remain available until September 30, 2025.

                       hazardous materials safety

    For expenses necessary to discharge the hazardous materials safety 
functions of the Pipeline and Hazardous Materials Safety Administration, 
$70,743,000, of which $12,070,000 shall remain available until September 
30, 2025, of which $1,000,000 shall be made available for carrying out 
section 5107(i) of title 49, United

[[Page 136 STAT. 5135]]

States Code:  Provided, That up to $800,000 in fees collected under 
section 5108(g) of title 49, United States Code, shall be deposited in 
the general fund of the Treasury as offsetting receipts:  Provided 
further, That there may be credited to this appropriation, to be 
available until expended, funds received from States, counties, 
municipalities, other public authorities, and private sources for 
expenses incurred for training, for reports publication and 
dissemination, and for travel expenses incurred in performance of 
hazardous materials exemptions and approvals functions.

                             pipeline safety

                         (pipeline safety fund)

                    (oil spill liability trust fund)

    For expenses necessary to carry out a pipeline safety program, as 
authorized by section 60107 of title 49, United States Code, and to 
discharge the pipeline program responsibilities of the Oil Pollution Act 
of 1990 (Public Law 101-380), $190,385,000, to remain available until 
September 30, 2025, of which $29,000,000 shall be derived from the Oil 
Spill Liability Trust Fund; of which $153,985,000 shall be derived from 
the Pipeline Safety Fund; of which $400,000 shall be derived from the 
fees collected under section 60303 of title 49, United States Code, and 
deposited in the Liquefied Natural Gas Siting Account for compliance 
reviews of liquefied natural gas facilities; and of which $7,000,000 
shall be derived from fees collected under section 60302 of title 49, 
United States Code, and deposited in the Underground Natural Gas Storage 
Facility Safety Account for the purpose of carrying out section 60141 of 
title 49, United States Code:  Provided, That not less than $1,058,000 
of the amounts made available under this heading shall be for the One-
Call State grant program:  Provided 
further, <<NOTE: Requirements. Notifications. Deadline.>>  That any 
amounts made available under this heading in this Act or in prior Acts 
for research contracts, grants, cooperative agreements or research other 
transactions agreements (``OTAs'') shall require written notification to 
the House and Senate Committees on Appropriations not less than 3 full 
business days before such research contracts, grants, cooperative 
agreements, or research OTAs are announced by the Department of 
Transportation:  Provided further, <<NOTE: Reports.>> That the Secretary 
shall transmit to the House and Senate Committees on Appropriations the 
report on pipeline safety testing enhancement as required pursuant to 
section 105 of the Protecting our Infrastructure of Pipelines and 
Enhancing Safety Act of 2020 (division R of Public Law 116-
260): <<NOTE: Research plan. Approvals.>>   Provided further, That the 
Secretary may obligate amounts made available under this heading to 
engineer, erect, alter, and repair buildings or make any other public 
improvements for research facilities at the Transportation Technology 
Center after the Secretary submits an updated research plan and the 
report in the preceding proviso to the House and Senate Committees on 
Appropriations and after such plan and report in the preceding proviso 
are approved by the House and Senate Committees on Appropriations.

[[Page 136 STAT. 5136]]

                      emergency preparedness grants

                       (limitation on obligations)

                      (emergency preparedness fund)

    For expenses necessary to carry out the Emergency Preparedness 
Grants program, not more than $28,318,000 shall remain available until 
September 30, 2025, from amounts made available by section 5116(h) and 
subsections (b) and (c) of section 5128 of title 49, United States Code: 
 Provided, That notwithstanding section 5116(h)(4) of title 49, United 
States Code, not more than 4 percent of the amounts made available from 
this account shall be available to pay the administrative costs of 
carrying out sections 5116, 5107(e), and 5108(g)(2) of title 49, United 
States Code:  Provided further, That notwithstanding subsections (b) and 
(c) of section 5128 of title 49, United States Code, and the limitation 
on obligations provided under this heading, prior year recoveries 
recognized in the current year shall be available to develop and deliver 
hazardous materials emergency response training for emergency 
responders, including response activities for the transportation of 
crude oil, ethanol, flammable liquids, and other hazardous commodities 
by rail, consistent with National Fire Protection Association standards, 
and to make such training available through an electronic format:  
Provided further, That the prior year recoveries made available under 
this heading shall also be available to carry out sections 
5116(a)(1)(C), 5116(h), 5116(i), 5116(j), and 5107(e) of title 49, 
United States Code.

                       Office of Inspector General

                          salaries and expenses

    For necessary expenses of the Office of Inspector General to carry 
out the provisions of the Inspector General Act of 1978, as amended, 
$108,073,000:  Provided, That the Inspector General shall have all 
necessary authority, in carrying out the duties specified in the 
Inspector General Act, as amended (5 U.S.C. App.), to investigate 
allegations of fraud, including false statements to the government (18 
U.S.C. 1001), by any person or entity that is subject to regulation by 
the Department of Transportation.

            General Provisions--Department of Transportation

    Sec. 180. (a) During the current fiscal year, applicable 
appropriations to the Department of Transportation shall be available 
for maintenance and operation of aircraft; hire of passenger motor 
vehicles and aircraft; purchase of liability insurance for motor 
vehicles operating in foreign countries on official department business; 
and uniforms or allowances therefor, as authorized by sections 5901 and 
5902 of title 5, United States Code.
    (b) During the current fiscal year, applicable appropriations to the 
Department and its operating administrations shall be available for the 
purchase, maintenance, operation, and deployment of unmanned aircraft 
systems that advance the missions of the Department of Transportation or 
an operating administration of the Department of Transportation.

[[Page 136 STAT. 5137]]

    (c) Any unmanned aircraft system purchased, procured, or contracted 
for by the Department prior to the date of enactment of this Act shall 
be deemed authorized by Congress as if this provision was in effect when 
the system was purchased, procured, or contracted for.
    Sec. 181.  Appropriations contained in this Act for the Department 
of Transportation shall be available for services as authorized by 
section 3109 of title 5, United States Code, but at rates for 
individuals not to exceed the per diem rate equivalent to the rate for 
an Executive Level IV.
    Sec. 182. (a) No recipient of amounts made available by this Act 
shall disseminate personal information (as defined in section 2725(3) of 
title 18, United States Code) obtained by a State department of motor 
vehicles in connection with a motor vehicle record as defined in section 
2725(1) of title 18, United States Code, except as provided in section 
2721 of title 18, United States Code, for a use permitted under section 
2721 of title 18, United States Code.
    (b) Notwithstanding subsection (a), the Secretary shall not withhold 
amounts made available by this Act for any grantee if a State is in 
noncompliance with this provision.
    Sec. 183.  None of the funds made available by this Act shall be 
available for salaries and expenses of more than 125 political and 
Presidential appointees in the Department of Transportation:  Provided, 
That none of the personnel covered by this provision may be assigned on 
temporary detail outside the Department of Transportation.
    Sec. 184.  Funds received by the Federal Highway Administration and 
Federal Railroad Administration from States, counties, municipalities, 
other public authorities, and private sources for expenses incurred for 
training may be credited respectively to the Federal Highway 
Administration's ``Federal-Aid Highways'' account and to the Federal 
Railroad Administration's ``Safety and Operations'' account, except for 
State rail safety inspectors participating in training pursuant to 
section 20105 of title 49, United States Code.
    Sec. 185. 
<<NOTE: Loans. Contracts. Grants. Notifications. Deadline.>>  None of 
the funds made available by this Act or in title VIII of division J of 
Public Law 117-58 to the Department of Transportation may be used to 
make a loan, loan guarantee, line of credit, letter of intent, federally 
funded cooperative agreement, full funding grant agreement, or 
discretionary grant unless the Secretary of Transportation notifies the 
House and Senate Committees on Appropriations not less than 3 full 
business days before any project competitively selected to receive any 
discretionary grant award, letter of intent, loan commitment, loan 
guarantee commitment, line of credit commitment, federally funded 
cooperative agreement, or full funding grant agreement is announced by 
the Department or its operating administrations:  
Provided, <<NOTE: List.>>  That the Secretary of Transportation shall 
provide the House and Senate Committees on Appropriations with a 
comprehensive list of all such loans, loan guarantees, lines of credit, 
letters of intent, federally funded cooperative agreements, full funding 
grant agreements, and discretionary grants prior to the notification 
required under the preceding proviso:  Provided 
further, <<NOTE: Notifications.>>  That the Secretary gives concurrent 
notification to the House and Senate Committees on Appropriations for 
any ``quick release'' of funds from the emergency relief program:  
Provided further, That no notification shall involve funds that are not 
available for obligation.

[[Page 136 STAT. 5138]]

    Sec. 186.  Rebates, refunds, incentive payments, minor fees, and 
other funds received by the Department of Transportation from travel 
management centers, charge card programs, the subleasing of building 
space, and miscellaneous sources are to be credited to appropriations of 
the Department of Transportation and allocated to organizational units 
of the Department of Transportation using fair and equitable criteria 
and such funds shall be available until expended.
    Sec. 187.  <<NOTE: Reprogramming notice. Approvals.>>  
Notwithstanding any other provision of law, if any funds provided by or 
limited by this Act are subject to a reprogramming action that requires 
notice to be provided to the House and Senate Committees on 
Appropriations, transmission of such reprogramming notice shall be 
provided solely to the House and Senate Committees on Appropriations, 
and such reprogramming action shall be approved or denied solely by the 
House and Senate Committees on Appropriations:  
Provided, <<NOTE: Deadline.>>  That the Secretary of Transportation may 
provide notice to other congressional committees of the action of the 
House and Senate Committees on Appropriations on such reprogramming but 
not sooner than 30 days after the date on which the reprogramming action 
has been approved or denied by the House and Senate Committees on 
Appropriations.

    Sec. 188.  Funds appropriated by this Act to the operating 
administrations may be obligated for the Office of the Secretary for the 
costs related to assessments or reimbursable agreements only when such 
amounts are for the costs of goods and services that are purchased to 
provide a direct benefit to the applicable operating administration or 
administrations.
    Sec. 189.  The Secretary of Transportation is authorized to carry 
out a program that establishes uniform standards for developing and 
supporting agency transit pass and transit benefits authorized under 
section 7905 of title 5, United States Code, including distribution of 
transit benefits by various paper and electronic media.
    Sec. 190.  <<NOTE: Contracts. Certification.>>  The Department of 
Transportation may use funds provided by this Act, or any other Act, to 
assist a contract under title 49 or 23 of the United States Code 
utilizing geographic, economic, or any other hiring preference not 
otherwise authorized by law, or to amend a rule, regulation, policy or 
other measure that forbids a recipient of a Federal Highway 
Administration or Federal Transit Administration grant from imposing 
such hiring preference on a contract or construction project with which 
the Department of Transportation is assisting, only if the grant 
recipient certifies the following:
            (1) that except with respect to apprentices or trainees, a 
        pool of readily available but unemployed individuals possessing 
        the knowledge, skill, and ability to perform the work that the 
        contract requires resides in the jurisdiction;
            (2) that the grant recipient will include appropriate 
        provisions in its bid document ensuring that the contractor does 
        not displace any of its existing employees in order to satisfy 
        such hiring preference; and
            (3) that any increase in the cost of labor, training, or 
        delays resulting from the use of such hiring preference does not 
        delay or displace any transportation project in the applicable 
        Statewide Transportation Improvement Program or Transportation 
        Improvement Program.

[[Page 136 STAT. 5139]]

    Sec. 191.  <<NOTE: Coordination. Contracts. Updates.>>  The 
Secretary of Transportation shall coordinate with the Secretary of 
Homeland Security to ensure that best practices for Industrial Control 
Systems Procurement are up-to-date and shall ensure that systems 
procured with funds provided under this title were procured using such 
practices.

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

      TITLE II <<NOTE: Department of Housing and Urban Development 
Appropriations Act, 2022.>> 

               DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

                      Management and Administration

                            executive offices

    For necessary salaries and expenses for Executive Offices, which 
shall be comprised of the offices of the Secretary, Deputy Secretary, 
Adjudicatory Services, Congressional and Intergovernmental Relations, 
Public Affairs, Small and Disadvantaged Business Utilization, and the 
Center for Faith-Based and Neighborhood Partnerships, $18,500,000, to 
remain available until September 30, 2024:  Provided, That not to exceed 
$25,000 of the amount made available under this heading shall be 
available to the Secretary of Housing and Urban Development (referred to 
in this title as ``the Secretary'') for official reception and 
representation expenses as the Secretary may determine.

                     administrative support offices

    For necessary salaries and expenses for Administrative Support 
Offices, $659,600,000, to remain available until September 30, 2024:  
Provided, That of the sums appropriated under this heading--
            (1) $90,000,000 shall be available for the Office of the 
        Chief Financial Officer;
            (2) $125,000,000 shall be available for the Office of the 
        General Counsel, of which not less than $20,300,000 shall be for 
        the Departmental Enforcement Center;
            (3) $225,000,000 shall be available for the Office of 
        Administration, of which not less than $3,500,000 may be for 
        modernization and deferred maintenance of the Weaver Building;
            (4) $51,500,000 shall be available for the Office of the 
        Chief Human Capital Officer;
            (5) $28,000,000 shall be available for the Office of the 
        Chief Procurement Officer;
            (6) $65,500,000 shall be available for the Office of Field 
        Policy and Management;
            (7) $4,600,000 shall be available for the Office of 
        Departmental Equal Employment Opportunity; and
            (8) $70,000,000 shall be available for the Office of the 
        Chief Information Officer:

  Provided further, That funds made available under this heading may be 
used for necessary administrative and non-administrative expenses of the 
Department, not otherwise provided for, including purchase of uniforms, 
or allowances therefor, as authorized by sections 5901 and 5902 of title 
5, United States Code; hire of passenger motor vehicles; and services as 
authorized by section

[[Page 136 STAT. 5140]]

3109 of title 5, United States Code:  Provided further, That 
notwithstanding any other provision of law, funds appropriated under 
this heading may be used for advertising and promotional activities that 
directly support program activities funded in this title:  Provided 
further, <<NOTE: Time period. Notification. Reports.>>  That the 
Secretary shall provide the House and Senate Committees on 
Appropriations quarterly written notification regarding the status of 
pending congressional reports:  Provided further, <<NOTE: Reports.>>  
That the Secretary shall provide in electronic form all signed reports 
required by Congress.

                             program offices

    For necessary salaries and expenses for Program Offices, 
$1,054,300,000, to remain available until September 30, 2024:  Provided, 
That of the sums appropriated under this heading--
            (1) $278,200,000 shall be available for the Office of Public 
        and Indian Housing;
            (2) $163,400,000 shall be available for the Office of 
        Community Planning and Development;
            (3) $465,000,000 shall be available for the Office of 
        Housing, of which not less than $13,300,000 shall be for the 
        Office of Recapitalization;
            (4) $39,600,000 shall be available for the Office of Policy 
        Development and Research;
            (5) $97,000,000 shall be available for the Office of Fair 
        Housing and Equal Opportunity; and
            (6) $11,100,000 shall be available for the Office of Lead 
        Hazard Control and Healthy Homes.

                          working capital fund

                      (including transfer of funds)

    For the working capital fund for the Department of Housing and Urban 
Development (referred to in this paragraph as the ``Fund''), pursuant, 
in part, to section 7(f) of the Department of Housing and Urban 
Development Act (42 U.S.C. 3535(f)), amounts transferred, including 
reimbursements pursuant to section 7(f), to the Fund under this heading 
shall be available only for Federal shared services used by offices and 
agencies of the Department, and for any such portion of any office or 
agency's printing, records management, space renovation, furniture, or 
supply services the Secretary has determined shall be provided through 
the Fund, and the operational expenses of the Fund:  Provided, That 
amounts within the Fund shall not be available to provide services not 
specifically authorized under this heading:  Provided 
further, <<NOTE: Determination.>>  That upon a determination by the 
Secretary that any other service (or portion thereof) authorized under 
this heading shall be provided through the Fund, amounts made available 
in this title for salaries and expenses under the headings ``Executive 
Offices'', ``Administrative Support Offices'', ``Program Offices'', and 
``Government National Mortgage Association'', for such services shall be 
transferred to the Fund, to remain available until expended:  Provided 
further, <<NOTE: Advance notice.>>  That the Secretary shall notify the 
House and Senate Committees on Appropriations of its plans for executing 
such transfers at least 15 days in advance of such transfers.

[[Page 136 STAT. 5141]]

                        Public and Indian Housing

tenant-based rental assistance <<NOTE: Vouchers.>> 

    For activities and assistance for the provision of tenant-based 
rental assistance authorized under the United States Housing Act of 
1937, as amended (42 U.S.C. 1437 et seq.) (in this title ``the Act''), 
not otherwise provided for, $23,599,532,000, to remain available until 
expended, which shall be available on October 1, 2022 (in addition to 
the $4,000,000,000 previously appropriated under this heading that shall 
be available on October 1, 2022), and $4,000,000,000, to remain 
available until expended, which shall be available on October 1, 2023:  
Provided, That of the sums appropriated under this heading--
            (1) <<NOTE: Determinations.>>  $23,748,420,000 shall be 
        available for renewals of expiring section 8 tenant-based annual 
        contributions contracts (including renewals of enhanced vouchers 
        under any provision of law authorizing such assistance under 
        section 8(t) of the Act) and including renewal of other special 
        purpose incremental vouchers:  Provided, <<NOTE: Notice. Federal 
        Register, publication.>>  That notwithstanding any other 
        provision of law, from amounts provided under this paragraph and 
        any carryover, the Secretary for the calendar year 2023 funding 
        cycle shall provide renewal funding for each public housing 
        agency based on validated voucher management system (VMS) 
        leasing and cost data for the prior calendar year and by 
        applying an inflation factor as established by the Secretary, by 
        notice published in the Federal Register, and by making any 
        necessary adjustments for the costs associated with the first-
        time renewal of vouchers under this paragraph including tenant 
        protection and Choice Neighborhoods vouchers:  Provided further, 
        That none of the funds provided under this paragraph may be used 
        to fund a total number of unit months under lease which exceeds 
        a public housing agency's authorized level of units under 
        contract, except for public housing agencies participating in 
        the Moving to Work (MTW) demonstration, which are instead 
        governed in accordance with the requirements of the MTW 
        demonstration program or their MTW agreements, if any:  Provided 
        further, That the Secretary shall, to the extent necessary to 
        stay within the amount specified under this paragraph (except as 
        otherwise modified under this paragraph), prorate each public 
        housing agency's allocation otherwise established pursuant to 
        this paragraph:  Provided 
        further, <<NOTE: Notification. Deadlines.>>  That except as 
        provided in the following provisos, the entire amount specified 
        under this paragraph (except as otherwise modified under this 
        paragraph) shall be obligated to the public housing agencies 
        based on the allocation and pro rata method described above, and 
        the Secretary shall notify public housing agencies of their 
        annual budget by the latter of 60 days after enactment of this 
        Act or March 1, 2023: <<NOTE: Extension. Advance approval.>>   
        Provided further, That the Secretary may extend the notification 
        period with the prior written approval of the House and Senate 
        Committees on Appropriations:  Provided further, That public 
        housing agencies participating in the MTW demonstration shall be 
        funded in accordance with the requirements of the MTW 
        demonstration program or their MTW agreements, if any, and shall 
        be subject to the same pro rata adjustments under the preceding 
        provisos:  Provided further, That the Secretary may offset 
        public housing

[[Page 136 STAT. 5142]]

        agencies' calendar year 2023 allocations based on the excess 
        amounts of public housing agencies' net restricted assets 
        accounts, including HUD-held programmatic reserves (in 
        accordance with VMS data in calendar year 2022 that is 
        verifiable and complete), as determined by the Secretary:  
        Provided further, That public housing agencies participating in 
        the MTW demonstration shall also be subject to the offset, as 
        determined by the Secretary, excluding amounts subject to the 
        single fund budget authority provisions of their MTW agreements, 
        from the agencies' calendar year 2023 MTW funding allocation:  
        Provided further, That the Secretary shall use any offset 
        referred to in the preceding two provisos throughout the 
        calendar year to prevent the termination of rental assistance 
        for families as the result of insufficient funding, as 
        determined by the Secretary, and to avoid or reduce the 
        proration of renewal funding allocations:  Provided further, 
        That up to $200,000,000 shall be available only:
                    (A) for adjustments in the allocations for public 
                housing agencies, after application for an adjustment by 
                a public housing agency that experienced a significant 
                increase, as determined by the Secretary, in renewal 
                costs of vouchers resulting from unforeseen 
                circumstances or from portability under section 8(r) of 
                the Act;
                    (B) <<NOTE: Time period.>>  for vouchers that were 
                not in use during the previous 12-month period in order 
                to be available to meet a commitment pursuant to section 
                8(o)(13) of the Act, or an adjustment for a funding 
                obligation not yet expended in the previous calendar 
                year for a MTW-eligible activity to develop affordable 
                housing for an agency added to the MTW demonstration 
                under the expansion authority provided in section 239 of 
                the Transportation, Housing and Urban Development, and 
                Related Agencies Appropriations Act, 2016 (division L of 
                Public Law 114-113);
                    (C) for adjustments for costs associated with HUD-
                Veterans Affairs Supportive Housing (HUD-VASH) vouchers;
                    (D) for public housing agencies that despite taking 
                reasonable cost savings measures, as determined by the 
                Secretary, would otherwise be required to terminate 
                rental assistance for families as a result of 
                insufficient funding;
                    (E) for adjustments in the allocations for public 
                housing agencies that--
                          (i) are leasing a lower-than-average 
                      percentage of their authorized vouchers,
                          (ii) have low amounts of budget authority in 
                      their net restricted assets accounts and HUD-held 
                      programmatic reserves, relative to other agencies, 
                      and
                          (iii) are not participating in the Moving to 
                      Work demonstration, to enable such agencies to 
                      lease more vouchers;
                    (F) for withheld payments in accordance with section 
                8(o)(8)(A)(ii) of the Act for months in the previous 
                calendar year that were subsequently paid by the public 
                housing agency after the agency's actual costs were 
                validated; and
                    (G) for public housing agencies that have 
                experienced increased costs or loss of units in an area 
                for which the President declared a disaster under title 
                IV of the Robert

[[Page 136 STAT. 5143]]

                T. Stafford Disaster Relief and Emergency Assistance Act 
                (42 U.S.C. 5170 et seq.):
          Provided further, <<NOTE: Allocation.>>  That the Secretary 
        shall allocate amounts under the preceding proviso based on 
        need, as determined by the Secretary;
            (2) $337,000,000 shall be available for section 8 rental 
        assistance for relocation and replacement of housing units that 
        are demolished or disposed of pursuant to section 18 of the Act, 
        conversion of section 23 projects to assistance under section 8, 
        relocation of witnesses (including victims of violent crimes) in 
        connection with efforts to combat crime in public and assisted 
        housing pursuant to a request from a law enforcement or 
        prosecution agency, enhanced vouchers under any provision of law 
        authorizing such assistance under section 8(t) of the Act, 
        Choice Neighborhood vouchers, mandatory and voluntary 
        conversions, and tenant protection assistance including 
        replacement and relocation assistance or for project-based 
        assistance to prevent the displacement of unassisted elderly 
        tenants currently residing in section 202 properties financed 
        between 1959 and 1974 that are refinanced pursuant to Public Law 
        106-569, as amended, or under the authority as provided under 
        this Act:  Provided, That when a public housing development is 
        submitted for demolition or disposition under section 18 of the 
        Act, the Secretary may provide section 8 rental assistance when 
        the units pose an imminent health and safety risk to residents:  
        Provided further, That the Secretary may provide section 8 
        rental assistance from amounts made available under this 
        paragraph for units assisted under a project-based subsidy 
        contract funded under the ``Project-Based Rental Assistance'' 
        heading under this title where the owner has received a Notice 
        of Default and the units pose an imminent health and safety risk 
        to residents:  Provided further, That of the amounts made 
        available under this paragraph, no less than $5,000,000 may be 
        available to provide tenant protection assistance, not otherwise 
        provided under this paragraph, to residents residing in low 
        vacancy areas and who may have to pay rents greater than 30 
        percent of household income, as the result of: (A) the maturity 
        of a HUD-insured, HUD-held or section 202 loan that requires the 
        permission of the Secretary prior to loan prepayment; (B) the 
        expiration of a rental assistance contract for which the tenants 
        are not eligible for enhanced voucher or tenant protection 
        assistance under existing law; or (C) the expiration of 
        affordability restrictions accompanying a mortgage or 
        preservation program administered by the Secretary:  Provided 
        further, That such tenant protection assistance made available 
        under the preceding proviso may be provided under the authority 
        of section 8(t) or section 8(o)(13) of the Act:  Provided 
        further, <<NOTE: Notice.>>  That any tenant protection voucher 
        made available from amounts under this paragraph shall not be 
        reissued by any public housing agency, except the replacement 
        vouchers as defined by the Secretary by notice, when the initial 
        family that received any such voucher no longer receives such 
        voucher, and the authority for any public housing agency to 
        issue any such voucher shall cease to exist:  Provided 
        further, <<NOTE: Time period.>>  That the Secretary may only 
        provide replacement vouchers for units that were occupied within 
        the previous 24 months

[[Page 136 STAT. 5144]]

        that cease to be available as assisted housing, subject only to 
        the availability of funds;
            (3) $2,777,612,000 shall be available for administrative and 
        other expenses of public housing agencies in administering the 
        section 8 tenant-based rental assistance program, of which up to 
        $30,000,000 shall be available to the Secretary to allocate to 
        public housing agencies that need additional funds to administer 
        their section 8 programs, including fees associated with section 
        8 tenant protection rental assistance, the administration of 
        disaster related vouchers, HUD-VASH vouchers, and other special 
        purpose incremental vouchers:  Provided, That no less than 
        $2,747,612,000 of the amount provided in this paragraph shall be 
        allocated to public housing agencies for the calendar year 2023 
        funding cycle based on section 8(q) of the Act (and related 
        Appropriation Act provisions) as in effect immediately before 
        the enactment of the Quality Housing and Work Responsibility Act 
        of 1998 (Public Law 105-276):  Provided further, That if the 
        amounts made available under this paragraph are insufficient to 
        pay the amounts determined under the preceding proviso, the 
        Secretary may decrease the amounts allocated to agencies by a 
        uniform percentage applicable to all agencies receiving funding 
        under this paragraph or may, to the extent necessary to provide 
        full payment of amounts determined under the preceding proviso, 
        utilize unobligated balances, including recaptures and 
        carryover, remaining from funds appropriated to the Department 
        of Housing and Urban Development under this heading from prior 
        fiscal years, excluding special purpose vouchers, 
        notwithstanding the purposes for which such amounts were 
        appropriated:  Provided further, That all public housing 
        agencies participating in the MTW demonstration shall be funded 
        in accordance with the requirements of the MTW demonstration 
        program or their MTW agreements, if any, and shall be subject to 
        the same uniform percentage decrease as under the preceding 
        proviso:  Provided further, That amounts provided under this 
        paragraph shall be only for activities related to the provision 
        of tenant-based rental assistance authorized under section 8, 
        including related development activities;
            (4) $606,500,000 shall be available for the renewal of 
        tenant-based assistance contracts under section 811 of the 
        Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 
        8013), including necessary administrative expenses:  Provided, 
        That administrative and other expenses of public housing 
        agencies in administering the special purpose vouchers in this 
        paragraph shall be funded under the same terms and be subject to 
        the same pro rata reduction as the percent decrease for 
        administrative and other expenses to public housing agencies 
        under paragraph (3) of this heading:  Provided further, That up 
        to $10,000,000 shall be available only--
                    (A) for adjustments in the allocation for public 
                housing agencies, after applications for an adjustment 
                by a public housing agency that experienced a 
                significant increase, as determined by the Secretary, in 
                Mainstream renewal costs resulting from unforeseen 
                circumstances; and
                    (B) for public housing agencies that despite taking 
                reasonable cost savings measures, as determined by the 
                Secretary, would otherwise be required to terminate the

[[Page 136 STAT. 5145]]

                rental assistance for Mainstream families as a result of 
                insufficient funding:
          Provided further, <<NOTE: Allocation.>>  That the Secretary 
        shall allocate amounts under the preceding proviso based on 
        need, as determined by the Secretary:  Provided further, That 
        upon turnover, section 811 special purpose vouchers funded under 
        this heading in this or prior Acts, or under any other heading 
        in prior Acts, shall be provided to non-elderly persons with 
        disabilities;
            (5) Of the amounts provided under paragraph (1), up to 
        $7,500,000 shall be available for rental assistance and 
        associated administrative fees for Tribal HUD-VASH to serve 
        Native American veterans that are homeless or at-risk of 
        homelessness living on or near a reservation or other Indian 
        areas:  Provided, That <<NOTE: Grants.>> such amount shall be 
        made available for renewal grants to recipients that received 
        assistance under prior Acts under the Tribal HUD-VASH program:  
        Provided further, <<NOTE: Criteria. Data.>>  That the Secretary 
        shall be authorized to specify criteria for renewal grants, 
        including data on the utilization of assistance reported by 
        grant recipients:  Provided further, That such assistance shall 
        be administered in accordance with program requirements under 
        the Native American Housing Assistance and Self-Determination 
        Act of 1996 and modeled after the HUD-VASH program:  Provided 
        further, <<NOTE: Waiver authority. Requirements.>>  That the 
        Secretary shall be authorized to waive, or specify alternative 
        requirements for any provision of any statute or regulation that 
        the Secretary administers in connection with the use of funds 
        made available under this paragraph (except for requirements 
        related to fair housing, nondiscrimination, labor standards, and 
        the environment), upon a finding by the Secretary that any such 
        waivers or alternative requirements are necessary for the 
        effective delivery and administration of such assistance:  
        Provided further, <<NOTE: Reports. Data.>>  That grant 
        recipients shall report to the Secretary on utilization of such 
        rental assistance and other program data, as prescribed by the 
        Secretary:  Provided 
        further, <<NOTE: Reallocation. Determination.>>  That the 
        Secretary may reallocate, as determined by the Secretary, 
        amounts returned or recaptured from awards under the Tribal HUD-
        VASH program under prior Acts to existing recipients under the 
        Tribal HUD-VASH program;
            (6) $50,000,000 shall be available for incremental rental 
        voucher assistance for use through a supported housing program 
        administered in conjunction with the Department of Veterans 
        Affairs as authorized under section 8(o)(19) of the United 
        States Housing Act of 1937:  Provided, That the Secretary of 
        Housing and Urban Development shall make such funding available, 
        notwithstanding section 203 (competition provision) of this 
        title, to public housing agencies that partner with eligible VA 
        Medical Centers or other entities as designated by the Secretary 
        of the Department of Veterans Affairs, based on geographical 
        need for such assistance as identified by the Secretary of the 
        Department of Veterans Affairs, public housing agency 
        administrative performance, and other factors as specified by 
        the Secretary of Housing and Urban Development in consultation 
        with the Secretary of the Department of Veterans Affairs:  
        Provided further, <<NOTE: Waiver authority. Requirements.>>  
        That the Secretary of Housing and Urban Development may waive, 
        or specify alternative requirements for (in consultation with 
        the Secretary of the Department of Veterans Affairs), any 
        provision of any statute or regulation

[[Page 136 STAT. 5146]]

        that the Secretary of Housing and Urban Development administers 
        in connection with the use of funds made available under this 
        paragraph (except for requirements related to fair housing, 
        nondiscrimination, labor standards, and the environment), upon a 
        finding by the Secretary that any such waivers or alternative 
        requirements are necessary for the effective delivery and 
        administration of such voucher assistance:  Provided further, 
        That <<NOTE: Continuation. Veterans.>>  assistance made 
        available under this paragraph shall continue to remain 
        available for homeless veterans upon turn-over:  Provided 
        further, That of the total amount made available under this 
        paragraph, up to $10,000,000 may be for additional fees 
        established by and allocated pursuant to a method determined by 
        the Secretary for administrative and other expenses (including 
        those eligible activities defined by notice to facilitate 
        leasing, such as security deposit assistance and costs related 
        to the retention and support of participating owners) of public 
        housing agencies in administering HUD-VASH vouchers;
            (7) $30,000,000 shall be available for the family 
        unification program as authorized under section 8(x) of the Act: 
         Provided, That <<NOTE: Continuations.>>  the amounts made 
        available under this paragraph are provided as follows:
                    (A) $5,000,000 shall be available for new 
                incremental voucher assistance:  Provided, That the 
                assistance made available under this subparagraph shall 
                continue to remain available for family unification upon 
                turnover; and
                    (B) $25,000,000 shall be available for new 
                incremental voucher assistance to assist eligible youth 
                as defined by such section 8(x)(2)(B) of the Act:  
                Provided, That assistance made available under this 
                subparagraph shall continue to remain available for such 
                eligible youth upon turnover:  Provided further, That of 
                the total amount made available under this subparagraph, 
                up to $15,000,000 shall be available on a noncompetitive 
                basis to public housing agencies that partner with 
                public child welfare agencies to identify such eligible 
                youth, that request such assistance to timely assist 
                such eligible youth, and that meet any other criteria as 
                specified by the Secretary:  Provided 
                further, <<NOTE: Review.>>  That the Secretary shall 
                review utilization of the assistance made available 
                under the preceding proviso, at an interval to be 
                determined by the Secretary, and unutilized voucher 
                assistance that is no longer needed shall be recaptured 
                by the Secretary and reallocated pursuant to the 
                preceding proviso:
          Provided further, <<NOTE: Notification. Reallocation.>>  That 
        for any public housing agency administering voucher assistance 
        appropriated in a prior Act under the family unification 
        program, or made available and competitively selected under this 
        paragraph, that determines that it no longer has an identified 
        need for such assistance upon turnover, such agency shall notify 
        the Secretary, and the Secretary shall recapture such assistance 
        from the agency and reallocate it to any other public housing 
        agency or agencies based on need for voucher assistance in 
        connection with such specified program or eligible youth, as 
        applicable;
            (8) $50,000,000 shall be available for new incremental 
        voucher assistance under section 8(o) of the Act to be allocated 
        pursuant to a method, as determined by the Secretary, which may 
        include a formula that may include such factors as severe

[[Page 136 STAT. 5147]]

        cost burden, overcrowding, substandard housing for very low-
        income renters, homelessness, and administrative capacity, where 
        such allocation method shall include both rural and urban areas: 
         Provided, That the Secretary may specify additional terms and 
        conditions to ensure that public housing agencies provide 
        vouchers for use by survivors of domestic violence, or 
        individuals and families who are homeless, as defined in section 
        103(a) of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 
        11302(a)), or at risk of homelessness, as defined in section 
        401(1) of such Act (42 U.S.C. 11360(1)); and
            (9) the Secretary shall separately track all special purpose 
        vouchers funded under this heading.

                        housing certificate fund

                         (including rescissions)

    Unobligated balances, including recaptures and carryover, remaining 
from funds appropriated to the Department of Housing and Urban 
Development under this heading, the heading ``Annual Contributions for 
Assisted Housing'' and the heading ``Project-Based Rental Assistance'', 
for fiscal year 2023 and prior years may be used for renewal of or 
amendments to section 8 project-based contracts and for performance-
based contract administrators, notwithstanding the purposes for which 
such funds were appropriated:  Provided, That any obligated balances of 
contract authority from fiscal year 1974 and prior fiscal years that 
have been terminated shall be rescinded:  Provided further, That amounts 
heretofore recaptured, or recaptured during the current fiscal year, 
from section 8 project-based contracts from source years fiscal year 
1975 through fiscal year 1987 are hereby rescinded, and an amount of 
additional new budget authority, equivalent to the amount rescinded is 
hereby appropriated, to remain available until expended, for the 
purposes set forth under this heading, in addition to amounts otherwise 
available.

                           public housing fund

    For 2023 payments to public housing agencies for the operation and 
management of public housing, as authorized by section 9(e) of the 
United States Housing Act of 1937 (42 U.S.C. 1437g(e)) (the ``Act''), 
and to carry out capital and management activities for public housing 
agencies, as authorized under section 9(d) of the Act (42 U.S.C. 
1437g(d)), $8,514,000,000, to remain available until September 30, 2026: 
 Provided, That of the sums appropriated under this heading--
            (1) $5,109,000,000 shall be available for the Secretary to 
        allocate pursuant to the Operating Fund formula at part 990 of 
        title 24, Code of Federal Regulations, for 2023 payments;
            (2) <<NOTE: Allocation. Determination.>>  $25,000,000 shall 
        be available for the Secretary to allocate pursuant to a need-
        based application process notwithstanding section 203 of this 
        title and not subject to such Operating Fund formula to public 
        housing agencies that experience, or are at risk of, financial 
        shortfalls, as determined by the Secretary:  
        Provided, <<NOTE: Distribution.>>  That after all such shortfall 
        needs are met, the Secretary may distribute any remaining funds 
        to all public housing agencies on a pro-rata basis pursuant to 
        such Operating Fund formula;

[[Page 136 STAT. 5148]]

            (3) $3,200,000,000 shall be available for the Secretary to 
        allocate pursuant to the Capital Fund formula at section 905.400 
        of title 24, Code of Federal Regulations:  Provided, That for 
        funds provided under this paragraph, the limitation in section 
        9(g)(1) of the Act shall be 25 percent:  Provided further, 
        That <<NOTE: Waiver authority.>> the Secretary may waive the 
        limitation in the preceding proviso to allow public housing 
        agencies to fund activities authorized under section 9(e)(1)(C) 
        of the Act:  Provided 
        further, <<NOTE: Notification. Deadline.>>  That the Secretary 
        shall notify public housing agencies requesting waivers under 
        the preceding proviso if the request is approved or denied 
        within 14 days of submitting the request:  Provided 
        further, <<NOTE: Bonus awards.>>  That from the funds made 
        available under this paragraph, the Secretary shall provide 
        bonus awards in fiscal year 2023 to public housing agencies that 
        are designated high performers:  Provided 
        further, <<NOTE: Notification. Deadline.>>  That the Department 
        shall notify public housing agencies of their formula allocation 
        within 60 days of enactment of this Act;
            (4) $50,000,000 shall be available for the Secretary to make 
        grants, notwithstanding section 203 of this title, to public 
        housing agencies for emergency capital needs, including safety 
        and security measures necessary to address crime and drug-
        related activity, as well as needs resulting from unforeseen or 
        unpreventable emergencies and natural disasters excluding 
        Presidentially declared emergencies and natural disasters under 
        the Robert T. Stafford Disaster Relief and Emergency Act (42 
        U.S.C. 5121 et seq.) occurring in fiscal year 2023, of which 
        $20,000,000 shall be available for public housing agencies under 
        administrative and judicial receiverships or under the control 
        of a Federal monitor:  Provided, That of the amount made 
        available under this paragraph, not less than $10,000,000 shall 
        be for safety and security measures:  Provided further, 
        That <<NOTE: Effective date. Allocation.>>  in addition to the 
        amount in the preceding proviso for such safety and security 
        measures, any amounts that remain available, after all 
        applications received on or before September 30, 2024, for 
        emergency capital needs have been processed, shall be allocated 
        to public housing agencies for such safety and security 
        measures;
            (5) <<NOTE: Evaluation.>>  $65,000,000 shall be available 
        for competitive grants to public housing agencies to evaluate 
        and reduce residential health hazards in public housing, 
        including lead-based paint (by carrying out the activities of 
        risk assessments, abatement, and interim controls, as those 
        terms are defined in section 1004 of the Residential Lead-Based 
        Paint Hazard Reduction Act of 1992 (42 U.S.C. 4851b)), carbon 
        monoxide, mold, radon, and fire safety:  
        Provided, <<NOTE: Evaluation.>>  That not less than $25,000,000 
        of the amounts provided under this paragraph shall be awarded 
        for evaluating and reducing lead-based paint hazards:  Provided 
        further, That for purposes of environmental review, a grant 
        under this paragraph shall be considered funds for projects or 
        activities under title I of the Act for purposes of section 26 
        of the Act (42 U.S.C. 1437x) and shall be subject to the 
        regulations implementing such section:  Provided further, That 
        amounts made available under this paragraph shall be combined 
        with amounts made available under the sixth paragraph under this 
        heading in the Consolidated Appropriations Act, 2021 (Public Law 
        116-260) and shall be used in accordance with the purposes and 
        requirements under this paragraph;

[[Page 136 STAT. 5149]]

            (6) $15,000,000 shall be available to support the costs of 
        administrative and judicial receiverships and for competitive 
        grants to PHAs in receivership, designated troubled or 
        substandard, or otherwise at risk, as determined by the 
        Secretary, for costs associated with public housing asset 
        improvement, in addition to other amounts for that purpose 
        provided under any heading under this title; and
            (7) $50,000,000 shall be available to support ongoing public 
        housing financial and physical assessment activities:

  Provided further, That notwithstanding any other provision of law or 
regulation, during fiscal year 2023, the Secretary of Housing and Urban 
Development may not delegate to any Department official other than the 
Deputy Secretary and the Assistant Secretary for Public and Indian 
Housing any authority under paragraph (2) of section 9(j) of the Act 
regarding the extension of the time periods under such section:  
Provided further, <<NOTE: Definition.>>  That for purposes of such 
section 9(j), the term ``obligate'' means, with respect to amounts, that 
the amounts are subject to a binding agreement that will result in 
outlays, immediately or in the future.

                     choice neighborhoods initiative

    For competitive grants under the Choice Neighborhoods Initiative 
(subject to section 24 of the United States Housing Act of 1937 (42 
U.S.C. 1437v) unless otherwise specified under this heading), for 
transformation, rehabilitation, and replacement housing needs of both 
public and HUD-assisted housing and to transform neighborhoods of 
poverty into functioning, sustainable, mixed-income neighborhoods with 
appropriate services, schools, public assets, transportation, and access 
to jobs, $350,000,000, to remain available until September 30, 2027:  
Provided, That grant funds may be used for resident and community 
services, community development, and affordable housing needs in the 
community, and for conversion of vacant or foreclosed properties to 
affordable housing:  Provided further, That not more than 20 percent of 
the amount of any grant made with amounts made available under this 
heading may be used for necessary supportive services notwithstanding 
subsection (d)(1)(L) of such section 24:  Provided further, That the use 
of amounts made available under this heading shall not be deemed to be 
for public housing, notwithstanding section 3(b)(1) of such Act:  
Provided further, <<NOTE: Determination. Time period.>>  That grantees 
shall commit to an additional period of affordability determined by the 
Secretary of not fewer than 20 years:  Provided further, That grantees 
shall provide a match in State, local, other Federal, or private funds:  
Provided further, That grantees may include local governments, Tribal 
entities, public housing agencies, and nonprofit organizations:  
Provided further, That for-profit developers may apply jointly with a 
public entity:  Provided further, <<NOTE: Regulations.>>  That for 
purposes of environmental review, a grantee shall be treated as a public 
housing agency under section 26 of the United States Housing Act of 1937 
(42 U.S.C. 1437x), and grants made with amounts available under this 
heading shall be subject to the regulations issued by the Secretary to 
implement such section:  Provided further, That of the amounts made 
available under this heading, not less than $175,000,000 shall be 
awarded to public housing agencies:  Provided further, That such 
grantees shall create partnerships with other

[[Page 136 STAT. 5150]]

local organizations, including assisted housing owners, service 
agencies, and resident organizations:  Provided 
further, <<NOTE: Consultation. Coordination.>>  That the Secretary shall 
consult with the Secretaries of Education, Labor, Transportation, Health 
and Human Services, Agriculture, and Commerce, the Attorney General, and 
the Administrator of the Environmental Protection Agency to coordinate 
and leverage other appropriate Federal resources:  Provided further, 
That not more than $10,000,000 of the amounts made available under this 
heading may be provided as grants to undertake comprehensive local 
planning with input from residents and the community:  Provided further, 
That unobligated balances, including recaptures, remaining from amounts 
made available under the heading ``Revitalization of Severely Distressed 
Public Housing (HOPE VI)'' in fiscal year 2011 and prior fiscal years 
may be used for purposes under this heading, notwithstanding the 
purposes for which such amounts were appropriated:  Provided 
further, <<NOTE: Grants. Deadline. Determination.>>  That the Secretary 
shall make grant awards not later than 1 year after the date of 
enactment of this Act in such amounts that the Secretary determines:  
Provided further, That notwithstanding section 24(o) of the United 
States Housing Act of 1937 (42 U.S.C. 1437v(o)), the Secretary may, 
until September 30, 2023, obligate any available unobligated balances 
made available under this heading in this or any prior Act.

                        self-sufficiency programs

    For activities and assistance related to Self-Sufficiency Programs, 
to remain available until September 30, 2026, $175,000,000:  Provided, 
That of the sums appropriated under this heading--
            (1) $125,000,000 shall be available for the Family Self-
        Sufficiency program to support family self-sufficiency 
        coordinators under section 23 of the United States Housing Act 
        of 1937 (42 U.S.C. 1437u), to promote the development of local 
        strategies to coordinate the use of assistance under sections 8 
        and 9 of such Act with public and private resources, and enable 
        eligible families to achieve economic independence and self-
        sufficiency;
            (2) $35,000,000 shall be available for the Resident 
        Opportunity and Self-Sufficiency program to provide for 
        supportive services, service coordinators, and congregate 
        services as authorized by section 34 of the United States 
        Housing Act of 1937 (42 U.S.C. 1437z-6) and the Native American 
        Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 
        4101 et seq.):  Provided, That amounts made available under this 
        paragraph may be used to renew Resident Opportunity and Self-
        Sufficiency program grants to allow the public housing agency, 
        or a new owner, to continue to serve (or restart service to) 
        residents of a project with assistance converted from public 
        housing to project-based rental assistance under section 8 of 
        the United States Housing Act of 1937 (42 U.S.C. 1437f) or 
        assistance under section 8(o)(13) of such Act under the heading 
        ``Rental Assistance Demonstration'' in the Department of Housing 
        and Urban Development Appropriations Act, 2012 (Public Law 112-
        55), as amended (42 U.S.C. 1437f note); and
            (3) $15,000,000 shall be available for a Jobs-Plus 
        Initiative, modeled after the Jobs-Plus demonstration:  
        Provided, <<NOTE: Grants.>>  That funding provided under this 
        paragraph shall be available for competitive grants to 
        partnerships between public housing

[[Page 136 STAT. 5151]]

        authorities, local workforce investment boards established under 
        section 107 of the Workforce Innovation and Opportunity Act of 
        2014 (29 U.S.C. 3122), and other agencies and organizations that 
        provide support to help public housing residents obtain 
        employment and increase earnings:  Provided further, That 
        applicants must demonstrate the ability to provide services to 
        residents, partner with workforce investment boards, and 
        leverage service dollars:  Provided 
        further, <<NOTE: Waivers. Requirements.>>  That the Secretary 
        may allow public housing agencies to request exemptions from 
        rent and income limitation requirements under sections 3 and 6 
        of the United States Housing Act of 1937 (42 U.S.C. 1437a, 
        1437d), as necessary to implement the Jobs-Plus program, on such 
        terms and conditions as the Secretary may approve upon a finding 
        by the Secretary that any such waivers or alternative 
        requirements are necessary for the effective implementation of 
        the Jobs-Plus Initiative as a voluntary program for residents:  
        Provided further, <<NOTE: Notice. Federal Register, 
        publication. Waivers. Deadline.>>  That the Secretary shall 
        publish by notice in the Federal Register any waivers or 
        alternative requirements pursuant to the preceding proviso no 
        later than 10 days before the effective date of such notice.

                        native american programs

                         (including rescission)

    For activities and assistance authorized under title I of the Native 
American Housing Assistance and Self-Determination Act of 1996 (in this 
heading ``NAHASDA'') (25 U.S.C. 4111 et seq.), title I of the Housing 
and Community Development Act of 1974 (42 U.S.C. 5301 et seq.) with 
respect to Indian tribes, and related training and technical assistance, 
$1,020,000,000, to remain available until September 30, 2027:  Provided, 
That of the sums appropriated under this heading--
            (1) $787,000,000 shall be available for the Native American 
        Housing Block Grants program, as authorized under title I of 
        NAHASDA:  Provided, <<NOTE: Determination. Applicability.>>  
        That, notwithstanding NAHASDA, to determine the amount of the 
        allocation under title I of such Act for each Indian tribe, the 
        Secretary shall apply the formula under section 302 of such Act 
        with the need component based on single-race census data and 
        with the need component based on multi-race census data, and the 
        amount of the allocation for each Indian tribe shall be the 
        greater of the two resulting allocation amounts:  Provided 
        further, <<NOTE: Notification. Deadline.>>  That the Secretary 
        shall notify grantees of their formula allocation not later than 
        60 days after the date of enactment of this Act;
            (2) $150,000,000 shall be available for competitive grants 
        under the Native American Housing Block Grants program, as 
        authorized under title I of NAHASDA:  Provided, That the 
        Secretary shall obligate such amount for competitive grants to 
        eligible recipients authorized under NAHASDA that apply for 
        funds:  Provided further, That in awarding amounts made 
        available in this paragraph, the Secretary shall consider need 
        and administrative capacity, and shall give priority to projects 
        that will spur construction and rehabilitation of housing:  
        Provided further, That a grant funded pursuant to this paragraph 
        shall be in an amount not greater than $7,500,000:  Provided 
        further, That any amounts transferred for the necessary costs

[[Page 136 STAT. 5152]]

        of administering and overseeing the obligation and expenditure 
        of such additional amounts in prior Acts may also be used for 
        the necessary costs of administering and overseeing such 
        additional amount;
            (3) $1,000,000 shall be available for the cost of guaranteed 
        notes and other obligations, as authorized by title VI of 
        NAHASDA:  Provided, That such costs, including the cost of 
        modifying such notes and other obligations, shall be as defined 
        in section 502 of the Congressional Budget Act of 1974 (2 U.S.C. 
        661a):  Provided further, That amounts made available in this 
        and prior Acts for the cost of such guaranteed notes and other 
        obligations that are unobligated, including recaptures and 
        carryover, shall be available to subsidize the total principal 
        amount of any notes and other obligations, any part of which is 
        to be guaranteed, not to exceed $50,000,000, to remain available 
        until September 30, 2024:  Provided further, That any remaining 
        loan guarantee limitation authorized for this program in fiscal 
        year 2020 or prior fiscal years is hereby rescinded;
            (4) $75,000,000 shall be available for grants to Indian 
        tribes for carrying out the Indian Community Development Block 
        Grant program under title I of the Housing and Community 
        Development Act of 1974, notwithstanding section 106(a)(1) of 
        such Act, of which, notwithstanding any other provision of law 
        (including section 203 of this Act), not more than $5,000,000 
        may be used for emergencies that constitute imminent threats to 
        health and safety:  Provided, That not to exceed 20 percent of 
        any grant made with amounts made available in this paragraph 
        shall be expended for planning and management development and 
        administration; and
            (5) $7,000,000, in addition to amounts otherwise available 
        for such purpose, shall be available for providing training and 
        technical assistance to Indian tribes, Indian housing 
        authorities, and tribally designated housing entities, to 
        support the inspection of Indian housing units, for contract 
        expertise, and for training and technical assistance related to 
        amounts made available under this heading and other headings in 
        this Act for the needs of Native American families and Indian 
        country:  Provided, That of the amounts made available in this 
        paragraph, not less than $2,000,000 shall be for a national 
        organization as authorized under section 703 of NAHASDA (25 
        U.S.C. 4212):  Provided further, <<NOTE: Determination.>>  That 
        amounts made available in this paragraph may be used, 
        contracted, or competed as determined by the Secretary:  
        Provided further, <<NOTE: Contracts.>>  That notwithstanding 
        chapter 63 of title 31, United States Code (commonly known as 
        the Federal Grant and Cooperative Agreements Act of 1977), the 
        amounts made available in this paragraph may be used by the 
        Secretary to enter into cooperative agreements with public and 
        private organizations, agencies, institutions, and other 
        technical assistance providers to support the administration of 
        negotiated rulemaking under section 106 of NAHASDA (25 U.S.C. 
        4116), the administration of the allocation formula under 
        section 302 of NAHASDA (25 U.S.C. 4152), and the administration 
        of performance tracking and reporting under section 407 of 
        NAHASDA (25 U.S.C. 4167).

[[Page 136 STAT. 5153]]

           indian housing loan guarantee fund program account

                         (including rescission)

    For the cost of guaranteed loans, as authorized by section 184 of 
the Housing and Community Development Act of 1992 (12 U.S.C. 1715z-13a), 
$5,521,000, to remain available until expended:  Provided, That such 
costs, including the cost of modifying such loans, shall be as defined 
in section 502 of the Congressional Budget Act of 1974 (2 U.S.C. 661a):  
Provided further, That amounts made available in this and prior Acts for 
the cost of guaranteed loans, as authorized by section 184 of the 
Housing and Community Development Act of 1992 (12 U.S.C. 1715z-13a), 
that are unobligated, including recaptures and carryover, shall be 
available to subsidize total loan principal, any part of which is to be 
guaranteed, not to exceed $1,400,000,000, to remain available until 
September 30, 2024:  Provided further, That any remaining loan guarantee 
limitation authorized under this heading in fiscal year 2020 or prior 
fiscal years is hereby rescinded:  Provided further, That any amounts 
determined by the Secretary to be unavailable are hereby returned to the 
General Fund of the Treasury.

                   native hawaiian housing block grant

    For the Native Hawaiian Housing Block Grant program, as authorized 
under title VIII of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4221 et seq.), $22,300,000, to 
remain available until September 30, 2027:  Provided, That 
notwithstanding section 812(b) of such Act, the Department of Hawaiian 
Home Lands may not invest grant amounts made available under this 
heading in investment securities and other obligations:  Provided 
further, That amounts made available under this heading in this and 
prior fiscal years may be used to provide rental assistance to eligible 
Native Hawaiian families both on and off the Hawaiian Home Lands, 
notwithstanding any other provision of law:  Provided further, That up 
to $1,000,000 of the amounts made available under this heading shall be 
for training and technical assistance related to amounts made available 
under this heading and other headings in this Act for the needs of 
Native Hawaiians and the Department of Hawaiian Home Lands.

       native hawaiian housing loan guarantee fund program account

    New commitments to guarantee loans, as authorized by section 184A of 
the Housing and Community Development Act of 1992 (12 U.S.C. 1715z-13b), 
any part of which is to be guaranteed, shall not exceed $28,000,000 in 
total loan principal, to remain available until September 30, 2024:  
Provided, That the Secretary may enter into commitments to guarantee 
loans used for refinancing.

                   Community Planning and Development

               housing opportunities for persons with aids

    For <<NOTE: Contracts.>>  carrying out the Housing Opportunities for 
Persons with AIDS program, as authorized by the AIDS Housing Opportunity

[[Page 136 STAT. 5154]]

Act (42 U.S.C. 12901 et seq.), $499,000,000, to remain available until 
September 30, 2024, except that amounts allocated pursuant to section 
854(c)(5) of such Act shall remain available until September 30, 2025:  
Provided, That the Secretary shall renew or replace all expiring 
contracts for permanent supportive housing that initially were funded 
under section 854(c)(5) of such Act from funds made available under this 
heading in fiscal year 2010 and prior fiscal years that meet all program 
requirements before awarding funds for new contracts under such section: 
 Provided further, <<NOTE: Notice.>>  That the process for submitting 
amendments and approving replacement contracts shall be established by 
the Secretary in a notice:  Provided 
further, <<NOTE: Notification. Deadline.>>  That the Department shall 
notify grantees of their formula allocation within 60 days of enactment 
of this Act.

                       community development fund

    For assistance to States and units of general local government, and 
other entities, for economic and community development activities, and 
other purposes, $6,397,285,641, to remain available until September 30, 
2026:  Provided, That of the sums appropriated under this heading--
            (1) $3,300,000,000 shall be available for carrying out the 
        community development block grant program under title I of the 
        Housing and Community Development Act of 1974, as amended (42 
        U.S.C. 5301 et seq.) (in this heading ``the Act''):  
        Provided, <<NOTE: Grants.>>  That not to exceed 20 percent of 
        any grant made with funds made available under this paragraph 
        shall be expended for planning and management development and 
        administration:  Provided further, That a metropolitan city, 
        urban county, unit of general local government, or insular area 
        that directly or indirectly receives funds under this paragraph 
        may not sell, trade, or otherwise transfer all or any portion of 
        such funds to another such entity in exchange for any other 
        funds, credits, or non-Federal considerations, but shall use 
        such funds for activities eligible under title I of the Act:  
        Provided further, <<NOTE: Evaluation.>>  That notwithstanding 
        section 105(e)(1) of the Act, no funds made available under this 
        paragraph may be provided to a for-profit entity for an economic 
        development project under section 105(a)(17) unless such project 
        has been evaluated and selected in accordance with guidelines 
        required under subsection (e)(2) of section 105;
            (2) $85,000,000 shall be available for the Secretary to 
        award grants on a competitive basis to State and local 
        governments, metropolitan planning organizations, and 
        multijurisdictional entities for additional activities under 
        title I of the Act for the identification and removal of 
        barriers to affordable housing production and preservation:  
        Provided, That eligible uses of such grants include activities 
        to further develop, evaluate, and implement housing policy 
        plans, improve housing strategies, and facilitate affordable 
        housing production and preservation:  Provided further, That the 
        Secretary shall prioritize applicants that are able to (A) 
        demonstrate progress and a commitment to overcoming local 
        barriers to facilitate the increase in affordable housing 
        production and preservation; and (B) demonstrate an acute demand 
        for housing affordable to households with incomes below 100 
        percent of the area median income:  Provided

[[Page 136 STAT. 5155]]

        further, That funds allocated for such grants shall not 
        adversely affect the amount of any formula assistance received 
        by a jurisdiction under paragraph (1) of this heading:  Provided 
        further, That <<NOTE: Waiver authority.>>  in administering such 
        amounts the Secretary may waive or specify alternative 
        requirements for any provision of such title I except for 
        requirements related to fair housing, nondiscrimination, labor 
        standards, the environment, and requirements that activities 
        benefit persons of low- and moderate-income, upon a finding that 
        any such waivers or alternative requirements are necessary to 
        expedite or facilitate the use of such amounts;
            (3) $30,000,000 shall be available for activities authorized 
        under section 8071 of the SUPPORT for Patients and Communities 
        Act (Public Law 115-271):  Provided, That funds allocated 
        pursuant to this paragraph shall not adversely affect the amount 
        of any formula assistance received by a State under paragraph 
        (1) of this heading:  Provided further, <<NOTE: Allocation.>>  
        That the Secretary shall allocate the funds for such activities 
        based on the notice establishing the funding formula published 
        in 84 FR 16027 (April 17, 2019) except that the formula shall 
        use age-adjusted rates of drug overdose deaths for 2020 based on 
        data from the Centers for Disease Control and Prevention; and
            (4) $2,982,285,641 shall be available for grants for the 
        Economic Development Initiative (EDI) for the purposes, and in 
        amounts, specified for Community Project Funding/Congressionally 
        Directed Spending in the table entitled ``Community Project 
        Funding/Congressionally Directed Spending'' included in the 
        explanatory statement described in section 4 (in the matter 
        preceding division A of this consolidated Act):  Provided, That 
        eligible expenses of such grants may include administrative, 
        planning, operations and maintenance, and other costs:  Provided 
        further, <<NOTE: Grants. Reimbursement.>>  That such grants for 
        the EDI shall be available for reimbursement of otherwise 
        eligible expenses incurred on or after the date of enactment of 
        this Act and prior to the date of grant execution:  Provided 
        further, That none of the amounts made available under this 
        paragraph for grants for the EDI shall be used for reimbursement 
        of expenses incurred prior to the date of enactment of this Act: 
         Provided further, <<NOTE: Grants. Reimbursement.>>  That grants 
        for the EDI authorized under this heading in the Department of 
        Housing and Urban Development Appropriations Act, 2022 (Public 
        Law 117-103) shall also be available for reimbursement of 
        otherwise eligible expenses (including those eligible expenses 
        identified in the first proviso of this paragraph) incurred on 
        or after the date of enactment of such Act and prior to the date 
        of grant execution, and shall not be subject to the second 
        proviso under such heading in such Act:

  Provided further <<NOTE: Notification. Deadline.>> , That for amounts 
made available under paragraphs (1) and (3), the Secretary shall notify 
grantees of their formula allocation within 60 days of enactment of this 
Act.

          community development loan guarantees program account

    Subject to section 502 of the Congressional Budget Act of 1974 (2 
U.S.C. 661a), during fiscal year 2023, commitments to guarantee

[[Page 136 STAT. 5156]]

loans under section 108 of the Housing and Community Development Act of 
1974 (42 U.S.C. 5308), any part of which is guaranteed, shall not exceed 
a total principal amount of $300,000,000, notwithstanding any aggregate 
limitation on outstanding obligations guaranteed in subsection (k) of 
such section 108:  Provided, <<NOTE: Fees.>>  That the Secretary shall 
collect fees from borrowers, notwithstanding subsection (m) of such 
section 108, to result in a credit subsidy cost of zero for guaranteeing 
such loans, and any such fees shall be collected in accordance with 
section 502(7) of the Congressional Budget Act of 1974:  Provided 
further, That such commitment authority funded by fees may be used to 
guarantee, or make commitments to guarantee, notes or other obligations 
issued by any State on behalf of non-entitlement communities in the 
State in accordance with the requirements of such section 108:  Provided 
further, <<NOTE: Distribution.>>  That any State receiving such a 
guarantee or commitment under the preceding proviso shall distribute all 
funds subject to such guarantee to the units of general local government 
in non-entitlement areas that received the commitment.

                  home investment partnerships program

    For the HOME Investment Partnerships program, as authorized under 
title II of the Cranston-Gonzalez National Affordable Housing Act, as 
amended (42 U.S.C. 12721 et seq.), $1,500,000,000, to remain available 
until September 30, 2026:  Provided, That notwithstanding section 231(b) 
of such Act (42 U.S.C. 12771(b)), all unobligated balances remaining 
from amounts recaptured pursuant to such section that remain available 
until expended shall be combined with amounts made available under this 
heading and allocated in accordance with the formula under section 
217(b)(1)(A) of such Act (42 U.S.C. 12747(b)(1)(A)):  Provided 
further, <<NOTE: Notification. Deadline.>>  That the Department shall 
notify grantees of their formula allocations within 60 days after 
enactment of this Act:  Provided further, <<NOTE: Time period.>>  That 
section 218(g) of such Act (42 U.S.C. 12748(g)) shall not apply with 
respect to the right of a jurisdiction to draw funds from its HOME 
Investment Trust Fund that otherwise expired or would expire in any 
calendar year from 2016 through 2025 under that section:  Provided 
further, <<NOTE: Time period.>>  That section 231(b) of such Act (42 
U.S.C. 12771(b)) shall not apply to any uninvested funds that otherwise 
were deducted or would be deducted from the line of credit in the 
participating jurisdiction's HOME Investment Trust Fund in any calendar 
year from 2018 through 2025 under that section.

   preservation and reinvestment initiative for community enhancement

    For competitive grants to preserve and revitalize manufactured 
housing and eligible manufactured housing communities (including pre-
1976 mobile homes) under title I of the Housing and Community 
Development Act of 1974, as amended (42 U.S.C. 5301 et seq.), 
$225,000,000, to remain available until September 30, 2027:  
Provided, <<NOTE: State and local governments. Native Americans.>>  That 
recipients of grants provided with amounts made available under this 
heading shall be States, units of general local government, resident-
owned manufactured housing communities, cooperatives, nonprofit entities 
including consortia of nonprofit entities, community development 
financial institutions, Indian Tribes (as such term is defined in 
section 4 of the Native American Housing Assistance and Self-
Determination Act of 1996 (NAHASDA) (25

[[Page 136 STAT. 5157]]

U.S.C. 4103)), or other entities approved by the Secretary:  Provided 
further, <<NOTE: Native Americans.>>  That the Secretary may reserve an 
amount for Indian Tribes within such competition:  Provided further, 
That the Secretary may approve entities for selection that partner with 
one or several residents of such eligible communities or that propose to 
implement a grant program that would assist residents of such eligible 
communities:  Provided further, That eligible uses of such grants may 
include infrastructure, planning, resident and community services 
(including relocation assistance and eviction prevention), resiliency 
activities, and providing other assistance to residents or owners of 
manufactured homes, which may include providing assistance for 
manufactured housing land and site acquisition:  Provided 
further, <<NOTE: Determination.>>  That, except as determined by the 
Secretary, participation in this program shall not encumber the future 
transfer of title or use of property by the residents, owners, or 
communities:  Provided further, That when selecting recipients, the 
Secretary shall prioritize applications that primarily benefit low- or 
moderately low-income residents and preserve long-term housing 
affordability for residents of manufactured housing or a manufactured 
housing community:  Provided further, That eligible manufactured housing 
communities may include those that are--
            (1) owned by the residents of the manufactured housing 
        community through a resident-controlled entity, as defined by 
        the Secretary; or
            (2) <<NOTE: Determination.>>  determined by the Secretary to 
        be subject to binding agreements that will preserve the 
        community and maintain affordability on a long-term basis:

  Provided further, That, of the amounts made available under this 
heading, $25,000,000 shall be for a pilot program for the Secretary to 
provide grants to assist in the redevelopment of manufactured housing 
communities (including pre-1976 mobile homes) as replacement housing 
that is affordable, as defined by the Secretary:  Provided further, That 
each such redevelopment project shall provide, for each unit of single-
family manufactured housing (including pre-1976 mobile homes) replaced 
under the project, up to 4 dwelling units of such affordable housing:  
Provided further, That the Secretary shall define eligible activities 
for grant assistance under the pilot program, which may include 
relocation assistance or buy-outs for residents of a manufactured 
housing community or downpayment assistance for such residents:  
Provided further, <<NOTE: Requirement.>>  That the Secretary shall 
require each grantee under the pilot program to supplement the amount of 
the grant with non-Federal amounts exceeding 50 percent of the grant:  
Provided further, <<NOTE: Definition.>>  That resiliency activities 
means the reconstruction, repair, or replacement of manufactured housing 
and manufactured housing communities to protect the health and safety of 
manufactured housing residents and to address weatherization and energy 
efficiency needs, except that for pre-1976 mobile homes, funds made 
available under this heading may be used only for replacement:  Provided 
further, <<NOTE: Waiver authority.>>  That the Secretary may waive or 
specify alternative requirements for any provision of any statute or 
regulation that the Secretary administers in connection with the use of 
amounts made available under this heading (except for requirements 
related to fair housing, nondiscrimination, labor standards, and the 
environment), upon a finding that such waiver or alternative requirement 
is necessary to facilitate the use of such amounts.

[[Page 136 STAT. 5158]]

        self-help and assisted homeownership opportunity program

    For the Self-Help and Assisted Homeownership Opportunity Program, as 
authorized under section 11 of the Housing Opportunity Program Extension 
Act of 1996 (42 U.S.C. 12805 note), and for related activities and 
assistance, $62,500,000, to remain available until September 30, 2025:  
Provided, That of the sums appropriated under this heading--
            (1) $13,500,000 shall be available for the Self-Help 
        Homeownership Opportunity Program as authorized under such 
        section 11;
            (2) $42,000,000 shall be available for the second, third, 
        and fourth capacity building entities specified in section 4(a) 
        of the HUD Demonstration Act of 1993 (42 U.S.C. 9816 note), of 
        which not less than $5,000,000 shall be for rural capacity 
        building activities:  Provided, That for purposes of awarding 
        grants from amounts made available in this paragraph, the 
        Secretary may enter into multiyear agreements, as appropriate, 
        subject to the availability of annual appropriations;
            (3) $6,000,000 shall be available for capacity building by 
        national rural housing organizations having experience assessing 
        national rural conditions and providing financing, training, 
        technical assistance, information, and research to local 
        nonprofit organizations, local governments, and Indian Tribes 
        serving high need rural communities; and
            (4) $1,000,000 shall be available for a program to 
        rehabilitate and modify the homes of disabled or low-income 
        veterans, as authorized under section 1079 of the Carl Levin and 
        Howard P. ``Buck'' McKeon National Defense Authorization Act for 
        Fiscal Year 2015 (38 U.S.C. 2101 note):  
        Provided, <<NOTE: Deadlines.>>  That the issuance of a Notice of 
        Funding Opportunity for the amounts made available in this 
        paragraph shall be completed not later than 120 days after 
        enactment of this Act and such amounts shall be awarded not 
        later than 180 days after such issuance.

                       homeless assistance grants

    For assistance under title IV of the McKinney-Vento Homeless 
Assistance Act (42 U.S.C. 11360 et seq.), and for related activities and 
assistance, $3,633,000,000, to remain available until September 30, 
2025:  Provided, That of the sums appropriated under this heading--
            (1) $290,000,000 shall be available for the Emergency 
        Solutions Grants program authorized under subtitle B of such 
        title IV (42 U.S.C. 11371 et seq.):  
        Provided, <<NOTE: Notification. Deadline.>>  That the Department 
        shall notify grantees of their formula allocation from amounts 
        allocated (which may represent initial or final amounts 
        allocated) for the Emergency Solutions Grant program not later 
        than 60 days after enactment of this Act;
            (2) $3,154,000,000 shall be available for the Continuum of 
        Care program authorized under subtitle C of such title IV (42 
        U.S.C. 11381 et seq.) and the Rural Housing Stability Assistance 
        programs authorized under subtitle D of such title IV (42 U.S.C. 
        11408):  Provided, That the Secretary shall prioritize funding 
        under the Continuum of Care program to continuums of care that 
        have demonstrated a capacity to reallocate funding from lower 
        performing projects to higher performing projects:  Provided 
        further, That the Secretary shall

[[Page 136 STAT. 5159]]

        provide incentives to create projects that coordinate with 
        housing providers and healthcare organizations to provide 
        permanent supportive housing and rapid re-housing services:  
        Provided further, <<NOTE: Notification.>>  That the Secretary 
        may establish by notice an alternative maximum amount for 
        administrative costs related to the requirements described in 
        sections 402(f)(1) and 402(f)(2) of subtitle A of such title IV 
        or no more than 5 percent or $50,000, whichever is greater, 
        notwithstanding the 3 percent limitation in section 423(a)(10) 
        of such subtitle C:  Provided further, <<NOTE: Determination.>>  
        That of the amounts made available for the Continuum of Care 
        program under this paragraph, not less than $52,000,000 shall be 
        for grants for new rapid re-housing projects and supportive 
        service projects providing coordinated entry, and for eligible 
        activities that the Secretary determines to be critical in order 
        to assist survivors of domestic violence, dating violence, 
        sexual assault, or stalking:  Provided further, That 
        amounts <<NOTE: Grants.>>  made available for the Continuum of 
        Care program under this paragraph and any remaining unobligated 
        balances under this heading in prior Acts may be used to 
        competitively or non-competitively renew or replace grants for 
        youth homeless demonstration projects under the Continuum of 
        Care program, notwithstanding any conflict with the requirements 
        of the Continuum of Care program;
            (3) $7,000,000 shall be available for the national homeless 
        data analysis project:  
        Provided, <<NOTE: Contracts. Determination.>> That 
        notwithstanding the provisions of the Federal Grant and 
        Cooperative Agreements Act of 1977 (31 U.S.C. 6301-6308), the 
        amounts made available under this paragraph and any remaining 
        unobligated balances under this heading for such purposes in 
        prior Acts may be used by the Secretary to enter into 
        cooperative agreements with such entities as may be determined 
        by the Secretary, including public and private organizations, 
        agencies, and institutions;
            (4) $107,000,000 shall be available to implement projects to 
        demonstrate how a comprehensive approach to serving homeless 
        youth, age 24 and under, in up to 25 communities with a priority 
        for communities with substantial rural populations in up to 
        eight locations, can dramatically reduce youth homelessness:  
        Provided, That of the amount made available under this 
        paragraph, not less than $25,000,000 shall be for youth 
        homelessness system improvement grants to support communities, 
        including but not limited to the communities assisted under the 
        matter preceding this proviso, in establishing and implementing 
        a response system for youth homelessness, or for improving their 
        existing system:  Provided further, That of the amount made 
        available under this paragraph, up to $10,000,000 shall be to 
        provide technical assistance to communities, including but not 
        limited to the communities assisted in the preceding proviso and 
        the matter preceding such proviso, on improving system responses 
        to youth homelessness, and collection, analysis, use, and 
        reporting of data and performance measures under the 
        comprehensive approaches to serve homeless youth, in addition to 
        and in coordination with other technical assistance funds 
        provided under this title:  Provided further, That the Secretary 
        may use up to 10 percent of the amount made available under the 
        preceding proviso to build the capacity of current technical 
        assistance providers or to

[[Page 136 STAT. 5160]]

        train new technical assistance providers with verifiable prior 
        experience with systems and programs for youth experiencing 
        homelessness; and
            (5) $75,000,000 shall be available for one-time awards under 
        the Continuum of Care program for new construction, acquisition, 
        or rehabilitation of new permanent supportive housing, of which 
        not more than 20 percent of such awards may be used for other 
        Continuum of Care eligible activities associated with such 
        projects and not more than 10 percent of such awards may be used 
        for project administration:  Provided, That 
        these <<NOTE: Determination.>> amounts shall be awarded on a 
        competitive basis, based on need and other factors to be 
        determined by the Secretary, including incentives to establish 
        projects that coordinate with housing providers, healthcare 
        organizations and social service providers:  Provided further, 
        That not less than $30,000,000 shall be awarded to applicants 
        for projects within States with populations less than 2,500,000, 
        except that if such amount is undersubscribed any remaining 
        amounts may be awarded to qualified applicants for projects in 
        any State:  Provided further, That <<NOTE: Grants.>>  the grants 
        for ongoing costs associated with such projects shall be 
        eligible for renewal under the Continuum of Care program subject 
        to the same terms and conditions as other renewal applicants:

  Provided further, <<NOTE: Children, youth, and families.>> That youth 
aged 24 and under seeking assistance under this heading shall not be 
required to provide third party documentation to establish their 
eligibility under subsection (a) or (b) of section 103 of the McKinney-
Vento Homeless Assistance Act (42 U.S.C. 11302) to receive services:  
Provided further, That unaccompanied youth aged 24 and under or families 
headed by youth aged 24 and under who are living in unsafe situations 
may be served by youth-serving providers funded under this heading:  
Provided further, That persons eligible under section 103(a)(5) of the 
McKinney-Vento Homeless Assistance Act may be served by any project 
funded under this heading to provide both transitional housing and rapid 
re-housing:  Provided further, That for all matching funds requirements 
applicable to funds made available under this heading for this fiscal 
year and prior fiscal years, a grantee may use (or could have used) as a 
source of match funds other funds administered by the Secretary and 
other Federal agencies unless there is (or was) a specific statutory 
prohibition on any such use of any such funds:  Provided 
further, <<NOTE: Determination.>>  That none of the funds made available 
under this heading shall be available to provide funding for new 
projects, except for projects created through reallocation, unless the 
Secretary determines that the continuum of care has demonstrated that 
projects are evaluated and ranked based on the degree to which they 
improve the continuum of care's system performance:  Provided 
further, <<NOTE: Time periods.>> That any unobligated amounts remaining 
from funds made available under this heading in fiscal year 2012 and 
prior years for project-based rental assistance for rehabilitation 
projects with 10-year grant terms may be used for purposes under this 
heading, notwithstanding the purposes for which such funds were 
appropriated:  Provided further, That unobligated balances, including 
recaptures and carryover, remaining from funds transferred to or 
appropriated under this heading in fiscal year 2019 or prior years, 
except for rental assistance amounts that were recaptured and made 
available until expended, shall be available for the current purposes 
authorized

[[Page 136 STAT. 5161]]

under this heading in addition to the purposes for which such funds 
originally were appropriated.

                            Housing Programs

project-based rental assistance <<NOTE: Contracts.>> 

    For activities and assistance for the provision of project-based 
subsidy contracts under the United States Housing Act of 1937 (42 U.S.C. 
1437 et seq.) (``the Act''), not otherwise provided for, 
$13,537,580,000, to remain available until expended, shall be available 
on October 1, 2022 (in addition to the $400,000,000 previously 
appropriated under this heading that became available October 1, 2022), 
and $400,000,000, to remain available until expended, shall be available 
on October 1, 2023:  Provided, That the amounts made available under 
this heading shall be available for expiring or terminating section 8 
project-based subsidy contracts (including section 8 moderate 
rehabilitation contracts), for amendments to section 8 project-based 
subsidy contracts (including section 8 moderate rehabilitation 
contracts), for contracts entered into pursuant to section 441 of the 
McKinney-Vento Homeless Assistance Act (42 U.S.C. 11401), for renewal of 
section 8 contracts for units in projects that are subject to approved 
plans of action under the Emergency Low Income Housing Preservation Act 
of 1987 or the Low-Income Housing Preservation and Resident 
Homeownership Act of 1990, and for administrative and other expenses 
associated with project-based activities and assistance funded under 
this heading:  Provided further, That of the total amounts provided 
under this heading, not to exceed $343,000,000 shall be available for 
performance-based contract administrators for section 8 project-based 
assistance, for carrying out 42 U.S.C. 1437(f):  Provided further, That 
the Secretary may also use such amounts in the preceding proviso for 
performance-based contract administrators for the administration of: 
interest reduction payments pursuant to section 236(a) of the National 
Housing Act (12 U.S.C. 1715z-1(a)); rent supplement payments pursuant to 
section 101 of the Housing and Urban Development Act of 1965 (12 U.S.C. 
1701s); section 236(f)(2) rental assistance payments (12 U.S.C. 1715z-
1(f)(2)); project rental assistance contracts for the elderly under 
section 202(c)(2) of the Housing Act of 1959 (12 U.S.C. 1701q); project 
rental assistance contracts for supportive housing for persons with 
disabilities under section 811(d)(2) of the Cranston-Gonzalez National 
Affordable Housing Act (42 U.S.C. 8013(d)(2)); project assistance 
contracts pursuant to section 202(h) of the Housing Act of 1959 (Public 
Law 86-372; 73 Stat. 667); and loans under section 202 of the Housing 
Act of 1959 (Public Law 86-372; 73 Stat. 667):  Provided further, That 
amounts recaptured under this heading, the heading ``Annual 
Contributions for Assisted Housing'', or the heading ``Housing 
Certificate Fund'', may be used for renewals of or amendments to section 
8 project-based contracts or for performance-based contract 
administrators, notwithstanding the purposes for which such amounts were 
appropriated:  Provided further, <<NOTE: Determination.>>  That, 
notwithstanding any other provision of law, upon the request of the 
Secretary, project funds that are held in residual receipts accounts for 
any project subject to a section 8 project-based Housing Assistance 
Payments contract that authorizes the Department or a housing finance 
agency to require that surplus project funds be

[[Page 136 STAT. 5162]]

deposited in an interest-bearing residual receipts account and that are 
in excess of an amount to be determined by the Secretary, shall be 
remitted to the Department and deposited in this account, to be 
available until expended:  Provided further, That amounts deposited 
pursuant to the preceding proviso shall be available in addition to the 
amount otherwise provided by this heading for uses authorized under this 
heading.

                         housing for the elderly

    For capital advances, including amendments to capital advance 
contracts, for housing for the elderly, as authorized by section 202 of 
the Housing Act of 1959 (12 U.S.C. 1701q), for project rental assistance 
for the elderly under section 202(c)(2) of such Act, including 
amendments to contracts for such assistance and renewal of expiring 
contracts for such assistance for up to a 5-year term, for senior 
preservation rental assistance contracts, including renewals, as 
authorized by section 811(e) of the American Homeownership and Economic 
Opportunity Act of 2000 (12 U.S.C. 1701q note), and for supportive 
services associated with the housing, $1,075,000,000 to remain available 
until September 30, 2026:  Provided, That of the amount made available 
under this heading, up to $120,000,000 shall be for service coordinators 
and the continuation of existing congregate service grants for residents 
of assisted housing projects:  Provided further, <<NOTE: Deadline.>>  
That any funding for existing service coordinators under the preceding 
proviso shall be provided within 120 days of enactment of this Act:  
Provided further, That amounts made available under this heading shall 
be available for Real Estate Assessment Center inspections and 
inspection-related activities associated with section 202 projects:  
Provided <<NOTE: Waiver authority. Time period.>> further, That the 
Secretary may waive the provisions of section 202 governing the terms 
and conditions of project rental assistance, except that the initial 
contract term for such assistance shall not exceed 5 years in duration:  
Provided further, <<NOTE: Determination.>> That upon request of the 
Secretary, project funds that are held in residual receipts accounts for 
any project subject to a section 202 project rental assistance contract, 
and that upon termination of such contract are in excess of an amount to 
be determined by the Secretary, shall be remitted to the Department and 
deposited in this account, to remain available until September 30, 2026: 
 Provided further, That amounts deposited in this account pursuant to 
the preceding proviso shall be available, in addition to the amounts 
otherwise provided by this heading, for the purposes authorized under 
this heading:  Provided further, That unobligated balances, including 
recaptures and carryover, remaining from funds transferred to or 
appropriated under this heading shall be available for the current 
purposes authorized under this heading in addition to the purposes for 
which such funds originally were appropriated:  Provided further, That 
of the total amount made available under this heading, up to $25,000,000 
shall be used to expand the supply of intergenerational dwelling units 
(as such term is defined in section 202 of the Legacy Act of 2003 (12 
U.S.C. 1701q note)) for elderly caregivers raising children:  Provided 
further, <<NOTE: Waiver authority.>> That for the purposes of the 
preceding proviso the Secretary may waive, or specify alternative 
requirements for, any provision of section 202 of the Housing Act of 
1959 (12 U.S.C. 1701q) in order to facilitate the development of

[[Page 136 STAT. 5163]]

such units, except for requirements related to fair housing, 
nondiscrimination, labor standards, and the environment:  Provided 
further, That of the total amount made available under this heading, up 
to $6,000,000 shall be used by the Secretary to support preservation 
transactions of housing for the elderly originally developed with a 
capital advance and assisted by a project rental assistance contract 
under the provisions of section 202(c) of the Housing Act of 1959.

                  housing for persons with disabilities

    For capital advances, including amendments to capital advance 
contracts, for supportive housing for persons with disabilities, as 
authorized by section 811 of the Cranston-Gonzalez National Affordable 
Housing Act (42 U.S.C. 8013), for project rental assistance for 
supportive housing for persons with disabilities under section 811(d)(2) 
of such Act, for project assistance contracts pursuant to subsection (h) 
of section 202 of the Housing Act of 1959, as added by section 205(a) of 
the Housing and Community Development Amendments of 1978 (Public Law 95-
557: 92 Stat. 2090), including amendments to contracts for such 
assistance and renewal of expiring contracts for such assistance for up 
to a 5-year term, for project rental assistance to State housing finance 
agencies and other appropriate entities as authorized under section 
811(b)(3) of the Cranston-Gonzalez National Affordable Housing Act, and 
for supportive services associated with the housing for persons with 
disabilities as authorized by section 811(b)(1) of such Act, 
$360,000,000, to remain available until September 30, 2026:  Provided, 
That amounts made available under this heading shall be available for 
Real Estate Assessment Center inspections and inspection-related 
activities associated with section 811 projects:  Provided further, 
That, <<NOTE: Determination.>> upon the request of the Secretary, 
project funds that are held in residual receipts accounts for any 
project subject to a section 811 project rental assistance contract, and 
that upon termination of such contract are in excess of an amount to be 
determined by the Secretary, shall be remitted to the Department and 
deposited in this account, to remain available until September 30, 2026: 
 Provided further, That amounts deposited in this account pursuant to 
the preceding proviso shall be available in addition to the amounts 
otherwise provided by this heading for the purposes authorized under 
this heading:  Provided further, That unobligated balances, including 
recaptures and carryover, remaining from funds transferred to or 
appropriated under this heading shall be used for the current purposes 
authorized under this heading in addition to the purposes for which such 
funds originally were appropriated.

                      housing counseling assistance

    For contracts, grants, and other assistance excluding loans, as 
authorized under section 106 of the Housing and Urban Development Act of 
1968, as amended, $57,500,000, to remain available until September 30, 
2024, including up to $4,500,000 for administrative contract services:  
Provided, That funds shall be used for providing counseling and advice 
to tenants and homeowners, both current and prospective, with respect to 
property maintenance, financial management or literacy, and such other 
matters as may be appropriate to assist them in improving their housing 
conditions, meeting their financial needs, and fulfilling the 
responsibilities

[[Page 136 STAT. 5164]]

of tenancy or homeownership; for program administration; and for housing 
counselor training:  Provided further, <<NOTE: Contracts.>> That for 
purposes of awarding grants from amounts provided under this heading, 
the Secretary may enter into multiyear agreements, as appropriate, 
subject to the availability of annual appropriations.

             payment to manufactured housing fees trust fund

    For necessary expenses as authorized by the National Manufactured 
Housing Construction and Safety Standards Act of 1974 (42 U.S.C. 5401 et 
seq.), up to $14,000,000, to remain available until expended, of which 
$14,000,000 shall be derived from the Manufactured Housing Fees Trust 
Fund (established under section 620(e) of such Act (42 U.S.C. 5419(e)):  
Provided, That not to exceed the total amount appropriated under this 
heading shall be available from the general fund of the Treasury to the 
extent necessary to incur obligations and make expenditures pending the 
receipt of collections to the Fund pursuant to section 620 of such Act:  
Provided further, That the amount made available under this heading from 
the general fund shall be reduced as such collections are received 
during fiscal year 2023 so as to result in a final fiscal year 2023 
appropriation from the general fund estimated at zero, and fees pursuant 
to such section 620 shall be modified as necessary to ensure such a 
final fiscal year 2023 appropriation:  Provided 
further, <<NOTE: Fees.>> That for the dispute resolution and 
installation programs, the Secretary may assess and collect fees from 
any program participant:  Provided further, That such collections shall 
be deposited into the Trust Fund, and the Secretary, as provided herein, 
may use such collections, as well as fees collected under section 620 of 
such Act, for necessary expenses of such Act:  Provided further, That, 
notwithstanding the requirements of section 620 of such Act, the 
Secretary may carry out responsibilities of the Secretary under such Act 
through the use of approved service providers that are paid directly by 
the recipients of their services.

                     Federal Housing Administration

                mutual mortgage insurance program account

    New commitments to guarantee single family loans insured under the 
Mutual Mortgage Insurance Fund shall not exceed $400,000,000,000, to 
remain available until September 30, 2024:  Provided, That during fiscal 
year 2023, obligations to make direct loans to carry out the purposes of 
section 204(g) of the National Housing Act, as amended, shall not exceed 
$1,000,000:  Provided further, That the foregoing amount in the 
preceding proviso shall be for loans to nonprofit and governmental 
entities in connection with sales of single family real properties owned 
by the Secretary and formerly insured under the Mutual Mortgage 
Insurance Fund:  Provided further, That for administrative contract 
expenses of the Federal Housing Administration, $150,000,000, to remain 
available until September 30, 2024:  Provided further, <<NOTE: Effective 
date.>>  That to the extent guaranteed loan commitments exceed 
$200,000,000,000 on or before April 1, 2023, an additional $1,400 for 
administrative contract expenses shall be available for each $1,000,000 
in additional guaranteed loan commitments (including a pro rata amount 
for any amount below $1,000,000), but in no case shall funds made 
available by this proviso exceed $30,000,000:  Provided further, That

[[Page 136 STAT. 5165]]

notwithstanding the limitation in the first sentence of section 255(g) 
of the National Housing Act (12 U.S.C. 1715z-20(g)), during fiscal year 
2023 the Secretary may insure and enter into new commitments to insure 
mortgages under section 255 of the National Housing Act only to the 
extent that the net credit subsidy cost for such insurance does not 
exceed zero.

                general and special risk program account

    New commitments to guarantee loans insured under the General and 
Special Risk Insurance Funds, as authorized by sections 238 and 519 of 
the National Housing Act (12 U.S.C. 1715z-3 and 1735c), shall not exceed 
$35,000,000,000 in total loan principal, any part of which is to be 
guaranteed, to remain available until September 30, 2024:  Provided, 
That during fiscal year 2023, gross obligations for the principal amount 
of direct loans, as authorized by sections 204(g), 207(l), 238, and 
519(a) of the National Housing Act, shall not exceed $1,000,000, which 
shall be for loans to nonprofit and governmental entities in connection 
with the sale of single family real properties owned by the Secretary 
and formerly insured under such Act.

                Government National Mortgage Association

 guarantees of mortgage-backed securities loan guarantee program account

    New commitments to issue guarantees to carry out the purposes of 
section 306 of the National Housing Act, as amended (12 U.S.C. 1721(g)), 
shall not exceed $900,000,000,000, to remain available until September 
30, 2024:  Provided, That $40,400,000, to remain available until 
September 30, 2024, shall be for necessary salaries and expenses of the 
Government National Mortgage Association:  Provided 
further, <<NOTE: Effective date.>> That to the extent that guaranteed 
loan commitments exceed $155,000,000,000 on or before April 1, 2023, an 
additional $100 for necessary salaries and expenses shall be available 
until expended for each $1,000,000 in additional guaranteed loan 
commitments (including a pro rata amount for any amount below 
$1,000,000), but in no case shall funds made available by this proviso 
exceed $3,000,000:  Provided further, <<NOTE: Fees.>>  That receipts 
from Commitment and Multiclass fees collected pursuant to title III of 
the National Housing Act (12 U.S.C. 1716 et seq.) shall be credited as 
offsetting collections to this account.

                     Policy Development and Research

                         research and technology

    For contracts, grants, and necessary expenses of programs of 
research and studies relating to housing and urban problems, not 
otherwise provided for, as authorized by title V of the Housing and 
Urban Development Act of 1970 (12 U.S.C. 1701z-1 et seq.), including 
carrying out the functions of the Secretary of Housing and Urban 
Development under section 1(a)(1)(i) of Reorganization Plan No. 2 of 
1968, and for technical assistance, $125,400,000, to remain available 
until September 30, 2024:  Provided, <<NOTE: Contracts.>> That with 
respect to amounts made available under this heading, notwithstanding 
section 203 of this title, the Secretary may enter into

[[Page 136 STAT. 5166]]

cooperative agreements with philanthropic entities, other Federal 
agencies, State or local governments and their agencies, Indian Tribes, 
tribally designated housing entities, or colleges or universities for 
research projects:  Provided further, <<NOTE: Matching 
contribution.>> That with respect to the preceding proviso, such 
partners to the cooperative agreements shall contribute at least a 50 
percent match toward the cost of the project:  Provided 
further, <<NOTE: Compliance.>>  That for non-competitive agreements 
entered into in accordance with the preceding two provisos, the 
Secretary shall comply with section 2(b) of the Federal Funding 
Accountability and Transparency Act of 2006 (Public Law 109-282, 31 
U.S.C. note) in lieu of compliance with section 102(a)(4)(C) of the 
Department of Housing and Urban Development Reform Act of 1989 (42 
U.S.C. 3545(a)(4)(C)) with respect to documentation of award decisions:  
Provided further, <<NOTE: Plan. Allocation. Deadline.>>  That prior to 
obligation of technical assistance funding, the Secretary shall submit a 
plan to the House and Senate Committees on Appropriations on how the 
Secretary will allocate funding for this activity at least 30 days prior 
to obligation:  Provided further, That none of the funds provided under 
this heading may be available for the doctoral dissertation research 
grant program:  Provided further, That an additional $20,000,000, to 
remain available until September 30, 2025, shall be for competitive 
grants to nonprofit or governmental entities to provide legal assistance 
(including assistance related to pretrial activities, trial activities, 
post-trial activities and alternative dispute resolution) at no cost to 
eligible low-income tenants at risk of or subject to eviction:  Provided 
further, That in awarding grants under the preceding proviso, the 
Secretary shall give preference to applicants that include a marketing 
strategy for residents of areas with high rates of eviction, have 
experience providing no-cost legal assistance to low-income individuals, 
including those with limited English proficiency or disabilities, and 
have sufficient capacity to administer such assistance:  Provided 
further, <<NOTE: Urban and rural areas.>> That the Secretary shall 
ensure, to the extent practicable, that the proportion of eligible 
tenants living in rural areas who will receive legal assistance with 
grant funds made available under this heading is not less than the 
overall proportion of eligible tenants who live in rural areas.

                   Fair Housing and Equal Opportunity

                         fair housing activities

    For contracts, grants, and other assistance, not otherwise provided 
for, as authorized by title VIII of the Civil Rights Act of 1968 (42 
U.S.C. 3601 et seq.), and section 561 of the Housing and Community 
Development Act of 1987 (42 U.S.C. 3616a), $86,355,000, to remain 
available until September 30, 2024:  Provided, 
That <<NOTE: Fees.>> notwithstanding section 3302 of title 31, United 
States Code, the Secretary may assess and collect fees to cover the 
costs of the Fair Housing Training Academy, and may use such funds to 
develop on-line courses and provide such training:  Provided further, 
That none of the <<NOTE: Lobbying.>> funds made available under this 
heading may be used to lobby the executive or legislative branches of 
the Federal Government in connection with a specific contract, grant, or 
loan:  Provided further, That of the funds made available under this 
heading, $1,355,000 shall be available to the Secretary for

[[Page 136 STAT. 5167]]

the creation and promotion of translated materials and other programs 
that support the assistance of persons with limited English proficiency 
in utilizing the services provided by the Department of Housing and 
Urban Development.

             Office of Lead Hazard Control and Healthy Homes

                          lead hazard reduction

                      (including transfer of funds)

    For the Lead Hazard Reduction Program, as authorized by section 1011 
of the Residential Lead-Based Paint Hazard Reduction Act of 1992 (42 
U.S.C. 4852), the Healthy Homes Initiative, pursuant to sections 501 and 
502 of the Housing and Urban Development Act of 1970 (12 U.S.C. 1701z-1 
and 1701z-2), and for related activities and assistance, $410,000,000, 
to remain available until September 30, 2025:  Provided, That the 
amounts made available under this heading are provided as follows:
            (1) $290,000,000 shall be for the award of grants pursuant 
        to such section 1011, of which not less than $95,000,000 shall 
        be provided to areas with the highest lead-based paint abatement 
        needs;
            (2) $85,000,000 shall be for the Healthy Homes Initiative, 
        pursuant to sections 501 and 502 of the Housing and Urban 
        Development Act of 1970, which shall include research, studies, 
        testing, and demonstration efforts, including education and 
        outreach concerning lead-based paint poisoning and other 
        housing-related diseases and hazards, and mitigating housing-
        related health and safety hazards in housing of low-income 
        families, of which--
                    (A) $5,000,000 shall be for the implementation of 
                projects in up to five communities that are served by 
                both the Healthy Homes Initiative and the Department of 
                Energy weatherization programs to demonstrate whether 
                the coordination of Healthy Homes remediation activities 
                with weatherization activities achieves cost savings and 
                better outcomes in improving the safety and quality of 
                homes; and
                    (B) $30,000,000 shall be for grants to experienced 
                non-profit organizations, States, local governments, or 
                public housing agencies for safety and functional home 
                modification repairs and renovations to meet the needs 
                of low-income seniors to enable them to remain in their 
                primary residence:  Provided, That of the total amount 
                made available under this subparagraph no less than 
                $10,000,000 shall be available to meet such needs in 
                communities with substantial rural populations;
            (3) $5,000,000 shall be for the award of grants and 
        contracts for research pursuant to sections 1051 and 1052 of the 
        Residential Lead-Based Paint Hazard Reduction Act of 1992 (42 
        U.S.C. 4854, 4854a);
            (4) Up to $2,000,000 in total of the amounts made available 
        under paragraphs (2) and (3) may be transferred to the heading 
        ``Research and Technology'' for the purposes of conducting 
        research and studies and for use in accordance with the provisos 
        under that heading for non-competitive agreements;

[[Page 136 STAT. 5168]]

            (5) $25,000,000 shall be for a lead-risk assessment 
        demonstration for public housing agencies to conduct lead hazard 
        screenings or lead-risk assessments during housing quality 
        standards inspections of units in which a family receiving 
        assistance under section 8(o) of the U.S. Housing Act of 1937 
        (42 U.S.C. 1437f(o)) resides or expects to reside, and has or 
        expects to have a child under age 6 residing in the unit, while 
        preserving rental housing availability and affordability; and
            (6) $5,000,000 shall be for grants for a radon testing and 
        mitigation safety demonstration program (the radon 
        demonstration) in public housing:  Provided, That the testing 
        method, mitigation method, or action level used under the radon 
        demonstration shall be as specified by applicable State or local 
        law, if such law is more protective of human health or the 
        environment than the method or level specified by the Secretary:

  Provided further, That for purposes of environmental review, pursuant 
to the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
seq.) and other provisions of law that further the purposes of such Act, 
a grant under the Healthy Homes Initiative, or the Lead Technical 
Studies program, or other demonstrations or programs under this heading 
or under prior appropriations Acts for such purposes under this heading, 
or under the heading ``Housing for the Elderly'' under prior 
Appropriations Acts, shall be considered to be funds for a special 
project for purposes of section 305(c) of the Multifamily Housing 
Property Disposition Reform Act of 1994:  Provided 
further, <<NOTE: Certification. Notice.>> That each applicant for a 
grant or cooperative agreement under this heading shall certify adequate 
capacity that is acceptable to the Secretary to carry out the proposed 
use of funds pursuant to a notice of funding opportunity:  Provided 
further, That amounts made available under this heading, except for 
amounts in paragraph (2)(B) for home modification repairs and 
renovations, in this or prior appropriations Acts, still remaining 
available, may be used for any purpose under this heading 
notwithstanding the purpose for which such amounts were appropriated if 
a program competition is undersubscribed and there are other program 
competitions under this heading that are oversubscribed.

                       Information Technology Fund

    For Department-wide and program-specific information technology 
systems and infrastructure, $374,750,000, to remain available until 
September 30, 2025, of which up to $23,950,000 shall be for development, 
modernization, and enhancement projects, including planning for such 
projects:  Provided, <<NOTE: Plan.>>  That not more than 10 percent of 
the funds made available under this heading for development, 
modernization, and enhancement may be obligated until the Secretary 
submits and the House and Senate Committees on Appropriations approve a 
plan that--
            (1) identifies for each development, modernization, and 
        enhancement project to be funded from available balances, 
        including carryover--
                    (A) plain language summaries of the project scope;
                    (B) the estimated total project cost; and
                    (C) key milestones to be met; and
            (2) identifies for each major modernization project--

[[Page 136 STAT. 5169]]

                    (A) the functional and performance capabilities to 
                be delivered and the mission benefits to be realized;
                    (B) the estimated life-cycle cost;
                    (C) key milestones to be met through the project end 
                date, including any identified system decommissioning;
                    (D) a description of the procurement strategy and 
                governance structure for the project and the number of 
                HUD staff and contractors supporting the project; and
                    (E) <<NOTE: Certification.>> certification from the 
                Chief Information Officer that each project is compliant 
                with the Department's enterprise architecture, life-
                cycle management and capital planning and investment 
                control requirements:

  Provided further, <<NOTE: Reports. Summaries.>>  That not later than 
30 days after the end of each quarter, the Secretary shall submit an 
updated report to the Committees on Appropriations of the House of 
Representatives and the Senate summarizing the status, cost and plan for 
all modernization projects; and for each major modernization project 
with an approved project plan, identifying--
            (1) results and actual expenditures of the prior quarter;
            (2) any variances in cost, schedule (including procurement), 
        or functionality from the previously approved project plan, 
        reasons for such variances and estimated impact on total life-
        cycle costs; and
            (3) risks and mitigation strategies associated with ongoing 
        work.

                       Office of Inspector General

    For necessary salaries and expenses of the Office of Inspector 
General in carrying out the Inspector General Act of 1978, as amended, 
$146,000,000:  Provided, That the Inspector General shall have 
independent authority over all personnel issues within this office.

     General Provisions--Department of Housing and Urban Development

                      (including transfer of funds)

                         (including rescission)

    Sec. 201.  Fifty percent of the amounts of budget authority, or in 
lieu thereof 50 percent of the cash amounts associated with such budget 
authority, that are recaptured from projects described in section 
1012(a) of the Stewart B. McKinney Homeless Assistance Amendments Act of 
1988 (42 U.S.C. 1437f note) shall be rescinded or in the case of cash, 
shall be remitted to the Treasury, and such amounts of budget authority 
or cash recaptured and not rescinded or remitted to the Treasury shall 
be used by State housing finance agencies or local governments or local 
housing agencies with projects approved by the Secretary of Housing and 
Urban Development for which settlement occurred after January 1, 1992, 
in accordance with such section. Notwithstanding the previous sentence, 
the Secretary may award up to 15 percent of the budget authority or cash 
recaptured and not rescinded or remitted to the Treasury to provide 
project owners with incentives to refinance their project at a lower 
interest rate.

[[Page 136 STAT. 5170]]

    Sec. 202.  None of the funds made available by this Act may be used 
during fiscal year 2023 to investigate or prosecute under the Fair 
Housing Act any otherwise lawful activity engaged in by one or more 
persons, including the filing or maintaining of a nonfrivolous legal 
action, that is engaged in solely for the purpose of achieving or 
preventing action by a Government official or entity, or a court of 
competent jurisdiction.
    Sec. 203.  Except as explicitly provided in law, any grant, 
cooperative agreement or other assistance made pursuant to title II of 
this Act shall be made on a competitive basis and in accordance with 
section 102 of the Department of Housing and Urban Development Reform 
Act of 1989 (42 U.S.C. 3545).
    Sec. 204.  Funds of the Department of Housing and Urban Development 
subject to the Government Corporation Control Act or section 402 of the 
Housing Act of 1950 shall be available, without regard to the 
limitations on administrative expenses, for legal services on a contract 
or fee basis, and for utilizing and making payment for services and 
facilities of the Federal National Mortgage Association, Government 
National Mortgage Association, Federal Home Loan Mortgage Corporation, 
Federal Financing Bank, Federal Reserve banks or any member thereof, 
Federal Home Loan banks, and any insured bank within the meaning of the 
Federal Deposit Insurance Corporation Act, as amended (12 U.S.C. 1811-
1).
    Sec. 205.  Unless otherwise provided for in this Act or through a 
reprogramming of funds, no part of any appropriation for the Department 
of Housing and Urban Development shall be available for any program, 
project or activity in excess of amounts set forth in the budget 
estimates submitted to Congress.
    Sec. 206.  Corporations and agencies of the Department of Housing 
and Urban Development which are subject to the Government Corporation 
Control Act are hereby authorized to make such expenditures, within the 
limits of funds and borrowing authority available to each such 
corporation or agency and in accordance with law, and to make such 
contracts and commitments without regard to fiscal year limitations as 
provided by section 104 of such Act as may be necessary in carrying out 
the programs set forth in the budget for 2023 for such corporation or 
agency except as hereinafter provided:  Provided, That collections of 
these corporations and agencies may be used for new loan or mortgage 
purchase commitments only to the extent expressly provided for in this 
Act (unless such loans are in support of other forms of assistance 
provided for in this or prior appropriations Acts), except that this 
proviso shall not apply to the mortgage insurance or guaranty operations 
of these corporations, or where loans or mortgage purchases are 
necessary to protect the financial interest of the United States 
Government.
    Sec. 207.  <<NOTE: Reports. Budget.>>  The Secretary shall provide 
quarterly reports to the House and Senate Committees on Appropriations 
regarding all uncommitted, unobligated, recaptured and excess funds in 
each program and activity within the jurisdiction of the Department and 
shall submit additional, updated budget information to these Committees 
upon request.

    Sec. 208.  None of the funds made available by this title may be 
used for an audit of the Government National Mortgage Association that 
makes applicable requirements under the Federal Credit Reform Act of 
1990 (2 U.S.C. 661 et seq.).

[[Page 136 STAT. 5171]]

    Sec. 209. <<NOTE: Time period.>>  (a) Notwithstanding any other 
provision of law, subject to the conditions listed under this section, 
for fiscal years 2023 and 2024, the Secretary of Housing and Urban 
Development may authorize the transfer of some or all project-based 
assistance, debt held or insured by the Secretary and statutorily 
required low-income and very low-income use restrictions if any, 
associated with one or more multifamily housing project or projects to 
another multifamily housing project or projects.

    (b) Phased Transfers.--Transfers of project-based assistance under 
this section may be done in phases to accommodate the financing and 
other requirements related to rehabilitating or constructing the project 
or projects to which the assistance is transferred, to ensure that such 
project or projects meet the standards under subsection (c).
    (c) The transfer authorized in subsection (a) is subject to the 
following conditions:
            (1) Number and bedroom size of units.--
                    (A) For occupied units in the transferring project: 
                The number of low-income and very low-income units and 
                the configuration (i.e., bedroom size) provided by the 
                transferring project shall be no less than when 
                transferred to the receiving project or projects and the 
                net dollar amount of Federal assistance provided to the 
                transferring project shall remain the same in the 
                receiving project or projects.
                    (B) <<NOTE: Determination.>> For unoccupied units in 
                the transferring project: The Secretary may authorize a 
                reduction in the number of dwelling units in the 
                receiving project or projects to allow for a 
                reconfiguration of bedroom sizes to meet current market 
                demands, as determined by the Secretary and provided 
                there is no increase in the project-based assistance 
                budget authority.
            (2) <<NOTE: Determination.>>  The transferring project 
        shall, as determined by the Secretary, be either physically 
        obsolete or economically nonviable, or be reasonably expected to 
        become economically nonviable when complying with State or 
        Federal requirements for community integration and reduced 
        concentration of individuals with disabilities.
            (3) <<NOTE: Standards.>>  The receiving project or projects 
        shall meet or exceed applicable physical standards established 
        by the Secretary.
            (4) <<NOTE: Notification. Consultation. Certification.>>  
        The owner or mortgagor of the transferring project shall notify 
        and consult with the tenants residing in the transferring 
        project and provide a certification of approval by all 
        appropriate local governmental officials.
            (5) The tenants of the transferring project who remain 
        eligible for assistance to be provided by the receiving project 
        or projects shall not be required to vacate their units in the 
        transferring project or projects until new units in the 
        receiving project are available for occupancy.
            (6) <<NOTE: Determination.>> The Secretary determines that 
        this transfer is in the best interest of the tenants.
            (7) <<NOTE: Waiver authority. Determination.>> If either the 
        transferring project or the receiving project or projects meets 
        the condition specified in subsection (d)(2)(A), any lien on the 
        receiving project resulting from additional financing obtained 
        by the owner shall be subordinate to any FHA-insured mortgage 
        lien transferred to, or placed on, such project by the 
        Secretary, except that the Secretary may waive this requirement 
        upon determination that such a waiver is

[[Page 136 STAT. 5172]]

        necessary to facilitate the financing of acquisition, 
        construction, and/or rehabilitation of the receiving project or 
        projects.
            (8) <<NOTE: Records.>>  If the transferring project meets 
        the requirements of subsection (d)(2), the owner or mortgagor of 
        the receiving project or projects shall execute and record 
        either a continuation of the existing use agreement or a new use 
        agreement for the project where, in either case, any use 
        restrictions in such agreement are of no lesser duration than 
        the existing use restrictions.
            (9) The transfer does not increase the cost (as defined in 
        section 502 of the Congressional Budget Act of 1974 (2 U.S.C. 
        661a)) of any FHA-insured mortgage, except to the extent that 
        appropriations are provided in advance for the amount of any 
        such increased cost.

    (d) <<NOTE: Definitions.>> For purposes of this section--
            (1) the terms ``low-income'' and ``very low-income'' shall 
        have the meanings provided by the statute and/or regulations 
        governing the program under which the project is insured or 
        assisted;
            (2) the term ``multifamily housing project'' means housing 
        that meets one of the following conditions--
                    (A) housing that is subject to a mortgage insured 
                under the National Housing Act;
                    (B) housing that has project-based assistance 
                attached to the structure including projects undergoing 
                mark to market debt restructuring under the Multifamily 
                Assisted Housing Reform and Affordability Housing Act;
                    (C) housing that is assisted under section 202 of 
                the Housing Act of 1959 (12 U.S.C. 1701q);
                    (D) housing that is assisted under section 202 of 
                the Housing Act of 1959 (12 U.S.C. 1701q), as such 
                section existed before the enactment of the Cranston-
                Gonzales National Affordable Housing Act;
                    (E) housing that is assisted under section 811 of 
                the Cranston-Gonzales National Affordable Housing Act 
                (42 U.S.C. 8013); or
                    (F) housing or vacant land that is subject to a use 
                agreement;
            (3) the term ``project-based assistance'' means--
                    (A) assistance provided under section 8(b) of the 
                United States Housing Act of 1937 (42 U.S.C. 1437f(b));
                    (B) assistance for housing constructed or 
                substantially rehabilitated pursuant to assistance 
                provided under section 8(b)(2) of such Act (as such 
                section existed immediately before October 1, 1983);
                    (C) rent supplement payments under section 101 of 
                the Housing and Urban Development Act of 1965 (12 U.S.C. 
                1701s);
                    (D) interest reduction payments under section 236 
                and/or additional assistance payments under section 
                236(f)(2) of the National Housing Act (12 U.S.C. 1715z-
                1);
                    (E) assistance payments made under section 202(c)(2) 
                of the Housing Act of 1959 (12 U.S.C. 1701q(c)(2)); and
                    (F) assistance payments made under section 811(d)(2) 
                of the Cranston-Gonzalez National Affordable Housing Act 
                (42 U.S.C. 8013(d)(2));

[[Page 136 STAT. 5173]]

            (4) the term ``receiving project or projects'' means the 
        multifamily housing project or projects to which some or all of 
        the project-based assistance, debt, and statutorily required 
        low-income and very low-income use restrictions are to be 
        transferred;
            (5) the term ``transferring project'' means the multifamily 
        housing project which is transferring some or all of the 
        project-based assistance, debt, and the statutorily required 
        low-income and very low-income use restrictions to the receiving 
        project or projects; and
            (6) the term ``Secretary'' means the Secretary of Housing 
        and Urban Development.

    (e) <<NOTE: Evaluation.>> Research Report.--The Secretary shall 
conduct an evaluation of the transfer authority under this section, 
including the effect of such transfers on the operational efficiency, 
contract rents, physical and financial conditions, and long-term 
preservation of the affected properties.

    Sec. 210. (a) No assistance shall be provided under section 8 of the 
United States Housing Act of 1937 (42 U.S.C. 1437f) to any individual 
who--
            (1) is enrolled as a student at an institution of higher 
        education (as defined under section 102 of the Higher Education 
        Act of 1965 (20 U.S.C. 1002));
            (2) is under 24 years of age;
            (3) is not a veteran;
            (4) is unmarried;
            (5) does not have a dependent child;
            (6) is not a person with disabilities, as such term is 
        defined in section 3(b)(3)(E) of the United States Housing Act 
        of 1937 (42 U.S.C. 1437a(b)(3)(E)) and was not receiving 
        assistance under such section 8 as of November 30, 2005;
            (7) is not a youth who left foster care at age 14 or older 
        and is at risk of becoming homeless; and
            (8) is not otherwise individually eligible, or has parents 
        who, individually or jointly, are not eligible, to receive 
        assistance under section 8 of the United States Housing Act of 
        1937 (42 U.S.C. 1437f).

    (b) <<NOTE: Determination.>> For purposes of determining the 
eligibility of a person to receive assistance under section 8 of the 
United States Housing Act of 1937 (42 U.S.C. 1437f), any financial 
assistance (in excess of amounts received for tuition and any other 
required fees and charges) that an individual receives under the Higher 
Education Act of 1965 (20 U.S.C. 1001 et seq.), from private sources, or 
from an institution of higher education (as defined under section 102 of 
the Higher Education Act of 1965 (20 U.S.C. 1002)), shall be considered 
income to that individual, except for a person over the age of 23 with 
dependent children.

    Sec. 211.  <<NOTE: Allocation. Eligibility.>>  The funds made 
available for Native Alaskans under paragraph (1) under the heading 
``Native American Programs'' in title II of this Act shall be allocated 
to the same Native Alaskan housing block grant recipients that received 
funds in fiscal year 2005, and only such recipients shall be eligible to 
apply for funds made available under paragraph (2) of such heading.

    Sec. 212.  Notwithstanding any other provision of law, in fiscal 
year 2023, in managing and disposing of any multifamily property that is 
owned or has a mortgage held by the Secretary of Housing and Urban 
Development, and during the process of foreclosure

[[Page 136 STAT. 5174]]

on any property with a contract for rental assistance payments under 
section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f) or 
any other Federal programs, the Secretary shall maintain any rental 
assistance payments under section 8 of the United States Housing Act of 
1937 and other programs that are attached to any dwelling units in the 
property. <<NOTE: Determination. Contracts.>> To the extent the 
Secretary determines, in consultation with the tenants and the local 
government that such a multifamily property owned or having a mortgage 
held by the Secretary is not feasible for continued rental assistance 
payments under such section 8 or other programs, based on consideration 
of (1) the costs of rehabilitating and operating the property and all 
available Federal, State, and local resources, including rent 
adjustments under section 524 of the Multifamily Assisted Housing Reform 
and Affordability Act of 1997 (in this section ``MAHRAA'') (42 U.S.C. 
1437f note), and (2) environmental conditions that cannot be remedied in 
a cost-effective fashion, the Secretary may, in consultation with the 
tenants of that property, contract for project-based rental assistance 
payments with an owner or owners of other existing housing properties, 
or provide other rental 
assistance. <<NOTE: Contracts. Notification.>> The Secretary shall also 
take appropriate steps to ensure that project-based contracts remain in 
effect prior to foreclosure, subject to the exercise of contractual 
abatement remedies to assist relocation of tenants for imminent major 
threats to health and safety after written notice to and informed 
consent of the affected tenants and use of other available remedies, 
such as partial abatements or receivership. After disposition of any 
multifamily property described in this section, the contract and 
allowable rent levels on such properties shall be subject to the 
requirements under section 524 of MAHRAA.

    Sec. 213.  Public housing agencies that own and operate 400 or fewer 
public housing units may elect to be exempt from any asset management 
requirement imposed by the Secretary in connection with the operating 
fund rule:  Provided, That an agency seeking a discontinuance of a 
reduction of subsidy under the operating fund formula shall not be 
exempt from asset management requirements.
    Sec. 214.  <<NOTE: 42 USC 1437g note.>>  With respect to the use of 
amounts provided in this Act and in future Acts for the operation, 
capital improvement, and management of public housing as authorized by 
sections 9(d) and 9(e) of the United States Housing Act of 1937 (42 
U.S.C. 1437g(d),(e)), the Secretary shall not impose any requirement or 
guideline relating to asset management that restricts or limits in any 
way the use of capital funds for central office costs pursuant to 
paragraph (1) or (2) of section 9(g) of the United States Housing Act of 
1937 (42 U.S.C. 1437g(g)(1), (2)):  Provided, That a public housing 
agency may not use capital funds authorized under section 9(d) for 
activities that are eligible under section 9(e) for assistance with 
amounts from the operating fund in excess of the amounts permitted under 
paragraph (1) or (2) of section 9(g).

    Sec. 215.  <<NOTE: Determination.>>  No official or employee of the 
Department of Housing and Urban Development shall be designated as an 
allotment holder unless the Office of the Chief Financial Officer has 
determined that such allotment holder has implemented an adequate system 
of funds control and has received training in funds control procedures 
and directives. The Chief Financial Officer shall ensure that there is a 
trained allotment holder for each HUD appropriation under the accounts 
``Executive Offices'', ``Administrative Support

[[Page 136 STAT. 5175]]

Offices'', ``Program Offices'', ``Government National Mortgage 
Association--Guarantees of Mortgage-Backed Securities Loan Guarantee 
Program Account'', and ``Office of Inspector General'' within the 
Department of Housing and Urban Development.

    Sec. 216.  <<NOTE: Notification. Public information. Federal 
Register, publication. Notices. 42 USC 3545a note.>>  The Secretary 
shall, for fiscal year 2023, notify the public through the Federal 
Register and other means, as determined appropriate, of the issuance of 
a notice of the availability of assistance or notice of funding 
opportunity (NOFO) for any program or discretionary fund administered by 
the Secretary that is to be competitively awarded. 
Notwithstanding <<NOTE: Web posting. Determination.>>  any other 
provision of law, for fiscal year 2023, the Secretary may make the NOFO 
available only on the Internet at the appropriate Government website or 
through other electronic media, as determined by the Secretary.

    Sec. 217.  Payment of attorney fees in program-related litigation 
shall be paid from the individual program office and Office of General 
Counsel salaries and expenses appropriations.
    Sec. 218.  The Secretary is authorized to transfer up to 10 percent 
or $5,000,000, whichever is less, of funds appropriated for any office 
under the headings ``Administrative Support Offices'' or ``Program 
Offices'' to any other such office under such headings:  
Provided, <<NOTE: Advance approval.>> That no appropriation for any such 
office under such headings shall be increased or decreased by more than 
10 percent or $5,000,000, whichever is less, without prior written 
approval of the House and Senate Committees on Appropriations:  Provided 
further, <<NOTE: Notification. Deadline.>>  That the Secretary shall 
provide notification to such Committees 3 business days in advance of 
any such transfers under this section up to 10 percent or $5,000,000, 
whichever is less.

    Sec. 219. <<NOTE: Determination. Compliance.>> (a) Any entity 
receiving housing assistance payments shall maintain decent, safe, and 
sanitary conditions, as determined by the Secretary, and comply with any 
standards under applicable State or local laws, rules, ordinances, or 
regulations relating to the physical condition of any property covered 
under a housing assistance payment contract.

    (b) The Secretary shall take action under subsection (c) when a 
multifamily housing project with a contract under section 8 of the 
United States Housing Act of 1937 (42 U.S.C. 1437f) or a contract for 
similar project-based assistance--
            (1) receives a Uniform Physical Condition Standards (UPCS) 
        score of 59 or less; or
            (2) <<NOTE: Certification. Deadline.>>  fails to certify in 
        writing to the Secretary within 3 days that all Exigent Health 
        and Safety deficiencies identified by the inspector at the 
        project have been corrected.

    Such <<NOTE: Requirements. Applicability.>>  requirements shall 
apply to insured and noninsured projects with assistance attached to the 
units under section 8 of the United States Housing Act of 1937 (42 
U.S.C. 1437f), but shall not apply to such units assisted under section 
8(o)(13) of such Act (42 U.S.C. 1437f(o)(13)) or to public housing units 
assisted with capital or operating funds under section 9 of the United 
States Housing Act of 1937 (42 U.S.C. 1437g).

    (c)(1) <<NOTE: Deadline. Notice. Timetable. Determination.>> Within 
15 days of the issuance of the Real Estate Assessment Center (``REAC'') 
inspection, the Secretary shall provide the owner with a Notice of 
Default with a specified timetable, determined by the Secretary, for 
correcting all deficiencies. <<NOTE: Records.>> The Secretary shall 
provide a copy of the Notice of Default to the tenants, the local 
government, any mortgagees, and any contract administrator. If the 
owner's appeal results in a UPCS score of 60 or above, the Secretary may 
withdraw the Notice of Default.

[[Page 136 STAT. 5176]]

    (2) At the end of the time period for correcting all deficiencies 
specified in the Notice of Default, if the owner fails to fully correct 
such deficiencies, the Secretary may--
            (A) <<NOTE: Requirement.>>  require immediate replacement of 
        project management with a management agent approved by the 
        Secretary;
            (B) <<NOTE: Penalties.>>  impose civil money penalties, 
        which shall be used solely for the purpose of supporting safe 
        and sanitary conditions at applicable properties, as designated 
        by the Secretary, with priority given to the tenants of the 
        property affected by the penalty;
            (C) <<NOTE: Determination.>> abate the section 8 contract, 
        including partial abatement, as determined by the Secretary, 
        until all deficiencies have been corrected;
            (D) pursue transfer of the project to an owner, approved by 
        the Secretary under established procedures, who will be 
        obligated to promptly make all required repairs and to accept 
        renewal of the assistance contract if such renewal is offered;
            (E) transfer the existing section 8 contract to another 
        project or projects and owner or owners;
            (F) pursue exclusionary sanctions, including suspensions or 
        debarments from Federal programs;
            (G) seek judicial appointment of a receiver to manage the 
        property and cure all project deficiencies or seek a judicial 
        order of specific performance requiring the owner to cure all 
        project deficiencies;
            (H) work with the owner, lender, or other related party to 
        stabilize the property in an attempt to preserve the property 
        through compliance, transfer of ownership, or an infusion of 
        capital provided by a third-party that requires time to 
        effectuate; or
            (I) take any other regulatory or contractual remedies 
        available as deemed necessary and appropriate by the Secretary.

    (d) <<NOTE: Contracts. Notification.>> The Secretary shall take 
appropriate steps to ensure that project-based contracts remain in 
effect, subject to the exercise of contractual abatement remedies to 
assist relocation of tenants for major threats to health and safety 
after written notice to the affected tenants. 
To <<NOTE: Determination.>> the extent the Secretary determines, in 
consultation with the tenants and the local government, that the 
property is not feasible for continued rental assistance payments under 
such section 8 or other programs, based on consideration of--
            (1) the costs of rehabilitating and operating the property 
        and all available Federal, State, and local resources, including 
        rent adjustments under section 524 of the Multifamily Assisted 
        Housing Reform and Affordability Act of 1997 (``MAHRAA''); and
            (2) environmental conditions that cannot be remedied in a 
        cost-effective fashion, the Secretary may contract for project-
        based rental assistance payments with an owner or owners of 
        other existing housing properties, or provide other rental 
        assistance.

    (e) <<NOTE: Reports.>>  The Secretary shall report semi-annually on 
all properties covered by this section that are assessed through the 
Real Estate Assessment Center and have UPCS physical inspection scores 
of less than 60 or have received an unsatisfactory management and 
occupancy review within the past 36 months. <<NOTE: Time period.>> The 
report shall include--

[[Page 136 STAT. 5177]]

            (1) identification of the enforcement actions being taken to 
        address such conditions, including imposition of civil money 
        penalties and termination of subsidies, and identification of 
        properties that have such conditions multiple times;
            (2) identification of actions that the Department of Housing 
        and Urban Development is taking to protect tenants of such 
        identified properties; and
            (3) <<NOTE: Recommenda- tions.>> any administrative or 
        legislative recommendations to further improve the living 
        conditions at properties covered under a housing assistance 
        payment contract.

    The first report shall be submitted to the Senate and House 
Committees on Appropriations not later than 30 days after the enactment 
of this Act, and the second report shall be submitted within 180 days of 
the transmittal of the first report.
    Sec. 220.  None of the funds made available by this Act, or any 
other Act, for purposes authorized under section 8 (only with respect to 
the tenant-based rental assistance program) and section 9 of the United 
States Housing Act of 1937 (42 U.S.C. 1437 et seq.), may be used by any 
public housing agency for any amount of salary, including bonuses, for 
the chief executive officer of which, or any other official or employee 
of which, that exceeds the annual rate of basic pay payable for a 
position at level IV of the Executive Schedule at any time during any 
public housing agency fiscal year 2023.
    Sec. 221.  <<NOTE: Grants. Notification. Deadline.>>  None of the 
funds made available by this Act and provided to the Department of 
Housing and Urban Development may be used to make a grant award unless 
the Secretary notifies the House and Senate Committees on Appropriations 
not less than 3 full business days before any project, State, locality, 
housing authority, Tribe, nonprofit organization, or other entity 
selected to receive a grant award is announced by the Department or its 
offices:  Provided, That such notification shall list each grant award 
by State and congressional district.

    Sec. 222.  None of the funds made available in this Act shall be 
used by the Federal Housing Administration, the Government National 
Mortgage Association, or the Department of Housing and Urban Development 
to insure, securitize, or establish a Federal guarantee of any mortgage 
or mortgage backed security that refinances or otherwise replaces a 
mortgage that has been subject to eminent domain condemnation or 
seizure, by a State, municipality, or any other political subdivision of 
a State.
    Sec. 223.  None of the funds made available by this Act may be used 
to terminate the status of a unit of general local government as a 
metropolitan city (as defined in section 102 of the Housing and 
Community Development Act of 1974 (42 U.S.C. 5302)) with respect to 
grants under section 106 of such Act (42 U.S.C. 5306).
    Sec. 224.  Amounts made available by this Act that are appropriated, 
allocated, advanced on a reimbursable basis, or transferred to the 
Office of Policy Development and Research of the Department of Housing 
and Urban Development and functions thereof, for research, evaluation, 
or statistical purposes, and that are unexpended at the time of 
completion of a contract, grant, or cooperative agreement, may be 
deobligated and shall immediately become available and may be 
reobligated in that fiscal year or the subsequent fiscal year for the 
research, evaluation, or statistical purposes for which the amounts are 
made available to that Office subject to reprogramming requirements in 
section 405 of this Act.

[[Page 136 STAT. 5178]]

    Sec. 225.  None of the funds provided in this Act or any other Act 
may be used for awards, including performance, special act, or spot, for 
any employee of the Department of Housing and Urban Development subject 
to administrative discipline (including suspension from work), in this 
fiscal year, but this prohibition shall not be effective prior to the 
effective date of any such administrative discipline or after any final 
decision over-turning such discipline.
    Sec. 226.  With respect to grant amounts awarded under the heading 
``Homeless Assistance Grants'' for fiscal years 2015 through 2023 for 
the Continuum of Care (CoC) program as authorized under subtitle C of 
title IV of the McKinney-Vento Homeless Assistance Act, costs paid by 
program income of grant recipients may count toward meeting the 
recipient's matching requirements, provided the costs are eligible CoC 
costs that supplement the recipient's CoC program.
    Sec. 227. <<NOTE: Grants.>>  (a) From amounts made available under 
this title under the heading ``Homeless Assistance Grants'', the 
Secretary may award 1-year transition grants to recipients of funds for 
activities under subtitle C of the McKinney-Vento Homeless Assistance 
Act (42 U.S.C. 11381 et seq.) to transition from one Continuum of Care 
program component to another.

    (b) <<NOTE: Requirements. Determination.>> In order to be eligible 
to receive a transition grant, the funding recipient must have the 
consent of the continuum of care and meet standards determined by the 
Secretary.

    Sec. 228.  The Promise Zone designations and Promise Zone 
Designation Agreements entered into pursuant to such designations, made 
by the Secretary in prior fiscal years, shall remain in effect in 
accordance with the terms and conditions of such agreements.
    Sec. 229.  None of the amounts made available in this Act may be 
used to consider Family Self-Sufficiency performance measures or 
performance scores in determining funding awards for programs receiving 
Family Self-Sufficiency program coordinator funding provided in this 
Act.
    Sec. 230.  Any public housing agency designated as a Moving to Work 
agency pursuant to section 239 of division L of Public Law 114-113 (42 
U.S.C. 1437f note; 129 Stat. 2897) may, upon such designation, use funds 
(except for special purpose funding, including special purpose vouchers) 
previously allocated to any such public housing agency under section 8 
or 9 of the United States Housing Act of 1937, including any reserve 
funds held by the public housing agency or funds held by the Department 
of Housing and Urban Development, pursuant to the authority for use of 
section 8 or 9 funding provided under such section and section 204 of 
title II of the Departments of Veterans Affairs and Housing and Urban 
Development and Independent Agencies Appropriations Act, 1996 (Public 
Law 104-134; 110 Stat. 1321-28), notwithstanding the purposes for which 
such funds were appropriated.
    Sec. 231.  None of the amounts made available by this Act may be 
used to prohibit any public housing agency under receivership or the 
direction of a Federal monitor from applying for, receiving, or using 
funds made available under the heading ``Public Housing Fund'' for 
competitive grants to evaluate and reduce lead-based paint hazards in 
this Act or that remain available and not awarded from prior Acts, or be 
used to prohibit a public housing agency from using such funds to carry 
out any required work pursuant to a settlement agreement, consent 
decree, voluntary

[[Page 136 STAT. 5179]]

agreement, or similar document for a violation of the Lead Safe Housing 
or Lead Disclosure Rules.
    Sec. 232.  None of the funds made available by this title may be 
used to issue rules or guidance in contravention of section 1210 of 
Public Law 115-254 (132 Stat. 3442) or section 312 of the Robert T. 
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5155).
    Sec. 233.  <<NOTE: Time periods.>>  Funds previously made available 
in the Consolidated Appropriations Act, 2016 (Public Law 114-113) for 
the ``Choice Neighborhoods Initiative'' that were available for 
obligation through fiscal year 2018 are to remain available through 
fiscal year 2024 for the liquidation of valid obligations incurred in 
fiscal years 2016 through 2018.

    Sec. 234.  None of the funds made available by this Act may be used 
by the Department of Housing and Urban Development to direct a grantee 
to undertake specific changes to existing zoning laws as part of 
carrying out the final rule entitled ``Affirmatively Furthering Fair 
Housing'' (80 Fed. Reg. 42272 (July 16, 2015)) or the notice entitled 
``Affirmatively Furthering Fair Housing Assessment Tool'' (79 Fed. Reg. 
57949 (September 26, 2014)).
    Sec. 235.  <<NOTE: Determination. Allocation.>>  For fiscal year 
2023, if the Secretary determines or has determined, for any prior 
formula grant allocation administered by the Secretary through the 
Offices of Public and Indian Housing, Community Planning and 
Development, or Housing, that a recipient received an allocation greater 
than the amount such recipient should have received for a formula 
allocation cycle pursuant to applicable statutes and regulations, the 
Secretary may adjust for any such funding error in the next applicable 
formula allocation cycle by (a) offsetting each such recipient's formula 
allocation (if eligible for a formula allocation in the next applicable 
formula allocation cycle) by the amount of any such funding error, and 
(b) reallocating any available balances that are attributable to the 
offset to the recipient or recipients that would have been allocated 
additional funds in the formula allocation cycle in which any such error 
occurred (if such recipient or recipients are eligible for a formula 
allocation in the next applicable formula allocation cycle) in an amount 
proportionate to such recipient's eligibility under the next applicable 
formula allocation cycle:  Provided, <<NOTE: Records.>>  That all 
offsets and reallocations from such available balances shall be recorded 
against funds available for the next applicable formula allocation 
cycle:  Provided further, <<NOTE: Definition.>>  That the term ``next 
applicable formula allocation cycle'' means the first formula allocation 
cycle for a program that is reasonably available for correction 
following such a Secretarial determination:  Provided 
further, <<NOTE: Determination.>>  That if, upon request by a recipient 
and giving consideration to all Federal resources available to the 
recipient for the same grant purposes, the Secretary determines that the 
offset in the next applicable formula allocation cycle would critically 
impair the recipient's ability to accomplish the purpose of the formula 
grant, the Secretary may adjust for the funding error across two or more 
formula allocation cycles.

    Sec. 236.  The Multifamily Assisted Housing Reform and Affordability 
Act of 1997 (42 U.S.C. 1437f note) is amended--
     (a) in section 515, by adding at the end the following new 
subsection:
    ``(d) <<NOTE: Contracts. Time periods.>> Rent Adjustments and 
Subsequent Renewals.--After the initial renewal of a section 8 contract 
pursuant to this section

[[Page 136 STAT. 5180]]

and notwithstanding any other provision of law or contract regarding the 
adjustment of rents or subsequent renewal of such contract for a 
project, including such a provision in section 514 or this section, in 
the case of a project subject to any restrictions imposed pursuant to 
sections 514 or this section, the Secretary may, not more often than 
once every 10 years, adjust such rents or renew such contracts at rent 
levels that are equal to the lesser of budget-based rents or comparable 
market rents for the market area upon the request of an owner or 
purchaser who--
            ``(1) <<NOTE: Determinations.>>  demonstrates that--
                    ``(A) project income is insufficient to operate and 
                maintain the project, and no rehabilitation is currently 
                needed, as determined by the Secretary; or
                    ``(B) the rent adjustment or renewal contract is 
                necessary to support commercially reasonable financing 
                (including any required debt service coverage and 
                replacement reserve) for rehabilitation necessary to 
                ensure the long-term sustainability of the project, as 
                determined by the Secretary, and in the event the owner 
                or purchaser fails to implement the rehabilitation as 
                required by the Secretary, the Secretary may take such 
                action against the owner or purchaser as allowed by law; 
                and
            ``(2) agrees to--
                    ``(A) extend the affordability and use restrictions 
                required under 514(e)(6) for an additional twenty years; 
                and
                    ``(B) enter into a binding commitment to continue to 
                renew such contract for and during such extended term, 
                provided that after the affordability and use 
                restrictions required under 514(e)(6) have been 
                maintained for a term of 30 years:
                          ``(i) an owner with a contract for which rent 
                      levels were set at the time of its initial renewal 
                      under section 514(g)(2) shall request that the 
                      Secretary renew such contract under section 524 
                      for and during such extended term; and
                          ``(ii) an owner with a contract for which rent 
                      levels were set at the time of its initial renewal 
                      under section 514(g)(1) may request that the 
                      Secretary renew such contract under section 524 
                      for and during such extended term.''; and

    (b) in section 579, by striking ``October 1, 2022'' each place it 
appears and inserting in lieu thereof ``October 1, 2027''.
    Sec. 237.  The Secretary may transfer from amounts made available 
for salaries and expenses under this title (excluding amounts made 
available under the heading ``Office of Inspector General'') up to 
$500,000 from each office to the heading ``Information Technology Fund'' 
for information technology needs, including for additional development, 
modernization, and enhancement, to remain available until September 30, 
2025:  Provided, That the total amount of such transfers shall not 
exceed $5,000,000:  Provided further, That this transfer authority shall 
not be used to fund information technology projects or activities that 
have known out-year development, modernization, or enhancement costs in 
excess of $500,000:  Provided 
further, <<NOTE: Notification. Deadline.>> That the Secretary shall 
provide notification to the House and Senate Committees on 
Appropriations no less than three business days in advance of any such 
transfer.

[[Page 136 STAT. 5181]]

    Sec. 238.  Funds previously made available in the Consolidated 
Appropriations Act, 2019 (Public Law 116-6) for ``Lead Hazard 
Reduction'' that were available for obligation through fiscal year 2020 
are to remain available through fiscal year 2027 for the liquidation of 
valid obligations incurred in fiscal years 2019 through 2020.

    Sec. 239.  <<NOTE: Compliance.>>  The Secretary shall comply with 
all process requirements, including public notice and comment, when 
seeking to revise any annual contributions contract.

    Sec. 240.  None of the funds appropriated or otherwise made 
available in this or prior Acts may be used by the Department to carry 
out customer experience activities within the Office of the Assistant 
Chief Financial Officer for Budget.
    This title may be cited as the ``Department of Housing and Urban 
Development Appropriations Act, 2023''.

                                TITLE III

                            RELATED AGENCIES

                              Access Board

                          salaries and expenses

    For expenses necessary for the Access Board, as authorized by 
section 502 of the Rehabilitation Act of 1973 (29 U.S.C. 792), 
$9,850,000:  Provided, That, notwithstanding any other provision of law, 
there may be credited to this appropriation funds received for 
publications and training expenses.

                       Federal Maritime Commission

                          salaries and expenses

    For necessary expenses of the Federal Maritime Commission as 
authorized by section 201(d) of the Merchant Marine Act, 1936, as 
amended (46 U.S.C. 46107), including services as authorized by section 
3109 of title 5, United States Code; hire of passenger motor vehicles as 
authorized by section 1343(b) of title 31, United States Code; and 
uniforms or allowances therefore, as authorized by sections 5901 and 
5902 of title 5, United States Code, $38,260,000, of which $2,000,000 
shall remain available until September 30, 2024:  Provided, That not to 
exceed $3,500 shall be for official reception and representation 
expenses.

                 National Railroad Passenger Corporation

                       Office of Inspector General

                          salaries and expenses

    For necessary expenses of the Office of Inspector General for the 
National Railroad Passenger Corporation to carry out the provisions of 
the Inspector General Act of 1978 (5 U.S.C. App. 3), $27,935,000:  
Provided, That the Inspector General shall have all necessary authority, 
in carrying out the duties specified in such Act, to investigate 
allegations of fraud, including false statements to the Government under 
section 1001 of title 18, United States

[[Page 136 STAT. 5182]]

Code, by any person or entity that is subject to regulation by the 
National Railroad Passenger Corporation:  Provided further, 
That <<NOTE: Contracts.>> the Inspector General may enter into contracts 
and other arrangements for audits, studies, analyses, and other services 
with public agencies and with private persons, subject to the applicable 
laws and regulations that govern the obtaining of such services within 
the National Railroad Passenger Corporation:  Provided further, That the 
Inspector General may select, appoint, and employ such officers and 
employees as may be necessary for carrying out the functions, powers, 
and duties of the Office of Inspector General, subject to the applicable 
laws and regulations that govern such selections, appointments, and 
employment within the National Railroad Passenger Corporation:  Provided 
further, <<NOTE: Budget request.>> That concurrent with the President's 
budget request for fiscal year 2024, the Inspector General shall submit 
to the House and Senate Committees on Appropriations a budget request 
for fiscal year 2024 in similar format and substance to budget requests 
submitted by executive agencies of the Federal Government.

                  National Transportation Safety Board

                          salaries and expenses

    For necessary expenses of the National Transportation Safety Board, 
including hire of passenger motor vehicles and aircraft; services as 
authorized by section 3109 of title 5, United States Code, but at rates 
for individuals not to exceed the per diem rate equivalent to the rate 
for a GS-15; uniforms, or allowances therefor, as authorized by sections 
5901 and 5902 of title 5, United States Code, $129,300,000, of which not 
to exceed $2,000 may be used for official reception and representation 
expenses:  Provided, That the amounts made available to the National 
Transportation Safety Board in this Act include amounts necessary to 
make lease payments on an obligation incurred in fiscal year 2001 for a 
capital lease.

                  Neighborhood Reinvestment Corporation

          payment to the neighborhood reinvestment corporation

    For payment to the Neighborhood Reinvestment Corporation for use in 
neighborhood reinvestment activities, as authorized by the Neighborhood 
Reinvestment Corporation Act (42 U.S.C. 8101-8107), $166,000,000:  
Provided, That an additional $4,000,000, to remain available until 
September 30, 2026, shall be for the promotion and development of shared 
equity housing models.

                      Surface Transportation Board

                          salaries and expenses

    For necessary expenses of the Surface Transportation Board, 
including services authorized by section 3109 of title 5, United States 
Code, $41,429,000:  Provided, That, notwithstanding any other provision 
of law, not to exceed $1,250,000 from fees established by the Surface 
Transportation Board shall be credited to this appropriation as 
offsetting collections and used for necessary and authorized expenses 
under this heading:  Provided further, That

[[Page 136 STAT. 5183]]

the amounts made available under this heading from the general fund 
shall be reduced on a dollar-for-dollar basis as such offsetting 
collections are received during fiscal year 2023, to result in a final 
appropriation from the general fund estimated at not more than 
$40,179,000.

            United States Interagency Council on Homelessness

                           operating expenses

    For necessary expenses, including payment of salaries, authorized 
travel, hire of passenger motor vehicles, the rental of conference 
rooms, and the employment of experts and consultants under section 3109 
of title 5, United States Code, of the United States Interagency Council 
on Homelessness in carrying out the functions pursuant to title II of 
the McKinney-Vento Homeless Assistance Act, as amended, $4,000,000.

                                TITLE IV

                      GENERAL PROVISIONS--THIS ACT

    Sec. 401.  None of the funds in this Act shall be used for the 
planning or execution of any program to pay the expenses of, or 
otherwise compensate, non-Federal parties intervening in regulatory or 
adjudicatory proceedings funded in this Act.
    Sec. 402.  None of the funds appropriated in this Act shall remain 
available for obligation beyond the current fiscal year, nor may any be 
transferred to other appropriations, unless expressly so provided 
herein.
    Sec. 403.  <<NOTE: Contracts.>> The expenditure of any appropriation 
under this Act for any consulting service through a procurement contract 
pursuant to section 3109 of title 5, United States Code, shall be 
limited to those contracts where such expenditures are a matter of 
public record and available for public inspection, except where 
otherwise provided under existing law, or under existing Executive order 
issued pursuant to existing law.

    Sec. 404. (a) None of the funds made available in this Act may be 
obligated or expended for any employee training that--
            (1) does not meet identified needs for knowledge, skills, 
        and abilities bearing directly upon the performance of official 
        duties;
            (2) contains elements likely to induce high levels of 
        emotional response or psychological stress in some participants;
            (3) does not require prior employee notification of the 
        content and methods to be used in the training and written end 
        of course evaluation;
            (4) contains any methods or content associated with 
        religious or quasi-religious belief systems or ``new age'' 
        belief systems as defined in Equal Employment Opportunity 
        Commission Notice N-915.022, dated September 2, 1988; or
            (5) is offensive to, or designed to change, participants' 
        personal values or lifestyle outside the workplace.

    (b) Nothing in this section shall prohibit, restrict, or otherwise 
preclude an agency from conducting training bearing directly upon the 
performance of official duties.
    Sec. 405.  Except as otherwise provided in this Act, none of the 
funds provided in this Act, provided by previous appropriations

[[Page 136 STAT. 5184]]

Acts to the agencies or entities funded in this Act that remain 
available for obligation or expenditure in fiscal year 2023, or provided 
from any accounts in the Treasury derived by the collection of fees and 
available to the agencies funded by this Act, shall be available for 
obligation or expenditure through a reprogramming of funds that--
            (1) creates a new program;
            (2) eliminates a program, project, or activity;
            (3) increases funds or personnel for any program, project, 
        or activity for which funds have been denied or restricted by 
        the Congress;
            (4) proposes to use funds directed for a specific activity 
        by either the House or Senate Committees on Appropriations for a 
        different purpose;
            (5) augments existing programs, projects, or activities in 
        excess of $5,000,000 or 10 percent, whichever is less;
            (6) reduces existing programs, projects, or activities by 
        $5,000,000 or 10 percent, whichever is less; or
            (7) <<NOTE: Advance approval.>> creates, reorganizes, or 
        restructures a branch, division, office, bureau, board, 
        commission, agency, administration, or department different from 
        the budget justifications submitted to the Committees on 
        Appropriations or the table accompanying the explanatory 
        statement described in section 4 (in the matter preceding 
        division A of this consolidated Act), whichever is more 
        detailed, unless prior approval is received from the House and 
        Senate Committees on Appropriations:

  Provided, <<NOTE: Reports.>> That not later than 60 days after the 
date of enactment of this Act, each agency funded by this Act shall 
submit a report to the Committees on Appropriations of the Senate and of 
the House of Representatives to establish the baseline for application 
of reprogramming and transfer authorities for the current fiscal year:  
Provided further, That the report shall include--
                    (A) a table for each appropriation with a separate 
                column to display the prior year enacted level, the 
                President's budget request, adjustments made by 
                Congress, adjustments due to enacted rescissions, if 
                appropriate, and the fiscal year enacted level;
                    (B) <<NOTE: Applicability.>> a delineation in the 
                table for each appropriation and its respective prior 
                year enacted level by object class and program, project, 
                and activity as detailed in this Act, the table 
                accompanying the explanatory statement described in 
                section 4 (in the matter preceding division A of this 
                consolidated Act), accompanying reports of the House and 
                Senate Committee on Appropriations, or in the budget 
                appendix for the respective appropriations, whichever is 
                more detailed, and shall apply to all items for which a 
                dollar amount is specified and to all programs for which 
                new budget (obligational) authority is provided, as well 
                as to discretionary grants and discretionary grant 
                allocations; and
                    (C) an identification of items of special 
                congressional interest.

    Sec. 406.  Except as otherwise specifically provided by law, not to 
exceed 50 percent of unobligated balances remaining available at the end 
of fiscal year 2023 from appropriations made available for salaries and 
expenses for fiscal year 2023 in this Act, shall remain available 
through September 30, 2024, for each such account

[[Page 136 STAT. 5185]]

for the purposes authorized:  Provided, <<NOTE: Advance 
approval. Expenditure requests. Compliance.>> That a request shall be 
submitted to the House and Senate Committees on Appropriations for 
approval prior to the expenditure of such funds:  Provided further, That 
these requests shall be made in compliance with reprogramming guidelines 
under section 405 of this Act.

    Sec. 407.  <<NOTE: Eminent domain.>>  No funds in this Act may be 
used to support any Federal, State, or local projects that seek to use 
the power of eminent domain, unless eminent domain is employed only for 
a public use:  Provided, That for purposes of this section, public use 
shall not be construed to include economic development that primarily 
benefits private entities:  Provided further, That any use of funds for 
mass transit, railroad, airport, seaport or highway projects, as well as 
utility projects which benefit or serve the general public (including 
energy-related, communication-related, water-related and wastewater-
related infrastructure), other structures designated for use by the 
general public or which have other common-carrier or public-utility 
functions that serve the general public and are subject to regulation 
and oversight by the government, and projects for the removal of an 
immediate threat to public health and safety or brownfields as defined 
in the Small Business Liability Relief and Brownfields Revitalization 
Act (Public Law 107-118) shall be considered a public use for purposes 
of eminent domain.

    Sec. 408.  None of the funds made available in this Act may be 
transferred to any department, agency, or instrumentality of the United 
States Government, except pursuant to a transfer made by, or transfer 
authority provided in, this Act or any other appropriations Act.
    Sec. 409.  <<NOTE: Compliance.>>  No funds appropriated pursuant to 
this Act may be expended by an entity unless the entity agrees that in 
expending the assistance the entity will comply with sections 2 through 
4 of the Act of March 3, 1933 (41 U.S.C. 8301-8305, popularly known as 
the ``Buy American Act'').

    Sec. 410.  No funds appropriated or otherwise made available under 
this Act shall be made available to any person or entity that has been 
convicted of violating the Buy American Act (41 U.S.C. 8301-8305).
    Sec. 411.  None of the funds made available in this Act may be used 
for first-class airline accommodations in contravention of sections 301-
10.122 and 301-10.123 of title 41, Code of Federal Regulations.
    Sec. 412.  <<NOTE: Reports.>> None of the funds made available in 
this Act may be used to send or otherwise pay for the attendance of more 
than 50 employees of a single agency or department of the United States 
Government, who are stationed in the United States, at any single 
international conference unless the relevant Secretary reports to the 
House and Senate Committees on Appropriations at least 5 days in advance 
that such attendance is important to the national interest:  
Provided, <<NOTE: Definition.>> That for purposes of this section the 
term ``international conference'' shall mean a conference occurring 
outside of the United States attended by representatives of the United 
States Government and of foreign governments, international 
organizations, or nongovernmental organizations.

    Sec. 413.  None of the funds appropriated or otherwise made 
available under this Act may be used by the Surface Transportation Board 
to charge or collect any filing fee for rate or practice complaints 
filed with the Board in an amount in excess of the amount

[[Page 136 STAT. 5186]]

authorized for district court civil suit filing fees under section 1914 
of title 28, United States Code.
    Sec. 414. (a) <<NOTE: Pornography.>> None of the funds made 
available in this Act may be used to maintain or establish a computer 
network unless such network blocks the viewing, downloading, and 
exchanging of pornography.

    (b) Nothing in subsection (a) shall limit the use of funds necessary 
for any Federal, State, tribal, or local law enforcement agency or any 
other entity carrying out criminal investigations, prosecution, or 
adjudication activities.
    Sec. 415. <<NOTE: Records.>>  (a) None of the funds made available 
in this Act may be used to deny an Inspector General funded under this 
Act timely access to any records, documents, or other materials 
available to the department or agency over which that Inspector General 
has responsibilities under the Inspector General Act of 1978 (5 U.S.C. 
App.), or to prevent or impede that Inspector General's access to such 
records, documents, or other materials, under any provision of law, 
except a provision of law that expressly refers to the Inspector General 
and expressly limits the Inspector General's right of access.

    (b) A department or agency covered by this section shall provide its 
Inspector General with access to all such records, documents, and other 
materials in a timely manner.
    (c) Each Inspector General shall ensure compliance with statutory 
limitations on disclosure relevant to the information provided by the 
establishment over which that Inspector General has responsibilities 
under the Inspector General Act of 1978 (5 U.S.C. App.).
    (d) <<NOTE: Reports. Compliance.>>  Each Inspector General covered 
by this section shall report to the Committees on Appropriations of the 
House of Representatives and the Senate within 5 calendar days any 
failures to comply with this requirement.

    Sec. 416.  <<NOTE: Contracts. Determination.>>  None of the funds 
appropriated or otherwise made available by this Act may be used to pay 
award or incentive fees for contractors whose performance has been 
judged to be below satisfactory, behind schedule, over budget, or has 
failed to meet the basic requirements of a contract, unless the Agency 
determines that any such deviations are due to unforeseeable events, 
government-driven scope changes, or are not significant within the 
overall scope of the project and/or program unless such awards or 
incentive fees are consistent with 16.401(e)(2) of the Federal 
Acquisition Regulations.

    Sec. 417.  <<NOTE: Deadlines. Time period. Certification.>> No part 
of any appropriation contained in this Act shall be available to pay the 
salary for any person filling a position, other than a temporary 
position, formerly held by an employee who has left to enter the Armed 
Forces of the United States and has satisfactorily completed his or her 
period of active military or naval service, and has within 90 days after 
his or her release from such service or from hospitalization continuing 
after discharge for a period of not more than 1 year, made application 
for restoration to his or her former position and has been certified by 
the Office of Personnel Management as still qualified to perform the 
duties of his or her former position and has not been restored thereto.

    Sec. 418. (a) None of the funds made available by this Act may be 
used to approve a new foreign air carrier permit under sections 41301 
through 41305 of title 49, United States Code, or exemption application 
under section 40109 of that title of an air carrier already holding an 
air operators certificate issued by a

[[Page 136 STAT. 5187]]

country that is party to the U.S.-E.U.-Iceland-Norway Air Transport 
Agreement where such approval would contravene United States law or 
Article 17 bis of the U.S.-E.U.-Iceland-Norway Air Transport Agreement.
    (b) Nothing in this section shall prohibit, restrict or otherwise 
preclude the Secretary of Transportation from granting a foreign air 
carrier permit or an exemption to such an air carrier where such 
authorization is consistent with the U.S.-E.U.-Iceland-Norway Air 
Transport Agreement and United States law.
    Sec. 419.  None of the funds made available by this Act to the 
Department of Transportation may be used in contravention of section 
306108 of title 54, United States Code.
    Sec. 420. <<NOTE: Time period.>> (a) Funds previously made available 
in chapter 9 of title X of the Disaster Relief Appropriations Act, 2013 
(Public Law 113-2, division A; 127 Stat. 36) under the heading 
``Department of Housing and Urban Development--Community Planning and 
Development--Community Development Fund'' that were available for 
obligation through fiscal year 2017 are to remain available until 
expended for the liquidation of valid obligations incurred in fiscal 
years 2013 through 2017.

    (b) Amounts repurposed pursuant to this section that were previously 
designated by the Congress as an emergency requirement pursuant to the 
Balanced Budget and Emergency Deficit Control Act of 1985 or a 
concurrent resolution on the budget are designated as an emergency 
requirement pursuant to section 4001(a)(1) of S. Con. Res. 14 (117th 
Congress), the concurrent resolution on the budget for fiscal year 2022, 
and section 1(e) of H. Res. 1151 (117th Congress) as engrossed in the 
House of Representatives on June 8, 2022.
    Sec. 421.  In the table of projects in the explanatory statement 
referenced in section 417 of the Transportation, Housing and Urban 
Development, and Related Agencies Appropriations Act, 2022 (division L 
of Public Law 117-103)--
            (1) the item relating to ``Greensboro Judy Center Early 
        Learning Hub Facility'' is deemed to be amended by striking 
        ``Greensboro Judy Center Early Learning Hub Facility'' and 
        inserting ``Building maintenance for Greensboro Judy Center 
        Early Learning Hub Facility'';
            (2) the item relating to ``Constructing commercial kitchen 
        to increase access to healthy food'' is deemed to be amended by 
        striking recipient ``Cross Street Partners'' and inserting ``The 
        Good Stuff'';
            (3) the item relating to ``Covenant House PA Transition 
        Housing'' is deemed to be amended by striking recipient 
        ``Covenant House Pennsylvania'' and inserting ``Covenant House 
        Pennsylvania Under 21'';
            (4) the item relating to ``Long Island Greenway'' is deemed 
        to be amended by striking ``Long Island Greenway'' and inserting 
        ``For the planning and design of the Long Island Greenway'';
            (5) the item relating to ``Acquisition of property for 
        permanent Veterans' homeless shelter'' is deemed to be amended 
        by striking ``Acquisition of property for permanent Veterans' 
        homeless shelter'' and inserting ``Acquisition or rehabilitation 
        of property for permanent veterans' homeless shelter'';

[[Page 136 STAT. 5188]]

            (6) the item relating to ``Gourdy Ampitheater Project'' is 
        deemed to be amended by striking ``Gourdy Ampitheater Project'' 
        and inserting ``Goudy Park'';
            (7) the item relating to ``Community Bike Works: Easton'' is 
        deemed to be amended by striking ``Easton'' and inserting 
        ``Easton and Allentown'';
            (8) the item relating to ``Barrington Town Offices and 
        Emergency Operations Center Construction'' is deemed to be 
        amended by striking ``Barrington Town Offices and Emergency 
        Operations Center Construction'' and inserting ``For activities 
        of the Town of Barrington'';
            (9) the item relating to ``Holladay Community Center Public 
        Facility'' is deemed to be amended by striking recipient 
        ``Housing Authority of Salt Lake City (HASLC)'' and inserting 
        ``Salt Lake County'';
            (10) the item relating to ``Somersworth Fire Training 
        Tower'' is deemed to be amended by striking ``Tower'' and 
        inserting ``and Equipment'';
            (11) the item relating to ``Generator and structure to house 
        generator for Guma Esperansa'' is deemed to be amended by 
        striking ``Generator and structure to house generator for Guma 
        Esperansa'' and inserting ``For the installation and ongoing 
        maintenance of the generator and its structure at Guma 
        Esperansa'';
            (12) the item relating to ``Facility Improvements'' is 
        deemed to be amended by striking recipient ``Sterling House 
        Community Center Inc.'' and inserting ``Town of Stratford'';
            (13) the item relating to ``Stateline Boys & Girls Club--
        Beloit, WI Facility Construction'' is deemed to be amended by 
        striking ``Facility Construction'';
            (14) the item relating to ``The MEWS at Spencer Road, 
        Affordable Housing and Mixed Use Development'' is deemed to be 
        amended by striking recipient ``Will County Development 
        Corporation'' and inserting ``Will County Housing Development 
        Corporation'';
            (15) the item relating to ``Bluefield Historic District 
        Restoration'' is deemed to be amended by striking ``Historic 
        District''; and
            (16) the item relating to ``Port of West Virginia Railroad 
        Bridge Improvements'' is deemed to be amended by striking 
        ``Bridge''.

    Sec. 422.  None of the funds made available to the Department of 
Housing and Urban Development in this or prior Acts may be used to issue 
a solicitation or accept bids on any solicitation that is substantially 
equivalent to the draft solicitation entitled ``Housing Assistance 
Payments (HAP) Contract Support Services (HAPSS)'' posted to www.Sam.gov 
on July 27, 2022.
    Sec. 423.  Section 1105(e)(5)(C)(i) of the Intermodal Surface 
Transportation Efficiency Act of 1991 (Public Law 102-240; 109 Stat. 
598; 133 Stat. 3018) is amended by striking the seventh, eighth, and 
ninth sentences.
    This division may be cited as the ``Transportation, Housing and 
Urban Development, and Related Agencies Appropriations Act, 2023''.

[[Page 136 STAT. 5189]]

DIVISION M-- <<NOTE: Additional Ukraine Supplemental Appropriations Act, 
2023.>> ADDITIONAL UKRAINE SUPPLEMENTAL APPROPRIATIONS ACT, 2023

                                 TITLE I

                        DEPARTMENT OF AGRICULTURE

                 FOREIGN ASSISTANCE AND RELATED PROGRAMS

                      Foreign Agricultural Service

                     food for peace title ii grants

    For an additional amount for ``Food for Peace Title II Grants'', 
$50,000,000, to remain available until expended.

   mcgovern-dole international food for education and child nutrition 
                             program grants

    For an additional amount for ``McGovern-Dole Food for Education and 
Child Nutrition Program Grants'', $5,000,000, to remain available until 
expended.

                                TITLE II

                          DEPARTMENT OF DEFENSE

                           MILITARY PERSONNEL

                        Military Personnel, Army

    For an additional amount for ``Military Personnel, Army'', 
$54,252,000, to remain available until September 30, 2023, to respond to 
the situation in Ukraine and for related expenses, including for 
hardship duty pay.

                        Military Personnel, Navy

    For an additional amount for ``Military Personnel, Navy'', 
$1,386,000, to remain available until September 30, 2023, to respond to 
the situation in Ukraine and for related expenses, including for 
hardship duty pay.

                    Military Personnel, Marine Corps

    For an additional amount for ``Military Personnel, Marine Corps'', 
to remain available until September 30, 2023, $1,400,000, to respond to 
the situation in Ukraine and for related expenses, including for 
hardship duty pay.

                      Military Personnel, Air Force

    For an additional amount for ``Military Personnel, Air Force'', 
$31,028,000, to remain available until September 30, 2023, to respond to 
the situation in Ukraine and for related expenses, including for 
hardship duty pay.

[[Page 136 STAT. 5190]]

                     Military Personnel, Space Force

    For an additional amount for ``Military Personnel, Space Force'', 
$3,663,000, to remain available until September 30, 2023, to respond to 
the situation in Ukraine and for related expenses, including for 
hardship duty pay.

                        OPERATION AND MAINTENANCE

                     Operation and Maintenance, Army

    For an additional amount for ``Operation and Maintenance, Army'', 
$3,020,741,000, to remain available until September 30, 2023, to respond 
to the situation in Ukraine and for related expenses.

                     Operation and Maintenance, Navy

    For an additional amount for ``Operation and Maintenance, Navy'', 
$871,410,000, to remain available until September 30, 2023, to respond 
to the situation in Ukraine and for related expenses.

                 Operation and Maintenance, Marine Corps

    For an additional amount for ``Operation and Maintenance, Marine 
Corps'', $14,620,000, to remain available until September 30, 2023, to 
respond to the situation in Ukraine and for related expenses.

                  Operation and Maintenance, Air Force

    For an additional amount for ``Operation and Maintenance, Air 
Force'', $580,266,000, to remain available until September 30, 2023, to 
respond to the situation in Ukraine and for related expenses.

                 Operation and Maintenance, Space Force

    For an additional amount for ``Operation and Maintenance, Space 
Force'', $8,742,000, to remain available until September 30, 2023, to 
respond to the situation in Ukraine and for related expenses.

                 Operation and Maintenance, Defense-Wide

                      (including transfer of funds)

    For an additional amount for ``Operation and Maintenance, Defense-
Wide'', $21,160,737,000, to remain available until September 30, 2023, 
to respond to the situation in Ukraine and for related expenses:  
Provided, That of the total amount provided under this heading in this 
Act, $9,000,000,000, to remain available until September 30, 2024, shall 
be for the Ukraine Security Assistance Initiative:  Provided further, 
That such funds for the Ukraine Security Assistance Initiative shall be 
available to the Secretary of Defense under the same terms and 
conditions as are provided for in section 8110 of the Department of 
Defense Appropriations Act, 2023:  Provided 
further, <<NOTE: Contributions.>> That the Secretary of Defense may 
accept and retain contributions, including money, personal property,

[[Page 136 STAT. 5191]]

and services, from foreign governments and other entities, to carry out 
assistance authorized for the Ukraine Security Assistance Initiative 
under this heading in this Act:  Provided 
further, <<NOTE: Notification.>>  That the Secretary of Defense shall 
notify the congressional defense committees in writing upon the receipt 
and upon the obligation of any contribution, delineating the sources and 
amounts of the funds received and the specific use of such 
contributions:  Provided further, That contributions of money for the 
purposes provided herein from any foreign government or other entity may 
be credited to this account, to remain available until September 30, 
2024, and used for such purposes:  Provided further, That of the total 
amount provided under this heading in this Act, up to $11,880,000,000, 
to remain available until September 30, 2024, may be transferred to 
accounts under the headings ``Operation and Maintenance'' and 
``Procurement'' for replacement of defense articles from the stocks of 
the Department of Defense, and for reimbursement for defense services of 
the Department of Defense and military education and training, provided 
to the Government of Ukraine or to foreign countries that have provided 
support to Ukraine at the request of the United States:  Provided 
further, That funds transferred pursuant to the preceding proviso shall 
be merged with and available for the same purposes and for the same time 
period as the appropriations to which the funds are transferred:  
Provided further, That the <<NOTE: Notification. Deadline.>> Secretary 
of Defense shall notify the congressional defense committees of the 
details of such transfers not less than 15 days before any such 
transfer:  Provided further, <<NOTE: Determination.>> That upon a 
determination that all or part of the funds transferred from this 
appropriation are not necessary for the purposes provided herein, such 
amounts may be transferred back and merged with this appropriation:  
Provided further, That the transfer authority provided herein is in 
addition to any other transfer authority provided by law.

                               PROCUREMENT

                        Missile Procurement, Army

    For an additional amount for ``Missile Procurement, Army'', 
$354,000,000, to remain available until September 30, 2025, to respond 
to the situation in Ukraine and for related expenses.

                     Procurement of Ammunition, Army

    For an additional amount for ``Procurement of Ammunition, Army'', 
$687,000,000, to remain available until September 30, 2025, for 
expansion of public and private plants, including the land necessary 
therefor, and procurement and installation of equipment appliances, and 
machine tools in such plants, for the purpose of increasing production 
of critical munitions to replace defense articles provided to the 
Government of Ukraine or foreign countries that have provided support to 
Ukraine at the request of the United States.

                         Other Procurement, Army

    For an additional amount for ``Other Procurement, Army'', 
$6,000,000, to remain available until September 30, 2025, to respond to 
the situation in Ukraine and for related expenses.

[[Page 136 STAT. 5192]]

                      Other Procurement, Air Force

    For an additional amount for ``Other Procurement, Air Force'', 
$730,045,000, to remain available until September 30, 2025, to respond 
to the situation in Ukraine and for related expenses.

                        Procurement, Defense-Wide

    For an additional amount for ``Procurement, Defense-Wide'', 
$3,326,000, to remain available until September 30, 2025, to respond to 
the situation in Ukraine and for related expenses.

               RESEARCH, DEVELOPMENT, TEST AND EVALUATION

            Research, Development, Test and Evaluation, Army

    For an additional amount for ``Research, Development, Test and 
Evaluation, Army'', $5,800,000, to remain available until September 30, 
2024, to respond to the situation in Ukraine and for related expenses.

            Research, Development, Test and Evaluation, Navy

    For an additional amount for ``Research, Development, Test and 
Evaluation, Navy'', $38,500,000, to remain available until September 30, 
2024, to respond to the situation in Ukraine and for related expenses.

          Research, Development, Test and Evaluation, Air Force

    For an additional amount for ``Research, Development, Test and 
Evaluation, Air Force'', $185,142,000, to remain available until 
September 30, 2024, to respond to the situation in Ukraine and for 
related expenses.

        Research, Development, Test and Evaluation, Defense-Wide

    For an additional amount for ``Research, Development, Test and 
Evaluation, Defense-Wide'', $89,515,000, to remain available until 
September 30, 2024, to respond to the situation in Ukraine and for 
related expenses.

                  OTHER DEPARTMENT OF DEFENSE PROGRAMS

                         Defense Health Program

    For an additional amount for ``Defense Health Program'', 
$14,100,000, to remain available until September 30, 2023, which shall 
be for operation and maintenance, to respond to the situation in Ukraine 
and for related expenses.

                     Office of the Inspector General

    For an additional amount for ``Office of the Inspector General'', 
$6,000,000, to remain available until September 30, 2023, which shall be 
for operation and maintenance, to carry out reviews of the activities of 
the Department of Defense to execute funds appropriated in this title, 
including assistance provided to Ukraine:  Provided, That the Inspector 
General of the Department of Defense

[[Page 136 STAT. 5193]]

shall provide to the congressional defense committees a briefing not 
later than 90 days after the date of enactment of this Act.

                            RELATED AGENCIES

                Intelligence Community Management Account

    For an additional amount for ``Intelligence Community Management 
Account'', $75,000, to remain available until September 30, 2023, to 
respond to the situation in Ukraine and for related expenses.

                     GENERAL PROVISIONS--THIS TITLE

    Sec. 1201.  <<NOTE: Reports.>>  Not later than 45 days after the 
date of enactment of this Act, the Secretary of Defense, in coordination 
with the Secretary of State, shall submit a report to the Committees on 
Appropriations, Armed Services, and Foreign Affairs of the House of 
Representatives and the Committees on Appropriations, Armed Services, 
and Foreign Relations of the Senate on measures being taken to account 
for United States defense articles designated for Ukraine since the 
February 24, 2022, Russian invasion of Ukraine, particularly measures 
with regard to such articles that require enhanced end-use monitoring; 
measures to ensure that such articles reach their intended recipients 
and are used for their intended purposes; and any other measures to 
promote accountability for the use of such articles:  Provided, That 
such report shall include a description of any occurrences of articles 
not reaching their intended recipients or used for their intended 
purposes and a description of any remedies taken:  Provided further, 
That such report shall be submitted in unclassified form, but may be 
accompanied by a classified annex.

    Sec. 1202.  <<NOTE: Reports.>> Not later than 30 days after the date 
of enactment of this Act, and every 30 days thereafter through fiscal 
year 2024, the Secretary of Defense, in coordination with the Secretary 
of State, shall provide a written report to the Committees on 
Appropriations, Armed Services, and Foreign Affairs of the House of 
Representatives and the Committees on Appropriations, Armed Services, 
and Foreign Relations of the Senate describing United States security 
assistance provided to Ukraine since the February 24, 2022, Russian 
invasion of Ukraine, including a comprehensive list of the defense 
articles and services provided to Ukraine and the associated authority 
and funding used to provide such articles and services:  Provided, That 
such report shall be submitted in unclassified form, but may be 
accompanied by a classified annex.

                                TITLE III

                          DEPARTMENT OF ENERGY

                             ENERGY PROGRAMS

                             Nuclear Energy

    For an additional amount for ``Nuclear Energy'', $300,000,000, to 
remain available until expended:  Provided, That of the amount provided 
under this heading in this Act, $100,000,000 shall be for Advanced 
Nuclear Fuel Availability:  Provided further, That of

[[Page 136 STAT. 5194]]

the amount provided under this heading in this Act, $60,000,000 shall be 
to carry out the demonstrations of the Advanced Reactor Demonstration 
Program:  Provided further, That of the amount provided under this 
heading in this Act, $20,000,000 shall be to carry about activities for 
the National Reactor Innovation Center:  Provided further, That of the 
amount provided under this heading in this Act, $120,000,000 shall be to 
carry about activities for the Risk Reduction for Future Demonstrations.

                    ATOMIC ENERGY DEFENSE ACTIVITIES

                NATIONAL NUCLEAR SECURITY ADMINISTRATION

                    Defense Nuclear Nonproliferation

    For an additional amount for ``Defense Nuclear Nonproliferation'', 
$126,300,000, to remain available until expended, to respond to the 
situation in Ukraine and for related expenses.

                      GENERAL PROVISION--THIS TITLE

    Sec. 1301. (a) Of the unobligated balances from amounts deposited in 
the SPR Petroleum Account pursuant to section 167(b)(3) of the Energy 
Policy and Conservation Act (42 U.S.C. 6247(b)(3)), $10,395,000,000 is 
hereby permanently rescinded not later than September 30, 2023.
    (b) Section 403(a) of the Bipartisan Budget Act of 2015 (Public Law 
114-74) is <<NOTE: 42 USC 6241 note.>> amended by adding ``and'' after 
the semicolon in paragraph (5), striking the semicolon in paragraph (6) 
and inserting a period, and striking paragraphs (7) and (8).

    (c) Section 32204(a)(1) of the FAST Act (Public Law 114-94) is 
amended <<NOTE: 42 USC 6241 note.>> by adding ``and'' after the 
semicolon in subparagraph (A), striking the semicolon in subparagraph 
(B) and inserting a period, and striking subparagraphs (C) and (D).

    (d) Section 30204(a)(1) of the Bipartisan Budget Act of 2018 (Public 
Law 115-123) is <<NOTE: 42 USC 6241 note.>> amended by striking the word 
``Reserve'' and everything that follows and adding the following: 
``Reserve 30,000,000 barrels of crude oil during the period of fiscal 
years 2022 through 2027.''.

                                TITLE IV

    EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO THE 
                                PRESIDENT

         National Security Council and Homeland Security Council

                          salaries and expenses

    For an additional amount for ``Salaries and Expenses'', $1,000,000, 
to remain available until expended, for necessary expenses of the 
National Security Council.

[[Page 136 STAT. 5195]]

                                 TITLE V

                 DEPARTMENT OF HEALTH AND HUMAN SERVICES

                Administration for Children and Families

                     refugee and entrant assistance

    For an additional amount for ``Refugee and Entrant Assistance'', 
$2,400,000,000, to remain available until September 30, 2024:  Provided, 
That amounts made available under this heading in this Act may be used 
for grants or contracts with qualified organizations, including 
nonprofit entities, to provide culturally and linguistically appropriate 
services, including wraparound services, housing assistance, medical 
assistance, legal assistance, and case management assistance:  Provided 
further, That amounts made available under this heading in this Act may 
be used by the Director of the Office of Refugee Resettlement (Director) 
to issue awards or supplement awards previously made by the Director:  
Provided further, That the Director, in carrying out section 
412(c)(1)(A) of the Immigration and Nationality Act (8 U.S.C. 
1522(c)(1)(A)) with amounts made available under this heading in this 
Act, may allocate such amounts among the States in a manner that 
accounts for the most current data available.

                      GENERAL PROVISION--THIS TITLE

    Sec. 1501.  Subsection (a)(1)(A) of section 2502 of the Afghanistan 
Supplemental Appropriations Act, 2022 (division C of Public Law 117-43) 
is <<NOTE: 8 USC 1101 note.>> amended by striking ``September 30, 2022'' 
and inserting ``September 30, 2023''.

                                TITLE VI

                           LEGISLATIVE BRANCH

                    GOVERNMENT ACCOUNTABILITY OFFICE

                          Salaries and Expenses

    For an additional amount for ``Salaries and Expenses'', $7,500,000, 
to remain available until expended, for oversight of the amounts 
provided in division N of Public Law 117-103, Public Law 117-128, 
division B of Public Law 117-180, and this Act.

                                TITLE VII

                 DEPARTMENT OF STATE AND RELATED AGENCY

                           DEPARTMENT OF STATE

                    Administration of Foreign Affairs

                           diplomatic programs

    For an additional amount for ``Diplomatic Programs'', $147,054,000, 
to remain available until September 30, 2024, of which not less than 
$60,000,000 shall be made available to respond

[[Page 136 STAT. 5196]]

to the situation in Ukraine and in countries impacted by the situation 
in Ukraine.

                       office of inspector general

    For an additional amount for ``Office of Inspector General'', 
$5,500,000, to remain available until September 30, 2024.

           UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT

                   Funds Appropriated to the President

                           operating expenses

    For an additional amount for ``Operating Expenses'', $5,000,000, to 
remain available until September 30, 2024, to respond to the situation 
in Ukraine and in countries impacted by the situation in Ukraine.

                       office of inspector general

    For an additional amount for ``Office of Inspector General'', 
$8,000,000, to remain available until September 30, 2024.

                      BILATERAL ECONOMIC ASSISTANCE

                   Funds Appropriated to the President

                    international disaster assistance

    For an additional amount for ``International Disaster Assistance'', 
$937,902,000, to remain available until expended, of which not less than 
$300,000,000 shall be made available to respond to humanitarian needs in 
Ukraine and in countries impacted by the situation in Ukraine, including 
the provision of emergency food and shelter, and for assistance for 
other vulnerable populations and communities, including through local 
and international nongovernmental organizations.

                         transition initiatives

    For an additional amount for ``Transition Initiatives'', 
$50,000,000, to remain available until expended, for assistance for 
Ukraine and countries impacted by the situation in Ukraine.

                          economic support fund

    For an additional amount for ``Economic Support Fund'', 
$12,966,500,000 to remain available until September 30, 2024, for 
assistance for Ukraine and countries impacted by the situation in 
Ukraine, which may include budget support:  Provided, That funds 
appropriated under this heading in this Act may be made available 
notwithstanding any other provision of law that restricts assistance to 
foreign countries and may be made available as contributions.

[[Page 136 STAT. 5197]]

             assistance for europe, eurasia and central asia

    For an additional amount for ``Assistance for Europe, Eurasia and 
Central Asia'', $350,000,000, to remain available until September 30, 
2024, for assistance and related programs for Ukraine and other 
countries identified in section 3 of the FREEDOM Support Act (22 U.S.C. 
5801) and section 3(c) of the Support for East European Democracy (SEED) 
Act of 1989 (22 U.S.C. 5402(c)).

                           Department of State

                    migration and refugee assistance

    For an additional amount for ``Migration and Refugee Assistance'', 
$1,535,048,000, to remain available until expended, of which not less 
than $620,000,000 shall be made available to address humanitarian needs 
in, and to assist refugees from, Ukraine, and for additional support for 
other vulnerable populations and communities.

                    INTERNATIONAL SECURITY ASSISTANCE

                           Department of State

           international narcotics control and law enforcement

    For an additional amount for ``International Narcotics Control and 
Law Enforcement'', $374,996,000, to remain available until September 30, 
2024, of which not less than $300,000,000 shall be for assistance for 
Ukraine and countries impacted by the situation in Ukraine.

     nonproliferation, anti-terrorism, demining and related programs

    For an additional amount for ``Nonproliferation, Anti-terrorism, 
Demining and Related Programs'', $105,000,000, to remain available until 
September 30, 2024, for assistance for Ukraine and countries impacted by 
the situation in Ukraine.

                   Funds Appropriated to the President

                   foreign military financing program

    For an additional amount for ``Foreign Military Financing Program'', 
$80,000,000, to remain available until September 30, 2024:  Provided, 
That such funds may be made available for the costs, as defined in 
section 502 of the Congressional Budget Act of 1974, of direct loans and 
loan guarantees, if otherwise authorized by any provision of law:  
Provided further, That such costs may include the costs of selling, 
reducing, or cancelling any amounts owed to the United States or any 
agency of the United States:  Provided further, That the gross principal 
balance of such direct loans shall not exceed $2,000,000,000, and the 
gross principal balance of guaranteed loans shall not exceed 
$2,000,000,000:  Provided further, That the Secretary of State may use 
amounts charged to the borrower as origination fees to pay for the cost 
of such loans.

[[Page 136 STAT. 5198]]

                     GENERAL PROVISIONS--THIS TITLE

                     (including transfers of funds)

    Sec. 1701.  <<NOTE: Applicability.>>  During fiscal year 2023, 
section 506(a)(1) of the Foreign Assistance Act of 1961 (22 U.S.C. 
2318(a)(1)) shall be applied by substituting ``$14,500,000,000'' for 
``$100,000,000''.

    Sec. 1702.  <<NOTE: Applicability.>>  During fiscal year 2023, 
section 506(a)(2)(B) of the Foreign Assistance Act of 1961 (22 U.S.C. 
2318(a)(2)(B)) shall be applied by substituting ``$400,000,000'' for 
``$200,000,000'' and by substituting ``$150,000,000'' for 
``$75,000,000'' in clause (i).

    Sec. 1703.  <<NOTE: Applicability.>>  During fiscal year 2023, 
section 552(c)(2) of the Foreign Assistance Act of 1961 (22 U.S.C. 
2348a(c)(2)) shall be applied by substituting ``$50,000,000'' for 
``$25,000,000''.

    Sec. 1704. (a) Funds appropriated by this title under the heading 
``Diplomatic Programs'' may be transferred to, and merged with, funds 
available under the heading ``Capital Investment Fund'' to respond to 
the situation in Ukraine and in countries impacted by the situation in 
Ukraine.
    (b) Funds appropriated by this title under the headings 
``International Disaster Assistance'' and ``Migration and Refugee 
Assistance'' may be transferred to, and merged with, funds appropriated 
by this title under such headings to respond to humanitarian needs in 
Ukraine and in countries impacted by the situation in Ukraine and for 
assistance for other vulnerable populations and communities.
    (c) Funds appropriated by this title under the heading ``Economic 
Support Fund'' may be transferred to, and merged with, funds available 
under the headings ``United States International Development Finance 
Corporation--Corporate Capital Account'', ``United States International 
Development Finance Corporation--Program Account'', ``Export-Import Bank 
of the United States--Program Account'', and ``Trade and Development 
Agency'' to respond to the situation in Ukraine and in countries 
impacted by the situation in Ukraine.
    (d) Funds appropriated by this title under the headings 
``International Narcotics Control and Law Enforcement'', 
``Nonproliferation, Anti-terrorism, Demining and Related Programs'', and 
``Foreign Military Financing Program'' may be transferred to, and merged 
with, funds appropriated by this title under such headings to respond to 
the situation in Ukraine and in countries impacted by the situation in 
Ukraine.
    (e) The transfer authorities provided by this section are in 
addition to any other transfer authority provided by law.
    (f) <<NOTE: Consultation. Notification.>> The exercise of the 
transfer authorities provided by this section shall be subject to prior 
consultation with, and the regular notification procedures of, the 
Committees on Appropriations.

    (g) <<NOTE: Determination.>> Upon a determination that all or part 
of the funds transferred pursuant to the authorities provided by this 
section are not necessary for such purposes, such amounts may be 
transferred back to such appropriations.

    Sec. 1705. (a) Funds appropriated by this title may be made 
available for direct financial support for the Government of Ukraine, 
including for Ukrainian first responders, and may be made available as a 
cash transfer subject to the requirements of subsection (b):  Provided, 
That such <<NOTE: Reimbursement.>>  funds shall be provided on a 
reimbursable

[[Page 136 STAT. 5199]]

basis and matched by sources other than the United States Government, to 
the maximum extent practicable:  Provided further, That the Secretary of 
State or the Administrator of the United States Agency for International 
Development, as appropriate, shall ensure third-party monitoring of such 
funds:  Provided 
further, <<NOTE: Consultation. Certification. Reports.>> That at least 
15 days prior to the initial obligation of such funds, the Secretary of 
State, following consultation with the Administrator of the United 
States Agency for International Development, shall certify and report to 
the appropriate congressional committees that mechanisms for monitoring 
and oversight of such funds are in place and functioning and that the 
Government of Ukraine has in place substantial safeguards to prevent 
corruption and ensure accountability of such funds:  Provided 
further, <<NOTE: Reports.>> That not less than 45 days after the initial 
obligation of such funds, the Inspectors General of the Department of 
State and the United States Agency for International Development shall 
submit a report to the appropriate congressional committees detailing 
and assessing the mechanisms for monitoring and safeguards described in 
the previous proviso.

    (b) <<NOTE: Memorandum.>> Funds made available to the Government of 
Ukraine as a cash transfer under subsection (a) shall be subject to a 
memorandum of understanding between the governments of the United States 
and Ukraine that describes how the funds proposed to be made available 
will be used and the appropriate safeguards to ensure transparency and 
accountability:  Provided, That such assistance shall be maintained in a 
separate, auditable account and may not be commingled with any other 
funds.

    (c) <<NOTE: Reports.>> The Secretary of State or the Administrator 
of the United States Agency for International Development, as 
appropriate, shall report to the appropriate congressional committees on 
the uses of funds provided for direct financial support to the 
Government of Ukraine pursuant to subsection (a) not later than 45 days 
after the date of enactment of this Act and every 45 days thereafter 
until all such funds have been expended:  Provided, That such reports 
shall include a detailed description of the use of such funds, including 
categories and amounts, the intended results and the results achieved, a 
summary of other donor contributions, and a description of the efforts 
undertaken by the Secretary and Administrator to increase other donor 
contributions for direct financial support:  Provided further, That such 
reports shall also include the metrics established to measure such 
results.

    Sec. 1706.  Funds appropriated by this title under the headings 
``Diplomatic Programs'', ``Operating Expenses'', ``Economic Support 
Fund'', ``International Narcotics Control and Law Enforcement'', 
``Nonproliferation, Anti-Terrorism, Demining and Related Programs'', and 
``Foreign Military Financing Program'' shall be subject to the regular 
notification procedures of the Committees on Appropriations:  
Provided, <<NOTE: Notifications.>> That notifications submitted pursuant 
to this section shall include for each program notified--(1) total 
funding made available for such program, by account and fiscal year; (2) 
funding that remains unobligated for such program; (3) funding that is 
obligated but unexpended for such program; and (4) funding committed, 
but not yet notified for such program.

    Sec. 1707.  Funds appropriated by this title for the Inspectors 
General of the Department of State and United States Agency for 
International Development are in addition to funds otherwise provided 
for such Inspectors General for fiscal year 2023 and are

[[Page 136 STAT. 5200]]

made available to provide oversight of funds appropriated by this title 
and funds appropriated in title VI of division N of Public Law 117-103, 
title V of Public Law 117-128, and title III of division B of Public Law 
117-180:  Provided, That the Inspectors General shall coordinate with 
the Inspectors General of the Department of Defense and Inspectors 
General of other relevant Federal agencies in conducting such oversight: 
 Provided further, <<NOTE: Reports.>> That not later than 90 days after 
the date of enactment of this Act, the Inspectors General shall provide 
a report on oversight plans and initial findings to the appropriate 
congressional committees.

    Sec. 1708. (a) The Attorney General may transfer to the Secretary of 
State the proceeds of any covered forfeited property for use by the 
Secretary of State to provide assistance to Ukraine to remediate the 
harms of Russian aggression towards Ukraine. Any such transfer shall be 
considered foreign assistance under the Foreign Assistance Act of 1961 
(22 U.S.C. 2151 et seq.), including for purposes of making available the 
administrative authorities and implementing the reporting requirements 
contained in that Act.
    (b) <<NOTE: Reports.>> Not later than 15 days after any transfers 
made pursuant to subsection (a), the Attorney General, in consultation 
with the Secretary of the Treasury and the Secretary of State, shall 
submit a report describing such transfers to the appropriate 
congressional committees.

    (c) <<NOTE: Definitions.>> In this section:
            (1) The term ``appropriate congressional committees'' 
        means--
                    (A) the Committee on the Judiciary of the Senate;
                    (B) the Committee on Foreign Relations of the 
                Senate;
                    (C) the Committee on Banking, Housing, and Urban 
                Affairs of the Senate;
                    (D) the Committee on Appropriations of the Senate;
                    (E) the Committee on the Judiciary of the House of 
                Representatives;
                    (F) the Committee on Foreign Affairs of the House of 
                Representatives;
                    (G) the Committee on Financial Services of the House 
                of Representatives; and
                    (H) the Committee on Appropriations of the House of 
                Representatives.
            (2) The term ``covered forfeited property'' means property 
        forfeited under chapter 46 or section 1963 of title 18, United 
        States Code, which property belonged to, was possessed by, or 
        was controlled by a person subject to sanctions and designated 
        by the Secretary of the Treasury or the Secretary of State, or 
        which property was involved in an act in violation of sanctions 
        enacted pursuant to Executive Order 14024, and as expanded by 
        Executive Order 14066 of March 8, 2022, and relied on for 
        additional steps taken in Executive Order 14039 of August 20, 
        2021, and Executive Order 14068 of March 11, 2022.

    (d) <<NOTE: Effective date.>>  The authority under this section 
shall apply to any covered forfeited property forfeited on or before May 
1, 2025.

[[Page 136 STAT. 5201]]

                               TITLE VIII

                      GENERAL PROVISIONS--THIS ACT

    Sec. 1801.  Funds appropriated by this Act for intelligence or 
intelligence related activities are deemed to be specifically authorized 
by the Congress for purposes of section 504(a)(1) of the National 
Security Act of 1947 (50 U.S.C. 3094(a)(1)).
    Sec. 1802.  Each amount appropriated or made available by this Act 
is in addition to amounts otherwise appropriated for the fiscal year 
involved.
    Sec. 1803.  No part of any appropriation contained in this Act shall 
remain available for obligation beyond the current fiscal year unless 
expressly so provided herein.
    Sec. 1804.  Unless otherwise provided for by this Act, the 
additional amounts appropriated by this Act to appropriations accounts 
shall be available under the authorities and conditions applicable to 
such appropriations accounts for fiscal year 2023.
    Sec. 1805.  Each amount provided by this division is designated by 
the Congress as being for an emergency requirement pursuant to section 
4001(a)(1) of S. Con. Res. 14 (117th Congress), the concurrent 
resolution on the budget for fiscal year 2022, and section 1(e) of H. 
Res. 1151 (117th Congress), as engrossed in the House of Representatives 
on June 8, 2022.
    This division may be cited as the ``Additional Ukraine Supplemental 
Appropriations Act, 2023''.

 DIVISION N-- <<NOTE: Disaster Relief Supplemental Appropriations Act, 
2023.>> DISASTER RELIEF SUPPLEMENTAL APPROPRIATIONS ACT, 2023

                                 TITLE I

                        DEPARTMENT OF AGRICULTURE

                          AGRICULTURAL PROGRAMS

                   Processing, Research and Marketing

                         Office of the Secretary

    For <<NOTE: Determination.>>  an additional amount for ``Office of 
the Secretary'', $3,741,715,000, to remain available until expended, for 
necessary expenses related to losses of revenue, quality or production 
losses of crops (including milk, on-farm stored commodities, crops 
prevented from planting in 2022, and harvested adulterated wine grapes), 
trees, bushes, and vines, as a consequence of droughts, wildfires, 
hurricanes, floods, derechos, excessive heat, tornadoes, winter storms, 
freeze, including a polar vortex, smoke exposure, and excessive moisture 
occurring in calendar year 2022 under such terms and conditions as 
determined by the Secretary:  Provided, That 
of <<NOTE: Determination.>>  the amounts provided under this heading in 
this Act, the Secretary shall use up to $494,500,000 to provide 
assistance to producers of livestock, as determined by the Secretary of 
Agriculture, for losses incurred during calendar year 2022 due to 
drought or wildfires:  Provided further, That the amount provided under 
this heading in this Act shall be subject to the terms and conditions 
set forth in the first, second, and fourth through twelfth

[[Page 136 STAT. 5202]]

provisos under this heading in title I of the Disaster Relief 
Supplemental Appropriations Act, 2022 (division B of Public Law 117-43), 
except that each reference to 2020 or 2021 in such provisos in such Act 
shall be deemed to be a reference instead to 2022.

                      Agricultural Research Service

                        buildings and facilities

    For an additional amount for ``Buildings and Facilities'', 
$58,000,000, to remain available until expended.

                   Food Safety and Inspection Service

    For an additional amount for ``Food Safety and Inspection Service'', 
$29,700,000, to remain available until expended.

                FARM PRODUCTION AND CONSERVATION PROGRAMS

                           Farm Service Agency

                  emergency forest restoration program

    For an additional amount for ``Emergency Forest Restoration 
Program'', $27,000,000, to remain available until expended.

                 Natural Resources Conservation Service

                watershed and flood prevention operations

    For an additional amount for ``Watershed and Flood Prevention 
Operations'' for necessary expenses for the Emergency Watershed 
Protection Program, $925,000,000, to remain available until expended.

                       RURAL DEVELOPMENT PROGRAMS

                          Rural Housing Service

                     rural housing assistance grants

    For an additional amount for ``Rural Housing Assistance Grants'', 
$60,000,000, to remain available until expended, for necessary expenses 
related to homes damaged by Presidentially declared disasters in 
calendar year 2022:  Provided, That 42 U.S.C. 1471(b)(3) shall not 
apply:  Provided further, That the income limit shall be capped at 80 
percent of the area median income:  Provided further, That, 
notwithstanding section 1490m(c)(2) of such title, a grant made under 42 
U.S.C. 1490m of such title using funds made available under this heading 
in this Act, may not exceed $50,000.

               rural community facilities program account

    For an additional amount for ``Rural Community Facilities Program 
Account'', $75,300,000, to remain available until expended:  Provided, 
That of the amounts provided under this heading in this Act, $50,000,000 
shall be for necessary expenses for grants to repair essential community 
facilities damaged by Presidentially

[[Page 136 STAT. 5203]]

declared disasters in calendar year 2022:  Provided further, That the 
percentage of the cost of the facility that may be covered by a grant 
pursuant to the preceding proviso shall be 75 percent.

                         Rural Utilities Service

             rural water and waste disposal program account

    For an additional amount for ``Rural Water and Waste Disposal 
Program Account'', $325,000,000, to remain available until expended:  
Provided, That of the amounts provided under this heading in this Act, 
$265,000,000 shall be for necessary expenses related to water systems 
damaged by Presidentially declared disasters in calendar year 2022:  
Provided further, That, notwithstanding section 343(a)(13)(B) of the 
Consolidated Farm and Rural Development Act, a grant using funds made 
available pursuant to the preceding proviso may not be awarded to a 
community with a population of more than 35,000 people:  Provided 
further, That not to exceed $8,000,000 of the amount made available 
pursuant to the first proviso shall be for technical assistance grants 
for rural water and waste systems pursuant to section 306(a)(22) of the 
Consolidated Farm and Rural Development Act.

                     GENERAL PROVISIONS--THIS TITLE

    Sec. 2101.  In addition to other funds available for such purposes, 
not more than three percent of the amounts provided in each account 
under the ``Rural Development Programs'' heading in this title shall be 
paid to the appropriation for ``Rural Development, Salaries and 
Expenses'' for administrative costs to carry out the emergency rural 
development programs in this title.
    Sec. 2102.  For necessary expenses for salary and related costs 
associated with Agriculture Quarantine and Inspection Services 
activities pursuant to 21 U.S.C. 136a(6), and in addition to any other 
funds made available for this purpose, there is appropriated, out of any 
money in the Treasury not otherwise appropriated, $125,000,000, to 
remain available until September 30, 2024, to offset the loss of 
quarantine and inspection fees collected pursuant to sections 2508 and 
2509 of the Food, Agriculture, Conservation, and Trade Act of 1990 (21 
U.S.C. 136, 136a):  Provided, That amounts made available in this 
section shall be treated as funds collected by fees authorized under 
sections 2508 and 2509 of the Food, Agriculture, Conservation, and Trade 
Act of 1990 (21 U.S.C. 136, 136a) for purposes of section 421(f) of the 
Homeland Security Act of 2002 (6 U.S.C. 231(f)).

                                TITLE II

                         DEPARTMENT OF COMMERCE

                   Economic Development Administration

                economic development assistance programs

                     (including transfers of funds)

    Pursuant to section 703 of the Public Works and Economic Development 
Act (42 U.S.C. 3233), for an additional amount for

[[Page 136 STAT. 5204]]

``Economic Development Assistance Programs'' for necessary expenses 
related to flood mitigation, disaster relief, long-term recovery, and 
restoration of infrastructure in areas that received a major disaster 
designation as a result of Hurricanes Ian and Fiona, and of wildfires, 
flooding, and other natural disasters occurring in calendar years 2021 
and 2022 under the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5121 et seq.), $500,000,000, to remain 
available until expended:  Provided, That within the amount appropriated 
under this heading in this Act, up to 3 percent of funds may be 
transferred to the ``Salaries and Expenses'' account for administration 
and oversight activities:  Provided further, <<NOTE: Appointment.>> That 
the Secretary of Commerce is authorized to appoint and fix the 
compensation of such temporary personnel as may be necessary to 
implement the requirements under this heading in this Act, without 
regard to the provisions of title 5, United States Code, governing 
appointments in competitive service:  Provided further, That within the 
amount appropriated under this heading in this Act, $2,000,000 shall be 
transferred to the ``Office of Inspector General'' account for carrying 
out investigations and audits related to the funding provided under this 
heading in this Act.

    For an additional amount for ``Economic Development Assistance 
Programs'' for grants authorized by sections 28 and 29 of the Stevenson-
Wydler Technology Innovation Act of 1980 (15 U.S.C. 3722a and 3722b), 
$618,000,000, to remain available until expended, of which $459,000,000 
shall be for grants under section 28 and $159,000,000 shall be for 
grants under section 29 in amounts determined by the Secretary.

             National Institute of Standards and Technology

             scientific and technical research and services

    For an additional amount for ``Scientific and Technical Research and 
Services'' to investigate the impacts of hurricanes, typhoons, and 
wildfires in calendar year 2022 to support the development of resilience 
standards with regard to weather and climate disasters, in addition to 
the underlying research to support those standards, and for necessary 
expenses to carry out investigations of building failures pursuant to 
the National Construction Safety Team Act of 2002 (15 U.S.C. 7301), 
$40,000,000, to remain available until expended.

                     industrial technology services

    For an additional amount for ``Industrial Technology Services'', 
$27,000,000, to remain available until expended, to implement the 
Research and Development, Competition, and Innovation Act (division B of 
Public Law 117-167), of which $13,000,000 shall be for the Hollings 
Manufacturing Extension Partnership, and of which $14,000,000 shall be 
for the Manufacturing USA Program.

[[Page 136 STAT. 5205]]

             National Oceanic and Atmospheric Administration

                  operations, research, and facilities

    For an additional amount for ``Operations, Research, and 
Facilities'' for necessary expenses related to the consequences of 
hurricanes, typhoons, flooding, and wildfires in calendar year 2022, 
$29,000,000, to remain available until September 30, 2024, for repair 
and replacement of observing assets, real property, and equipment; for 
marine debris assessment and removal; and for mapping, charting, and 
geodesy services.
    For an additional amount for ``Operations, Research, and 
Facilities'', $62,000,000, to remain available until September 30, 2024, 
of which $20,000,000, to remain available until expended, shall be to 
carry out activities described in title II of division JJ of the 
Consolidated Appropriations Act, 2023 to support the adoption of 
innovative fishing gear deployment and fishing techniques to reduce 
entanglement risk to North Atlantic right whales, including through 
cooperative agreements pursuant to the National Fish and Wildlife 
Foundation Establishment Act (16 U.S.C. 3701).

                procurement, acquisition and construction

    For an additional amount for ``Procurement, Acquisition and 
Construction'' for the acquisition of hurricane hunter aircraft and 
related expenses as authorized under section 413(a) of the Weather 
Research and Forecasting Innovation Act of 2017 (Public Law 115-25), 
$327,701,000, to remain available until expended.
    For an additional amount for ``Procurement, Acquisition and 
Construction'', $108,838,000, to remain available until September 30, 
2025.

                      fisheries disaster assistance

    For an additional amount for ``Fisheries Disaster Assistance'' for 
necessary expenses associated with the mitigation of fishery disasters, 
$300,000,000, to remain available until expended:  Provided, That such 
funds shall be used for mitigating the effects of commercial fishery 
failures and fishery resource disasters declared by the Secretary of 
Commerce.

                          DEPARTMENT OF JUSTICE

                          Federal Prison System

                        buildings and facilities

    For an additional amount for ``Buildings and Facilities'', 
$182,000,000, to remain available until expended.

                                 SCIENCE

              National Aeronautics and Space Administration

        construction and environmental compliance and restoration

    For an additional amount for ``Construction and Environmental 
Compliance and Restoration'' for repair and replacement of National

[[Page 136 STAT. 5206]]

Aeronautics and Space Administration facilities damaged by Hurricanes 
Ian and Nicole or scheduled for derating due to deterioration, 
$189,400,000, to remain available until expended.
    For an additional amount for ``Construction and Environmental 
Compliance and Restoration'', $367,000,000, to remain available until 
September 30, 2028.

                       National Science Foundation

                     research and related activities

    For an additional amount for ``Research and Related Activities'' for 
necessary expenses related to damage to research facilities and 
scientific equipment in calendar year 2022, including related to the 
consequences of wildfires, $2,500,000, to remain available until 
September 30, 2024.
    For an additional amount for ``Research and Related Activities'', 
$818,162,000, to remain available until September 30, 2024, of which 
$210,000,000 shall be to implement the Research and Development, 
Competition, and Innovation Act (division B of Public Law 117-167).

                             stem education

    For an additional amount for ``STEM Education'', $217,000,000, to 
remain available until September 30, 2024, of which $125,000,000 shall 
be to implement the Research and Development, Competition, and 
Innovation Act (division B of Public Law 117-167).

                            RELATED AGENCIES

                       Legal Services Corporation

                payment to the legal services corporation

    For an additional amount for ``Payment to the Legal Services 
Corporation'' to carry out the purposes of the Legal Services 
Corporation Act by providing for necessary expenses related to the 
consequences of hurricanes, flooding, wildfires, and other extreme 
weather that occurred during calendar year 2022, $20,000,000, to remain 
available until September 30, 2023:  Provided, That none of the funds 
appropriated in this Act to the Legal Services Corporation shall be 
expended for any purpose prohibited or limited by, or contrary to any of 
the provisions of, sections 501, 502, 503, 504, 505, and 506 of Public 
Law 105-119, and all funds appropriated in this Act to the Legal 
Services Corporation shall be subject to the same terms and conditions 
set forth in such sections, except that all references in sections 502 
and 503 to 1997 and 1998 shall be deemed to refer instead to 2022 and 
2023, respectively, and except that sections 501 and 503 of Public Law 
104-134 (referenced by Public Law 105-119) shall not apply to the amount 
made available under this heading in this Act:  Provided further, That, 
for the purposes of this Act, the Legal Services Corporation shall be 
considered an agency of the United States.

[[Page 136 STAT. 5207]]

                      GENERAL PROVISION--THIS TITLE

    Sec. 2201.  Unobligated balances from amounts made available in 
paragraph (1) under the heading ``Procurement, Acquisition and 
Construction'' in the Disaster Relief Supplemental Appropriations Act, 
2022 (division B of Public Law 117-43) may be used for necessary 
expenses related to the consequences of hurricanes and of wildfires in 
calendar year 2022:  Provided, That amounts repurposed pursuant to this 
section that were previously designated by the Congress as an emergency 
requirement pursuant to section 4001(a)(1) and section 4001(b) of S. 
Con. Res. 14 (117th Congress), the concurrent resolution on the budget 
for fiscal year 2022, are designated by the Congress as an emergency 
requirement pursuant to section 4001(a)(1) of such concurrent resolution 
and section 1(e) of H. Res. 1151 (117th Congress), as engrossed in the 
House of Representatives on June 8, 2022.

                                TITLE III

                          DEPARTMENT OF DEFENSE

                     DEPARTMENT OF DEFENSE--MILITARY

                        OPERATION AND MAINTENANCE

                     Operation and Maintenance, Navy

    For an additional amount for ``Operation and Maintenance, Navy'', 
$82,875,000, to remain available until September 30, 2023, for necessary 
expenses related to the consequences of Hurricanes Ian and Fiona.

                 Operation and Maintenance, Army Reserve

    For an additional amount for ``Operation and Maintenance, Army 
Reserve'', $6,786,000, to remain available until September 30, 2023, for 
necessary expenses related to the consequences of Hurricanes Ian and 
Fiona.

             Operation and Maintenance, Army National Guard

    For an additional amount for ``Operation and Maintenance, Army 
National Guard'', $16,572,000, to remain available until September 30, 
2023, for necessary expenses related to the consequences of Hurricanes 
Ian and Fiona.

                                TITLE IV

                        CORPS OF ENGINEERS--CIVIL

                         DEPARTMENT OF THE ARMY

                             investigations

    For an additional amount for ``Investigations'' for necessary 
expenses related to the completion, or initiation and completion, of 
flood and storm damage reduction, including shore protection, studies 
that are currently authorized or that are authorized after

[[Page 136 STAT. 5208]]

the date of enactment of this Act, to reduce risks from future floods 
and hurricanes, at full Federal expense, $5,000,000, to remain available 
until expended:  Provided, That funds made available under this heading 
in this Act shall be for high-priority studies of projects in States and 
insular areas that were impacted by Hurricanes Ian, Fiona, and Nicole:  
Provided further, <<NOTE: Deadline. Work plan. List.>> That within 60 
days of enactment of this Act, the Chief of Engineers shall submit 
directly to the House and Senate Committees on Appropriations a detailed 
work plan for the funds provided under this heading in this Act, 
including a list of study locations, new studies selected to be 
initiated, the total cost for all studies, the remaining cost for all 
ongoing studies, and a schedule by fiscal year of proposed use of such 
funds:  Provided further, That the Secretary shall not deviate from the 
work plan, once the plan has been submitted to the Committees on 
Appropriations of both Houses of Congress:  Provided 
further, <<NOTE: Reports.>> That beginning not later than 60 days after 
the enactment of this Act, the Assistant Secretary of the Army for Civil 
Works shall provide a quarterly report directly to the Committees on 
Appropriations of the House of Representatives and the Senate detailing 
the allocation and obligation of the funds provided under this heading 
in this Act.

                              construction

    For an additional amount for ``Construction'' for necessary expenses 
to address emergency situations at Corps of Engineers projects, 
construct Corps of Engineers projects, and rehabilitate and repair 
damages caused by natural disasters to Corps of Engineers projects, 
$261,300,000, to remain available until expended:  Provided, That funds 
made available in this paragraph in this Act are available to construct 
flood and storm damage reduction, including shore protection, projects 
which are currently authorized or which are authorized after the date of 
enactment of this Act, and flood and storm damage reduction, including 
shore protection, projects which have signed Chief's Reports as of the 
date of enactment of this Act or which are studied using funds provided 
under the heading ``Investigations'' of this Act if the Secretary 
determines such projects to be technically feasible, economically 
justified, and environmentally acceptable, in States and insular areas 
that were impacted by Hurricanes Ian, Fiona, and Nicole:  Provided 
further, That to the extent that ongoing construction projects are 
constructed using funding pursuant to the first proviso in this 
paragraph in this Act, such construction shall be at full Federal 
expense:  Provided further, That the Secretary may initiate additional 
new construction starts with funds provided pursuant to the first 
proviso in this paragraph in this Act:  Provided further, <<NOTE: Time 
period.>> That using funds provided in this paragraph in this Act, the 
non-Federal cash contribution for projects eligible for funding pursuant 
to the first proviso in this paragraph in this Act shall be financed in 
accordance with the provisions of section 103(k) of Public Law 99-662 
over a period of 30 years from the date of completion of the project or 
separable element:  Provided further, That funds made available in this 
paragraph in this Act may be for ongoing projects that have previously 
received funds under this heading in the Disaster Relief Appropriations 
Act of 2013 (Public Law 113-2) and for which non-Federal interests have 
entered into binding agreements with the Secretary at the time of 
enactment of this Act:  Provided further, That projects

[[Page 136 STAT. 5209]]

receiving funds pursuant to the preceding proviso, shall be subject to 
the terms and conditions of Disaster Relief Appropriations Act of 2013 
(Public Law 113-2):  Provided further, That funds made available in this 
paragraph in this Act may be for projects that have previously received 
funds under this heading in the Bipartisan Budget Act of 2018 (Public 
Law 115-123) and for which non-Federal interests have entered into 
binding agreements with the Secretary at the time of enactment of this 
Act:  Provided further, That projects receiving funds pursuant to the 
preceding proviso, shall be subject to the terms and conditions of 
Bipartisan Budget Act of 2018 (Public Law 115-123):  Provided further, 
That funds made available in this paragraph in this Act may be used for 
projects that have previously received funds under this heading in the 
Disaster Relief Supplemental Appropriations Act of 2022 (Public Law 117-
43) and for which non-Federal interests have entered into binding 
agreements with the Secretary at the time of enactment of this Act:  
Provided further, That projects receiving funds pursuant to the 
preceding proviso, shall be subject to the terms and conditions of 
Disaster Relief Supplemental Appropriations Act of 2022 (Public Law 117-
43):  Provided further, That construction of ongoing projects that have 
previously received funds under this heading from the Disaster Relief 
Supplemental Appropriations Act of 2022 (Public Law 117-43) to complete 
certain features, useful increments of work, or components of the 
project shall be at full Federal expense with respect to funds provided 
to the project under this heading in such Act or in this paragraph in 
this Act:  Provided further, That of the sums appropriated in this 
paragraph in this Act, any sums as are necessary to cover the Federal 
share of eligible construction costs for coastal harbors and channels, 
and for inland harbors eligible to be derived from the Harbor 
Maintenance Trust Fund under section 101 or section 104 of the Water 
Resources and Development Act of 2020 shall be derived from the general 
fund of the Treasury:  Provided further, That for projects receiving 
funding in this paragraph in this Act, the limitation concerning total 
project costs in section 902 of the Water Resources Development Act of 
1986 (Public Law 99-662), as amended, shall not apply to funds provided 
in this paragraph in this Act:  Provided further, That any projects 
using funds appropriated in this paragraph in this Act shall be 
initiated only after non-Federal interests have entered into binding 
agreements with the Secretary requiring, where applicable, the non-
Federal interests to pay 100 percent of the operation, maintenance, 
repair, replacement, and rehabilitation costs of the project and to hold 
and save the United States free from damages due to the construction or 
operation and maintenance of the project, except for damages due to the 
fault or negligence of the United States or its contractors:  Provided 
further, <<NOTE: Deadline. Work plan. List.>> That within 60 days of 
enactment of this Act, the Chief of Engineers shall submit directly to 
the House and Senate Committees on Appropriations a detailed work plan 
for the funds provided in this paragraph in this Act, including a list 
of project locations, new construction projects selected to be 
initiated, the total cost for all projects, and a schedule by fiscal 
year of proposed use of such funds:  Provided further, That the 
Secretary shall not deviate from the work plan, once the plan has been 
submitted to the Committees on Appropriations of both Houses of 
Congress:  Provided further, <<NOTE: Reports.>> That beginning not later 
than 60 days after the enactment of this Act, the Assistant Secretary of

[[Page 136 STAT. 5210]]

the Army for Civil Works shall provide a quarterly report directly to 
the Committees on Appropriations of the House of Representatives and the 
Senate detailing the allocation and obligation of the funds provided in 
this paragraph in this Act:  Provided further, That amounts repurposed 
pursuant to this paragraph that were previously designated by the 
Congress as an emergency requirement pursuant to section 4001(a)(1) and 
section 4001(b) of S. Con. Res. 14 (117th Congress), the concurrent 
resolution on the budget for fiscal year 2022, are designated by the 
Congress as an emergency requirement pursuant to section 4001(a)(1) of 
such concurrent resolution and section 1(e) of H. Res. 1151 (117th 
Congress), as engrossed in the House of Representatives on June 8, 2022.

    For an additional amount for ``Construction'', $297,200,000, to 
remain available until expended:  Provided, That of the funds made 
available in this paragraph in this Act, $45,000,000 shall be for flood 
and storm damage reduction:  Provided further, That of the funds made 
available in this paragraph in this Act, $36,575,000 shall be for flood 
control:  Provided further, That of the funds made available in this 
paragraph in this Act, for flood and storm damage reduction and flood 
control, $43,650,000 shall be to continue construction of projects that 
principally address drainage in urban areas:  Provided further, That of 
the funds made available in this paragraph in this Act, $36,575,000 
shall be for shore protection:  Provided further, That of the funds made 
available in this paragraph in this Act, $113,550,000 shall be for major 
rehabilitation, construction, and related activities for rivers and 
harbors navigation projects, of which $10,000,000 shall be for 
authorized reimbursements:  Provided further, That of the sums 
appropriated in this paragraph in this Act, any sums as are necessary to 
cover the Federal share of eligible construction costs for coastal 
harbors and channels, and for inland harbors eligible to be derived from 
the Harbor Maintenance Trust Fund under section 101 or section 104 of 
the Water Resources and Development Act of 2020 shall be derived from 
the general fund of the Treasury:  Provided further, That of the funds 
made available in this paragraph in this Act, $19,000,000 shall be for 
other authorized project purposes, of which up to $11,900,000 shall be 
for the execution of comprehensive restoration plans developed by the 
Corps for major bodies of water:  Provided further, That of the funds 
made available in this paragraph in this Act, $28,500,000 shall be for 
environmental restoration or compliance:  Provided further, That of the 
funds made available in this paragraph in this Act, $18,000,000 shall be 
for water-related environmental infrastructure assistance to make 
environmentally sound repairs and upgrades to water infrastructure:  
Provided further, That <<NOTE: Deadline. Work plan. List.>>  within 60 
days of enactment of this Act, the Chief of Engineers shall submit 
directly to the House and Senate Committees on Appropriations a detailed 
work plan for the funds provided in this paragraph in this Act, 
including a list of project locations, the total cost for all projects, 
and a schedule by fiscal year of proposed use of such funds:  Provided 
further, That the Secretary shall not deviate from the work plan, once 
the plan has been submitted to the Committees on Appropriations of both 
Houses of Congress.

[[Page 136 STAT. 5211]]

                    mississippi river and tributaries

    For an additional amount for ``Mississippi River and Tributaries'' 
for necessary expenses to address emergency situations at Corps of 
Engineers projects in response to, and rehabilitate and repair damages 
caused by natural disasters to Corps of Engineers projects, $15,500,000, 
to remain available until expended:  Provided, That of the amount 
provided under this heading in this Act, such sums as are necessary to 
cover the Federal share of eligible operation and maintenance costs for 
coastal harbors and channels, and for inland harbors shall be derived 
from the general fund of the Treasury:  Provided further, 
That <<NOTE: Deadline. Work plan.>> within 60 days of enactment of this 
Act, the Chief of Engineers shall submit directly to the House and 
Senate Committees on Appropriations a detailed work plan for the funds 
provided under this heading in this Act:  Provided further, 
That <<NOTE: Reports.>> beginning not later than 60 days after the 
enactment of this Act, the Assistant Secretary of the Army for Civil 
Works shall provide a quarterly report directly to the Committees on 
Appropriations of the House of Representatives and the Senate detailing 
the allocation and obligation of the funds provided under this heading 
in this Act.

                        operation and maintenance

    For an additional amount for ``Operation and Maintenance'' for 
necessary expenses to dredge Federal navigation projects in response to, 
and repair damages to Corps of Engineers Federal projects caused by 
natural disasters, $324,000,000, to remain available until expended:  
Provided, That of the amount provided in this paragraph in this Act, 
such sums as are necessary to cover the Federal share of eligible 
operation and maintenance costs for coastal harbors and channels, and 
for inland harbors shall be derived from the general fund of the 
Treasury:  Provided further, That within 60 <<NOTE: Deadline. Work 
plan.>> days of enactment of this Act, the Chief of Engineers shall 
submit directly to the House and Senate Committees on Appropriations a 
detailed work plan for the funds provided in this paragraph in this Act: 
 Provided further, <<NOTE: Reports.>> That beginning not later than 60 
days after the enactment of this Act, the Assistant Secretary of the 
Army for Civil Works shall provide a quarterly report directly to the 
Committees on Appropriations of the House of Representatives and the 
Senate detailing the allocation and obligation of the funds provided in 
this paragraph in this Act.

    For an additional amount for ``Operation and Maintenance'', 
$52,800,000, to remain available until expended:  Provided, That of the 
amount provided in this paragraph in this Act, $36,000,000 shall be for 
necessary expenses at inland waterways projects:  Provided further, That 
of the amount provided in this paragraph in this Act, $16,800,000 shall 
be for other authorized project purposes:  Provided 
further, <<NOTE: Deadline. Work plan. List.>>  That within 60 days of 
enactment of this Act, the Chief of Engineers shall submit directly to 
the House and Senate Committees on Appropriations a detailed work plan 
for the funds provided in this paragraph in this Act, including a list 
of project locations, the total cost for all projects, and a schedule by 
fiscal year of proposed use of such funds:  Provided further, That the 
Secretary shall not deviate from the work plan, once the plan has been 
submitted to the Committees on Appropriations of both Houses of 
Congress.

[[Page 136 STAT. 5212]]

                  flood control and coastal emergencies

    For an additional amount for ``Flood Control and Coastal 
Emergencies'', as authorized by section 5 of the Act of August 18, 1941 
(33 U.S.C. 701n), for necessary expenses to prepare for flood, 
hurricane, and other natural disasters and support emergency operations, 
repairs, and other activities in response to such disasters, as 
authorized by law, $519,200,000, to remain available until expended:  
Provided, That funding provided under this heading in this Act and 
utilized for authorized shore protection projects shall restore such 
projects to the full project profile at full Federal expense:  Provided 
further, <<NOTE: Reports.>> That beginning not later than 60 days after 
the enactment of this Act, the Chief of Engineers shall provide a 
quarterly report directly to the Committees on Appropriations of the 
House of Representatives and the Senate detailing the allocation and 
obligation of these fund provided under this heading in this Act.

                                expenses

    For an additional amount for ``Expenses'' for necessary expenses to 
administer and oversee the obligation and expenditure of amounts 
provided in this Act for the Corps of Engineers, $5,000,000, to remain 
available until expended:  Provided, That <<NOTE: Reports.>>  beginning 
not later than 60 days after the enactment of this Act, the Chief of 
Engineers shall provide a quarterly report directly to the Committees on 
Appropriations of the House of Representatives and the Senate detailing 
the allocation and obligation of these fund provided under this heading 
in this Act.

                          DEPARTMENT OF ENERGY

                             ENERGY PROGRAMS

                               Electricity

    For an additional amount for ``Electricity'', $1,000,000,000, to 
remain available until expended, to carry out activities to improve the 
resilience of the Puerto Rican electric grid, including grants for low 
and moderate income households and households that include individuals 
with disabilities for the purchase and installation of renewable energy, 
energy storage, and other grid technologies:  
Provided, <<NOTE: Coordination.>>  That the Department of Energy shall 
coordinate with the Federal Emergency Management Agency and the 
Department of Housing and Urban Development on these activities.

                     POWER MARKETING ADMINISTRATIONS

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

    For an additional amount for ``Construction, Rehabilitation, 
Operation and Maintenance, Western Area Power Administration'', 
$520,000,000, to remain available until expended, for the purchase of 
power and transmission services:  Provided, That the amount made 
available under this heading in this Act shall be derived from the 
general fund of the Treasury and shall be reimbursable from amounts 
collected by the Western Area Power Administration

[[Page 136 STAT. 5213]]

pursuant to the Flood Control Act of 1944 and the Reclamation Project 
Act of 1939 to recover purchase power and wheeling expenses:  Provided 
further, That of the amount made available under this heading in this 
Act, up to $100,000,000 may be transferred to Western Area Power 
Administration's Colorado River Basins Power Marketing Fund account to 
be used for the same purposes as outlined under this heading.

                                 TITLE V

                          INDEPENDENT AGENCIES

                     General Services Administration

                        real property activities

                         federal buildings fund

    For an additional amount to be deposited in the ``Federal Buildings 
Fund'', $36,788,390, to remain available until expended, for necessary 
expenses related to the consequences of Hurricane Ian, for repair and 
alteration of buildings under the jurisdiction, custody and control of 
the Administrator of General Services, and real property management and 
related activities not otherwise provided for:  
Provided, <<NOTE: Reimbursement.>> That the amount provided under this 
heading in this Act may be used to reimburse the Fund for obligations 
incurred for this purpose prior to the date of the enactment of this 
Act.

                      Small Business Administration

                     disaster loans program account

                     (including transfers of funds)

    For an additional amount for ``Disaster Loans Program Account'' for 
the cost of direct loans authorized by section 7(b) of the Small 
Business Act, $858,000,000, to remain available until expended, of which 
$8,000,000 shall be transferred to and merged with ``Office of Inspector 
General'' for audits and reviews of disaster loans and the disaster 
loans programs; and of which $850,000,000 may be transferred to and 
merged with ``Salaries and Expenses'' for administrative expenses to 
carry out the disaster loan program or any disaster loan authorized by 
section 7(b) of the Small Business Act.

                                TITLE VI

                     DEPARTMENT OF HOMELAND SECURITY

                SECURITY, ENFORCEMENT, AND INVESTIGATIONS

                               Coast Guard

                         operations and support

    For an additional amount for ``Operations and Support'', 
$39,250,000, to remain available until September 30, 2024, for

[[Page 136 STAT. 5214]]

necessary expenses related to the consequences of Hurricanes Fiona and 
Ian.

               procurement, construction, and improvements

    For an additional amount for ``Procurement, Construction, and 
Improvements'', $115,500,000, to remain available until September 30, 
2027, for necessary expenses related to the consequences of Hurricanes 
Fiona and Ian.

            PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY

                   Federal Emergency Management Agency

                          disaster relief fund

                      (including transfer of funds)

    For an additional amount for ``Disaster Relief Fund'', 
$5,000,000,000, to remain available until expended, for major disasters 
declared pursuant to the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5121 et seq.), of which $13,000,000 
shall be transferred to ``Office of the Inspector General--Operations 
and Support'' for audits and investigations of activities funded under 
this heading.

            hermit's peak/calf canyon fire assistance account

                      (including transfer of funds)

    For an additional amount for ``Hermit's Peak/Calf Canyon Fire 
Assistance Account'', $1,450,000,000, to remain available until 
expended, to carry out the Hermit's Peak/Calf Canyon Fire Assistance 
Act, of which $1,000,000 shall be transferred to ``Office of the 
Inspector General--Operations and Support'' for oversight of activities 
authorized by the Hermit's Peak/Calf Canyon Fire Assistance Act:  
Provided, That <<NOTE: Reports. 136 Stat. 2122.>>  the amounts provided 
under this heading in this Act shall be subject to the reporting 
requirement in the third proviso of section 136 of the Continuing 
Appropriations Act, 2023 (division A of Public Law 117-180).

                     GENERAL PROVISIONS--THIS TITLE

    Sec. 2601.  Notwithstanding sections 104(c) and (d) of the Hermit's 
Peak/Calf Canyon Fire Assistance Act (division G of Public Law 117-180), 
the Federal Emergency Management Agency may compensate for the 
replacement of water treatment facilities, to the extent necessitated by 
the Hermit's Peak/Calf Canyon Fire, in lieu of compensating for 
temporary injury, in an amount not to exceed $140,000,000 from funds 
made available under the heading ``Hermit's Peak/Calf Canyon Fire 
Assistance Account'' in this Act or in section 136 of the Continuing 
Appropriations Act, 2023 (division A of Public Law 117-180).
    Sec. 2602.  For necessary expenses related to providing customs and 
immigration inspection and pre-inspection services at, or in support of 
ports of entry, pursuant to section 1356 of title 8, United States Code, 
and section 58c(f) of title 19, United States Code, and in addition to 
any other funds made available for this purpose,

[[Page 136 STAT. 5215]]

there is appropriated, out of any money in the Treasury not otherwise 
appropriated, $309,000,000, to offset the loss of Immigration User Fee 
receipts collected pursuant to section 286(h) of the Immigration and 
Nationality Act (8 U.S.C. 1356(h)), and fees for certain customs 
services collected pursuant to paragraphs (1) through (8) and paragraph 
(10) of subsection (a) of section 13031 of the Consolidated Omnibus 
Budget Reconciliation Act of 1985 (19 U.S.C. 58c(a)(1)-(8) and (a)(10)).

                                TITLE VII

                       DEPARTMENT OF THE INTERIOR

                 United States Fish and Wildlife Service

                              construction

    For an additional amount for ``Construction'', $247,000,000, to 
remain available until expended, for necessary expenses related to the 
consequences of wildfires, hurricanes, and other natural disasters 
occurring in and prior to calendar year 2023, including winter storm 
damages at Midway Atoll National Wildlife Refuge.

                          National Park Service

                              construction

    For an additional amount for ``Construction'', $1,500,000,000, to 
remain available until expended, for necessary expenses related to the 
consequences of wildfires, hurricanes, and other natural disasters 
occurring in and prior to calendar year 2023.

                     United States Geological Survey

                  surveys, investigations, and research

    For an additional amount for ``Surveys, Investigations, and 
Research'', $41,040,000, to remain available until expended, for 
necessary expenses related to the consequences of wildfires, hurricanes, 
and other natural disasters occurring in and prior to calendar year 
2023.

                             Indian Affairs

                        Bureau of Indian Affairs

                      operation of indian programs

    For an additional amount for ``Operation of Indian Programs'', 
$44,500,000, to remain available until expended, for necessary expenses 
related to the consequences of wildfires, hurricanes, and other natural 
disasters occurring in and prior to calendar year 2023.

                              construction

    For an additional amount for ``Construction'', $2,500,000, to remain 
available until expended, for necessary expenses related

[[Page 136 STAT. 5216]]

to the consequences of wildfires, hurricanes, and other natural 
disasters occurring in and prior to calendar year 2023.

                       Bureau of Indian Education

                         education construction

    For an additional amount for ``Education Construction'', 
$90,465,000, to remain available until expended, for necessary expenses 
related to the consequences of flooding at the To'Hajiilee Community 
School.

                          Departmental Offices

                        Department-Wide Programs

                        wildland fire management

    For an additional amount for ``Wildland Fire Management'', 
$75,000,000, to remain available until expended, for wildland fire 
suppression activities.
    For an additional amount for ``Wildland Fire Management'', 
$429,000,000, to remain available until expended:  Provided, That of the 
funds provided under this paragraph in this Act, $383,657,000 shall be 
available for wildfire suppression operations, and is provided to meet 
the terms of section 4004(b)(5)(B) of S. Con. Res. 14 (117th Congress), 
the concurrent resolution on the budget for fiscal year 2022, and 
section 1(g)(2) of H. Res. 1151 (117th Congress), as engrossed in the 
House of Representatives on June 8, 2022:  Provided further, That of the 
funds provided under this paragraph in this Act, $45,343,000 shall be 
available for fire preparedness.

                     ENVIRONMENTAL PROTECTION AGENCY

           Leaking Underground Storage Tank Trust Fund Program

    For an additional amount for ``Leaking Underground Storage Tank 
Trust Fund Program'', $1,000,000, to remain available until expended, 
for necessary expenses related to the consequences of Hurricanes Fiona 
and Ian.

                   State and Tribal Assistance Grants

    For an additional amount for ``State and Tribal Assistance Grants'', 
$1,067,210,000, to remain available until expended, of which 
$665,210,000 shall be for capitalization grants for the Clean Water 
State Revolving Funds under title VI of the Federal Water Pollution 
Control Act, and of which $402,000,000 shall be for capitalization 
grants under section 1452 of the Safe Drinking Water Act:  Provided, 
That notwithstanding section 604(a) of the Federal Water Pollution 
Control Act and section 1452(a)(1)(D) of the Safe Drinking Water Act, 
funds appropriated under this paragraph in this Act shall be provided to 
States or Territories in EPA Regions 2 and 4 in amounts determined by 
the Administrator for wastewater treatment works and drinking water 
facilities impacted by Hurricanes Fiona and Ian:  Provided further, That 
States or Territories shall prioritize funds, as appropriate, to Tribes 
and disadvantaged

[[Page 136 STAT. 5217]]

communities:  Provided further, That notwithstanding the requirements of 
section 603(i) of the Federal Water Pollution Control Act and section 
1452(d) of the Safe Drinking Water Act, for the funds appropriated under 
this paragraph in this Act, each State shall use 100 percent of the 
amount of its capitalization grants to provide additional subsidization 
to eligible recipients in the form of forgiveness of principal, negative 
interest loans or grants, or any combination of these:  Provided 
further, That the funds appropriated under this paragraph in this Act 
shall be used for eligible projects whose purpose is to reduce flood or 
fire damage risk and vulnerability or to enhance resiliency to rapid 
hydrologic change or natural disaster at treatment works, as defined by 
section 212 of the Federal Water Pollution Control Act, or any eligible 
facilities under section 1452 of the Safe Drinking Water Act, and for 
other eligible tasks at such treatment works or facilities necessary to 
further such purposes:  Provided further, That the funds provided under 
this paragraph in this Act shall not be subject to the matching or cost 
share requirements of section 1452(e) of the Safe Drinking Water Act:  
Provided further, That funds provided under this paragraph in this Act 
shall not be subject to the matching or cost share requirements of 
sections 602(b)(2), 602(b)(3), or 202 of the Federal Water Pollution 
Control Act:  Provided further, That the Administrator of the 
Environmental Protection Agency may retain up to $1,000,000 of the funds 
appropriated under this paragraph in this Act for management and 
oversight.
    For an additional amount for ``State and Tribal Assistance Grants'', 
$150,000,000, to remain available until expended, for technical 
assistance and grants under section 1442(b) of the Safe Drinking Water 
Act (42 U.S.C. 300j-1(b)) in areas where the President declared an 
emergency in August of fiscal year 2022 pursuant to the Robert T. 
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et 
seq.):  Provided, That the Administrator of the Environmental Protection 
Agency may retain up to three percent of the amounts made available 
under this paragraph in this Act for salaries, expenses, and 
administration:  Provided further, That <<NOTE: Reports.>> the agency 
shall submit an annual report to the Committees on Appropriations until 
all funds have been obligated, with a status on the use of funds for 
this effort.

    For an additional amount for ``State and Tribal Assistance Grants'', 
$450,000,000, to remain available until expended, for capitalization 
grants under section 1452 of the Safe Drinking Water Act (42 U.S.C. 
300j-12):  Provided, <<NOTE: Determination.>> That notwithstanding 
section 1452(a)(1)(D) of the Safe Drinking Water Act, funds appropriated 
under this paragraph in this Act shall be provided to States or 
Territories in EPA Region 4 in amounts determined by the Administrator 
in areas where there the President declared an emergency in August of 
fiscal year 2022 pursuant to the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5121 et seq.):  Provided further, 
That notwithstanding the requirements of section 1452(d) of the Safe 
Drinking Water Act, for the funds appropriated under this paragraph in 
this Act, each State shall use 100 percent of the amount of its 
capitalization grants to provide additional subsidization to eligible 
recipients in the form of forgiveness of principal, grants, negative 
interest loans, other loan forgiveness, and through buying, refinancing, 
or restructuring debt or any combination thereof:  Provided further, 
That the funds provided under this paragraph in this Act shall not be 
subject to the matching

[[Page 136 STAT. 5218]]

or cost share requirements of section 1452(e) of the Safe Drinking Water 
Act:  Provided further, That the Administrator of the Environmental 
Protection Agency may retain up to $1,000,000 of the funds appropriated 
under this paragraph in this Act for management and oversight.

                            RELATED AGENCIES

                        DEPARTMENT OF AGRICULTURE

                             Forest Service

                      forest and rangeland research

    For an additional amount for ``Forest and Rangeland Research'', 
$2,000,000, to remain available until expended, for necessary expenses 
related to the consequences of calendar year 2020, 2021, and 2022 
wildfires, hurricanes, and other natural disasters.

                       state and private forestry

    For an additional amount for ``State and Private Forestry'', 
$148,000,000, to remain available until expended, for necessary expenses 
related to the consequences of calendar year 2020, 2021, and 2022 
wildfires, hurricanes, and other natural disasters:  Provided, That of 
the amounts made available under this heading in this Act, up to 
$20,000,000 is for grants to states to support economic recovery 
activities in communities damaged by wildfire:  Provided further, That 
of the amounts made available under this heading in this Act, no less 
than $100,000,000 is for cooperative lands forest management activities.

                         national forest system

    For an additional amount for ``National Forest System'', 
$210,000,000, to remain available until expended, for necessary expenses 
related to the consequences of calendar year 2020, 2021, and 2022 
wildfires, hurricanes, and other natural disasters, including for high 
priority post-wildfire restoration for watershed protection, public 
access and critical habitat, hazardous fuels mitigation for community 
protection, and burned area recovery.

                   capital improvement and maintenance

    For an additional amount for ``Capital Improvement and 
Maintenance'', $150,000,000, to remain available until expended, for 
necessary expenses related to the consequences of calendar year 2020, 
2021, and 2022 wildfires, hurricanes, and other natural disasters.

                        wildland fire management

    For an additional amount for ``Wildland Fire Management'', 
$375,000,000, to remain available until expended, for wildland fire 
suppression activities.
    For an additional amount for ``Wildland Fire Management'', 
$1,171,000,000, to remain available until expended:  Provided, That of 
the funds provided under this paragraph in this Act,

[[Page 136 STAT. 5219]]

$1,011,000,000 shall be available for wildfire suppression operations, 
and is provided to meet the terms of section 4004(b)(5)(B) of S. Con. 
Res. 14 (117th Congress), the concurrent resolution on the budget for 
fiscal year 2022, and section 1(g)(2) of H. Res. 1151 (117th Congress), 
as engrossed in the House of Representatives on June 8, 2022:  Provided 
further, That of the funds provided under this paragraph in this Act, 
$160,000,000 shall be available for forest fire presuppression.

                               TITLE VIII

                 DEPARTMENT OF HEALTH AND HUMAN SERVICES

               Centers for Disease Control and Prevention

                 cdc-wide activities and program support

    For an additional amount for ``CDC-Wide Activities and Program 
Support'', $86,000,000, to remain available until September 30, 2024, 
for necessary expenses directly related to the consequences of 
Hurricanes Fiona and Ian:  Provided, That funds appropriated under this 
heading in this Act may be made available to restore amounts, either 
directly or through reimbursement, for obligations incurred for such 
purposes, prior to the date of enactment of this Act.

                      National Institutes of Health

           national institute of environmental health sciences

    For an additional amount for ``National Institute of Environmental 
Health Sciences'', $2,500,000, to remain available until expended, for 
necessary expenses in carrying out activities set forth in section 
311(a) of the Comprehensive Environmental Response, Compensation, and 
Liability Act of 1980 (42 U.S.C. 9660(a)) and section 126(g) of the 
Superfund Amendments and Reauthorization Act of 1986 related to the 
consequences of major disasters declared pursuant to the Robert T. 
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et 
seq.) in 2022.

                         office of the director

                      (including transfer of funds)

    For an additional amount for ``Office of the Director'', 
$25,000,000, to remain available until September 30, 2024, for necessary 
expenses directly related to the consequences of Hurricanes Fiona and 
Ian:  Provided, That funds appropriated under this heading in this Act 
may be made available to restore amounts, either directly or through 
reimbursement, for obligations incurred for such purposes, prior to the 
date of enactment of this Act:  Provided further, That funds 
appropriated under this heading in this Act may be transferred to the 
accounts of Institutes and Centers of the National Institutes of Health 
(NIH):  Provided further, That this transfer authority is in addition to 
any other transfer authority available to the NIH.

[[Page 136 STAT. 5220]]

                Administration for Children and Families

                    low income home energy assistance

    For an additional amount for ``Low Income Home Energy Assistance'', 
$1,000,000,000, to remain available until September 30, 2023, for making 
payments under subsection (b) of section 2602 of the Low-Income Home 
Energy Assistance Act of 1981 (42 U.S.C. 8621 et seq.):  Provided, That 
of the funds made available under this heading in this Act, $500,000,000 
shall be allocated as though the total appropriation for such payments 
for fiscal year 2023 was less than $1,975,000,000.
    For an additional amount for ``Low Income Home Energy Assistance'', 
$2,500,000,000, to remain available until September 30, 2023, for making 
payments under subsection (b) of section 2602 of the Low-Income Home 
Energy Assistance Act of 1981 (42 U.S.C. 8621 et seq.).

    payments to states for the child care and development block grant

    For an additional amount for ``Payments to States for the Child Care 
and Development Block Grant'', $100,000,000, to remain available through 
September 30, 2024, for necessary expenses directly related to the 
consequences of Hurricanes Fiona and Ian, including activities 
authorized under section 319(a) of the Public Health Service Act:  
Provided, <<NOTE: Allocations. Territories. Native Americans.>>  That 
the Secretary shall allocate such funds to States, Territories, and 
tribes based on assessed need notwithstanding sections 658J and 658O of 
the Child Care and Development Block Grant Act of 1990:  Provided 
further, That not to exceed 2 percent of funds appropriated under this 
heading in this Act may be reserved, to remain available until expended, 
for Federal administration costs:  Provided further, That such funds may 
be used for alteration, renovation, construction, equipment, and other 
capital improvement costs, including for child care facilities without 
regard to section 658F(b) of such Act, and for other expenditures 
related to child care, as necessary to meet the needs of areas affected 
by Hurricanes Fiona and Ian:  Provided further, That funds made 
available under this heading in this Act may be used without regard to 
section 658G of such Act and with amounts allocated for such purposes 
excluded from the calculation of percentages under subsection 658E(c)(3) 
of such Act:  Provided further, That notwithstanding section 658J(c) of 
such Act, funds allotted to a State may be obligated by the State in 
that fiscal year or the succeeding three fiscal years:  Provided 
further, <<NOTE: Parameters.>>  That Federal interest provisions will 
not apply to the renovation or construction of privately-owned family 
child care homes, and the Secretary shall develop parameters on the use 
of funds for family child care homes:  Provided further, <<NOTE: Time 
period.>>  That the Secretary shall not retain Federal interest after a 
period of 10 years (from the date on which the funds are made available 
to purchase or improve the property) in any facility renovated or 
constructed with funds made available under this heading in this Act:  
Provided further, That funds made available under this heading in this 
Act shall not be available for costs that are reimbursed by the Federal 
Emergency Management Agency, under a contract for insurance, or by self-
insurance:  Provided further, That funds appropriated under this heading 
in this Act may be made available to restore amounts,

[[Page 136 STAT. 5221]]

either directly or through reimbursement, for obligations incurred for 
such purposes, prior to the date of enactment of this Act.

                 children and families services programs

    For an additional amount for ``Children and Families Services 
Programs'', $408,000,000, to remain available until September 30, 2027, 
for necessary expenses directly related to the consequences of 
Hurricanes Fiona and Ian, including activities authorized under section 
319(a) of the Public Health Service Act:  Provided, That $345,000,000 of 
the amount provided under this heading in this Act shall be for Head 
Start programs, including making payments under the Head Start Act:  
Provided further, That none of funds made available in the preceding 
proviso shall be included in the calculation of the ``base grant'' in 
subsequent fiscal years, as such term is defined in sections 
640(a)(7)(A) of the Head Start Act:  Provided further, That funds made 
available in first proviso are not subject to the allocation 
requirements of section 640(a) of the Head Start Act or the matching 
requirements of section 640(b) of such Act:  Provided further, That 
$10,000,000 of the amount provided under this heading in this Act shall 
be for payments to States, Territories, and tribes for activities 
authorized under subpart 1 of part B of title IV of the Social Security 
Act, with such funds allocated based on assessed need notwithstanding 
section 423 of such Act and paid without regard to percentage 
limitations in subsections (a), (c), or (e) in section 424 of such Act:  
Provided further, That $10,000,000 of the amount provided under this 
heading in this Act shall be for payments to States, Territories, 
tribes, and coalitions for carrying out sections 303(a) and 303(b) of 
the Family Violence Prevention and Services Act, notwithstanding the 
matching requirements in section 306(c)(4) of such Act and allocated 
based on assessed need, notwithstanding section 303(a)(2) of such Act:  
Provided further, That the Secretary may make funds made available under 
the preceding proviso available for providing temporary housing and 
assistance to victims of family, domestic, and dating violence:  
Provided further, That funds made available by the fifth proviso shall 
be available for expenditure, by a State, Territory, tribe, coalition, 
or any recipient of funds from a grant, through the end of fiscal year 
2027:  Provided further, That $25,000,000 of the amount made available 
under this heading in this Act shall be for payments to States, 
territories, and tribes authorized under the Community Services Block 
Grant Act, with such funds allocated based on assessed need, 
notwithstanding sections 674(b), 675A, and 675B of such Act:  Provided 
further, <<NOTE: Allocations.>>  That notwithstanding section 676(b)(8) 
of the Community Services Block Grant Act, each State, Territory, or 
tribe receiving funds made available under the preceding proviso may 
allocate funds to eligible entities based on assessed need:  Provided 
further, <<NOTE: Applicability.>> That for services furnished under the 
CSBG Act with funds appropriated under this heading in this Act, a 
State, territory or tribe that receives a supplemental grant award may 
apply the last sentence of section 673(2) of the CSBG Act by 
substituting ``200 percent'' for ``125 percent'':  Provided further, 
That funds made available under this heading in this Act may be used for 
alteration, renovation, construction, equipment, and other capital 
improvement costs as necessary to meet the needs of areas affected by 
Hurricanes Fiona and Ian:  Provided further, <<NOTE: Time period.>> That 
the Secretary shall not retain Federal

[[Page 136 STAT. 5222]]

interest after a period of 10 years (from the date on which the funds 
are made available to purchase or improve the property) in any facility 
renovated, repaired, or rebuilt with funds appropriated under this 
heading in this Act, with the exception of funds appropriated for Head 
Start programs:  Provided further, That funds made available under this 
heading in this Act shall not be available for costs that are reimbursed 
by the Federal Emergency Management Agency, under a contract for 
insurance, or by self-insurance:  Provided further, That up to 
$18,000,000, to remain available until expended, shall be available for 
Federal administrative expenses:  Provided further, That funds 
appropriated under this heading in this Act may be made available to 
restore amounts, either directly or through reimbursement, for 
obligations incurred for such purposes, prior to the date of enactment 
of this Act.

                         Office of the Secretary

            public health and social services emergency fund

                     (including transfers of funds)

    For an additional amount for ``Public Health and Social Services 
Emergency Fund'', $128,792,000, to remain available until September 30, 
2024, for necessary expenses directly related to the consequences of 
Hurricanes Fiona and Ian, including activities authorized under section 
319(a) of the Public Health Service Act (referred to under this heading 
as the ``PHS Act''):  Provided, That funds made available under this 
heading in this Act may be used for alteration, renovation, 
construction, equipment, and other capital improvement costs as 
necessary to meet the needs of areas affected by Hurricanes Fiona and 
Ian:  Provided further, That funds made available under this heading in 
this Act may be used for the purchase or hire of vehicles:  Provided 
further, That of the amount made available under this heading in this 
Act, $65,000,000 shall be transferred to ``Health Resources and Services 
Administration--Primary Health Care'' for expenses directly related to a 
disaster or emergency for disaster response and recovery, for the Health 
Centers Program under section 330 of the PHS Act, including alteration, 
renovation, construction, equipment, and other capital improvement costs 
as necessary to meet the needs of areas affected by a disaster or 
emergency:  Provided further, That the time limitation in section 
330(e)(3) of the PHS Act shall not apply to funds made available under 
the preceding proviso:  Provided further, That of the amount made 
available under this heading in this Act, not less than $22,000,000 
shall be transferred to ``Substance Abuse and Mental Health Services 
Administration--Health Surveillance and Program Support'' for grants, 
contracts, and cooperative agreements for behavioral health treatment 
(including screening and diagnosis), treatment of substance use 
disorders (including screening and diagnosis), crisis counseling, and 
other related helplines, and for other similar programs to provide 
support to individuals impacted by a disaster or emergency:  Provided 
further, That of the amount made available under this heading in this 
Act, not less than $15,000,000 shall be transferred to ``Administration 
for Community Living--Aging and Disability Services Programs'' for 
necessary expenses directly related to the consequences of Hurricanes 
Fiona and Ian:  Provided further, That funds made

[[Page 136 STAT. 5223]]

available under the preceding proviso are not subject to the allotment, 
reservation, matching, or application and State and area requirements of 
the Older Americans Act of 1965 and Rehabilitation Act of 1973:  
Provided further, That of the amount made available under this heading 
in this Act, not less than $392,000 shall be transferred to ``Food and 
Drug Administration--Buildings and Facilities'' for costs related to 
repair of facilities, for replacement of equipment, and for other 
increases in facility-related costs due to the consequences of 
Hurricanes Fiona and Ian:  Provided further, That of the amount made 
available under this heading in this Act, up to $2,000,000, to remain 
available until expended, shall be transferred to ``Office of the 
Secretary--Office of Inspector General'' for oversight of activities 
responding to such disasters or emergencies.

                     GENERAL PROVISIONS--THIS TITLE

    Sec. 2801. (a) <<NOTE: Appointment.>>  In General.--As the Secretary 
of Health and Human Services determines necessary to respond to a 
critical hiring need for emergency response positions, after providing 
public notice and without regard to the provisions of sections 3309 
through 3319 of title 5, United States Code, the Secretary may appoint 
candidates directly to the following positions, consistent with 
subsection (b), to perform critical work directly relating to the 
consequences of Hurricanes Fiona and Ian:
            (1) Intermittent disaster-response personnel in the National 
        Disaster Medical System, under section 2812 of the Public Health 
        Service Act (42 U.S.C. 300hh-11).
            (2) Term or temporary related positions in the Centers for 
        Disease Control and Prevention and the Office of the Assistant 
        Secretary for Preparedness and Response.

    (b) Expiration.--The authority under subsection (a) shall expire 270 
days after the date of enactment of this section.
    Sec. 2802.  <<NOTE: Deadline. Operating plan.>>  Not later than 45 
days after the date of enactment of this Act, the agencies receiving 
funds appropriated by this title shall provide a detailed operating plan 
of anticipated uses of funds made available in this title by State and 
Territory, and by program, project, and activity, to the Committees on 
Appropriations:  Provided, That no such funds shall be obligated before 
the operating plans are provided to the Committees:  Provided 
further, <<NOTE: Updates. Submission. Time period.>> That such plans 
shall be updated, including obligations to date and anticipated use of 
funds made available in this title, and submitted to the Committees on 
Appropriations biweekly until all such funds are expended.

                                TITLE IX

                          DEPARTMENT OF DEFENSE

              Military Construction, Navy and Marine Corps

    For an additional amount for ``Military Construction, Navy and 
Marine Corps'', $41,040,000, to remain available until September 30, 
2025, for necessary expenses related to the consequences of Hurricanes 
Ian and Fiona:  Provided, That, <<NOTE: Deadline. Expenditure plan.>>  
not later than 60 days after the date of enactment of this Act, the 
Secretary of the Navy, or their designee, shall submit to the Committees 
on Appropriations of the House of Representatives and the Senate

[[Page 136 STAT. 5224]]

an expenditure plan for funds provided under this heading in this Act:  
Provided further, That such funds may be obligated or expended for 
planning and design and military construction projects not otherwise 
authorized by law.

                                 TITLE X

                      DEPARTMENT OF TRANSPORTATION

                     Federal Highway Administration

                        emergency relief program

    For an additional amount for the ``Emergency Relief Program'' as 
authorized under section 125 of title 23, United States Code, 
$803,000,000, to remain available until expended:  Provided, That 
notwithstanding subsection (e) of section 120 of title 23, United States 
Code, for this fiscal year and hereafter, the Federal share for 
Emergency Relief funds made available under section 125 of such title to 
respond to damage caused by Hurricane Fiona, shall be 100 percent.

                     Federal Transit Administration

             public transportation emergency relief program

    For an additional amount for ``Public Transportation Emergency 
Relief Program'' as authorized under section 5324 of title 49, United 
States Code, $213,905,338, to remain available until expended, for 
transit systems affected by major declared disasters occurring in 
calendar years 2017, 2020, 2021, and 2022:  Provided, That not more than 
three-quarters of 1 percent of the funds for public transportation 
emergency relief shall be available for administrative expenses and 
ongoing program management oversight as authorized under sections 5334 
and 5338(c)(2) of such title and shall be in addition to any other 
appropriations for such purpose.

               DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

                        Public and Indian Housing

                     tenant-based rental assistance

    For an additional amount for ``Tenant-Based Rental Assistance'', 
$2,653,580,000, to remain available until expended, for activities 
specified in paragraph (1) (excluding any set-asides) of such heading in 
title II of division L of this consolidated Act.

                   Community Planning and Development

                       community development fund

                     (including transfers of funds)

    For an additional amount for ``Community Development Fund'', 
$3,000,000,000, to remain available until expended, for the same 
purposes and under the same terms and conditions as funds appropriated 
under such heading in title VIII of the Disaster Relief

[[Page 136 STAT. 5225]]

Supplemental Appropriations Act, 2022 (division B of Public Law 117-43), 
except that such amounts shall be for major disasters that occurred in 
2022 or later until such funds are fully allocated and the fourth, 
twentieth, and twenty-first provisos under such heading in such Act 
shall not apply:  Provided, That amounts made available under this 
heading in this Act and under such heading in such Act may be used by a 
grantee to assist utilities as part of a disaster-related eligible 
activity under section 105(a) of the Housing and Community Development 
Act of 1974 (42 U.S.C. 5305(a)):  Provided further, That of the amounts 
made available under this heading in this Act, up to $10,000,000 shall 
be made available for capacity building and technical assistance, 
including assistance on contracting and procurement processes, to 
support States, units of general local government, or Indian tribes (and 
their subrecipients) that receive allocations related to major disasters 
under this heading in this, prior, or future Acts:  Provided further, 
That of the amounts made available under this heading in this Act, up to 
$5,000,000 shall be transferred to ``Department of Housing and Urban 
Development--Program Office Salaries and Expenses--Community Planning 
and Development'' for necessary costs, including information technology 
costs, of administering and overseeing the obligation and expenditure of 
amounts made available under this heading in this Act or any prior or 
future Act that makes amounts available for purposes related to major 
disasters under such heading:  Provided further, That the amount 
specified in the preceding proviso shall be combined with funds 
appropriated under this same heading for this same purpose in any prior 
Acts and the aggregate of such amounts shall be available for the costs 
of administering and overseeing any funds appropriated to the Department 
related to major disasters in this, prior, or future Acts, 
notwithstanding the purposes for which such funds were appropriated:  
Provided further, That of the amounts made available under this heading 
in this Act, up to $5,000,000 shall be transferred to ``Department of 
Housing and Urban Development--Office of the Inspector General'' for 
necessary costs of overseeing and auditing amounts made available under 
this heading in this Act or any prior or future Act that makes amounts 
available for purposes related to major disasters under such heading:  
Provided further, That amounts repurposed under this heading that were 
previously designated by the Congress as an emergency requirement 
pursuant to the Balanced Budget and Emergency Deficit Control Act of 
1985 or a concurrent resolution on the budget are designated by the 
Congress as an emergency requirement pursuant to section 4001(a)(1) of 
S. Con. Res. 14 (117th Congress), the concurrent resolution on the 
budget for fiscal year 2022, and section 1(e) of H. Res. 1151 (117th 
Congress), as engrossed in the House of Representatives on June 8, 2022.

                            Housing Programs

                     project-based rental assistance

    For an additional amount for ``Project-Based Rental Assistance'', 
$969,420,000, to remain available until expended.

[[Page 136 STAT. 5226]]

                                TITLE XI

                      GENERAL PROVISIONS--THIS ACT

    Sec. 21101.  Each amount appropriated or made available by this Act 
is in addition to amounts otherwise appropriated for the fiscal year 
involved.
    Sec. 21102.  No part of any appropriation contained in this Act 
shall remain available for obligation beyond the current fiscal year 
unless expressly so provided herein.
    Sec. 21103.  Unless otherwise provided for by this Act, the 
additional amounts appropriated by this Act to appropriations accounts 
shall be available under the authorities and conditions applicable to 
such appropriations accounts for fiscal year 2023.
    Sec. 21104.  Each amount provided by this division is designated by 
the Congress as being for an emergency requirement pursuant to section 
4001(a)(1) of S. Con. Res. 14 (117th Congress), the concurrent 
resolution on the budget for fiscal year 2022, and section 1(e) of H. 
Res. 1151 (117th Congress), as engrossed in the House of Representatives 
on June 8, 2022.
    This division may be cited as the ``Disaster Relief Supplemental 
Appropriations Act, 2023''.

             DIVISION O--EXTENDERS AND TECHNICAL CORRECTIONS

    TITLE I--NATIONAL CYBERSECURITY PROTECTION SYSTEM AUTHORIZATION 
                                EXTENSION

SEC. 101. EXTENSION OF DHS AUTHORITY AND REPORTING.

    Section 227(a) of the Federal Cybersecurity Enhancement Act of 2015 
(6 U.S.C. 1525(a)) is amended by striking ``the date that is 7 years 
after the date of enactment of this Act'' and inserting ``September 30, 
2023''.

                  TITLE II--NDAA TECHNICAL CORRECTIONS

SEC. 201. BASIC NEEDS ALLOWANCE TECHNICAL CORRECTION.

    (a) In General.--Subsection (a) of section 611 of the James M. 
Inhofe National Defense Authorization Act for Fiscal Year <<NOTE: 37 USC 
402b.>> 2023 is amended--
            (1) in the matter preceding paragraph (1), by striking 
        ``402b(b)'' and inserting ``402b'';
            (2) by striking paragraph (1) and inserting the following:
            ``(1) in subsection (b)(2)--
                    ``(A) by inserting `(A)' before `the gross';
                    ``(B) by striking `130 percent' and inserting `150 
                percent';
                    ``(C) by striking `; and' and inserting `; or'; and
                    ``(D) by inserting at the end the following:

[[Page 136 STAT. 5227]]

            `` `(B) if the Secretary concerned determines it appropriate 
        (based on location, household need, or special circumstance), 
        the gross household income of the member during the most recent 
        calendar year did not exceed an amount equal to 200 percent of 
        the Federal poverty guidelines of the Department of Health and 
        Human Services for the location of the member and the number of 
        individuals in the household of the member for such year; and'; 
        and''; and
            (3) by striking paragraph (2) and inserting the following:
            ``(2) in subsection (c)(1)(A), by striking `130 percent' and 
        inserting `150 percent (or, in the case of a member described in 
        subsection (b)(2)(B), 200 percent)'.''.

    (b) <<NOTE: 37 USC 402b note.>> Effective Date.--The amendments made 
by this section shall take effect as if included in the enactment of 
such Act.
SEC. 202. TECHNICAL CORRECTION RELATING TO APPLICABILITY OF 
                        AGREEMENT BY A CADET OR MIDSHIPMAN TO PLAY 
                        PROFESSIONAL SPORT CONSTITUTING BREACH OF 
                        AGREEMENT TO SERVE AS AN OFFICER.

    (a) In General.--Section 553 of the James M. Inhofe National Defense 
Authorization Act for Fiscal Year 2023 is amended by adding at the end 
the following new subsection:
    ``(d) <<NOTE: 10 USC 7448 note.>>  Applicability.--The amendments 
made by this section shall only apply with respect to a cadet or 
midshipman who first enrolls in the United States Military Academy, the 
United States Naval Academy, or the United States Air Force Academy on 
or after June 1, 2021.''.

    (b) <<NOTE: 10 USC 7448 note.>>  Effective Date.--The amendment made 
by subsection (a) shall take effect on the date of the enactment of the 
James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 
and apply as if originally included in the enactment of such Act.

                    TITLE III--IMMIGRATION EXTENSIONS

SEC. <<NOTE: Applicability. 8 USC 1324a note.>> 301. E-VERIFY.

    Section 401(b) of the Illegal Immigration Reform and Immigrant 
Responsibility Act of 1996 (8 U.S.C. 1324a note) shall be applied by 
substituting ``September 30, 2023'' for ``September 30, 2015''.
SEC. 302. <<NOTE: Applicability. 8 USC 1101 note.>>  NON-MINISTER 
                        RELIGIOUS WORKERS.

    Subclauses (II) and (III) of section 101(a)(27)(C)(ii) of the 
Immigration and Nationality Act (8 U.S.C. 1101(a)(27)(C)(ii)) shall be 
applied by substituting ``September 30, 2023'' for ``September 30, 
2015''.
SEC. 303. <<NOTE: 8 USC 1184 note.>>  H-2B SUPPLEMENTAL VISAS 
                        EXEMPTION.

    Notwithstanding the numerical limitation set forth in section 
214(g)(1)(B) of the Immigration and Nationality Act (8 U.S.C. 
1184(g)(1)(B)), the Secretary of Homeland Security, after consultation 
with the Secretary of Labor, and upon determining that the needs of 
American businesses cannot be satisfied during fiscal year 2023 with 
United States workers who are willing, qualified, and able to perform 
temporary nonagricultural labor, may increase the total number of aliens 
who may receive a visa under section 101(a)(15)(H)(ii)(b) of such Act (8 
U.S.C. 1101(a)(15)(H)(ii)(b)) in such fiscal year above such limitation 
by not more than the highest number of H-2B nonimmigrants who 
participated in the H-2B

[[Page 136 STAT. 5228]]

returning worker program in any fiscal year in which returning workers 
were exempt from such numerical limitation.
SEC. 304. <<NOTE: Applicability. 8 USC 1182 note.>>  RURAL 
                        HEALTHCARE WORKERS.

    Section 220(c) of the Immigration and Nationality Technical 
Corrections Act of 1994 (8 U.S.C. 1182 note) shall be applied by 
substituting ``September 30, 2023'' for ``September 30, 2015''.

             TITLE IV--ENVIRONMENT AND PUBLIC WORKS MATTERS

SEC. 401. ESTABLISHMENT OF REGIONAL COMMISSION FOR THE GREAT 
                        LAKES.

    (a) Establishment.--
            (1) In general.--Section 15301(a) of title 40, United States 
        Code, is amended by adding at the end the following:
            ``(4) The Great Lakes Authority.''.
            (2) Conforming amendment.--Section 15101(1) of title 40, 
        United States Code, is amended by inserting ``or Authority'' 
        after ``a Commission''.

    (b) Designation of Region.--
            (1) In general.--Subchapter II of chapter 157 of title 40, 
        United States Code, is amended by adding at the end the 
        following:
``Sec. 15734. <<NOTE: 40 USC 15734.>>  Great Lakes Authority

    ``The <<NOTE: State listing.>>  region of the Great Lakes Authority 
shall consist of areas in the watershed of the Great Lakes and the Great 
Lakes System (as such terms are defined in section 118(a)(3) of the 
Federal Water Pollution Control Act (33 U.S.C. 1268(a)(3))), in each of 
the following States:
            ``(1) Illinois.
            ``(2) Indiana.
            ``(3) Michigan.
            ``(4) Minnesota.
            ``(5) New York.
            ``(6) Ohio.
            ``(7) Pennsylvania.
            ``(8) Wisconsin.''.
            (2) Clerical amendment.--The analysis for subchapter II of 
        chapter 157 of title 40, United States Code, <<NOTE: 40 USC 
        prec. 15701.>>  is amended by adding at the end the following:

``15734. Great Lakes Authority.''.

SEC. 402. REAUTHORIZATION OF NATIONAL WILDLIFE REFUGE SYSTEM 
                        VOLUNTEER SERVICES, COMMUNITY PARTNERSHIP, 
                        AND REFUGE EDUCATION PROGRAMS.

    Section 7(g) of the Fish and Wildlife Act of 1956 (16 U.S.C. 742f) 
is amended by striking ``2018 through 2022'' and inserting ``2023 
through 2027''.
SEC. 404. PATRICK LEAHY LAKE CHAMPLAIN BASIN PROGRAM.

    (a) In General.--Section 120 of the Federal Water Pollution Control 
Act (33 U.S.C. 1270) is amended--
            (1) in the section heading, by inserting ``patrick leahy'' 
        before ``lake'';

[[Page 136 STAT. 5229]]

            (2) by inserting ``Patrick Leahy'' before ``Lake Champlain 
        Basin Program'' each place it appears;
            (3) in subsection (g)(1), in the paragraph heading, by 
        striking ``Lake'' and inserting ``Patrick leahy lake''; and
            (4) by amending subsection (i) to read as follows:

    ``(i) <<NOTE: Time period.>>  Authorization of Appropriations.--
There is authorized to be appropriated to the Administrator to carry out 
this section $35,000,000 for each of fiscal years 2023 through 2027, to 
remain available until expended.''.

    (b) Conforming Amendment.--Section 1201(c) of the Nonindigenous 
Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4721) is 
amended by inserting ``Patrick Leahy'' before ``Lake Champlain Basin 
Program''.
    (c) <<NOTE: 33 USC 1270 note.>>  References.--Any reference in law, 
regulation, map, document, paper, or other record of the United States 
to the ``Lake Champlain Basin Program'' shall be deemed to be a 
reference to the Patrick Leahy Lake Champlain Basin Program.
SEC. 405. CLEAN SCHOOL BUS PROGRAM.

    Section 741 of the Energy Policy Act of 2005 (42 U.S.C. 16091) is 
amended--
            (1) in subsection (a)--
                    (A) in paragraph (4)--
                          (i) in subparagraph (A)--
                                    (I) by inserting ``, lease, license, 
                                or contract for service'' after ``to 
                                sell''; and
                                    (II) by inserting ``, lease, 
                                license, or contract for service'' after 
                                ``that own''; and
                          (ii) in subparagraph (B), by inserting ``, 
                      lease, license, or contract for service'' before 
                      the period at the end; and
                    (B) in paragraph (5)(A)--
                          (i) in clause (i)(II), by inserting ``, lease, 
                      license, or contract for service'' after 
                      ``purchase'';
                          (ii) in clause (iii), by striking ``or'' at 
                      the end;
                          (iii) by redesignating clause (iv) as clause 
                      (v);
                          (iv) by inserting after clause (iii) the 
                      following:
                          ``(iv) a charter school (as defined in section 
                      4310 of the Elementary and Secondary Education Act 
                      of 1965 (20 U.S.C. 7221i)) responsible for the 
                      purchase, lease, license, or contract for service 
                      of school buses for that charter school; or''; and
                          (v) in subclause (II) of clause (v) (as so 
                      redesignated), by inserting ``, lease, license, or 
                      contract for service'' after ``purchase''; and
            (2) <<NOTE: Time period.>> in subsection (b)(5)(A), by 
        inserting ``, except that, if the award is to an eligible 
        contractor and the contract with the local educational agency 
        (including charter schools operating as local educational 
        agencies under State law) ends before the end of the 5-year 
        period, those school buses may be operated as part of another 
        local educational agency eligible for the same or higher 
        priority consideration under paragraph (4), subject to the 
        limitations under paragraph (7)'' before the semicolon at the 
        end.

[[Page 136 STAT. 5230]]

                      TITLE V--SAFETY ENHANCEMENTS

SEC. 501. AMENDMENTS TO THE FLIGHT CREW ALERTING REQUIREMENTS.

    (a) In General.--Chapter 447 of title 49, United States Code, is 
amended by inserting after section 44743 the following:
``Sec. 44744. <<NOTE: 49 USC 44744.>> Flight crew alerting

    ``(a) <<NOTE: Effective date.>> In General.--Beginning on December 
27, 2022, the Administrator may not issue a type certificate for a 
transport category airplane unless such airplane incorporates a flight 
crew alerting system that, at a minimum--
            ``(1) displays and differentiates among warnings, cautions, 
        and advisories; and
            ``(2) includes functions to assist the flight crew in 
        prioritizing corrective actions and responding to systems 
        failures.

    ``(b) Limitation.--The prohibition in subsection (a) shall not apply 
to any application for an original or amended type certificate that was 
submitted to the Administrator prior to December 27, 2020.
    ``(c) Safety Enhancements.--
            ``(1) Restriction on airworthiness certificate issuance.-- 
        <<NOTE: Effective date.>> Beginning on the date that is 1 year 
        after the date on which the Administrator issues a type 
        certificate for the Boeing 737-10, the Administrator may not 
        issue an original airworthiness certificate for any Boeing 737 
        MAX aircraft unless the Administrator finds that the type design 
        for the aircraft includes safety enhancements that have been 
        approved by the Administrator.
            ``(2) <<NOTE: Effective date.>> Restriction on operation.--
        Beginning on the date that is 3 years after the date on which 
        the Administrator issues a type certificate for the Boeing 737-
        10, no person may operate a Boeing 737 MAX aircraft unless--
                    ``(A) the type design for the aircraft includes 
                safety enhancements approved by the Administrator; and
                    ``(B) the aircraft was--
                          ``(i) produced in conformance with such type 
                      design; or
                          ``(ii) altered in accordance with such type 
                      design.

    ``(d) Definitions.--In this section:
            ``(1) Boeing 737 max aircraft.--The term `Boeing 737 MAX 
        aircraft' means any--
                    ``(A) Model 737 series aircraft designated as a 737-
                7, 737-8, 737-8200, 737-9, or 737-10; or
                    ``(B) other variant of a model described in 
                subparagraph (A).
            ``(2) Safety enhancement.--The term `safety enhancement' 
        means any design change to the flight crew alerting system 
        approved by the Administrator for the Boeing 737-10, including--
                    ``(A) a--
                          ``(i) synthetic enhanced angle-of-attack 
                      system; and
                          ``(ii) means to shut off stall warning and 
                      overspeed alerts; or

[[Page 136 STAT. 5231]]

                    ``(B) any design changes equivalent to subparagraph 
                (A) determined appropriate by the Administrator.''.

    (b) Repeal of ACSAA Section 116(b)(1).--Section 116 of the Aircraft 
Certification, Safety, and Accountability Act (49 U.S.C. 44704 note) is 
amended by striking subsection (b) and inserting the following:
    ``(b) <<NOTE: Effective date.>> Prohibition.--Beginning on December 
27, 2022, the Administrator may not issue a type certificate for a 
transport category aircraft unless, in the case of a transport category 
aircraft other than a transport airplane, the type certificate applicant 
provides a means acceptable to the Administrator to assist the flight 
crew in prioritizing corrective actions and responding to systems 
failures (including by cockpit or flight manual procedures).''.

    (c) <<NOTE: 49 USC 44744 note.>> Costs.--Any costs associated with 
the safety enhancements required by section 44744 of title 49, United 
States Code, as added by subsection (a), shall be borne by the holder of 
the type certificate.

    (d) <<NOTE: Deadlines. 49 USC 44744 note.>>  Congressional 
Briefings.--Not later than March 1, 2023, and on a quarterly basis 
thereafter, the Administrator shall brief Congress on the status of--
            (1) the issuance of a type certificate for the Boeing 737-7 
        and 737-10, including any design enhancements, pilot procedures, 
        or training requirements resulting from system safety 
        assessments; and
            (2) the implementation of safety enhancements for Boeing 737 
        MAX aircraft, as required by section 44744 of title 49, United 
        States Code, as added by subsection (a).

    (e) Clerical Amendment.--The chapter analysis for chapter 447 of 
title 49, United States Code, <<NOTE: 49 USC prec. 44701.>>  is amended 
by inserting after the item relating to section 44743 the following:

``44744. Flight Crew Alerting.''.

 TITLE VI--EXTENSION OF TEMPORARY ORDER FOR FENTANYL-RELATED SUBSTANCES

SEC. 601. EXTENSION OF TEMPORARY ORDER FOR FENTANYL-RELATED 
                        SUBSTANCES.

    Effective as if included in the enactment of the Temporary 
Reauthorization and Study of the Emergency Scheduling of Fentanyl 
Analogues Act (Public Law 116-114), section 2 of such Act <<NOTE: 134 
Stat. 103; 135 Stat. 264, 380, 1504; 136 Stat. 17, 33, 801.>>  is 
amended by striking ``December 31, 2022''and inserting ``December 31, 
2024''.

 TITLE VII--FEDERAL TRADE COMMISSION OVERSIGHT OF HORSERACING INTEGRITY 
                          AND SAFETY AUTHORITY

SEC. 701. FEDERAL TRADE COMMISSION OVERSIGHT OF HORSERACING 
                        INTEGRITY AND SAFETY AUTHORITY.

    Section 1204(e) of the Horseracing Integrity and Safety Act of 2020 
(15 U.S.C. 3053(e)) is amended to read as follows:
    ``(e) Amendment by Commission of Rules of Authority.--The 
Commission, by rule in accordance with section 553 of title

[[Page 136 STAT. 5232]]

5, United States Code, may abrogate, add to, and modify the rules of the 
Authority promulgated in accordance with this Act as the Commission 
finds necessary or appropriate to ensure the fair administration of the 
Authority, to conform the rules of the Authority to requirements of this 
Act and applicable rules approved by the Commission, or otherwise in 
furtherance of the purposes of this Act.''.

    TITLE VIII-- <<NOTE: United States Parole Commission Additional 
Extension Act of 2022.>> UNITED STATES PAROLE COMMISSION EXTENSION
SEC. 801. UNITED STATES PAROLE COMMISSION EXTENSION.

    (a) <<NOTE: 18 USC 1 note.>> Short Title.--This section may be cited 
as the ``United States Parole Commission Additional Extension Act of 
2022''.

    (b) <<NOTE: 18 USC 3551 note.>>  Amendment of Sentencing Reform Act 
of 1984.--For purposes of section 235(b) of the Sentencing Reform Act of 
1984 (18 U.S.C. 3551 note; Public Law 98-473; 98 Stat. 2032), as such 
section relates to chapter 311 of title 18, United States Code, and the 
United States Parole Commission, each reference in such section to ``35 
years and 46 days'' or ``35-year and 46-day period'' shall be deemed a 
reference to ``36 years'' or ``36-year period'', respectively.

    (c) Effective Date.--Subsection (b) shall take effect as though 
enacted as part of the Further Continuing Appropriations and Extensions 
Act, 2023.
    (d) <<NOTE: 18 USC 3551 note.>>  Superseded Provision.--Section 103 
of division B of the Further Continuing Appropriations and Extensions 
Act, 2023 shall have no force or effect.

              TITLE IX--EXTENSION OF FCC AUCTION AUTHORITY

SEC. 901. EXTENSION OF FCC AUCTION AUTHORITY.

    Section 309(j)(11) of the Communications Act of 1934 (47 U.S.C. 
309(j)(11)) is amended by striking ``December 23, 2022'' and inserting 
``March 9, 2023''.

                       TITLE X--BUDGETARY EFFECTS

SEC. 1001. BUDGETARY EFFECTS.

    (a) Statutory Paygo Scorecards.--The budgetary effects of this 
division and each succeeding division shall not be entered on either 
PAYGO scorecard maintained pursuant to section 4(d) of the Statutory 
Pay-As-You-Go Act of 2010.
    (b) Senate Paygo Scorecards.--The budgetary effects of this division 
and each succeeding division shall not be entered on any PAYGO scorecard 
maintained for purposes of section 4106 of H. Con. Res. 71 (115th 
Congress).
    (c) Classification of Budgetary Effects.--Notwithstanding Rule 3 of 
the Budget Scorekeeping Guidelines set forth in the joint explanatory 
statement of the committee of conference accompanying Conference Report 
105-217 and section 250(c)(8) of the Balanced Budget and Emergency 
Deficit Control Act of 1985, the

[[Page 136 STAT. 5233]]

budgetary effects of this division and each succeeding division shall 
not be estimated--
            (1) for purposes of section 251 of such Act;
            (2) for purposes of an allocation to the Committee on 
        Appropriations pursuant to section 302(a) of the Congressional 
        Budget Act of 1974; and
            (3) for purposes of paragraph (4)(C) of section 3 of the 
        Statutory Pay-As-You-Go Act of 2010 as being included in an 
        appropriation Act.

    (d) Balances on the PAYGO Scorecards.--
            (1) Fiscal year 2023.--For the purposes of the annual report 
        issued pursuant to section 5 of the Statutory Pay-As-You-Go Act 
        of 2010 (2 U.S.C. 934) after adjournment of the second session 
        of the 117th Congress, and for determining whether a 
        sequestration order is necessary under such section, the debit 
        for the budget year on the 5-year scorecard, if any, and the 10-
        year scorecard, if any, shall be deducted from such scorecards 
        in 2023 and added to such scorecards in 2025.
            (2) Fiscal year 2024.--For the purposes of the annual report 
        issued pursuant to section 5 of the Statutory Pay-As-You-Go Act 
        of 2010 (2 U.S.C. 934) after adjournment of the first session of 
        the 118th Congress, and for determining whether a sequestration 
        order is necessary under such section, the debit for the budget 
        year on the 5-year scorecard, if any, and the 10-year scorecard, 
        if any, shall be deducted from such scorecards in 2024 and added 
        to such scorecards in 2025.

DIVISION P-- <<NOTE: Electoral Count Reform and Presidential Transition 
   Improvement Act of 2022.>> ELECTORAL COUNT REFORM AND PRESIDENTIAL 
TRANSITION IMPROVEMENT
SEC. 1. <<NOTE: 3 USC 1 note.>> SHORT TITLE, ETC.

    This division may be cited as the ``Electoral Count Reform and 
Presidential Transition Improvement Act of 2022''.

TITLE I <<NOTE: Electoral Count Reform Act of 2022.>> --ELECTORAL COUNT 
REFORM ACT
SEC. 101. <<NOTE: 3 USC 1 note.>>  SHORT TITLE.

    This title may be cited as the ``Electoral Count Reform Act of 
2022''.
SEC. 102. TIME FOR APPOINTING ELECTORS.

    (a) In General.--Title 3, United States Code, is amended by striking 
sections 1 and 2 and inserting the following:
``Sec. 1. <<NOTE: 3 USC 1.>> Time of appointing electors

    ``The electors of President and Vice President shall be appointed, 
in each State, on election day, in accordance with the laws of the State 
enacted prior to election day.''.
    (b) Election Day.--Section 21 of title 3, United States Code, is 
amended by redesignating subsections (a) and (b) as paragraphs (2) and 
(3), respectively, and by inserting before paragraph (2) (as so 
redesignated) the following:

[[Page 136 STAT. 5234]]

            ``(1) <<NOTE: Definition.>>  `election day' means the 
        Tuesday next after the first Monday in November, in every fourth 
        year succeeding every election of a President and Vice President 
        held in each State, except, in the case of a State that appoints 
        electors by popular vote, if the State modifies the period of 
        voting, as necessitated by force majeure events that are 
        extraordinary and catastrophic, as provided under laws of the 
        State enacted prior to such day, `election day' shall include 
        the modified period of voting.''.

    (c) Conforming Amendment.--The table of contents for chapter 1 of 
title 3, United States Code, <<NOTE: 3 USC prec. 1.>> is amended by 
striking the item relating to section 1 and inserting the following:

``1. Time of appointing electors.''.

SEC. 103. CLARIFICATION WITH RESPECT TO VACANCIES IN ELECTORAL 
                        COLLEGE.

    Section 4 of title 3, United States Code, is amended by inserting 
``enacted prior to election day'' after ``by law''.
SEC. 104. CERTIFICATE OF ASCERTAINMENT OF APPOINTMENT OF ELECTORS.

    (a) Determination.--Section 5 of title 3, United States Code, is 
amended to read as follows:
``Sec. 5. Certificate of ascertainment of appointment of electors

    ``(a) In General.--
            ``(1) <<NOTE: Deadline.>> Certification.--Not later than the 
        date that is 6 days before the time fixed for the meeting of the 
        electors, the executive of each State shall issue a certificate 
        of ascertainment of appointment of electors, under and in 
        pursuance of the laws of such State providing for such 
        appointment and ascertainment enacted prior to election day.
            ``(2) Form of certificate.--Each certificate of 
        ascertainment of appointment of electors shall--
                    ``(A) set forth the names of the electors appointed 
                and the canvass or other determination under the laws of 
                such State of the number of votes given or cast for each 
                person for whose appointment any and all votes have been 
                given or cast;
                    ``(B) bear the seal of the State; and
                    ``(C) contain at least one security feature, as 
                determined by the State, for purposes of verifying the 
                authenticity of such certificate.

    ``(b) Transmission.--It shall be the duty of the executive of each 
State--
            ``(1) to transmit to the Archivist of the United States, 
        immediately after the issuance of a certificate of ascertainment 
        of appointment of electors and by the most expeditious method 
        available, such certificate of ascertainment of appointment of 
        electors; and
            ``(2) to transmit to the electors of such State, on or 
        before the day on which the electors are required to meet under 
        section 7, six duplicate-originals of the same certificate.

    ``(c) Treatment of Certificate as Conclusive.--For purposes of 
section 15:
            ``(1) In general.--
                    ``(A) Certificate issued by executive.--Except as 
                provided in subparagraph (B), a certificate of 
                ascertainment

[[Page 136 STAT. 5235]]

                of appointment of electors issued pursuant to subsection 
                (a)(1) shall be treated as conclusive in Congress with 
                respect to the determination of electors appointed by 
                the State.
                    ``(B) Certificates issued pursuant to court 
                orders.--Any certificate of ascertainment of appointment 
                of electors required to be issued or revised by any 
                State or Federal judicial relief granted prior to the 
                date of the meeting of electors shall replace and 
                supersede any other certificates submitted pursuant to 
                this section.
            ``(2) Determination of federal questions.--The determination 
        of Federal courts on questions arising under the Constitution or 
        laws of the United States with respect to a certificate of 
        ascertainment of appointment of electors shall be conclusive in 
        Congress.

    ``(d) Venue and Expedited Procedure.--
            ``(1) In general.--Any action brought by an aggrieved 
        candidate for President or Vice President that arises under the 
        Constitution or laws of the United States with respect to the 
        issuance of the certification required under section (a)(1), or 
        the transmission of such certification as required under 
        subsection (b), shall be subject to the following rules:
                    ``(A) Venue.--The venue for such action shall be the 
                Federal district court of the Federal district in which 
                the State capital is located.
                    ``(B) 3-judge panel.--Such action shall be heard by 
                a district court of three judges, convened pursuant to 
                section 2284 of title 28, United States Code, except 
                that--
                          ``(i) the court shall be comprised of two 
                      judges of the circuit court of appeals in which 
                      the district court lies and one judge of the 
                      district court in which the action is brought; and
                          ``(ii) section 2284(b)(2) of such title shall 
                      not apply.
                    ``(C) Expedited procedure.--It shall be the duty of 
                the court to advance on the docket and to expedite to 
                the greatest possible extent the disposition of the 
                action, consistent with all other relevant deadlines 
                established by this chapter and the laws of the United 
                States.
                    ``(D) Appeals.--Notwithstanding section 1253 of 
                title 28, United States Code, the final judgment of the 
                panel convened under subparagraph (B) may be reviewed 
                directly by the Supreme Court, by writ of certiorari 
                granted upon petition of any party to the case, on an 
                expedited basis, so that a final order of the court on 
                remand of the Supreme Court may occur on or before the 
                day before the time fixed for the meeting of electors.
            ``(2) Rule of construction.--This subsection--
                    ``(A) shall be construed solely to establish venue 
                and expedited procedures in any action brought by an 
                aggrieved candidate for President or Vice President as 
                specified in this subsection that arises under the 
                Constitution or laws of the United States; and
                    ``(B) shall not be construed to preempt or displace 
                any existing State or Federal cause of action.''.

    (b) Executive of a State.--Section 21 of title 3, United States 
Code, as amended by section 102(b), is amended by striking paragraph (3) 
and inserting the following:

[[Page 136 STAT. 5236]]

            ``(3) <<NOTE: Definition.>> `executive' means, with respect 
        to any State, the Governor of the State (or, in the case of the 
        District of Columbia, the Mayor of the District of Columbia), 
        except when the laws or constitution of a State in effect as of 
        election day expressly require a different State executive to 
        perform the duties identified under this chapter.''.

    (c) Conforming Amendments.--
            (1) Section 9 of title 3, United States Code, is amended by 
        striking ``annex to each of the certificates one of the lists of 
        the electors'' and inserting ``annex to each of the certificates 
        of votes one of the certificates of ascertainment of appointment 
        of electors''.
            (2) The table of contents for chapter 1 of title 3, United 
        States Code, is <<NOTE: 3 USC prec. 1.>> amended by striking the 
        items relating to sections 5 inserting the following:

``5. Certificate of ascertainment of appointment of electors.''.

SEC. 105. DUTIES OF THE ARCHIVIST.

    (a) In General.--Section 6 of title 3, United States Code, is 
amended to read as follows:
``Sec. 6. Duties of Archivist

    ``The certificates of ascertainment of appointment of electors 
received by the Archivist of the United States under section 5 shall--
            ``(1) be preserved for one year;
            ``(2) be a part of the public records of such office; and
            ``(3) be open to public inspection.''.

    (b) Conforming Amendment.--The table of contents for chapter 1 of 
title 3, United States Code, <<NOTE: 3 USC prec. 1.>>  is amended by 
striking the items relating to section 6 and inserting the following:

``6. Duties of Archivist.''.

SEC. 106. MEETING OF ELECTORS.

    (a) Time for Meeting.--Section 7 of title 3, United States Code, is 
amended--
            (1) by striking ``Monday'' and inserting ``Tuesday''; and
            (2) by striking ``as the legislature of such State shall 
        direct'' and inserting ``in accordance with the laws of the 
        State enacted prior to election day''.

    (b) Clarification on Sealing of Certificates of Votes.--Section 10 
of such title is amended by striking ``the certificates so made by 
them'' and inserting ``the certificates of votes so made by them, 
together with the annexed certificates of ascertainment of appointment 
of electors''.
SEC. 107. TRANSMISSION OF CERTIFICATES OF VOTES.

    (a) In General.--Section 11 of title 3, United States Code, is 
amended to read as follows:
``Sec. 11. Transmission of certificates by electors

    ``The electors shall immediately transmit at the same time and by 
the most expeditious method available the certificates of votes so made 
by them, together with the annexed certificates of ascertainment of 
appointment of electors, as follows:
            ``(1) One set shall be sent to the President of the Senate 
        at the seat of government.

[[Page 136 STAT. 5237]]

            ``(2) Two sets shall be sent to the chief election officer 
        of the State, one of which shall be held subject to the order of 
        the President of the Senate, the other to be preserved by such 
        official for one year and shall be a part of the public records 
        of such office and shall be open to public inspection.
            ``(3) Two sets shall be sent to the Archivist of the United 
        States at the seat of government, one of which shall be held 
        subject to the order of the President of the Senate and the 
        other of which shall be preserved by the Archivist of the United 
        States for one year and shall be a part of the public records of 
        such office and shall be open to public inspection.
            ``(4) One set shall be sent to the judge of the district in 
        which the electors shall have assembled.''.

    (b) Conforming Amendment.--The table of contents for chapter 1 of 
title 3, United States Code, is <<NOTE: 3 USC prec. 1.>>  amended by 
striking the item relating to section 11 and inserting the following:

``11. Transmission of certificates by electors.''.

SEC. 108. FAILURE OF CERTIFICATE OF VOTES TO REACH RECIPIENTS.

    (a) In General.--Section 12 of title 3, United States Code, is 
amended--
            (1) by inserting ``, after the meeting of the electors shall 
        have been held,'' after ``When'';
            (2) by striking ``and list'' each place it appears;
            (3) by striking ``in December, after the meeting of the 
        electors shall have been held,'' and inserting ``in December,'';
            (4) by striking ``or, if he be absent'' and inserting ``or, 
        if the President of the Senate be absent'';
            (5) by striking ``secretary of State'' and insert ``chief 
        election officer'';
            (6) by striking ``lodged with him'' and inserting ``lodged 
        with such officer'';
            (7) by striking ``his duty'' and inserting ``the duty of 
        such chief election officer of the State''; and
            (8) by striking ``by registered mail'' and inserting ``by 
        the most expeditious method available''.

    (b) Continued Failure.--Section 13 of title 3, United States Code, 
is amended--
            (1) by inserting ``, after the meeting of the electors shall 
        have been held,'' after ``When'';
            (2) by striking ``in December, after the meeting of the 
        electors shall have been held,'' and inserting ``in December,'';
            (3) by striking ``or, if he be absent'' and inserting ``or, 
        if the President of the Senate be absent''; and
            (4) by striking ``that list'' and inserting ``that 
        certificate''.

    (c) Elimination of Messenger's Penalty.--
            (1) In general.--Title 3, United States Code, is amended by 
        striking section 14.
            (2) Conforming amendment.--The table of contents for chapter 
        1 of title 3, United States Code <<NOTE: 3 USC prec. 1.>> , is 
        amended by striking the item relating to section 14.
SEC. 109. CLARIFICATIONS RELATING TO COUNTING ELECTORAL VOTES.

    (a) In General.--Section 15 of title 3, United States Code, is 
amended to read as follows:

[[Page 136 STAT. 5238]]

``Sec. 15. Counting electoral votes in Congress

    ``(a) In General.--Congress shall be in session on the sixth day of 
January succeeding every meeting of the electors. The Senate and House 
of Representatives shall meet in the Hall of the House of 
Representatives at the hour of 1 o'clock in the afternoon on that day, 
and the President of the Senate shall be their presiding officer.
    ``(b) Powers of the President of Senate.--
            ``(1) Ministerial in nature.--Except as otherwise provided 
        in this chapter, the role of the President of the Senate while 
        presiding over the joint session shall be limited to performing 
        solely ministerial duties.
            ``(2) Powers explicitly denied.--The President of the Senate 
        shall have no power to solely determine, accept, reject, or 
        otherwise adjudicate or resolve disputes over the proper 
        certificate of ascertainment of appointment of electors, the 
        validity of electors, or the votes of electors.

    ``(c) Appointment of Tellers.--At the joint session of the Senate 
and House of Representatives described in subsection (a), there shall be 
present two tellers previously appointed on the part of the Senate and 
two tellers previously appointed on the part of the House of 
Representatives by the presiding officers of the respective chambers.
    ``(d) Procedure at Joint Session Generally.--
            ``(1) In general.--The President of the Senate shall--
                    ``(A) open the certificates and papers purporting to 
                be certificates of the votes of electors appointed 
                pursuant to a certificate of ascertainment of 
                appointment of electors issued pursuant to section 5, in 
                the alphabetical order of the States, beginning with the 
                letter A; and
                    ``(B) upon opening any certificate, hand the 
                certificate and any accompanying papers to the tellers, 
                who shall read the same in the presence and hearing of 
                the two Houses.
            ``(2) Action on certificate.--
                    ``(A) In general.--Upon the reading of each 
                certificate or paper, the President of the Senate shall 
                call for objections, if any.
                    ``(B) Requirements for objections or questions.--
                          ``(i) Objections.--No objection or other 
                      question arising in the matter shall be in order 
                      unless the objection or question--
                                    ``(I) is made in writing;
                                    ``(II) is signed by at least one-
                                fifth of the Senators duly chosen and 
                                sworn and one-fifth of the Members of 
                                the House of Representatives duly chosen 
                                and sworn; and
                                    ``(III) in the case of an objection, 
                                states clearly and concisely, without 
                                argument, one of the grounds listed 
                                under clause (ii).
                          ``(ii) Grounds for objections.--The only 
                      grounds for objections shall be as follows:
                                    ``(I) The electors of the State were 
                                not lawfully certified under a 
                                certificate of ascertainment of 
                                appointment of electors according to 
                                section 5(a)(1).
                                    ``(II) The vote of one or more 
                                electors has not been regularly given.

[[Page 136 STAT. 5239]]

                    ``(C) Consideration of objections and questions.--
                          ``(i) In general.--When all objections so made 
                      to any vote or paper from a State, or other 
                      question arising in the matter, shall have been 
                      received and read, the Senate shall thereupon 
                      withdraw, and such objections and questions shall 
                      be submitted to the Senate for its decision; and 
                      the Speaker of the House of Representatives shall, 
                      in like manner, submit such objections and 
                      questions to the House of Representatives for its 
                      decision.
                          ``(ii) Determination.--No objection or any 
                      other question arising in the matter may be 
                      sustained unless such objection or question is 
                      sustained by separate concurring votes of each 
                      House.
                    ``(D) Reconvening.--When the two Houses have voted, 
                they shall immediately again meet, and the presiding 
                officer shall then announce the decision of the 
                questions submitted. No vote or paper from any other 
                State shall be acted upon until the objections 
                previously made to any vote or paper from any State, and 
                other questions arising in the matter, shall have been 
                finally disposed of.

    ``(e) Rules for Tabulating Votes.--
            ``(1) Counting of votes.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B)--
                          ``(i) only the votes of electors who have been 
                      appointed under a certificate of ascertainment of 
                      appointment of electors issued pursuant to section 
                      5, or who have legally been appointed to fill a 
                      vacancy of any such elector pursuant to section 4, 
                      may be counted; and
                          ``(ii) no vote of an elector described in 
                      clause (i) which has been regularly given shall be 
                      rejected.
                    ``(B) Exception.--The vote of an elector who has 
                been appointed under a certificate of ascertainment of 
                appointment of electors issued pursuant to section 5 
                shall not be counted if--
                          ``(i) there is an objection which meets the 
                      requirements of subsection (d)(2)(B)(i); and
                          ``(ii) each House affirmatively sustains the 
                      objection as valid.
            ``(2) Determination of majority.--If the number of electors 
        lawfully appointed by any State pursuant to a certificate of 
        ascertainment of appointment of electors that is issued under 
        section 5 is fewer than the number of electors to which the 
        State is entitled under section 3, or if an objection the 
        grounds for which are described in subsection (d)(2)(B)(ii)(I) 
        has been sustained, the total number of electors appointed for 
        the purpose of determining a majority of the whole number of 
        electors appointed as required by the Twelfth Amendment to the 
        Constitution shall be reduced by the number of electors whom the 
        State has failed to appoint or as to whom the objection was 
        sustained.
            ``(3) List of votes by tellers; declaration of winner.--The 
        tellers shall make a list of the votes as they shall appear from 
        the said certificates; and the votes having been ascertained and 
        counted according to the rules in this subchapter provided,

[[Page 136 STAT. 5240]]

        the result of the same shall be delivered to the President of 
        the Senate, who shall thereupon announce the state of the vote, 
        which announcement shall be deemed a sufficient declaration of 
        the persons, if any, elected President and Vice President of the 
        United States, and, together with a list of the votes, be 
        entered on the Journals of the two Houses.''.

    (b) Conforming Amendment.--The table of contents for chapter 1 of 
title 3, United States Code, <<NOTE: 3 USC prec. 1.>> is amended by 
striking the item relating to section 15 and inserting the following:

``15. Counting electoral votes in Congress.''.

SEC. 110. RULES RELATING TO JOINT SESSION.

    (a) Limit of Debate in Each House.--Section 17 of title 3, United 
States Code, is amended to read as follows:
``Sec. 17. Same; limit of debate in each House

    ``When the two Houses separate to decide upon an objection pursuant 
to section 15(d)(2)(C)(i) that may have been made to the counting of any 
electoral vote or votes from any State, or other question arising in the 
matter--
            ``(1) all such objections and questions permitted with 
        respect to such State shall be considered at such time;
            ``(2) each Senator and Representative may speak to such 
        objections or questions for up to five minutes, and not more 
        than once;
            ``(3) the total time for debate for all such objections and 
        questions with respect to such State shall not exceed two hours 
        in each House, equally divided and controlled by the Majority 
        Leader and Minority Leader, or their respective designees; and
            ``(4) at the close of such debate, it shall be the duty of 
        the presiding officer of each House to put each of the 
        objections and questions to a vote without further debate.''.

    (b) Parliamentary Procedure.--Section 18 of title 3, United States 
Code, is amended by inserting ``under section 15(d)(2)(C)(i)'' after 
``motion to withdraw''.
    (c) Conforming Amendments.--
            (1) Sections 16 of title 3, United States Code, is amended 
        by striking ``meeting'' each place it appears in the text and in 
        the heading and inserting ``session''.
            (2) Sections 18 of title 3, United States Code, is amended 
        by striking ``meeting'' each place it appears in the text and in 
        the heading and inserting ``session''.
            (3) The table of contents for chapter 1 of title 3, United 
        States Code, <<NOTE: 3 USC prec. 1.>> is amended--
                    (A) by striking ``meeting'' in the item relating to 
                section 16 and inserting ``session''; and
                    (B) by striking ``meeting'' in the item relating to 
                section 18 and inserting ``session''.
SEC. 111. SEVERABILITY.

    (a) In General.--Title 3, United States Code, is amended by 
inserting after section 21 the following new section:
``Sec. 22. <<NOTE: 3 USC 22.>>  Severability
            ``If any provision of this chapter, or the application of a 
        provision to any person or circumstance, is held to be

[[Page 136 STAT. 5241]]

        unconstitutional, the remainder of this chapter, and the 
        application of the provisions to any person or circumstance, 
        shall not be affected by the holding.''.

    (b) Conforming Amendment.--The table of contents for chapter 1 of 
title 3, United States Code, <<NOTE: 3 USC prec. 1.>> is amended by 
adding at the end the following:

``22. Severability.''.

     TITLE II <<NOTE: Presidential Transition Improvement Act.>> --
PRESIDENTIAL TRANSITION IMPROVEMENT ACT
SEC. 201. <<NOTE: 3 USC 1 note.>>  SHORT TITLE.

    This title may be cited as the ``Presidential Transition Improvement 
Act''.
SEC. 202. MODIFICATIONS TO PRESIDENTIAL TRANSITION ACT OF 1963.

    (a) In General.--Section 3 of the Presidential Transition Act of 
1963 (3 U.S.C. 102 note) is amended by striking subsection (c) and 
inserting the following:
    ``(c)(1) Apparent Successful Candidates.--
            ``(A) <<NOTE: Determinations.>> In general.--For purposes of 
        this Act, the `apparent successful candidate' for the office of 
        President and Vice President, respectively, shall be determined 
        as follows:
                    ``(i) If all but one eligible candidate for the 
                office of President and one eligible candidate for the 
                office of Vice President, respectively, concede the 
                election, then the candidate for each such office who 
                has not conceded shall be the apparent successful 
                candidate for each such office.
                    ``(ii) <<NOTE: Effective date.>> If, on the date 
                that is 5 days after the date of the election, more than 
                one eligible candidate for the office of President has 
                not conceded the election, then each of the remaining 
                eligible candidates for such office and the office of 
                Vice President who have not conceded shall be treated as 
                the apparent successful candidates until such time as a 
                single candidate for the office of President is treated 
                as the apparent successful candidate pursuant to clause 
                (iii) or clause (iv).
                    ``(iii) If a single candidate for the office of 
                President or Vice President is determined by the 
                Administrator to meet the qualifications under 
                subparagraph (B), the Administrator may determine that 
                such candidate shall solely be treated as the apparent 
                successful candidate for that office until such time as 
                a single candidate for the office of President is 
                treated as the apparent successful candidate pursuant to 
                clause (iv).
                    ``(iv) If a single candidate for the office of 
                President or Vice President is the apparent successful 
                candidate for such office under subparagraph (C), that 
                candidate shall solely be treated as the apparent 
                successful candidate for that office.
            ``(B) <<NOTE: Effective date. Determination.>>  Interim 
        discretionary qualifications.--On or after the date that is 5 
        days after the date of the election, the Administrator may 
        determine that a single candidate for the office of President or 
        Vice President shall be treated as the sole apparent successful 
        candidate for that office pursuant to subparagraph (A)(iii) if 
        it is substantially certain the candidate

[[Page 136 STAT. 5242]]

        will receive a majority of the pledged votes of electors, based 
        on consideration of the following factors:
                    ``(i) The results of the election for such office in 
                States in which significant legal challenges that could 
                alter the outcome of the election in the State have been 
                substantially resolved, such that the outcome is 
                substantially certain.
                    ``(ii) The certified results of the election for 
                such office in States in which the certification is 
                complete.
                    ``(iii) The results of the election for such office 
                in States in which there is substantial certainty of an 
                apparent successful candidate based on the totality of 
                the circumstances.
            ``(C) Mandatory qualifications.--
                    ``(i) In general.--Notwithstanding subparagraph (A) 
                or (B), a candidate shall be the sole apparent 
                successful candidate for the office of President or Vice 
                President pursuant to subparagraph (A)(iv) for purposes 
                of this Act if--
                          ``(I) the candidate receives a majority of 
                      pledged votes of electors of such office based on 
                      certifications by States of their final canvass, 
                      and the conclusion of any recounts, legal actions, 
                      or administrative actions pertaining to the 
                      results of the election for such office;
                          ``(II) in the case where subclause (I) is not 
                      met, the candidate receives a majority of votes of 
                      electors of such office at the meeting and vote of 
                      electors under section 7 of title 3, United States 
                      Code; or
                          ``(III) in the case where neither subclause 
                      (I) or (II) is met, the candidate is declared as 
                      the person elected to such office at the joint 
                      session of Congress under section 15 of title 3, 
                      United States Code.
                    ``(ii) Clarification if state unable to certify 
                election results or appoints more than one slate of 
                electors.--For purposes of subclauses (I) and (II) of 
                clause (i), if a State is unable to certify its election 
                results or a State appoints more than one slate of 
                electors, the votes of the electors of such State shall 
                not count towards meeting the qualifications under such 
                subclauses.

    ``(2) Period of Multiple Possible Apparent Successful Candidates.--
During any period in which there is more than one possible apparent 
successful candidate for the office of President--
            ``(A) the Administrator is authorized to provide, upon 
        request, to each remaining eligible candidate for such office 
        and the office of Vice President described in paragraph 
        (1)(A)(ii) access to services and facilities pursuant to this 
        Act;
            ``(B) the Administrator, in conjunction with the Federal 
        Transition Coordinator designated under section 4(c) and the 
        senior career employee of each agency and senior career employee 
        of each major component and subcomponent of each agency 
        designated under subsection (f)(1) to oversee and implement the 
        activities of the agency, component, or subcomponent relating to 
        the Presidential transition, shall make efforts to ensure that 
        each such candidate is provided equal access to agency 
        information and spaces as requested pursuant to this Act;
            ``(C) <<NOTE: Reports. Summary.>>  the Administrator shall 
        provide weekly reports to Congress containing a brief summary of 
        the status of funds being

[[Page 136 STAT. 5243]]

        distributed to such candidates under this Act, the level of 
        access to agency information and spaces provided to such 
        candidates, and the status of such candidates with respect to 
        meeting the qualifications to be the apparent successful 
        candidate for the office of President or Vice President under 
        subparagraph (B) or (C) of paragraph (1); and
            ``(D) <<NOTE: Deadline. Public information.>>  if a single 
        candidate for the office of President or Vice President is 
        treated as the apparent successful candidate for such office 
        pursuant to subparagraph (A)(iii) or (A)(iv) of paragraph (1), 
        not later than 24 hours after such treatment is effective, the 
        Administrator shall make available to the public a written 
        statement that such candidate is treated as the sole apparent 
        successful candidate for such office for purposes of this Act, 
        including a description of the legal basis and reasons for such 
        treatment based on the qualifications under subparagraph (B) or 
        (C) of paragraph (1), as applicable.

    ``(3) Definition.--In this subsection, the term `eligible candidate' 
has the meaning given that term in subsection (h)(4).''.
    (b) Conforming Amendments.--The Presidential Transition Act of 1963 
(3 U.S.C. 102 note) is amended--
            (1) in section 3--
                    (A) in the heading, by striking ``presidents-elect 
                and vice-presidents-elect'' and inserting ``apparent 
                successful candidates'';
                    (B) in subsection (a)--
                          (i) in the matter preceding paragraph (1)--
                                    (I) by striking ``each President-
                                elect, each Vice-President-elect'' and 
                                inserting ``each apparent successful 
                                candidate for the office of President 
                                and Vice President (as determined by 
                                subsection (c))''; and
                                    (II) by striking ``the President-
                                elect and Vice-President-elect'' and 
                                inserting ``each such candidate'';
                          (ii) in paragraph (1)--
                                    (I) by striking ``the President-
                                elect, the Vice-President-elect'' and 
                                inserting ``the apparent successful 
                                candidate''; and
                                    (II) by striking ``the President-
                                elect or Vice-President-elect'' and 
                                inserting ``the apparent successful 
                                candidate'';
                          (iii) in paragraphs (2), (3), (4), and (5), by 
                      striking ``the President-elect or Vice-President-
                      elect'' each place it appears and inserting ``the 
                      apparent successful candidate'';
                          (iv) in paragraph (4)(B), by striking ``the 
                      President-elect, the Vice-President-elect, or the 
                      designee of the President-elect or Vice-President-
                      elect'' and inserting ``the apparent successful 
                      candidate or their designee'';
                          (v) in paragraph (8), in subparagraph (A)(v) 
                      and (B), by striking ``the President-elect'' and 
                      inserting ``the apparent successful candidate for 
                      the office of President''; and
                          (vi) in paragraph (10)--
                                    (I) by striking ``any President-
                                elect, Vice-President-elect, or eligible 
                                candidate'' and inserting ``any

[[Page 136 STAT. 5244]]

                                apparent successful candidate or 
                                eligible candidate''; and
                                    (II) by striking ``the President-
                                elect and Vice President-elect'' and 
                                inserting ``the apparent successful 
                                candidates'';
                    (C) in subsection (b)--
                          (i) in paragraph (1), by striking ``the 
                      President-elect or Vice-President-elect, or after 
                      the inauguration of the President-elect as 
                      President and the inauguration of the Vice-
                      President-elect as Vice President'' and inserting 
                      ``the apparent successful candidates, or after the 
                      inauguration of the apparent successful candidate 
                      for the office of President as President and the 
                      inauguration of the apparent successful candidate 
                      for the office of Vice President as Vice 
                      President''; and
                          (ii) in paragraph (2), by striking ``the 
                      President-elect, Vice-President-elect'' and 
                      inserting ``the apparent successful candidate'';
                    (D) in subsection (d)--
                          (i) in the first sentence, by striking ``Each 
                      President-elect'' and inserting ``Each apparent 
                      successful candidate for the office of 
                      President''; and
                          (ii) in the second sentence, by striking 
                      ``Each Vice-President-elect'' and inserting ``Each 
                      apparent successful candidate for the office of 
                      Vice-President'';
                    (E) in subsection (e)--
                          (i) in the first sentence, by striking ``Each 
                      President-elect and Vice-President-elect'' and 
                      inserting ``Each apparent successful candidate''; 
                      and
                          (ii) in the second sentence, by striking ``any 
                      President-elect or Vice-President-elect may be 
                      made upon the basis of a certificate by him or the 
                      assistant designated by him'' and inserting ``any 
                      apparent successful candidate may be made upon the 
                      basis of a certificate by the candidate or their 
                      designee'';
                    (F) in subsection (f)--
                          (i) in paragraph (1), by striking ``The 
                      President-elect'' and inserting ``Any apparent 
                      successful candidate for the office of 
                      President''; and
                          (ii) in paragraph (2), by striking 
                      ``inauguration of the President-elect as President 
                      and the inauguration of the Vice-President-elect 
                      as Vice President'' and inserting ``inauguration 
                      of the apparent successful candidate for the 
                      office of President as President and the 
                      inauguration of the apparent successful candidate 
                      for the office of Vice President as Vice 
                      President'';
                    (G) in subsection (g), by striking ``In the case 
                where the President-elect is the incumbent President or 
                in the case where the Vice-President-elect is the 
                incumbent Vice President'' and inserting ``In the case 
                where an apparent successful candidate for the office of 
                President is the incumbent President or in the case 
                where an apparent successful candidate for the office of 
                Vice President is the incumbent Vice President'';
                    (H) in subsection (h)--

[[Page 136 STAT. 5245]]

                          (i) in paragraph (2)(B)(iv), by striking ``the 
                      President-elect or Vice-President-elect'' and 
                      inserting ``an apparent successful candidate''; 
                      and
                          (ii) in paragraph (3)(B)(iii), by striking 
                      ``the President-elect or Vice-President-elect'' 
                      and inserting ``an apparent successful 
                      candidate''; and
                    (I) in subsection (i)(3)(C)--
                          (i) in clause (i), by striking ``the 
                      inauguration of the President-elect as President 
                      and the inauguration of the Vice-President-elect 
                      as Vice President'' and inserting ``the 
                      inauguration of the apparent successful candidate 
                      for the office of President as President and the 
                      inauguration of the apparent successful candidate 
                      for the office of Vice President as Vice 
                      President''; and
                          (ii) in clause (ii), by striking ``upon 
                      request of the President-elect or the Vice-
                      President-elect'' and inserting ``upon request of 
                      the apparent successful candidate'';
            (2) in section 4--
                    (A) in subsection (e)--
                          (i) in paragraph (1)(B), by striking ``the 
                      President-elect and Vice-President-elect'' and 
                      inserting ``the apparent successful candidates (as 
                      determined by section 3(c))''; and
                          (ii) in paragraph (4)(B), by striking ``the 
                      President-elect is inaugurated'' and inserting 
                      ``the apparent successful candidate for the office 
                      of President is inaugurated''; and
                    (B) in subsection (g)--
                          (i) in paragraph (3)(A), by striking ``the 
                      President-elect'' and inserting ``the apparent 
                      successful candidate for the office of 
                      President''; and
                          (ii) in paragraph (3)(B)(ii)(III), by striking 
                      ``the President-elect'' and inserting ``the 
                      apparent successful candidate for the office of 
                      President'';
            (3) in section 5, in the first sentence, by striking 
        ``Presidents-elect and Vice-Presidents-elect'' and inserting 
        ``apparent successful candidates (as determined by section 
        3(c))'';
            (4) in section 6--
                    (A) in subsection (a)--
                          (i) in paragraph (1)--
                                    (I) by striking ``The President-
                                elect and Vice-President-elect'' and 
                                inserting ``Each apparent successful 
                                candidate (as determined by section 
                                3(c))''; and
                                    (II) by striking ``the President-
                                elect or Vice-President-elect'' and 
                                inserting ``the apparent successful 
                                candidate'';
                          (ii) in paragraph (2), by striking ``The 
                      President-elect and Vice-President-elect'' and 
                      inserting ``Each apparent successful candidate''; 
                      and
                          (iii) in paragraph (3)(A), by striking 
                      ``inauguration of the President-elect as President 
                      and the Vice-President-elect as Vice President'' 
                      and inserting ``inauguration of the apparent 
                      successful candidate for the office of President 
                      as President and the apparent successful

[[Page 136 STAT. 5246]]

                      candidate for the office of Vice-President as Vice 
                      President'';
                    (B) in subsection (b)(1)--
                          (i) in the matter preceding subparagraph (A), 
                      by striking ``The President-elect and Vice-
                      President-elect'' and inserting ``Each apparent 
                      successful candidate''; and
                          (ii) in subparagraph (A), by striking ``the 
                      President-elect or Vice-President-elect's'' and 
                      inserting ``the apparent successful candidate's''; 
                      and
                    (C) in subsection (c), by striking ``The President-
                elect and Vice-President-elect'' and inserting ``Each 
                apparent successful candidate''; and
            (5) in section 7(a)(1), by striking ``the President-elect 
        and Vice President-elect'' and inserting ``the apparent 
        successful candidates''.

                  DIVISION Q--AVIATION RELATED MATTERS

SEC. 101. <<NOTE: 49 USC 40101 note.>>  ADVANCED AIR MOBILITY 
                        INFRASTRUCTURE PILOT PROGRAM.

    (a) <<NOTE: Deadline. Grants.>> Establishment.--Not later than 180 
days after the date of enactment of this section, the Secretary shall 
establish a pilot program to provide grants that assist an eligible 
entity to plan for the development and deployment of infrastructure 
necessary to facilitate AAM operations, locally and regionally, within 
the United States.

    (b) Planning Grants.--
            (1) In general.--The Secretary shall provide grants to 
        eligible entities to develop comprehensive plans under paragraph 
        (2) related to AAM infrastructure.
            (2) Comprehensive plan.--
                    (A) <<NOTE: Deadline. Public information. Web 
                posting.>> In general.--Not later than 1 year after 
                receiving a grant under this subsection, an eligible 
                entity shall submit to the Secretary a comprehensive 
                plan, including the development of potential public use 
                or private-owned vertiport infrastructure, in a format 
                capable of being published on the website of the 
                Department of Transportation.
                    (B) Plan contents.--The Secretary shall establish 
                content requirements for comprehensive plans submitted 
                under this subsection, which shall include as many of 
                the following as possible:
                          (i) The identification of planned or potential 
                      public use and private-owned vertiport locations.
                          (ii) A description of infrastructure necessary 
                      to support AAM operations.
                          (iii) A description of types of planned or 
                      potential AAM operations and a forecast for 
                      proposed vertiport operations, including estimates 
                      for initial operations and future growth.
                          (iv) The identification of physical and 
                      digital infrastructure required to meet any 
                      standards for vertiport design and performance 
                      characteristics established by the Federal 
                      Aviation Administration (as in effect on the date 
                      on which the Secretary issues a grant to

[[Page 136 STAT. 5247]]

                      an eligible entity), including modifications to 
                      existing infrastructure and ground sensors, 
                      electric charging or other fueling requirements, 
                      electric utility requirements, wireless and 
                      cybersecurity requirements, fire safety, perimeter 
                      security, and other necessary hardware or 
                      software.
                          (v) A description of any hazard associated 
                      with planned or potential vertiport 
                      infrastructure, such as handling of hazardous 
                      materials, batteries, or other fuel cells, 
                      charging or fueling of aircraft, aircraft rescue 
                      and firefighting response, and emergency planning.
                          (vi) A description of potential environmental 
                      effects of planned or potential construction or 
                      siting of vertiports, including efforts to reduce 
                      potential aviation noise.
                          (vii) A description of how planned or 
                      potential vertiport locations, including new or 
                      repurposed infrastructure, fit into State and 
                      local transportation systems and networks, 
                      including--
                                    (I) connectivity to existing public 
                                transportation hubs and intermodal and 
                                multimodal facilities for AAM 
                                operations;
                                    (II) opportunities to create new 
                                service to rural areas and areas 
                                underserved by air transportation; or
                                    (III) any potential conflict with 
                                existing aviation infrastructure that 
                                may arise from the planned or potential 
                                location of the vertiport.
                          (viii) A description of how vertiport planning 
                      will be incorporated in State or metropolitan 
                      planning documents.
                          (ix) The identification of the process an 
                      eligible entity will undertake to ensure an 
                      adequate level of engagement with any potentially 
                      impacted community for each planned or potential 
                      vertiport location and planned or potential AAM 
                      operations, such as engagement with communities in 
                      rural areas, underserved communities, Tribal 
                      communities, individuals with disabilities, or 
                      racial and ethnic minorities to address equity of 
                      access.
                          (x) The identification of State, local, or 
                      private sources of funding an eligible entity may 
                      use to assist with the construction or operation 
                      of a vertiport.
                          (xi) The identification of existing Federal 
                      aeronautical and airspace requirements that must 
                      be met for the eligible entity's planned or 
                      potential vertiport location.
                          (xii) The identification of the actions 
                      necessary for an eligible entity to undertake the 
                      construction of a vertiport, such as planning 
                      studies to assess existing infrastructure, 
                      environmental studies, studies of projected 
                      economic benefit to the community, lease or 
                      acquisition of an easement or land for new 
                      infrastructure, and activities related to other 
                      capital costs.
            (3) Application.--To apply for a grant under this 
        subsection, an eligible entity shall provide to the Secretary an

[[Page 136 STAT. 5248]]

        application in such form, at such time, and containing such 
        information as the Secretary may require.
            (4) Selection.--
                    (A) In general.--In awarding grants under this 
                subsection, the Secretary shall consider the following:
                          (i) Geographic diversity.
                          (ii) Diversity of the proposed models of 
                      infrastructure financing and management.
                          (iii) Diversity of proposed or planned AAM 
                      operations.
                          (iv) The need for comprehensive plans that--
                                    (I) ensure the safe and efficient 
                                integration of AAM operations into the 
                                National Airspace System;
                                    (II) improve transportation safety, 
                                connectivity, access, and equity in both 
                                rural and urban regions in the United 
                                States;
                                    (III) leverage existing public 
                                transportation systems and intermodal 
                                and multimodal facilities;
                                    (IV) reduce surface congestion and 
                                the environmental impacts of 
                                transportation;
                                    (V) grow the economy and create jobs 
                                in the United States; and
                                    (VI) encourage community engagement 
                                when planning for AAM-related 
                                infrastructure.
                    (B) Priority.--The Secretary shall prioritize 
                awarding grants under this subsection to eligible 
                entities that collaborate with commercial AAM entities, 
                institutions of higher education, research institutions, 
                or other relevant stakeholders to develop and prepare a 
                comprehensive plan.
                    (C) Minimum allocation to rural areas.--The 
                Secretary shall ensure that not less than 20 percent of 
                the amounts made available under subsection (c) are used 
                to award grants to eligible entities that submit a 
                comprehensive plan under paragraph (2) that is related 
                to infrastructure located in a rural area.
            (5) Grant amount.--Each grant made under this subsection 
        shall be made in an amount that is not more than $1,000,000.
            (6) Briefing.--
                    (A) <<NOTE: Deadlines. Termination date.>>  In 
                general.--Not later than 180 days after the first 
                comprehensive plan is submitted under paragraph (2), and 
                every 180 days thereafter through September 30, 2025, 
                the Secretary shall provide a briefing to the 
                appropriate committees of Congress on the comprehensive 
                plans submitted to the Secretary under such paragraph.
                    (B) Contents.--The briefing required under 
                subparagraph (A) shall include--
                          (i) <<NOTE: Evaluation.>>  an evaluation of 
                      all planned or potential vertiport locations 
                      included in the comprehensive plans submitted 
                      under paragraph (2) and how such planned or 
                      potential vertiport locations may fit into the 
                      overall United States transportation system and 
                      network; and
                          (ii) a description of lessons or best 
                      practices learned through the review of 
                      comprehensive plans and how the Secretary will 
                      incorporate any such lessons or best practices 
                      into Federal standards or guidance for the

[[Page 136 STAT. 5249]]

                      design and operation of AAM infrastructure and 
                      facilities.

    (c) Authorization of Appropriations.--
            (1) <<NOTE: Time periods.>> Authorization.--There are 
        authorized to be appropriated to the Secretary to carry out this 
        section $12,500,000 for each of fiscal years 2023 and 2024, to 
        remain available until expended.
            (2) Administrative expenses.--Of the amounts made available 
        under paragraph (1), the Secretary may retain up to 1 percent 
        for personnel, contracting, and other costs to establish and 
        administer the pilot program under this section.

    (d) Termination.--
            (1) In general.--No grant may be awarded under this section 
        after September 30, 2024.
            (2) Continued funding.--Funds authorized to be appropriated 
        pursuant to subsection (c) may be expended after September 30, 
        2024--
                    (A) for grants awarded prior to September 30, 2024; 
                and
                    (B) for administrative expenses.

    (e) Definitions.--In this section:
            (1) Advanced air mobility; aam.--The terms ``advanced air 
        mobility'' and ``AAM'' have the meaning given such terms in 
        section 2(i) of the Advanced Air Mobility Coordination and 
        Leadership Act (49 U.S.C. 40101 note).
            (2) Appropriate committees of congress.--The term 
        ``appropriate committees of Congress'' means the Committee on 
        Transportation and Infrastructure of the House of 
        Representatives and the Committee on Commerce, Science, and 
        Transportation of the Senate.
            (3) Commercial aam entities.--The term ``commercial AAM 
        entities'' means--
                    (A) manufacturers of aircraft, avionics, propulsion 
                systems, and air traffic management systems related to 
                AAM;
                    (B) intended commercial operators of AAM aircraft 
                and systems; and
                    (C) intended commercial operators and developers of 
                vertiports.
            (4) Eligible entity.--The term ``eligible entity'' means--
                    (A) a State, local, or Tribal government, including 
                a political subdivision thereof;
                    (B) an airport sponsor;
                    (C) a transit agency;
                    (D) a port authority;
                    (E) a metropolitan planning organization; or
                    (F) any combination or consortium of the entities 
                described in subparagraphs (A) through (E).
            (5) Metropolitan planning organization.--The term 
        ``metropolitan planning organization'' has the meaning given 
        such term in section 5303(b) of title 49, United States Code.
            (6) Rural area.--The term ``rural area'' means an area 
        located outside a metropolitan statistical area (as designated 
        by the Office of Management and Budget).
            (7) Secretary.--The term ``Secretary'' means the Secretary 
        of Transportation.

[[Page 136 STAT. 5250]]

            (8) State.--The term ``State'' means a State of the United 
        States, the District of Columbia, Puerto Rico, the Virgin 
        Islands, American Samoa, the Northern Mariana Islands, and Guam.
            (9) Vertiport.--The term ``vertiport'' means a designated 
        location used or intended to be used to support AAM operations, 
        including the landing, take-off, loading, taxiing, parking, and 
        storage of aircraft developed for AAM operations.
            (10) Vertical take-off and landing aircraft.--The term 
        ``vertical take-off and landing aircraft'' has the meaning given 
        such term in section 2(i) of the Advanced Air Mobility 
        Coordination and Leadership Act (49 U.S.C. 40101 note).

    (f) Rule of Construction.--Nothing in this section may be construed 
as conferring upon any person, State, local, or Tribal government the 
authority to determine the safety of any AAM operation or the 
feasibility of simultaneous operations by AAM and conventional aircraft 
within any given area of the national airspace system.
SEC. 102. <<NOTE: Samya Rose Stumo National Air Grant Fellowship 
                        Program Act of 2022.>>  SAMYA ROSE STUMO 
                        NATIONAL AIR GRANT FELLOWSHIP PROGRAM.

    (a) <<NOTE: 49 USC 40101 note.>> Short Title.--This section may be 
cited as the ``Samya Rose Stumo National Air Grant Fellowship Program 
Act of 2022''.

    (b) Designation.--
            (1) In general.--Section 131 of division V of the 
        Consolidated Appropriations Act of 2021 (49 U.S.C. 40101 note) 
        is amended--
                    (A) in the section heading, by inserting ``samya 
                rose stumo'' before ``national air grant fellowship 
                program'';
                    (B) in the paragraph heading of subsection (a)(4), 
                by inserting ``Samya rose stumo'' before ``National air 
                grant fellowship program''; and
                    (C) by inserting ``Samya Rose Stumo'' before 
                ``National Air Grant Fellowship Program'' each place it 
                appears.
            (2) Clerical amendment.--Section 101(b) of division V of the 
        Consolidated Appropriations Act of 2021 (Public Law 116-260) is 
        amended by striking the item relating to section 131 and by 
        inserting the following:

``Sec. 131. Samya Rose Stumo National Air Grant Fellowship Program.''.

    (c) <<NOTE: 49 USC 40101 note.>> References.--On and after the date 
of enactment of this section, any reference in a law, regulation, 
document, paper, or other record of the United States to the ``National 
Air Grant Fellowship Program'' shall be deemed to be a reference to the 
``Samya Rose Stumo National Air Grant Fellowship Program''.

    (d) Sense of Congress.--It is the sense of Congress that--
            (1) the lives of 189 passengers and crew, who died in the 
        Lion Air Flight 610 crash on October 29, 2018, are commemorated 
        and recognized, including, but not limited to, Captain Bhavye 
        Suneja, First Officer Harvino, Permadi Anggrimulja, Liu Chandra, 
        Chairul Aswan, Resti Amelia, Reni Ariyanti, Daniel Suhardja 
        Wijaya, Mardiman, Dadang, Diah Damayanti, Dolar, Dony, Dwinanto, 
        Eryant, Cici Ariska, Fendi Christanto, Dr. Ibnu Fajariyadi 
        Hantoro, Inayah Fatwa Kurnia Dewi, Hendra, Hesti Nuraini, Henry 
        Heuw, Khotijah, Jannatun Cintya Dewi, Ammad Mughni, Sudibyo 
        Onggowardoyo, Shintia Melina, Citra Novita Anggelia Putri, 
        Alviani Hidayatul Solikha, Damayanti Simarmata, Mery Yulyanda, 
        Putri Yuniarsi, Putty

[[Page 136 STAT. 5251]]

        Fatikah Rani, Tan Toni, Tami Julian, Moedjiono, Deny Maula, 
        Michelle Vergina Bonkal, Mathew Darryl Bongkal, Adonia Magdiel 
        Bonkal, Fiona Ayu Zen S, Agil Nugroho Septian, Wahyu Alldilla, 
        Xherdan Fachredzi, Deryl Fida Febrianto, Bambang Rosali Usman, 
        Nikki Bagus Santoso, Andrea Manfredi, Muhammad Luthfi 
        Nurrandhani, Shandy Johan Ramadhan, Muchtar Rasyid, Rebiyanti, 
        Eka Suganda, Yulia Silvianti, Syahrudin, Sekar Maulana, Fais 
        Saleh Harharah, Natalia Setiawan, Alfiani Hidayatul Solikah, 
        Robert Susanto, Rudolf Petrus Sayers, Muhammad Syafi, Sian Sian, 
        Arif Yustian, Vicky Ardian, Wanto, and Verian Utama;
            (2) the life of Samya Rose Stumo and the lives of 156 
        passengers and crew who died in the Ethiopian Airlines Flight 
        302 crash on March 10, 2019, are commemorated and recognized, 
        including, but not limited to, Abdishakur Shahad, Abdullahi 
        Mohammed, Adam Kornaski, Adam Mbicha, Professor Agnes W. 
        Gathumbi, Ahmednur Mohammed Omar, Alexandra Wachtmeister, Ama 
        Tesfamariam, Ambassador Abiodun Oluremi Bashua, Ameen Ismail 
        Noormohamed, Amina Ibrahim Odawaa, Amos Namanya, Angela Rehhorn, 
        Ann Wangui Karanja, Anne Mogoi Birundu, Anne (last name 
        unknown), Anne-Katrin Feigl, Anushka Dixit, Ashka Dixit, Kosha 
        Vaidya, Prerit Dixit, Bennett Riffel, Benson Maina Gathu, 
        Bernard Musembi Mutua, Captain Yared Getachew, Carolyne Karanja, 
        Ryan Njuguna, Kerri Pauls, Rubi Pauls, Cedric Asiavugwa, 
        Chunming Jack Wang, Cosmas Kipngetich Rogony, CP Christine 
        Alalo, Danielle Moore, Darcy Belanger, Dawn Tanner, Djordje 
        Vdovic, Doaa Atef Abdel Salam, Dr. Ben Ahmed Chihab, Dr. Manisha 
        Nukavarapu, Ekta Adhikari, Elsabet Menwyelet, Father George 
        Mukua, First Officer Ahmednur Mohammed, Ayantu Girma, Sara Gebre 
        Michael, Carlo Spini, Gabriella Viciani, George Kabau, George 
        Kabugi, George Kamau Thugge, Getnet Alemayehu, GaoShuang, 
        Ghislaine De Claremont, Harina Hafitz, Siraje Hussein Abdi, 
        Hussein Swaleh, Isaac Mwangi, Isabella Beryl Achieng Jaboma, 
        Jackson Musoni, Jared Babu Mwazo, Mercy Ngami Ndivo, Jessica 
        Hyba, Joanna Toole, Jonathan Seex, Jordi Dalmau Sayol, Josefin 
        Ekermann, Joseph Kuria Waithaka, Julia Mwashi, Karim Saafi, 
        Karoline Aadland, Kodjo Glato, Marcelino Rassul Tayob, Marie 
        Philipp, Maria Pilar Buzzetti, Matthew Vecere, Max Thabiso 
        Edkins, Mel Riffel, Micah John Messent, Michael Ryan, Meraf 
        Yirgalem Areda, Juliet Otieno, Mulugeta Asfaw Shenkut, Mulusew 
        Alemu, Mwazo, Nadia Adam Abaker Ali, Oliver Vick, Paolo Dieci, 
        Peter DeMarsh, Professor Adesanmi, Saad Khalaf Al-Mutairi, Sam 
        Pegram, Sara Chalachew, Sarah Auffret, Sebastiano Tusa, Shikha 
        Garg, Sintayehu Aymeku, Sintayehu Shafi Balaker, Sofia Faisal 
        Abdulkadir, Stephanie Lacroix, Stella Mbicha Konarska, Tamirat 
        Mulu Demessie, Anthony Wanjohi Ngare, United States Army Captain 
        Antoine Lewis, Vaibhav Lahoti, Victor Tsang, Virginia Chimenit, 
        WangHeo, Xavier Fricaudet, Yekaterina Polyakova, Alexander 
        Polyako, Zhen Zhen Huang, ZhouYuan, Pannagesh Vaidya, Hansini 
        Vaidya, Joseph Waithaka, Blanka Hrnko, Martin Hrnko, Michala 
        Hrnko, Sergei Vyalikov, Suzan Mohamed Abu-Farag, Nasser Fatehy 
        Al-Azab Douban, Asraf Mohamed Abdel Halim Al-Turkim, Abdel-Hamid 
        Farrag Mohamed Magly, Essmat Abdel-Sattar Taha Aransa, Jin 
        Yetao, Derick Lwugi, Reverend

[[Page 136 STAT. 5252]]

        Sister Florence Wangari Yongi, Melvin Riffel, Mwazo Mercy Ngami, 
        Reverend Norman Tendis, and Pius Adesanmi;
            (3) the life of Indonesian diver Syachrul Anto, who died 
        during search and rescue recovery operations in the aftermath of 
        the Lion Air Flight 610 crash, is commemorated and recognized; 
        and
            (4) the Senate and the House of Representatives express 
        their condolences to the families, friends, and loved ones of 
        those who died on Lion Air Flight 610 and Ethiopian Airlines 
        Flight 302 and commend their ongoing advocacy to advance 
        aviation safety for the flying public at large.
SEC. 103. TEMPORARY INSURANCE FOR AIR CARRIERS FOR CERTAIN 
                        TERMINATED COVERAGE.

    (a) In General.--Chapter 443 of title 49, United States Code, is 
amended by inserting after section 44302 the following:
``Sec. 44302a. <<NOTE: 49 USC 44302a.>>  Temporary insurance

    ``(a) <<NOTE: Time period.>>  In General.--The Secretary may provide 
insurance or reinsurance under this section to or for an air carrier for 
1 coverage period not to exceed 90 days. Except as otherwise provided in 
this section, such insurance or reinsurance shall be subject to the 
requirements of this chapter.

    ``(b) Restrictions.--A policy for insurance or reinsurance issued 
under this section--
            ``(1) may not be issued unless the insurance carrier of the 
        air carrier has unilaterally terminated the air carrier's war 
        risk liability coverage pursuant to--
                    ``(A) notice under the policy;
                    ``(B) an endorsement to the policy; or
                    ``(C) an automatic termination provision in the 
                policy or any endorsement thereto; and
            ``(2) may cover hull, comprehensive, and third party 
        liability risks.

    ``(c) Premium.--A premium for insurance or reinsurance provided 
under this section shall be calculated based on a prorated amount 
equivalent to the premium that was in effect under the terminated 
insurance carrier policy.
    ``(d) Approval.--A policy for insurance or reinsurance provided 
under this section--
            ``(1) shall be exempt from the requirements of section 
        44302(c); and
            ``(2) may provide coverage to the extent allowed under 
        section 44303, as determined by the Secretary, notwithstanding 
        any determination by the President in subsection (a)(1) of such 
        section.''.

    (b) Conforming Amendments.--
            (1) General authority.--Section 44303(a) of title 49, United 
        States Code, is amended by striking ``section 44302'' and 
        inserting ``sections 44302 and 44302a''.
            (2) Ending effective date.--Section 44310(a) of title 49, 
        United States Code, is amended by striking ``section 44305'' and 
        inserting ``sections 44302a and 44305''.

    (c) Clerical Amendment.--The analysis for chapter 443 of title 49, 
United States Code, <<NOTE: 49 USC prec. 44301.>> is amended by 
inserting after the item relating to section 44302 the following:

``44302a. Temporary insurance.''.

[[Page 136 STAT. 5253]]

SEC. 104. REMOVAL OF RESTRICTION ON VETERANS CONCURRENTLY SERVING 
                        IN THE OFFICES OF ADMINISTRATOR AND DEPUTY 
                        ADMINISTRATOR OF THE FEDERAL AVIATION 
                        ADMINISTRATION.

    Section 106(d)(1) of title 49, United States Code, is amended by 
striking ``, a retired regular officer of an armed force, or a former 
regular officer of an armed force''.
SEC. 105. <<NOTE: 49 USC 40101 note.>> NATIONAL AVIATION 
                        PREPAREDNESS PLAN.

    (a) <<NOTE: Deadline.>>  In General.--Not later than 2 years after 
the date of enactment of this section, the Secretary of Transportation, 
in coordination with the Secretary of Health and Human Services, the 
Secretary of Homeland Security, and the heads of such other Federal 
departments or agencies as the Secretary of Transportation considers 
appropriate, shall develop a national aviation preparedness plan for 
communicable disease outbreaks.

    (b) Contents of Plan.--The plan developed under subsection (a) 
shall, at a minimum--
            (1) provide airports and air carriers with an adaptable and 
        scalable framework with which to align the individual plans, 
        including the emergency response plans, of such airports and air 
        carriers and provide guidance as to each individual plan;
            (2) improve coordination among airports, air carriers, the 
        Transportation Security Administration, U.S. Customs and Border 
        Protection, the Centers for Disease Control and Prevention, 
        other appropriate Federal entities, and State and local 
        governments and health agencies with respect to preparing for 
        and responding to communicable disease outbreaks;
            (3) to the extent practicable, improve coordination among 
        relevant international entities;
            (4) create a process to identify appropriate personal 
        protective equipment, if any, for covered employees to reduce 
        the likelihood of exposure to a covered communicable disease, 
        and thereafter issue recommendations for the equipage of such 
        employees;
            (5) create a process to identify appropriate techniques, 
        strategies, and protective infrastructure, if any, for the 
        cleaning, disinfecting, and sanitization of aircraft and 
        enclosed facilities owned, operated, or used by an air carrier 
        or airport, and thereafter issue recommendations pertaining to 
        such techniques, strategies, and protective infrastructure;
            (6) create a process to evaluate technologies and develop 
        procedures to effectively screen passengers for communicable 
        diseases, including through the use of temperature checks if 
        appropriate, for domestic and international passengers, crew 
        members, and other individuals passing through airport security 
        checkpoints;
            (7) identify and assign Federal agency roles in the 
        deployment of emerging and existing technologies and solutions 
        to reduce covered communicable diseases in the aviation 
        ecosystem;
            (8) clearly delineate the responsibilities of the sponsors 
        and operators of airports, air carriers, and Federal agencies in 
        responding to a covered communicable disease;

[[Page 136 STAT. 5254]]

            (9) <<NOTE: Recommenda- tions.>> incorporate, as 
        appropriate, the recommendations made by the Comptroller General 
        of the United States to the Secretary of Transportation 
        contained in the report titled ``Air Travel and Communicable 
        Diseases: Comprehensive Federal Plan Needed for U.S. Aviation 
        System's Preparedness'', issued in December 2015 (GAO-16-127);
            (10) consider the latest peer-reviewed scientific studies 
        that address communicable disease with respect to air 
        transportation; and
            (11) consider funding constraints.

    (c) Consultation.--When developing the plan under subsection (a), 
the Secretary of Transportation shall consult with aviation industry and 
labor stakeholders, including representatives of--
            (1) air carriers, which shall include domestic air carriers 
        consisting of major air carriers, low-cost carriers, regional 
        air carriers and cargo carriers;
            (2) airport operators, including with respect to large hub, 
        medium hub, small hub, and nonhub commercial service airports;
            (3) labor organizations that represent airline pilots, 
        flight attendants, air carrier airport customer service 
        representatives, and air carrier maintenance, repair, and 
        overhaul workers;
            (4) the labor organization certified under section 7111 of 
        title 5, United States Code, as the exclusive bargaining 
        representative of air traffic controllers of the Federal 
        Aviation Administration;
            (5) the labor organization certified under such section as 
        the exclusive bargaining representative of airway transportation 
        systems specialists and aviation safety inspectors of the 
        Federal Aviation Administration;
            (6) trade associations representing air carriers and 
        airports;
            (7) aircraft manufacturing companies;
            (8) general aviation; and
            (9) such other stakeholders as the Secretary considers 
        appropriate.

    (d) Report.--Not later than 30 days after the plan is developed 
under subsection (a), the Secretary shall submit to the Committee on 
Transportation and Infrastructure of the House of Representatives and 
the Committee on Commerce, Science, and Transportation of the Senate a 
report that includes such plan.
    (e) <<NOTE: Deadline. Consultation.>> Review of Plan.--Not later 
than 1 year after the date on which a report is submitted under 
subsection (d), and again not later than 5 years thereafter, the 
Secretary shall review the plan included in such report and, after 
consultation with aviation industry and labor stakeholders, make changes 
by rule as the Secretary considers appropriate.

    (f) <<NOTE: Deadline. Assessment.>>  GAO Study.--Not later than 18 
months after the date of enactment of this section, the Comptroller 
General shall conduct and submit to the Committee on Transportation and 
Infrastructure of the House of Representatives and the Committee on 
Commerce, Science, and Transportation of the Senate a study assessing 
the national aviation preparedness plan developed under subsection (a), 
including--
            (1) whether such plan--

[[Page 136 STAT. 5255]]

                    (A) is responsive to any previous recommendations 
                relating to aviation preparedness with respect to an 
                outbreak of a covered communicable disease or global 
                health emergency made by the Comptroller General; and
                    (B) meets the obligations of the United States under 
                international conventions and treaties; and
            (2) the extent to which the United States aviation system is 
        prepared to respond to an outbreak of a covered communicable 
        disease.

    (g) Definitions.--In this section:
            (1) Covered employee.--The term ``covered employee'' means--
                    (A) an individual whose job duties require 
                interaction with air carrier passengers on a regular and 
                continuing basis and who is an employee of--
                          (i) an air carrier;
                          (ii) an air carrier contractor;
                          (iii) an airport; or
                          (iv) the Federal Government; or
                    (B) an air traffic controller or systems safety 
                specialist of the Federal Aviation Administration.
            (2) Covered communicable disease.--The term ``covered 
        communicable disease'' means a communicable disease that has the 
        potential to cause a future epidemic or pandemic of infectious 
        disease that would constitute a public health emergency of 
        international concern as declared, after the date of enactment 
        of this section, by the Secretary of Health and Human Services 
        under section 319 of the Public Health Service Act (42 U.S.C. 
        247d).
            (3) Temperature check.--The term ``temperature check'' means 
        the screening of an individual for a fever.
SEC. 106. AEROSPACE SUPPLY CHAIN RESILIENCY TASK FORCE.

    (a) In General.-- <<NOTE: Deadline. Establishment.>> Not later than 
90 days after the date of enactment of this section, the Secretary of 
Transportation shall establish the Aerospace Supply Chain Resiliency 
Task Force (in this section referred to as the ``Task Force'') to--
            (1) identify and assess risks to United States aerospace 
        supply chains, including the availability of raw materials and 
        critical manufactured goods, with respect to--
                    (A) major end items produced by the aerospace 
                industry; and
                    (B) the infrastructure of the National Airspace 
                System; and
            (2) <<NOTE: Recommenda- tions.>> identify best practices and 
        make recommendations to mitigate risks identified under 
        paragraph (1) and support a robust United States aerospace 
        supply chain.

    (b) <<NOTE: Appointments.>>  Membership.--
            (1) In general.--The Secretary shall appoint not more than 
        21 individuals to the Task Force.
            (2) Composition.--In appointing individuals to the Task 
        Force, the Secretary shall appoint:
                    (A) At least 1 individual representing each of the 
                following:
                          (i) Manufacturers of aircraft.
                          (ii) Manufacturers of avionics.
                          (iii) Manufacturers of aircraft propulsion 
                      systems.

[[Page 136 STAT. 5256]]

                          (iv) Manufacturers of aircraft structures.
                          (v) Manufacturers of communications, 
                      navigation, and surveillance equipment used for 
                      the provision of air traffic services.
                          (vi) Manufacturers of commercial space 
                      transportation launch vehicles.
                          (vii) Commercial air carriers.
                          (viii) General aviation operators.
                          (ix) Rotorcraft operators.
                          (x) Unmanned aircraft system operators.
                          (xi) Aircraft maintenance providers.
                          (xii) Aviation safety organizations.
                    (B) At least 1 individual representing certified 
                labor representatives of each of the following:
                          (i) Aircraft mechanics.
                          (ii) Aircraft engineers.
                          (iii) Aircraft manufacturers.
                          (iv) Airway transportation system specialists 
                      employed by the Federal Aviation Administration.
                    (C) Individuals with expertise in logistics, 
                economics, supply chain management, or another field or 
                discipline related to the resilience of industrial 
                supply chains.

    (c) Activities.--In carrying out the responsibilities of the Task 
Force described in subsection (a), the Task Force shall--
            (1) engage with the aerospace industry to document trends in 
        changes to production throughput and lead times of major end 
        items produced by the aerospace industry;
            (2) <<NOTE: Determination.>> determine the extent to which 
        United States aerospace supply chains are potentially exposed to 
        significant disturbances, including the existence of and 
        potential for supply chain issues such as chokepoints, 
        bottlenecks, or shortages that could prevent or inhibit the 
        production or flow of major end items and services;
            (3) explore new solutions to resolve such supply chain 
        issues identified under paragraph (2), including through the use 
        of--
                    (A) existing aerospace infrastructure; and
                    (B) aerospace infrastructure, manufacturing 
                capabilities, and production capacities in small or 
                rural communities;
            (4) evaluate the potential for the introduction and 
        integration of advanced technology to--
                    (A) relieve such supply chain issues; and
                    (B) fill such gaps;
            (5) utilize, to the maximum extent practicable, existing 
        supply chain studies, reports, and materials in carrying out the 
        activities described in this subsection; and
            (6) <<NOTE: Recommenda- tions.>> provide recommendations to 
        address, manage, and relieve such supply chain issues.

    (d) Meetings.--
            (1) In general.--Except as provided in paragraph (2), the 
        Task Force shall convene at such times and places, and by such 
        means, as the Secretary determines to be appropriate, which may 
        include the use of remote conference technology.
            (2) Timing.--The Task Force shall convene for an initial 
        meeting not later than 120 days after the date of enactment of 
        this section and at least every 90 days thereafter.

[[Page 136 STAT. 5257]]

    (e) Reports to Congress.--
            (1) Report of task force.--
                    (A) In general.--Not later than 1 year after the 
                date of the initial meeting of the Task Force, the Task 
                Force shall submit to the appropriate committees of 
                Congress a report on the activities of the Task Force.
                    (B) <<NOTE: Recommenda- tions.>> Contents.--The 
                report required under subparagraph (A) shall include--
                          (i) best practices and recommendations 
                      identified pursuant to subsection (a)(2);
                          (ii) a detailed description of the findings of 
                      the Task Force pursuant to the activities required 
                      by subsection (c); and
                          (iii) recommendations of the Task Force, if 
                      any, for regulatory, policy, or legislative action 
                      to improve Government efforts to reduce barriers, 
                      mitigate risk, and bolster the resiliency of 
                      United States aerospace supply chains.
            (2) Report of secretary.--Not later than 180 days after the 
        submission of the report required under paragraph (1), the 
        Secretary shall submit a report to the appropriate committees of 
        Congress on the status or implementation of recommendations of 
        the Task Force included in the report required under paragraph 
        (1).

    (f) Applicable Law.--The Federal Advisory Committee Act (5 U.S.C. 
App.) shall not apply to the Task Force.
    (g) Sunset.--The Task Force shall terminate upon the submission of 
the report required by subsection (e)(1).
    (h) Definitions.--In this section:
            (1) Appropriate committees of congress.--The term 
        ``appropriate committees of Congress'' means--
                    (A) the Committee on Transportation and 
                Infrastructure of the House of Representatives; and
                    (B) the Committee on Commerce, Science, and 
                Transportation of the Senate.
            (2) Major end item.--The term ``major end item'' means--
                    (A) an aircraft;
                    (B) an aircraft engine or propulsion system;
                    (C) communications, navigation, or surveillance 
                equipment used in the provision of air traffic services; 
                and
                    (D) any other end item the manufacture and operation 
                of which has a significant effect on air commerce, as 
                determined by the Secretary.
SEC. 107. COVERED OPERATIONS ELECTIVE STANDARDS.

    (a) In General.--Section 44729(a) of title 49, United States Code, 
is amended by striking ``covered operations until attaining 65 years of 
age.'' and inserting the following: ``covered operations described in 
subsection (b)(1) until attaining 65 years 
of <<NOTE: Notification.>> age. Air carriers that employ pilots who 
serve in covered operations described in subsection (b)(2) may elect to 
implement an age restriction to prohibit employed pilots from serving in 
such covered operations after attaining 70 years of age by delivering 
written notice to the Administrator of the Federal Aviation 
Administration. Such election--
            ``(1) <<NOTE: Effective date.>>  shall take effect 1 year 
        after the date of delivery of written notice of the election; 
        and

[[Page 136 STAT. 5258]]

            ``(2) may not be terminated after the date on which such 
        election takes effect by the air carrier.''.

    (b) Covered Operations.--Section 44729(b) of title 49, United States 
Code, is amended by striking ``means operations under part 121 of title 
14, Code of Federal Regulations.'' and inserting the following: 
``means--
            ``(1) operations under part 121 of title 14, Code of Federal 
        Regulations; or
            ``(2) operations by a person that--
                    ``(A) holds an air carrier certificate issued 
                pursuant to part 119 of title 14, Code of Federal 
                Regulations, to conduct operations under part 135 of 
                such title;
                    ``(B) holds management specifications under subpart 
                K of title 91 of title 14, Code of Federal Regulations; 
                and
                    ``(C) performed an aggregate total of at least 
                75,000 turbojet operations in calendar year 2019 or any 
                subsequent year.''.

    (c) <<NOTE: 49 USC 44729 note.>>  Protection for Compliance.--An 
action or election taken in conformance with the amendments made by this 
section, or taken in conformance with a regulation issued to carry out 
the amendments made by this section, may not serve as a basis for 
liability or relief in a proceeding brought under any employment law or 
regulation before any court or agency of the United States or of any 
State or locality.

DIVISION R <<NOTE: No TikTok on Government Devices Act.>> --NO TIKTOK ON 
GOVERNMENT DEVICES
SEC. 101. <<NOTE: 44 USC 3553 note.>> SHORT TITLE.

    This division may be cited as the ``No TikTok on Government Devices 
Act''.
SEC. 102. PROHIBITION ON THE USE OF TIKTOK.

    (a) Definitions.--In this section--
            (1) the term ``covered application'' means the social 
        networking service TikTok or any successor application or 
        service developed or provided by ByteDance Limited or an entity 
        owned by ByteDance Limited;
            (2) the term ``executive agency'' has the meaning given that 
        term in section 133 of title 41, United States Code; and
            (3) the term ``information technology'' has the meaning 
        given that term in section 11101 of title 40, United States 
        Code.

    (b) Prohibition on the Use of TikTok.--
            (1) <<NOTE: Deadline. Standards. Guidelines.>> In general.--
        Not later than 60 days after the date of the enactment of this 
        Act, the Director of the Office of Management and Budget, in 
        consultation with the Administrator of General Services, the 
        Director of the Cybersecurity and Infrastructure Security 
        Agency, the Director of National Intelligence, and the Secretary 
        of Defense, and consistent with the information security 
        requirements under subchapter II of chapter 35 of title 44, 
        United States Code, shall develop standards and guidelines for 
        executive agencies requiring the removal of any covered 
        application from information technology.

[[Page 136 STAT. 5259]]

            (2) National security and research exceptions.--The 
        standards and guidelines developed under paragraph (1) shall 
        include--
                    (A) exceptions for law enforcement activities, 
                national security interests and activities, and security 
                researchers; and
                    (B) for any authorized use of a covered application 
                under an exception, requirements for executive agencies 
                to develop and document risk mitigation actions for such 
                use.

                   DIVISION S--OCEANS RELATED MATTERS

     TITLE I-- <<NOTE: Driftnet Modernization and Bycatch Reduction 
Act.>> DRIFTNET MODERNIZATION
SEC. 101. <<NOTE: 16 USC 1801 note.>> SHORT TITLE.

    This title may be cited as the ``Driftnet Modernization and Bycatch 
Reduction Act''.
SEC. 102. DEFINITION.

    Section 3(25) of the Magnuson-Stevens Fishery Conservation and 
Management Act (16 U.S.C. 1802(25)) is amended by inserting ``, or with 
a mesh size of 14 inches or greater,'' after ``more''.
SEC. 103. FINDINGS AND POLICY.

    (a) Findings.--Section 206(b) of the Magnuson-Stevens Fishery 
Conservation and Management Act (16 U.S.C. 1826(b)) is amended--
            (1) in paragraph (6), by striking ``and'' at the end;
            (2) in paragraph (7), by striking the period and inserting 
        ``; and''; and
            (3) by adding at the end the following:
            ``(8) within the exclusive economic zone, large-scale 
        driftnet fishing that deploys nets with large mesh sizes causes 
        significant entanglement and mortality of living marine 
        resources, including myriad protected species, despite 
        limitations on the lengths of such nets.''.

    (b) Policy.--Section 206(c) of the Magnuson-Stevens Fishery 
Conservation and Management Act (16 U.S.C. 1826(c)) is amended--
            (1) in paragraph (2), by striking ``and'' at the end;
            (2) in paragraph (3), by striking the period and inserting 
        ``; and''; and
            (3) by adding at the end the following:
            ``(4) prioritize the phase out of large-scale driftnet 
        fishing in the exclusive economic zone and promote the 
        development and adoption of alternative fishing methods and gear 
        types that minimize the incidental catch of living marine 
        resources.''.
SEC. 104. TRANSITION PROGRAM.

    Section 206 of the Magnuson-Stevens Fishery Conservation and 
Management Act (16 U.S.C. 1826) is amended by adding at the end the 
following--
    ``(i) Fishing Gear Transition Program.--

[[Page 136 STAT. 5260]]

            ``(1) <<NOTE: Time period.>> In general.--During the 5-year 
        period beginning on the date of enactment of the Driftnet 
        Modernization and Bycatch Reduction Act, the Secretary shall 
        conduct a transition program to facilitate the phase-out of 
        large-scale driftnet fishing and adoption of alternative fishing 
        practices that minimize the incidental catch of living marine 
        resources, and shall award grants to eligible permit holders who 
        participate in the program.
            ``(2) Permissible uses.--Any permit holder receiving a grant 
        under paragraph (1) may use such funds only for the purpose of 
        covering--
                    ``(A) any fee originally associated with a permit 
                authorizing participation in a large-scale driftnet 
                fishery, if such permit is surrendered for permanent 
                revocation, and such permit holder relinquishes any 
                claim associated with the permit;
                    ``(B) a forfeiture of fishing gear associated with a 
                permit described in subparagraph (A); or
                    ``(C) the purchase of alternative gear with minimal 
                incidental catch of living marine resources, if the 
                fishery participant is authorized to continue fishing 
                using such alternative gears.
            ``(3) Certification.--The Secretary shall certify that, with 
        respect to each participant in the program under this 
        subsection, any permit authorizing participation in a large-
        scale driftnet fishery has been permanently revoked and that no 
        new permits will be issued to authorize such fishing.''.
SEC. 105. EXCEPTION.

    Section 307(1)(M) of the Magnuson-Stevens Fishery Conservation and 
Management Act (16 U.S.C. 1857(1)(M)) is amended by inserting before the 
semicolon the following: ``, unless such large-scale driftnet fishing--
                          ``(i) deploys, within the exclusive economic 
                      zone, a net with a total length of less than two 
                      and one-half kilometers and a mesh size of 14 
                      inches or greater; and
                          ``(ii) <<NOTE: Deadline.>> is conducted within 
                      5 years of the date of enactment of the Driftnet 
                      Modernization and Bycatch Reduction Act''.
SEC. 106. <<NOTE: 16 USC 1862 note.>>  FEES.

    (a) <<NOTE: Recommenda- tions.>> In General.--The North Pacific 
Fishery Management Council may recommend, and the Secretary of Commerce 
may approve, regulations necessary for the collection of fees from 
charter vessel operators who guide recreational anglers who harvest 
Pacific halibut in International Pacific Halibut Commission regulatory 
areas 2C and 3A as those terms are defined in part 300 of title 50, Code 
of Federal Regulations (or any successor regulations).

    (b) Use of Fees.--Any fees collected under this section shall be 
available for the purposes of--
            (1) financing administrative costs of the Recreational Quota 
        Entity program;
            (2) the purchase of halibut quota shares in International 
        Pacific Halibut Commission regulatory areas 2C and 3A by the 
        recreational quota entity authorized in part 679 of title 50, 
        Code of Federal Regulations (or any successor regulations);
            (3) halibut conservation and research; and

[[Page 136 STAT. 5261]]

            (4) promotion of the halibut resource by the recreational 
        quota entity authorized in part 679 of title 50, Code of Federal 
        Regulations (or any successor regulations).

    (c) Limitation on Collection and Availability.--Fees shall be 
collected and available pursuant to this section only to the extent and 
in such amounts as provided in advance in appropriations Acts, subject 
to subsection (d).
    (d) Fee Collected During Start-up Period.--Notwithstanding 
subsection (c), fees may be collected through the date of enactment of 
an Act making appropriations for the activities authorized under this 
Act through September 30, 2023, and shall be available for obligation 
and remain available until expended.

TITLE II-- <<NOTE: Fishery Resource Disasters Improvement Act.>> FISHERY 
RESOURCE DISASTERS IMPROVEMENT
SEC. 201. <<NOTE: 16 USC 1801 note.>> SHORT TITLE.

    This title may be cited as the ``Fishery Resource Disasters 
Improvement Act''.
SEC. 202. FISHERY RESOURCE DISASTER RELIEF.

    Section 312(a) of the Magnuson-Stevens Fishery Conservation and 
Management Act (16 U.S.C. 1861a(a)) is amended to read as follows:
    ``(a) Fishery Resource Disaster Relief.--
            ``(1) Definitions.--In this subsection:
                    ``(A) <<NOTE: Time period.>> Allowable cause.--The 
                term `allowable cause' means a natural cause, discrete 
                anthropogenic cause, or undetermined cause, including a 
                cause that occurred not more than 5 years prior to the 
                date of a request for a fishery resource disaster 
                determination that affected such applicable fishery.
                    ``(B) Anthropogenic cause.--The term `anthropogenic 
                cause' means an anthropogenic event, such as an oil 
                spill or spillway opening--
                          ``(i) that could not have been addressed or 
                      prevented by fishery management measures; and
                          ``(ii) that is otherwise beyond the control of 
                      fishery managers to mitigate through conservation 
                      and management measures, including regulatory 
                      restrictions imposed as a result of judicial 
                      action or to protect human health or marine 
                      animals, plants, or habitats.
                    ``(C) Fishery resource disaster.--The term `fishery 
                resource disaster' means a disaster that is determined 
                by the Secretary in accordance with this subsection 
                and--
                          ``(i) is an unexpected large decrease in fish 
                      stock biomass or other change that results in 
                      significant loss of access to the fishery 
                      resource, which may include loss of fishing 
                      vessels and gear for a substantial period of time 
                      and results in significant revenue loss or 
                      negative subsistence impact due to an allowable 
                      cause; and
                          ``(ii) does not include--
                                    ``(I) reasonably predictable, 
                                foreseeable, and recurrent fishery 
                                cyclical variations in species 
                                distribution or stock abundance; or

[[Page 136 STAT. 5262]]

                                    ``(II) reductions in fishing 
                                opportunities resulting from 
                                conservation and management measures 
                                taken pursuant to this Act.
                    ``(D) Indian tribe.--The term `Indian Tribe' has the 
                meaning given such term in section 102 of the Federally 
                Recognized Indian Tribe List Act of 1994 (25 U.S.C. 
                5130), and the term `Tribal' means of or pertaining to 
                such an Indian tribe.
                    ``(E) Natural cause.--The term `natural cause'--
                          ``(i) means a weather, climatic, hazard, or 
                      biology-related event, such as--
                                    ``(I) a hurricane;
                                    ``(II) a flood;
                                    ``(III) a harmful algal bloom;
                                    ``(IV) a tsunami;
                                    ``(V) a hypoxic zone;
                                    ``(VI) a drought;
                                    ``(VII) El Nino effects on water 
                                temperature;
                                    ``(VIII) a marine heat wave; or
                                    ``(IX) disease; and
                          ``(ii) does not mean a normal or cyclical 
                      variation in a species distribution or stock 
                      abundance.
                    ``(F) 12-month revenue loss.--The term `12-month 
                revenue loss' means the percentage reduction, as 
                applicable, in commercial, charter, headboat, or 
                processor revenue for the affected fishery for the 12 
                months during which the fishery resource disaster 
                occurred, when compared to average annual revenue in the 
                most recent 5 years when no fishery resource disaster 
                occurred or equivalent for stocks with cyclical life 
                histories.
                    ``(G) Undetermined cause.--The term `undetermined 
                cause' means a cause in which the current state of 
                knowledge does not allow the Secretary to identify the 
                exact cause, and there is no current conclusive evidence 
                supporting a possible cause of the fishery resource 
                disaster.
            ``(2) General authority.--
                    ``(A) In general.--The Secretary shall have the 
                authority to determine the existence, extent, and 
                beginning and end dates of a fishery resource disaster 
                under this subsection in accordance with this 
                subsection.
                    ``(B) Availability of funds.--After the Secretary 
                determines that a fishery resource disaster has 
                occurred, the Secretary is authorized to make sums 
                available, from funds appropriated for such purposes, to 
                be used by the affected State, Indian Tribe, or 
                interstate marine fisheries commission, or by the 
                Secretary in cooperation with the affected State, Indian 
                Tribe, or interstate marine fisheries commission.
                    ``(C) Savings clause.--The requirements under this 
                paragraph and paragraphs (3), (4), and (5) shall take 
                effect only with respect to fishery resource disaster 
                determination requests submitted after the date of 
                enactment of the Fishery Resource Disasters Improvement 
                Act.
            ``(3) Initiation of a fishery resource disaster review.--
                    ``(A) Eligible requesters.--

[[Page 136 STAT. 5263]]

                          ``(i) <<NOTE: Deadline.>> In general.--If the 
                      Secretary has not independently determined that a 
                      fishery resource disaster has occurred, a request 
                      for a fishery resource disaster determination may 
                      be submitted to the Secretary at any time, but not 
                      later than the applicable date determined under 
                      clause (ii), by--
                                    ``(I) the Governor of an affected 
                                State;
                                    ``(II) an official resolution of an 
                                Indian Tribe; or
                                    ``(III) any other comparable elected 
                                or politically appointed representative 
                                as determined by the Secretary.
                          ``(ii) Applicable date.--The applicable date 
                      under this clause shall be--
                                    ``(I) 1 year after the date of the 
                                conclusion of the fishing season;
                                    ``(II) in the case of a distinct 
                                cause that occurs during more than 1 
                                consecutive fishing season, 2 years 
                                after the date of the conclusion of the 
                                fishing season for which the request for 
                                a fishery resource disaster 
                                determination is made; or
                                    ``(III) in the case of a complete 
                                fishery closure, 1 year after the date 
                                on which that closure is determined by 
                                the Secretary.
                    ``(B) Required information.--A complete request for 
                a fishery resource disaster determination under 
                subparagraph (A) shall include--
                          ``(i) identification of all presumed affected 
                      fish stocks;
                          ``(ii) identification of the fishery as 
                      Federal, non-Federal, or both;
                          ``(iii) the geographical boundaries of the 
                      fishery, as determined by the eligible requester, 
                      including geographic boundaries that are smaller 
                      than the area represented by the eligible 
                      requester;
                          ``(iv) preliminary information on causes of 
                      the fishery resource disaster, if known; and
                          ``(v) <<NOTE: Time periods.>>  information 
                      needed to support a finding of a fishery resource 
                      disaster, including--
                                    ``(I) information demonstrating the 
                                occurrence of an unexpected large 
                                decrease in fish stock biomass or other 
                                change that results in significant loss 
                                of access to the fishery resource, which 
                                could include the loss of fishing 
                                vessels and gear, for a substantial 
                                period of time;
                                    ``(II) significant--
                                            ``(aa) 12-month revenue loss 
                                        for the affected fishery; or
                                            ``(bb) negative subsistence 
                                        impact for the affected fishery, 
                                        or if a fishery resource 
                                        disaster has occurred at any 
                                        time in the previous 5-year 
                                        period, the most recent 5 years 
                                        when no fishery resource 
                                        disaster occurred;
                                    ``(III) if applicable, information 
                                on lost resource tax revenues assessed 
                                by local communities, such as a raw fish 
                                tax and local sourcing requirements; and

[[Page 136 STAT. 5264]]

                                    ``(IV) if applicable and available, 
                                information on affected fishery 12-month 
                                revenue loss for charter, headboat, or 
                                processors related to the information 
                                provided under subclause (I), subject to 
                                section 402(b).
                    ``(C) Assistance.--The Secretary may provide data 
                and analysis assistance to an eligible requester 
                described in paragraph (1), if--
                          ``(i) the assistance is so requested;
                          ``(ii) the Secretary is in possession of the 
                      required information described in subparagraph 
                      (B); and
                          ``(iii) the data is not available to the 
                      requester, in carrying out the complete request 
                      under subparagraph (B).
                    ``(D) Initiation of review.--The Secretary shall 
                have the discretion to initiate a fishery resource 
                disaster review without a request.
            ``(4) Review process.--
                    ``(A) <<NOTE: Deadline.>> Interim response.--Not 
                later than 20 days after receipt of a request under 
                paragraph (3), the Secretary shall provide an interim 
                response to the individual that--
                          ``(i) acknowledges receipt of the request;
                          ``(ii) provides a regional contact within the 
                      National Oceanographic and Atmospheric 
                      Administration;
                          ``(iii) outlines the process and timeline by 
                      which a request shall be considered; and
                          ``(iv) requests additional information 
                      concerning the fishery resource disaster, if the 
                      original request is considered incomplete.
                    ``(B) Evaluation of requests.--
                          ``(i) In general.--The Secretary shall 
                      complete a review, within the time frame described 
                      in clause (ii), using the best scientific 
                      information available, in consultation with the 
                      affected fishing communities, States, or Indian 
                      Tribes, of--
                                    ``(I) the information provided by 
                                the requester and any additional 
                                information relevant to the fishery, 
                                which may include--
                                            ``(aa) fishery 
                                        characteristics;
                                            ``(bb) stock assessments;
                                            ``(cc) the most recent 
                                        fishery independent surveys and 
                                        other fishery resource 
                                        assessments and surveys 
                                        conducted by Federal, State, or 
                                        Tribal officials;
                                            ``(dd) estimates of 
                                        mortality; and
                                            ``(ee) overall effects; and
                                    ``(II) the available economic 
                                information, which may include an 
                                analysis of--
                                            ``(aa) landings data;
                                            ``(bb) revenue;
                                            ``(cc) the number of 
                                        participants involved;
                                            ``(dd) the number and type 
                                        of jobs and persons impacted, 
                                        which may include--
                                                ``(AA) fishers;
                                                ``(BB) charter fishing 
                                            operators;
                                                ``(CC) subsistence 
                                            users;

[[Page 136 STAT. 5265]]

                                                ``(DD) United States 
                                            fish processors; and
                                                ``(EE) an owner of a 
                                            related fishery 
                                            infrastructure or business 
                                            affected by the disaster, 
                                            such as a marina operator, 
                                            recreational fishing 
                                            equipment retailer, or 
                                            charter, headboat, or tender 
                                            vessel owner, operator, or 
                                            crew;
                                            ``(ee) an impacted Indian 
                                        Tribe;
                                            ``(ff) other forms of 
                                        disaster assistance made 
                                        available to the fishery, 
                                        including prior awards of 
                                        disaster assistance for the same 
                                        event;
                                            ``(gg) the length of time 
                                        the resource, or access to the 
                                        resource, has been restricted;
                                            ``(hh) status of recovery 
                                        from previous fishery resource 
                                        disasters;
                                            ``(ii) lost resource tax 
                                        revenues assessed by local 
                                        communities, such as a raw fish 
                                        tax; and
                                            ``(jj) other appropriate 
                                        indicators to an affected 
                                        fishery, as determined by the 
                                        National Marine Fisheries 
                                        Service.
                          ``(ii) Time frame.--The Secretary shall 
                      complete the review described in clause (i), if 
                      the fishing season, applicable to the fishery--
                                    ``(I) has concluded or there is no 
                                defined fishing season applicable to the 
                                fishery, not later than 120 days after 
                                the Secretary receives a complete 
                                request for a fishery resource disaster 
                                determination;
                                    ``(II) has not concluded, not later 
                                than 120 days after the conclusion of 
                                the fishing season; or
                                    ``(III) is expected to be closed for 
                                the entire fishing season, not later 
                                than 120 days after the Secretary 
                                receives a complete request for a 
                                fishery resource disaster determination.
                    ``(C) Fishery resource disaster determination.--The 
                Secretary shall make the determination of a fishery 
                resource disaster based on the criteria for 
                determinations listed in paragraph (5).
                    ``(D) <<NOTE: Deadline.>> Notification.--Not later 
                than 14 days after the conclusion of the review under 
                this paragraph, the Secretary shall notify the requester 
                and the Governor of the affected State or Indian Tribe 
                representative of the determination of the Secretary.
            ``(5) Criteria for determinations.--
                    ``(A) In general.--The Secretary shall make a 
                determination about whether a fishery resource disaster 
                has occurred, based on the revenue loss thresholds under 
                subparagraph (B), and, if a fishery resource disaster 
                has occurred, whether the fishery resource disaster was 
                due to--
                          ``(i) a natural cause;
                          ``(ii) an anthropogenic cause;

[[Page 136 STAT. 5266]]

                          ``(iii) a combination of a natural cause and 
                      an anthropogenic cause; or
                          ``(iv) an undetermined cause.
                    ``(B) Revenue loss thresholds.--
                          ``(i) <<NOTE: Applicability. Time period.>>  
                      In general.--Based on the information provided or 
                      analyzed under paragraph (4)(B), the Secretary 
                      shall apply the following 12-month revenue loss 
                      thresholds in determining whether a fishery 
                      resource disaster has occurred:
                                    ``(I) Losses greater than 80 percent 
                                may result in a positive determination 
                                that a fishery resource disaster has 
                                occurred, based on the information 
                                provided or analyzed under paragraph 
                                (4)(B).
                                    ``(II) Losses between 35 percent and 
                                80 percent shall be evaluated to 
                                determine whether economic impacts are 
                                severe enough to determine that a 
                                fishery resource disaster has occurred.
                                    ``(III) Losses less than 35 percent 
                                shall not be eligible for a 
                                determination that a fishery resource 
                                disaster has occurred.
                          ``(ii) Charter fishing.--In making a 
                      determination of whether a fishery resource 
                      disaster has occurred, the Secretary shall 
                      consider the economic impacts to the charter 
                      fishing industry to ensure financial coverage for 
                      charter fishing businesses.
                          ``(iii) <<NOTE: Evaluation.>> Negative 
                      subsistence impacts.--In considering negative 
                      subsistence impacts, the Secretary shall evaluate 
                      the severity of negative impacts to the fishing 
                      community instead of applying the revenue loss 
                      thresholds described in clause (i).
                    ``(C) <<NOTE: Time period.>> Ineligible fisheries.--
                A fishery subject to overfishing in any of the 3 years 
                preceding the date of a determination under this 
                subsection is not eligible for a determination of 
                whether a fishery resource disaster has occurred unless 
                the Secretary determines that overfishing was not a 
                contributing factor to the fishery resource disaster.
                    ``(D) Exceptional circumstances.--In an exceptional 
                circumstance where substantial economic impacts to the 
                affected fishery and fishing community have been subject 
                to a disaster declaration under another statutory 
                authority, such as in the case of a natural disaster or 
                from the direct consequences of a Federal action taken 
                to prevent, or in response to, a natural disaster for 
                purposes of protecting life and safety, the Secretary 
                may determine a fishery resource disaster has occurred 
                without a request, notwithstanding the requirements 
                under subparagraph (B) and paragraph (3).
            ``(6) Disbursal of appropriated funds.--
                    ``(A) Authorization.--The Secretary shall allocate 
                funds available under paragraph (9) for fishery resource 
                disasters.
                    ``(B) Allocation of appropriated fishery resource 
                disaster assistance.--
                          ``(i) Notification of funding availability.--
                      When there are appropriated funds for 1 or more 
                      fishery resource disasters, the Secretary shall 
                      notify--

[[Page 136 STAT. 5267]]

                                    ``(I) the public; and
                                    ``(II) <<NOTE: Deadline.>>  
                                representatives of affected fishing 
                                communities with a positive disaster 
                                determination that is unfunded;
                      of the availability of funds, not more than 14 
                      days after the date of the appropriation or the 
                      determination of a fishery resource disaster, 
                      whichever occurs later.
                          ``(ii) Extension of deadline.--The Secretary 
                      may extend the deadline under clause (i) by 90 
                      days to evaluate and make determinations on 
                      eligible requests.
                    ``(C) Considerations.--In determining the allocation 
                of appropriations for a fishery resource disaster, the 
                Secretary shall consider commercial, charter, headboat, 
                or seafood processing revenue losses and negative 
                impacts to subsistence or Indian Tribe ceremonial 
                fishing opportunity, for the affected fishery, and may 
                consider the following factors:
                          ``(i) Direct economic impacts.
                          ``(ii) Uninsured losses.
                          ``(iii) Losses of recreational fishing 
                      opportunity.
                          ``(iv) Aquaculture operations revenue loss.
                          ``(v) Direct revenue losses to a fishing 
                      community.
                          ``(vi) Treaty obligations.
                          ``(vii) Other economic impacts.
                    ``(D) <<NOTE: Deadline.>> Spend plans.--To receive 
                an allocation from funds available under paragraph (9), 
                a requester with an affirmative fishery resource 
                disaster determination shall submit a spend plan to the 
                Secretary, not more than 120 days after receiving 
                notification that funds are available, that shall 
                include the following information, if applicable:
                          ``(i) Objectives and outcomes, with an 
                      emphasis on addressing the factors contributing to 
                      the fishery resource disaster and minimizing 
                      future uninsured losses, if applicable.
                          ``(ii) Statement of work.
                          ``(iii) Budget details.
                    ``(E) Regional contact.--If so requested, the 
                Secretary shall provide a regional contact within the 
                National Oceanic and Atmospheric Administration to 
                facilitate review of spend plans and disbursal of funds.
                    ``(F) Disbursal of funds.--
                          ``(i) <<NOTE: Deadline.>> Availability.--Funds 
                      shall be made available to grantees not later than 
                      90 days after the date the Secretary receives a 
                      complete spend plan.
                          ``(ii) Method.--The Secretary may provide an 
                      allocation of funds under this subsection in the 
                      form of a grant, direct payment, cooperative 
                      agreement, loan, or contract.
                          ``(iii) Eligible uses.--
                                    ``(I) In general.--Funds allocated 
                                for fishery resources disasters under 
                                this subsection shall restore the 
                                fishery affected by such a disaster, 
                                prevent a similar disaster in the 
                                future, or assist the affected fishing 
                                community, and shall prioritize the 
                                following uses, which are not in order 
                                of priority:

[[Page 136 STAT. 5268]]

                                            ``(aa) Habitat conservation 
                                        and restoration and other 
                                        activities, including scientific 
                                        research, that reduce adverse 
                                        impacts to the fishery or 
                                        improve understanding of the 
                                        affected species or its 
                                        ecosystem.
                                            ``(bb) The collection of 
                                        fishery information and other 
                                        activities that improve 
                                        management of the affected 
                                        fishery.
                                            ``(cc) In a commercial 
                                        fishery, capacity reduction and 
                                        other activities that improve 
                                        management of fishing effort, 
                                        including funds to offset 
                                        budgetary costs to refinance a 
                                        Federal fishing capacity 
                                        reduction loan or to repay the 
                                        principal of a Federal fishing 
                                        capacity reduction loan.
                                            ``(dd) Developing, 
                                        repairing, or improving fishery-
                                        related public infrastructure.
                                            ``(ee) Direct assistance to 
                                        a person, fishing community 
                                        (including assistance for lost 
                                        fisheries resource levies), or a 
                                        business to alleviate economic 
                                        loss incurred as a direct result 
                                        of a fishery resource disaster, 
                                        particularly when affected by a 
                                        circumstance described in 
                                        paragraph (5)(D) or by negative 
                                        impacts to subsistence or Indian 
                                        Tribe ceremonial fishing 
                                        opportunity.
                                            ``(ff) Hatcheries and stock 
                                        enhancement to help rebuild the 
                                        affected stock or offset fishing 
                                        pressure on the affected stock.
                                    ``(II) Displaced fishery 
                                employees.--Where appropriate, 
                                individuals carrying out the activities 
                                described in items (aa) through (dd) of 
                                subclause (I) shall be individuals who 
                                are, or were, employed in a commercial, 
                                charter, or Indian Tribe fishery for 
                                which the Secretary has determined that 
                                a fishery resource disaster has 
                                occurred.
            ``(7) Limitations.--
                    ``(A) Federal share.--
                          ``(i) In general.--Except as provided in 
                      clauses (ii) and (iii), the Federal share of the 
                      cost of any activity carried out under the 
                      authority of this subsection shall not exceed 75 
                      percent of the cost of that activity.
                          ``(ii) Waiver.--The Secretary may waive the 
                      non-Federal share requirements of this subsection, 
                      if the Secretary determines that--
                                    ``(I) no reasonable means are 
                                available through which the recipient of 
                                the Federal share can meet the non-
                                Federal share requirement; and
                                    ``(II) the probable benefit of 100 
                                percent Federal financing outweighs the 
                                public interest in imposition of the 
                                non-Federal share requirement.
                          ``(iii) Exception.--The Federal share shall be 
                      equal to 100 percent in the case of--
                                    ``(I) direct assistance as described 
                                in paragraph (6)(F)(iii)(I)(ee); or

[[Page 136 STAT. 5269]]

                                    ``(II) assistance to subsistence or 
                                Tribal fisheries.
                    ``(B) Limitations on administrative expenses.--
                          ``(i) Federal.--Not more than 3 percent of the 
                      funds available under this subsection may be used 
                      for administrative expenses by the National 
                      Oceanographic and Atmospheric Administration.
                          ``(ii) State governments or indian tribes.--Of 
                      the funds remaining after the use described in 
                      clause (i), not more than 5 percent may be used by 
                      States, Indian Tribes, or interstate marine 
                      fisheries commissions for administrative expenses.
                    ``(C) Fishing capacity reduction program.--
                          ``(i) In general.--No funds available under 
                      this subsection may be used as part of a fishing 
                      capacity reduction program in a fishery unless the 
                      Secretary determines that adequate conservation 
                      and management measures are in place in such 
                      fishery.
                          ``(ii) Assistance conditions.--As a condition 
                      of providing assistance under this subsection with 
                      respect to a vessel under a fishing capacity 
                      reduction program, the Secretary shall--
                                    ``(I) prohibit the vessel from being 
                                used for fishing in Federal, State, or 
                                international waters; and
                                    ``(II) require that the vessel be--
                                            ``(aa) scrapped or otherwise 
                                        disposed of in a manner approved 
                                        by the Secretary;
                                            ``(bb) donated to a 
                                        nonprofit organization and 
                                        thereafter used only for 
                                        purposes of research, education, 
                                        or training; or
                                            ``(cc) used for another non-
                                        fishing purpose provided the 
                                        Secretary determines that 
                                        adequate measures are in place 
                                        to ensure that the vessel cannot 
                                        reenter any fishery anywhere in 
                                        the world.
                    ``(D) No fishery endorsement.--
                          ``(i) In general.--A vessel that is prohibited 
                      from fishing under subparagraph (C)(ii)(I) shall 
                      not be eligible for a fishery endorsement under 
                      section 12113(a) of title 46, United States Code.
                          ``(ii) Noneffective.--A fishery endorsement 
                      for a vessel described in clause (i) shall not be 
                      effective.
                          ``(iii) No sale.--A vessel described in clause 
                      (i) shall not be sold to a foreign owner or 
                      reflagged.
            ``(8) Public information on data collection.--The Secretary 
        shall make available and update as appropriate, information on 
        data collection and submittal best practices for the information 
        described in paragraph (4)(B).
            ``(9) Authorization of appropriations.--There are authorized 
        to be appropriated to carry out this subsection $377,000,000 for 
        the period of fiscal years 2023 through 2027.''.
SEC. 203. MAGNUSON-STEVENS FISHERY CONSERVATION AND MANAGEMENT 
                        ACT.

    (a) Repeal.--Section 315 of the Magnuson-Stevens Fishery 
Conservation and Management Act (16 U.S.C. 1864) is repealed.

[[Page 136 STAT. 5270]]

    (b) Report.--Section 113(b)(2) of the Magnuson-Stevens Fishery 
Conservation and Management Reauthorization Act of 2006 (16 U.S.C. 460ss 
note) is amended--
            (1) in the paragraph heading, by striking ``Annual report'' 
        and inserting ``Report'';
            (2) in the matter preceding subparagraph (A), by striking 
        ``Not later than 2 years after the date of enactment of this 
        Act, and annually thereafter'' and inserting ``Not later than 2 
        years after the date of enactment of the Fishery Resource 
        Disasters Improvement Ac, and biennially thereafter''; and
            (3) in subparagraph (D), by striking ``the calendar year 
        2003'' and inserting ``the most recent''.
SEC. 204. INTERJURISDICTIONAL FISHERIES ACT OF 1986.

    (a) Repeal.--Section 308 of the Interjurisdictional Fisheries Act of 
1986 (16 U.S.C. 4107) is repealed.
    (b) Technical Edit.--Section 3(k)(1) of the Small Business Act (15 
U.S.C. 632(k)(1)) is amended by striking ``(as determined by the 
Secretary of Commerce under section 308(b) of the Interjurisdictional 
Fisheries Act of 1986)'' and inserting ``(as determined by the Secretary 
of Commerce under the Fishery Resource Disasters Improvement Act)''.
SEC. 205. BUDGET REQUESTS; REPORTS.

    (a) <<NOTE: 16 USC 1861a note.>> Budget Request.--In the budget 
justification materials submitted to Congress in support of the budget 
of the Department of Commerce for each fiscal year (as submitted with 
the budget of the President under section 1105(a) of title 31, United 
States Code), the Secretary of Commerce shall include a separate 
statement of the amount for each outstanding unfunded fishery resource 
disasters.

    (b) Driftnet Act Amendments of 1990 Report and Bycatch Reduction 
Agreements.--
            (1) In general.--The Magnuson-Stevens Fishery Conservation 
        and Management Act (16 U.S.C. 1801 et seq.) is amended--
                    (A) <<NOTE: 16 USC 1822.>> in section 202(h), by 
                striking paragraph (3); and
                    (B) <<NOTE: 16 USC 1826.>> in section 206--
                          (i) by striking subsections (e) and (f); and
                          (ii) by redesignating subsections (g) and (h) 
                      as subsections (e) and (f), respectively.
            (2) Biennial report on international compliance.--Section 
        607 of the High Seas Driftnet Fishing Moratorium Protection Act 
        (16 U.S.C. 1826h) is amended--
                    (A) by inserting ``(a) In General.--'' before ``The 
                Secretary'' and indenting appropriately; and
                    (B) by adding at the end the following:

    ``(b) Additional Information.--In addition to the information 
described in paragraphs (1) through (5) of subsection (a), the report 
shall include--
            ``(1) a description of the actions taken to carry out the 
        provisions of section 206 of the Magnuson-Stevens Fishery 
        Conservation and Management Act (16 U.S.C. 1826), including--
                    ``(A) <<NOTE: Evaluation.>>  an evaluation of the 
                progress of those efforts, the impacts on living marine 
                resources, including available observer data, and 
                specific plans for further action;
                    ``(B) <<NOTE: List.>> a list and description of any 
                new fisheries developed by nations that conduct, or 
                authorize their nationals

[[Page 136 STAT. 5271]]

                to conduct, large-scale driftnet fishing beyond the 
                exclusive economic zone of any nation; and
                    ``(C) <<NOTE: List.>> a list of the nations that 
                conduct, or authorize their nationals to conduct, large-
                scale driftnet fishing beyond the exclusive economic 
                zone of any nation in a manner that diminishes the 
                effectiveness of or is inconsistent with any 
                international agreement governing large-scale driftnet 
                fishing to which the United States is a party or 
                otherwise subscribes; and
            ``(2) a description of the actions taken to carry out the 
        provisions of section 202(h) of the Magnuson-Stevens Fishery 
        Conservation and Management Act (16 U.S.C. 1822(h)).

    ``(c) Certification.--If, at any time, the Secretary, in 
consultation with the Secretary of State and the Secretary of the 
department in which the Coast Guard is operating, identifies any nation 
that warrants inclusion in the list described under subsection 
(b)(1)(C), due to large scale drift net fishing, the Secretary shall 
certify that fact to the President. Such certification shall be deemed 
to be a certification for the purposes of section 8(a) of the 
Fishermen's Protective Act of 1967 (22 U.S.C. 1978(a)).''.

  TITLE III <<NOTE: Alaska Salmon Research Task Force Act.>> --ALASKA 
SALMON RESEARCH TASK FORCE
SEC. 301. SHORT TITLE.

    This title may be cited as the ``Alaska Salmon Research Task Force 
Act''.
SEC. 302. PURPOSES.

     The purposes of this title are--
            (1) to ensure that Pacific salmon trends in Alaska regarding 
        productivity and abundance are characterized and that research 
        needs are identified;
            (2) to prioritize scientific research needs for Pacific 
        salmon in Alaska;
            (3) to address the increased variability or decline in 
        Pacific salmon returns in Alaska by creating a coordinated 
        salmon research strategy; and
            (4) to support collaboration and coordination for Pacific 
        salmon conservation efforts in Alaska.
SEC. 303. SENSE OF CONGRESS.

    It is the sense of Congress that--
            (1) salmon are an essential part of Alaska's fisheries, 
        including subsistence, commercial, and recreational uses, and 
        there is an urgent need to better understand the freshwater and 
        marine biology and ecology of salmon, a migratory species that 
        crosses many borders, and for a coordinated salmon research 
        strategy to address salmon returns that are in decline or 
        experiencing increased variability;
            (2) salmon are an essential element for the well-being and 
        health of Alaskans; and
            (3) there is a unique relationship between people of 
        Indigenous heritage and the salmon they rely on for subsistence 
        and traditional and cultural practices.

[[Page 136 STAT. 5272]]

SEC. 304. <<NOTE: Establishment.>>  ALASKA SALMON RESEARCH TASK 
                        FORCE.

    (a) <<NOTE: Deadline.>> In General.--Not later than 90 days after 
the date of enactment of this Act, the Secretary of Commerce, in 
consultation with the Governor of Alaska, shall convene an Alaska Salmon 
Research Task Force (referred to in this section as the ``Research Task 
Force'') to--
            (1) <<NOTE: Review.>>  review existing Pacific salmon 
        research in Alaska;
            (2) identify applied research needed to better understand 
        the increased variability and declining salmon returns in some 
        regions of Alaska; and
            (3) support sustainable salmon runs in Alaska.

    (b) Composition and Appointment.--
            (1) In general.--The Research Task Force shall be composed 
        of not fewer than 13 and not more than 19 members, who shall be 
        appointed under paragraphs (2) and (3).
            (2) Appointment by secretary.--The Secretary of Commerce 
        shall appoint members to the Research Task Force as follows:
                    (A) One representative from each of the following:
                          (i) The National Oceanic and Atmospheric 
                      Administration who is knowledgeable about salmon 
                      and salmon research efforts in Alaska.
                          (ii) The North Pacific Fishery Management 
                      Council.
                          (iii) The United States section of the Pacific 
                      Salmon Commission.
                    (B) Not less than 2 and not more than 5 
                representatives from each of the following categories, 
                at least 2 of whom shall represent Alaska Natives who 
                possess personal knowledge of, and direct experience 
                with, subsistence uses in rural Alaska, to be appointed 
                with due regard to differences in regional perspectives 
                and experience:
                          (i) Residents of Alaska who possess personal 
                      knowledge of, and direct experience with, 
                      subsistence uses in rural Alaska.
                          (ii) Alaska fishing industry representatives 
                      throughout the salmon supply chain, including 
                      from--
                                    (I) directed commercial fishing;
                                    (II) recreational fishing;
                                    (III) charter fishing;
                                    (IV) seafood processors;
                                    (V) salmon prohibited species catch 
                                (bycatch) users; or
                                    (VI) hatcheries.
                    (C) 5 representatives who are academic experts in 
                salmon biology, salmon ecology (marine and freshwater), 
                salmon habitat restoration and conservation, or 
                comprehensive marine research planning in the North 
                Pacific.
            (3) Appointment by the governor of alaska.--The Governor of 
        Alaska shall appoint to the Research Task Force one 
        representative from the State of Alaska who is knowledgeable 
        about the State of Alaska's salmon research efforts.

    (c) Duties.--
            (1) Review.--The Research Task Force shall--
                    (A) conduct a review of Pacific salmon science 
                relevant to understanding salmon returns in Alaska, 
                including an examination of--

[[Page 136 STAT. 5273]]

                          (i) traditional ecological knowledge of salmon 
                      populations and their ecosystems;
                          (ii) marine carrying capacity and density 
                      dependent constraints, including an examination of 
                      interactions with other salmon species, and with 
                      forage base in marine ecosystems;
                          (iii) life-cycle and stage-specific mortality;
                          (iv) genetic sampling and categorization of 
                      population structure within salmon species in 
                      Alaska;
                          (v) methods for predicting run-timing and 
                      stock sizes;
                          (vi) oceanographic models that provide insight 
                      into stock distribution, growth, and survival;
                          (vii) freshwater, estuarine, and marine 
                      processes that affect survival of smolts;
                          (viii) climate effects on freshwater and 
                      marine habitats;
                          (ix) predator/prey interactions between salmon 
                      and marine mammals or other predators; and
                          (x) salmon productivity trends in other 
                      regions, both domestic and international, that put 
                      Alaska salmon populations in a broader geographic 
                      context; and
                    (B) identify scientific research gaps in 
                understanding the Pacific salmon life cycle in Alaska.
            (2) Report.--Not later than 1 year after the date the 
        Research Task Force is convened, the Research Task Force shall 
        submit to the Secretary of Commerce, the Committee on Commerce, 
        Science, and Transportation of the Senate, the Committee on 
        Environment and Public Works of the Senate, the Subcommittee on 
        Commerce, Justice, Science, and Related Agencies of the 
        Committee on Appropriations of the Senate, the Committee on 
        Natural Resources of the House of Representatives, the 
        Subcommittee on Commerce, Justice, Science, and Related Agencies 
        of the Committee on Appropriations of the House of 
        Representatives, and the Alaska State Legislature, and make 
        publicly available, a report--
                    (A) describing the review conducted under paragraph 
                (1); and
                    (B) that includes--
                          (i) <<NOTE: Recommenda- tion.>>  
                      recommendations on filling knowledge gaps that 
                      warrant further scientific inquiry; and
                          (ii) findings from the reports of work groups 
                      submitted under subsection (d)(2)(C).

    (d) Administrative Matters.--
            (1) Chairperson and vice chairperson.--The Research Task 
        Force shall select a Chair and Vice Chair by vote from among the 
        members of the Research Task Force.
            (2) <<NOTE: Establishment.>> Work groups.--
                    (A) In general.--The Research Task Force--
                          (i) <<NOTE: Deadline.>> not later than 30 days 
                      after the date of the establishment of the 
                      Research Task Force, shall establish a work group 
                      focused specifically on the research needs 
                      associated with salmon returns in the AYK (Arctic-
                      Yukon-Kuskokwim) regions of Western Alaska; and

[[Page 136 STAT. 5274]]

                          (ii) may establish additional regionally or 
                      stock focused work groups within the Research Task 
                      Force, as members determine appropriate.
                    (B) Composition.--Each work group established under 
                this subsection shall--
                          (i) consist of not less than 5 individuals 
                      who--
                                    (I) are knowledgeable about the 
                                stock or region under consideration; and
                                    (II) need not be members of the 
                                Research Task Force; and
                          (ii) be balanced in terms of stakeholder 
                      representation, including commercial, 
                      recreational, and subsistence fisheries, as well 
                      as experts in statistical, biological, economic, 
                      social, or other scientific information as 
                      relevant to the work group's focus.
                    (C) Reports.--Not later than 9 months after the date 
                the Research Task Force is convened, each work group 
                established under this subsection shall submit a report 
                with the work group's findings to the Research Task 
                Force.
            (3) Compensation.--Each member of the Research Task Force 
        shall serve without compensation.
            (4) Administrative support.--The Secretary of Commerce shall 
        provide such administrative support as is necessary for the 
        Research Task Force and its work groups to carry out their 
        duties, which may include support for virtual or in-person 
        participation and travel expenses.

    (e) Federal Advisory Committee Act.--The Federal Advisory Committee 
Act (5 U.S.C. App.) shall not apply to the Research Task Force.
SEC. 305. DEFINITION OF PACIFIC SALMON.

    In this title, the term ``Pacific salmon'' means salmon that 
originates in Alaskan waters.

                   TITLE IV--IUU TECHNICAL CORRECTIONS

SEC. 401. IUU TECHNICAL CORRECTIONS.

    The High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 
1826d et seq.) is amended--
            (1) <<NOTE: 16 USC 1826j.>>  in section 609--
                    (A) by striking subsection (e); and
                    (B) by redesignating subsections (f) and (g) as 
                subsections (e) and (f), respectively; and
            (2) <<NOTE: 16 USC 1826k.>>  in section 610--
                    (A) in subsection (b)--
                          (i) in paragraph (2), by inserting ``and'' 
                      after the semicolon;
                          (ii) by striking paragraph (3); and
                          (iii) by redesignating paragraph (4) as 
                      paragraph (3); and
                    (B) in subsection (c)(4)--
                          (i) in subparagraph (A), by inserting ``and'' 
                      after the semicolon;
                          (ii) in subparagraph (B), by striking ``; 
                      and'' and inserting a period; and

[[Page 136 STAT. 5275]]

                          (iii) by striking subparagraph (C).

DIVISION <<NOTE: SECURE 2.0 Act of 2022.>> T--SECURE 2.0 ACT OF 2022
SEC. 1. SHORT TITLE; ETC.

    (a) <<NOTE: 26 USC 1 note.>>  Short Title.--This division may be 
cited as the ``SECURE 2.0 Act of 2022''.

    (b) Amendment of 1986 Code.--Except as otherwise expressly provided, 
whenever in this division an amendment or repeal is expressed in terms 
of an amendment to, or repeal of, a section or other provision, the 
reference shall be considered to be made to a section or other provision 
of the Internal Revenue Code of 1986.

      TITLE I--EXPANDING COVERAGE AND INCREASING RETIREMENT SAVINGS

SEC. 101. EXPANDING AUTOMATIC ENROLLMENT IN RETIREMENT PLANS.

    (a) In General.--Subpart B of part I of subchapter D of chapter 1 is 
amended by inserting after section 414 the following new section:
``SEC. 414A. <<NOTE: 26 USC 414A.>>  REQUIREMENTS RELATED TO 
                          AUTOMATIC ENROLLMENT.

    ``(a) In General.--Except as otherwise provided in this section--
            ``(1) an arrangement shall not be treated as a qualified 
        cash or deferred arrangement described in section 401(k) unless 
        such arrangement meets the automatic enrollment requirements of 
        subsection (b), and
            ``(2) an annuity contract otherwise described in section 
        403(b) which is purchased under a salary reduction agreement 
        shall not be treated as described in such section unless such 
        agreement meets the automatic enrollment requirements of 
        subsection (b).

    ``(b) Automatic Enrollment Requirements.--
            ``(1) In general.--An arrangement or agreement meets the 
        requirements of this subsection if such arrangement or agreement 
        is an eligible automatic contribution arrangement (as defined in 
        section 414(w)(3)) which meets the requirements of paragraphs 
        (2) through (4).
            ``(2) Allowance of permissible withdrawals.--An eligible 
        automatic contribution arrangement meets the requirements of 
        this paragraph if such arrangement allows employees to make 
        permissible withdrawals (as defined in section 414(w)(2)).
            ``(3) Minimum contribution percentage.--
                    ``(A) In general.--An eligible automatic 
                contribution arrangement meets the requirements of this 
                paragraph if--
                          ``(i) the uniform percentage of compensation 
                      contributed by the participant under such 
                      arrangement during the first year of participation 
                      is not less than 3 percent and not more than 10 
                      percent (unless the

[[Page 136 STAT. 5276]]

                      participant specifically elects not to have such 
                      contributions made or to have such contributions 
                      made at a different percentage), and
                          ``(ii) effective for the first day of each 
                      plan year starting after each completed year of 
                      participation under such arrangement such uniform 
                      percentage is increased by 1 percentage point (to 
                      at least 10 percent, but not more than 15 percent) 
                      unless the participant specifically elects not to 
                      have such contributions made or to have such 
                      contributions made at a different percentage.
                    ``(B) Initial reduced ceiling for certain plans.--In 
                the <<NOTE: Applicability.>> case of any eligible 
                automatic contribution arrangement (other than an 
                arrangement that meets the requirements of paragraph 
                (12) or (13) of section 401(k)), for plan years ending 
                before January 1, 2025, subparagraph (A)(ii) shall be 
                applied by substituting `10 percent' for `15 percent'.
            ``(4) Investment requirements.--An eligible automatic 
        contribution arrangement meets the requirements of this 
        paragraph if amounts contributed pursuant to such arrangement, 
        and for which no investment is elected by the participant, are 
        invested in accordance with the requirements of section 
        2550.404c-5 of title 29, Code of Federal Regulations (or any 
        successor regulations).

    ``(c) Exceptions.--For purposes of this section--
            ``(1) Simple plans.--Subsection (a) shall not apply to any 
        simple plan (within the meaning of section 401(k)(11)).
            ``(2) Exception for plans or arrangements established before 
        enactment of section.--
                    ``(A) In general.--Subsection (a) shall not apply 
                to--
                          ``(i) any qualified cash or deferred 
                      arrangement established before the date of the 
                      enactment of this section, or
                          ``(ii) any annuity contract purchased under a 
                      plan established before the date of the enactment 
                      of this section.
                    ``(B) Post-enactment adoption of multiple employer 
                plan.--Subparagraph <<NOTE: Applicability.>> (A) shall 
                not apply in the case of an employer adopting after such 
                date of enactment a plan maintained by more than one 
                employer, and subsection (a) shall apply with respect to 
                such employer as if such plan were a single plan.
            ``(3) Exception for governmental and church plans.--
        Subsection (a) shall not apply to any governmental plan (within 
        the meaning of section 414(d)) or any church plan (within the 
        meaning of section 414(e)).
            ``(4) <<NOTE: Time periods.>> Exception for new and small 
        businesses.--
                    ``(A) New business.--Subsection (a) shall not apply 
                to any qualified cash or deferred arrangement, or any 
                annuity contract purchased under a plan, while the 
                employer maintaining such plan (and any predecessor 
                employer) has been in existence for less than 3 years.
                    ``(B) Small businesses.--Subsection (a) shall not 
                apply to any qualified cash or deferred arrangement, or 
                any annuity contract purchased under a plan, earlier 
                than the date that is 1 year after the close of the 
                first taxable

[[Page 136 STAT. 5277]]

                year with respect to which the employer maintaining the 
                plan normally employed more than 10 employees.
                    ``(C) <<NOTE: Applicability.>>  Treatment of 
                multiple employer plans.--In the case of a plan 
                maintained by more than 1 employer, subparagraphs (A) 
                and (B) shall be applied separately with respect to each 
                such employer, and all such employers to which 
                subsection (a) applies (after the application of this 
                paragraph) shall be treated as maintaining a separate 
                plan for purposes of this section.''.

    (b) Clerical Amendment.--The table of sections for subpart B of part 
I of subchapter D of chapter 1 <<NOTE: 26 USC prec. 410.>> is amended by 
inserting after the item relating to section 414 the following new item:

``Sec. 414A. Requirements related to automatic enrollment.''.

    (c) <<NOTE: 26 USC 414A note.>> Effective Date.--The amendments made 
by this section shall apply to plan years beginning after December 31, 
2024.
SEC. 102. MODIFICATION OF CREDIT FOR SMALL EMPLOYER PENSION PLAN 
                        STARTUP COSTS.

    (a) Increase in Credit Percentage for Smaller Employers.--Section 
45E(e) of is <<NOTE: 26 USC 45E.>>  amended by adding at the end the 
following new paragraph:
            ``(4) Increased credit for certain small employers.--In 
        the <<NOTE: Applicability.>> case of an employer which would be 
        an eligible employer under subsection (c) if section 
        408(p)(2)(C)(i) was applied by substituting `50 employees' for 
        `100 employees', subsection (a) shall be applied by substituting 
        `100 percent' for `50 percent'.''.

    (b) Additional Credit for Employer Contributions by Certain Small 
Employers.--Section 45E, as amended by subsection (a), is amended by 
adding at the end the following new subsection:
    ``(f) Additional Credit for Employer Contributions by Certain 
Eligible Employers.--
            ``(1) In general.--In the case of an eligible employer, the 
        credit allowed for the taxable year under subsection (a) 
        (determined without regard to this subsection) shall be 
        increased by an amount equal to the applicable percentage of 
        employer contributions (other than any elective deferrals (as 
        defined in section 402(g)(3)) by the employer to an eligible 
        employer plan (other than a defined benefit plan (as defined in 
        section 414(j))).
            ``(2) Limitations.--
                    ``(A) Dollar limitation.--The amount determined 
                under paragraph (1) (before the application of 
                subparagraph (B)) with respect to any employee of the 
                employer shall not exceed $1,000.
                    ``(B) Credit phase-in.--In the case of any eligible 
                employer which had for the preceding taxable year more 
                than 50 employees, the amount determined under paragraph 
                (1) (without regard to this subparagraph) shall be 
                reduced by an amount equal to the product of--
                          ``(i) the amount otherwise so determined under 
                      paragraph (1), multiplied by
                          ``(ii) a percentage equal to 2 percentage 
                      points for each employee of the employer for the 
                      preceding taxable year in excess of 50 employees.
                    ``(C) Wage limitation.--
                          ``(i) In general.--No contributions with 
                      respect to any employee who receives wages from 
                      the employer

[[Page 136 STAT. 5278]]

                      for the taxable year in excess of $100,000 may be 
                      taken into account for such taxable year under 
                      subparagraph (A).
                          ``(ii) Wages.--For purposes of the preceding 
                      sentence, the term `wages' has the meaning given 
                      such term by section 3121(a).
                          ``(iii) Inflation adjustment.--In the case of 
                      any taxable year beginning in a calendar year 
                      after 2023, the $100,000 amount under clause (i) 
                      shall be increased by an amount equal to--
                                    ``(I) such dollar amount, multiplied 
                                by
                                    ``(II) the cost-of-living adjustment 
                                determined under section 1(f)(3) for the 
                                calendar year in which the taxable year 
                                begins, determined by substituting 
                                `calendar year 2007' for `calendar year 
                                2016' in subparagraph (A)(ii) thereof.
                      If any amount as adjusted under this clause is not 
                      a multiple of $5,000, such amount shall be rounded 
                      to the next lowest multiple of $5,000.
            ``(3) Applicable percentage.--For purposes of this section, 
        the applicable percentage for the taxable year during which the 
        eligible employer plan is established with respect to the 
        eligible employer shall be 100 percent, and for taxable years 
        thereafter shall be determined under the following table:
``In the case of the folloThe applicable percentage shall be: 
        taxable year beginning after 
        the taxable year during 
        which plan is established 
        with respect to the eligible 
        employer: 
        1st.....................................................    100%
        2nd.....................................................     75%
        3rd.....................................................     50%
        4th.....................................................     25%
        Any taxable year thereafter.............................      0%


            ``(4) Determination of eligible employer; number of 
        employees.--For <<NOTE: Applicability.>> purposes of this 
        subsection, whether an employer is an eligible employer and the 
        number of employees of an employer shall be determined under the 
        rules of subsection (c), except that paragraph (2) thereof shall 
        only apply to the taxable year during which the eligible 
        employer plan to which this section applies is established with 
        respect to the eligible employer.''.

    (c) Disallowance of Deduction.--Section 45E(e)(2) is amended to read 
as follows:
            ``(2) Disallowance of deduction.--No deduction shall be 
        allowed--
                    ``(A) for that portion of the qualified startup 
                costs paid or incurred for the taxable year which is 
                equal to so much of the portion of the credit determined 
                under subsection (a) as is properly allocable to such 
                costs, and
                    ``(B) for that portion of the employer contributions 
                by the employer for the taxable year which is equal to 
                so much of the credit increase determined under 
                subsection (f) as is properly allocable to such 
                contributions.''.

    (d) <<NOTE: 26 USC 45E note.>> Effective Date.--The amendments made 
by this section shall apply to taxable years beginning after December 
31, 2022.

[[Page 136 STAT. 5279]]

SEC. 103. SAVER'S MATCH.

    (a) In General.--Subchapter B of chapter 65 is amended by adding at 
the end the following new section:
``SEC. <<NOTE: 26 USC 6433.>>  6433. SAVER'S MATCH.

    ``(a) In General.--
            ``(1) Allowance of match.--Any eligible individual who makes 
        qualified retirement savings contributions for the taxable year 
        shall be allowed a matching contribution for such taxable year 
        in an amount equal to the applicable percentage of so much of 
        the qualified retirement savings contributions made by such 
        eligible individual for the taxable year as does not exceed 
        $2,000.
            ``(2) Payment of match.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), the matching contribution under this 
                section shall be allowed as a credit which shall be 
                payable by the Secretary as a contribution (as soon as 
                practicable after the eligible individual has filed a 
                tax return making a claim for such matching contribution 
                for the taxable year) to the applicable retirement 
                savings vehicle of the eligible individual.
                    ``(B) Exception.--In the case of an eligible 
                individual who elects the application of this 
                subparagraph and with respect to whom the matching 
                contribution determined under paragraph (1) is greater 
                than zero but less than $100 for the taxable year, 
                subparagraph (A) shall not apply and such matching 
                contribution shall be treated as a credit allowed by 
                subpart C of part IV of subchapter A of chapter 1.

    ``(b) Applicable Percentage.--For purposes of this section--
            ``(1) In general.--Except as provided in paragraph (2), the 
        applicable percentage is 50 percent.
            ``(2) Phaseout.--The percentage under paragraph (1) shall be 
        reduced (but not below zero) by the number of percentage points 
        which bears the same ratio to 50 percentage points as--
                    ``(A) the excess of--
                          ``(i) the taxpayer's modified adjusted gross 
                      income for such taxable year, over
                          ``(ii) the applicable dollar amount, bears to
                    ``(B) the phaseout range.
        If any reduction determined under this paragraph is not a whole 
        percentage point, such reduction shall be rounded to the next 
        lowest whole percentage point.
            ``(3) Applicable dollar amount; phaseout range.--
                    ``(A) Joint returns and surviving spouses.--Except 
                as provided in subparagraph (B)--
                          ``(i) the applicable dollar amount is $41,000, 
                      and
                          ``(ii) the phaseout range is $30,000.
                    ``(B) Other returns.--In the case of--
                          ``(i) a head of a household (as defined in 
                      section 2(b)), the applicable dollar amount and 
                      the phaseout range shall be \3/4\ of the amounts 
                      applicable under subparagraph (A) (as adjusted 
                      under subsection (h)), and

[[Page 136 STAT. 5280]]

                          ``(ii) any taxpayer who is not filing a joint 
                      return, who is not a head of a household (as so 
                      defined), and who is not a surviving spouse (as 
                      defined in section 2(a)), the applicable dollar 
                      amount and the phaseout range shall be \1/2\ of 
                      the amounts applicable under subparagraph (A) (as 
                      so adjusted).

    ``(c) <<NOTE: Definition.>>  Eligible Individual.--For purposes of 
this section--
            ``(1) In general.--The term `eligible individual' means any 
        individual if such individual has attained the age of 18 as of 
        the close of the taxable year.
            ``(2) Dependents and full-time students not eligible.--The 
        term `eligible individual' shall not include--
                    ``(A) any individual with respect to whom a 
                deduction under section 151 is allowed to another 
                taxpayer for a taxable year beginning in the calendar 
                year in which such individual's taxable year begins, and
                    ``(B) any individual who is a student (as defined in 
                section 152(f)(2)).
            ``(3) Nonresident aliens not eligible.--The term `eligible 
        individual' shall not include any individual who is a 
        nonresident alien individual for any portion of the taxable year 
        unless such individual is treated for such taxable year as a 
        resident of the United States for purposes of chapter 1 by 
        reason of an election under subsection (g) or (h) of section 
        6013.

    ``(d) Qualified Retirement Savings Contributions.--For purposes of 
this section--
            ``(1) <<NOTE: Definition.>> In general.--The term `qualified 
        retirement savings contributions' means, with respect to any 
        taxable year, the sum of--
                    ``(A) the amount of the qualified retirement 
                contributions (as defined in section 219(e)) made by the 
                eligible individual,
                    ``(B) the amount of--
                          ``(i) any elective deferrals (as defined in 
                      section 402(g)(3)) of such individual, and
                          ``(ii) any elective deferral of compensation 
                      by such individual under an eligible deferred 
                      compensation plan (as defined in section 457(b)) 
                      of an eligible employer described in section 
                      457(e)(1)(A), and
                    ``(C) the amount of voluntary employee contributions 
                by such individual to any qualified retirement plan (as 
                defined in section 4974(c)).
        Such term shall not include any amount attributable to a payment 
        under subsection (a)(2).
            ``(2) Reduction for certain distributions.--
                    ``(A) In general.--The qualified retirement savings 
                contributions determined under paragraph (1) for a 
                taxable year shall be reduced (but not below zero) by 
                the aggregate distributions received by the individual 
                during the testing period from any entity of a type to 
                which contributions under paragraph (1) may be made.
                    ``(B) Testing period.--For purposes of subparagraph 
                (A), the testing period, with respect to a taxable year, 
                is the period which includes--
                          ``(i) such taxable year,
                          ``(ii) the 2 preceding taxable years, and

[[Page 136 STAT. 5281]]

                          ``(iii) the period after such taxable year and 
                      before the due date (including extensions) for 
                      filing the return of tax for such taxable year.
                    ``(C) Excepted distributions.--There shall not be 
                taken into account under subparagraph (A)--
                          ``(i) any distribution referred to in section 
                      72(p), 401(k)(8), 401(m)(6), 402(g)(2), 404(k), or 
                      408(d)(4),
                          ``(ii) any distribution to which section 
                      408(d)(3) or 408A(d)(3) applies, and
                          ``(iii) any portion of a distribution if such 
                      portion is transferred or paid in a rollover 
                      contribution (as defined in section 402(c), 
                      403(a)(4), 403(b)(8), 408A(e), or 457(e)(16)) to 
                      an account or plan to which qualified retirement 
                      savings contributions can be made.
                    ``(D) Treatment of distributions received by spouse 
                of individual.--For purposes of determining 
                distributions received by an individual under 
                subparagraph (A) for any taxable year, any distribution 
                received by the spouse of such individual shall be 
                treated as received by such individual if such 
                individual and spouse file a joint return for such 
                taxable year and for the taxable year during which the 
                spouse receives the distribution.

    ``(e) Applicable Retirement Savings Vehicle.--
            ``(1) <<NOTE: Definition.>> In general.--The term 
        `applicable retirement savings vehicle' means an account or plan 
        elected by the eligible individual under paragraph (2).
            ``(2) Election.--Any such election to have contributed the 
        amount determined under subsection (a) shall be to an account or 
        plan which--
                    ``(A) is--
                          ``(i) the portion of a plan which--
                                    ``(I) is described in clause (v) of 
                                section 402(c)(8)(B), is a qualified 
                                cash or deferred arrangement (within the 
                                meaning of section 401(k)), or is an 
                                annuity contract described in section 
                                403(b) which is purchased under a salary 
                                reduction agreement, and
                                    ``(II) does not consist of a 
                                qualified Roth contribution program (as 
                                defined in section 402A(b)), or
                          ``(ii) an individual retirement plan which is 
                      not a Roth IRA,
                    ``(B) is for the benefit of the eligible individual,
                    ``(C) accepts contributions made under this section, 
                and
                    ``(D) is designated by such individual (in such form 
                and manner as the Secretary may provide).

    ``(f) Other Definitions and Special Rules.--
            ``(1) Modified adjusted gross income.--For purposes of this 
        section, the term `modified adjusted gross income' means 
        adjusted gross income--
                    ``(A) determined without regard to sections 911, 
                931, and 933, and
                    ``(B) determined without regard to any exclusion or 
                deduction allowed for any qualified retirement savings 
                contribution made during the taxable year.

[[Page 136 STAT. 5282]]

            ``(2) Treatment of contributions.--In the case of any 
        contribution under subsection (a)(2)--
                    ``(A) except as otherwise provided in this section 
                or by the Secretary under regulations, such contribution 
                shall be treated as--
                          ``(i) an elective deferral made by the 
                      individual, if contributed to an applicable 
                      retirement savings vehicle described in subsection 
                      (e)(2)(A)(i), or
                          ``(ii) as an individual retirement plan 
                      contribution made by such individual, if 
                      contributed to such a plan,
                    ``(B) such contribution shall not be taken into 
                account with respect to any applicable limitation under 
                sections 402(g)(1), 403(b), 408(a)(1), 408(b)(2)(B), 
                408A(c)(2), 414(v)(2), 415(c), or 457(b)(2), and shall 
                be disregarded for purposes of sections 401(a)(4), 
                401(k)(3), 401(k)(11)(B)(i)(III), and 416, and
                    ``(C) such contribution shall not be treated as an 
                amount that may be paid, made available, or 
                distributable to the participant under section 
                401(k)(2)(B)(i)(IV), 403(b)(7)(A)(i)(V), or 
                457(d)(1)(A)(iii).
            ``(3) Treatment of qualified plans, etc.--A plan or 
        arrangement to which a contribution is made under this section 
        shall not be treated as violating any requirement under section 
        401, 403, 408, or 457 solely by reason of accepting such 
        contribution.
            ``(4) Erroneous matching contributions.--
                    ``(A) <<NOTE: Determination.>>  In general.--If any 
                contribution is erroneously paid under subsection 
                (a)(2), including a payment that is not made to an 
                applicable retirement savings vehicle, the amount of 
                such erroneous payment shall be treated as an 
                underpayment of tax (other than for purposes of part II 
                of subchapter A of chapter 68) for the taxable year in 
                which the Secretary determines the payment is erroneous.
                    ``(B) Distribution of erroneous matching 
                contributions.--In the case of a contribution to which 
                subparagraph (A) applies--
                          ``(i) <<NOTE: Deadline.>> section 402(a), 
                      403(a)(1), 403(b)(1), 408(d)(1), or 457(a)(1), 
                      whichever is applicable, shall not apply to any 
                      distribution of such contribution, and section 
                      72(t) shall not apply to the distribution of such 
                      contribution or any income attributable thereto, 
                      if such distribution is received not later than 
                      the day prescribed by law (including extensions of 
                      time) for filing the individual's return for such 
                      taxable year, and
                          ``(ii) any plan or arrangement from which such 
                      a distribution is made under this subparagraph 
                      shall not be treated as violating any requirement 
                      under section 401, 403, or 457 solely by reason of 
                      making such distribution.
            ``(5) Exception from reduction or offset.--Any payment made 
        to any individual under this section shall not be--
                    ``(A) subject to reduction or offset pursuant to 
                subsection (c), (d), (e), or (f) of section 6402 or any 
                similar authority permitting offset, or
                    ``(B) reduced or offset by other assessed Federal 
                taxes that would otherwise be subject to levy or 
                collection.

[[Page 136 STAT. 5283]]

            ``(6) Saver's match recovery payments.--
                    ``(A) In general.--In the case of an applicable 
                retirement savings vehicle to which contributions have 
                been made under subsection (a)(2), and from which a 
                specified early distribution has been made during the 
                taxable year, if the aggregate amount of such 
                contributions exceeds the account balance of such 
                savings vehicle at the end of the such taxable year, the 
                tax imposed by chapter 1 shall be increased by an amount 
                equal to such excess (reduced by the amount by which the 
                tax under such chapter was increased under section 
                72(t)(1) with respect to such distribution).
                    ``(B) Specified early distribution.--For purposes of 
                this paragraph, the term `specified early distribution' 
                means any portion of a distribution--
                          ``(i) which is from such applicable retirement 
                      savings vehicle to which a contribution has been 
                      made under subsection (a)(2),
                          ``(ii) which is includible in gross income, 
                      and
                          ``(iii) to which 72(t)(1) applies.
                    ``(C) Excess may be repaid.--
                          ``(i) In general.--The increase in tax for any 
                      taxable year under subparagraph (A) shall be 
                      reduced (but not below zero) by so much of such 
                      specified early distribution as the individual 
                      elects to contribute to an applicable retirement 
                      savings vehicle not later than the day prescribed 
                      by law (including extensions of time) for filing 
                      such individual's return for such taxable year.
                          ``(ii) Contribution of excess.--Any individual 
                      who elects to contribute an amount under clause 
                      (i) may make one or more contributions in an 
                      aggregate amount not to exceed the amount of the 
                      specified early distribution to which the election 
                      relates to an applicable retirement savings 
                      vehicle and to which a rollover contribution of 
                      such distribution could be made under section 
                      402(c), 403(b)(8), 408(d)(3), or 457(e)(16), as 
                      the case may be.
                          ``(iii) Limitation on contributions to 
                      applicable retirement savings vehicle other than 
                      iras.--The aggregate amount of contributions made 
                      by an individual under clause (ii) to any 
                      applicable savings retirement vehicle which is not 
                      an individual retirement plan shall not exceed the 
                      aggregate amount of specified early retirement 
                      distributions which are made from such savings 
                      retirement vehicle to such individual. Clause (ii) 
                      shall not apply to contributions to any applicable 
                      retirement savings vehicle which is not an 
                      individual retirement plan unless the individual 
                      is eligible to make contributions (other than 
                      those described in clause (ii)) to such retirement 
                      savings vehicle.
                          ``(iv) Treatment of repayments of 
                      distributions from applicable eligible retirement 
                      plans other than iras.--If 
                      a <<NOTE: Deadline.>> contribution is made under 
                      clause (ii) with respect to a specified early 
                      distribution from an applicable savings retirement 
                      vehicle other than

[[Page 136 STAT. 5284]]

                      an individual retirement plan, then the taxpayer 
                      shall, to the extent of the amount of the 
                      contribution, be treated as having received such 
                      distribution in an eligible rollover distribution 
                      (as defined in section 402(c)(4)) and as having 
                      transferred the amount to the savings retirement 
                      vehicle in a direct trustee to trustee transfer 
                      within 60 days of the distribution.
                          ``(v) Treatment of repayments for 
                      distributions from iras.--If 
                      a <<NOTE: Deadline.>> contribution is made under 
                      clause (ii) with respect to a specified early 
                      distribution from an individual retirement plan, 
                      then, to the extent of the amount of the 
                      contribution, such distribution shall be treated 
                      as a distribution described in section 408(d)(3) 
                      and as having been transferred to the applicable 
                      retirement savings vehicle in a direct trustee to 
                      trustee transfer within 60 days of the 
                      distribution.
                    ``(D) Rules to account for investment loss.--The 
                Secretary shall prescribe such rules as may be 
                appropriate to reduce any increase in tax otherwise made 
                under subparagraph (A) to properly account for the 
                extent to which any portion of the excess described in 
                such subparagraph is allocable to investment loss in the 
                retirement savings vehicle.

    ``(g) Provision by Secretary of Information Relating to 
Contributions.--In the case of an amount elected by an eligible 
individual to be contributed to an account or plan under subsection 
(e)(2), the Secretary shall provide general guidance applicable to the 
custodian of the account or the plan sponsor, as the case may be, 
detailing the treatment of such contribution under subsection (f)(2) and 
the reporting requirements with respect to such contribution under 
section 6058, particularly as such requirements are modified pursuant to 
section 102(c)(2) of the SECURE 2.0 Act of 2022.
    ``(h) Inflation Adjustments.--
            ``(1) In general.--In the case of any taxable year beginning 
        in a calendar year after 2027, the $41,000 amount in subsection 
        (b)(3)(A)(i) shall be increased by an amount equal to--
                    ``(A) such dollar amount, multiplied by
                    ``(B) the cost-of-living adjustment determined under 
                section 1(f)(3) for the calendar year in which the 
                taxable year begins, determined by substituting 
                `calendar year 2026' for `calendar year 2016' in 
                subparagraph (A)(ii) thereof.
            ``(2) Rounding.--Any increase determined under paragraph (1) 
        shall be rounded to the nearest multiple of $1,000.''.

    (b) <<NOTE: 26 USC 6433 note.>>  Treatment of Certain Possessions.--
            (1) Payments to possessions with mirror code tax systems.--
        The Secretary of the Treasury shall pay to each possession of 
        the United States which has a mirror code tax system amounts 
        equal to the loss (if any) to that possession by reason of the 
        amendments made by this section. <<NOTE: Determination.>> Such 
        amounts shall be determined by the Secretary of the Treasury 
        based on information provided by the government of the 
        respective possession.
            (2) Payments to other possessions.--The Secretary of the 
        Treasury shall pay to each possession of the United States

[[Page 136 STAT. 5285]]

        which does not have a mirror code tax system amounts estimated 
        by the Secretary of the Treasury as being equal to the aggregate 
        benefits (if any) that would have been provided to eligible 
        residents of such possession by reason of the amendments made by 
        this section if a mirror code tax system had been in effect in 
        such possession. The preceding sentence shall not apply unless 
        the respective possession has a process, which has been approved 
        by the Secretary of the Treasury, under which such possession 
        promptly transfers the payments directly on behalf of eligible 
        residents to a retirement savings vehicle established under the 
        laws of such possession or the United States that is 
        substantially similar to a plan, or is a plan, described in 
        clause (iii), (iv), (v), or (vi) of section 402(c)(8)(B) of the 
        Internal Revenue Code of 1986 or an individual retirement plan, 
        and the restrictions on distributions from such retirement 
        savings vehicle are substantially similar to the provisions of 
        section 6433(d)(2) of such Code (as added by this section).
            (3) Coordination with united states saver's match.--No 
        matching contribution shall be allowed under section 6433 of the 
        Internal Revenue Code of 1986 (as added by this section) to any 
        person--
                    (A) to whom a matching contribution is paid by the 
                possession by reason of the amendments made by this 
                section, or
                    (B) who is eligible for a payment under a plan 
                described in paragraph (2).
            (4) Mirror code tax system.--For purposes of this 
        subsection, the term ``mirror code tax system'' means, with 
        respect to any possession of the United States, the income tax 
        system of such possession if the income tax liability of the 
        residents of such possession under such system is determined by 
        reference to the income tax laws of the United States as if such 
        possession were the United States.
            (5) Treatment of payments.--For purposes of section 1324 of 
        title 31, United States Code, the payments under this subsection 
        shall be treated in the same manner as a refund due from a 
        credit provision referred to in subsection (b)(2) of such 
        section.

    (c) Administrative Provisions.--
            (1) Deficiencies.--Section 6211(b)(4) <<NOTE: 26 USC 
        6211.>>  is amended by striking ``and 7527A'' and inserting 
        ``7527A, and 6433''.
            (2) <<NOTE: 26 USC 6058 note.>>  Reporting.--The Secretary 
        of the Treasury shall amend the forms relating to reports 
        required under section 6058 of the Internal Revenue Code of 1986 
        to require--
                    (A) separate reporting of the aggregate amount of 
                contributions received by the plan during the year under 
                section 6433 of the Internal Revenue Code of 1986 (as 
                added by this section), and
                    (B) similar reporting with respect to individual 
                retirement accounts (as defined in section 408 of such 
                Code) and individual retirement annuities (as defined in 
                section 408(b) of such Code).

    (d) Payment Authority.--Section 1324(b)(2) of title 31, United 
States Code, is amended by striking ``or 7527A'' and inserting ``7527A, 
or 6433''.
    (e) Conforming Amendments.--

[[Page 136 STAT. 5286]]

            (1) Paragraph (1) of section 25B(d) <<NOTE: 26 USC 25B.>>  
        is amended by striking ``the sum of--'' and all that follows 
        through ``the amount of contributions made before January 1, 
        2026'' and inserting ``the amount of contributions made before 
        January 1, 2026''.
            (2) The table of sections for subchapter B of <<NOTE: 26 USC 
        prec. 6411.>> chapter 65 is amended by adding at the end the 
        following new item:

``Sec. 6433. Saver's Match.''.

    (f) <<NOTE: 26 USC 6433 note.>> Effective Date.--The amendments made 
by this section shall apply to taxable years beginning after December 
31, 2026.
SEC. 104. PROMOTION OF SAVER'S MATCH.

    (a) <<NOTE: 26 USC 6433 note.>> In General.--The Secretary of the 
Treasury shall take such steps as the Secretary determines are necessary 
and appropriate to increase public awareness of the matching 
contribution provided under section 6433 of the Internal Revenue Code of 
1986.

    (b) Report to Congress.--
            (1) In general.--Not later than July 1, 2026, the Secretary 
        shall provide a report to Congress to summarize the anticipated 
        promotion efforts of the Treasury under subsection (a).
            (2) Contents.--Such report shall include--
                    (A) a description of plans for--
                          (i) the development and distribution of 
                      digital and print materials, including the 
                      distribution of such materials to States for 
                      participants in State facilitated retirement 
                      savings programs,
                          (ii) the translation of such materials into 
                      the 10 most commonly spoken languages in the 
                      United States after English (as determined by 
                      reference to the most recent American Community 
                      Survey of the Bureau of the Census), and
                          (iii) communicating the adverse consequences 
                      of early withdrawal from an applicable retirement 
                      savings vehicle to which a matching contribution 
                      has been paid under section 6333(a)(2) of the 
                      Internal Revenue Code of 1986, including the 
                      operation of the Saver's Match Recovery Payment 
                      rules under section 6433(f)(6) of such Code and 
                      associated early withdrawal penalties, and
                    (B) such other information as the Secretary 
                determines is necessary.
SEC. 105. POOLED EMPLOYER PLANS MODIFICATION.

    (a) In General.--Section 3(43)(B)(ii) of the Employee Retirement 
Income Security Act of 1974 (29 U.S.C. 1002(43)(B)(ii)) is amended to 
read as follows:
                          ``(ii) designate a named fiduciary (other than 
                      an employer in the plan) to be responsible for 
                      collecting contributions to the plan and require 
                      such fiduciary to implement written contribution 
                      collection procedures that are reasonable, 
                      diligent, and systematic;''.

    (b) <<NOTE: 29 USC 1002 note.>> Effective Date.--The amendments made 
by this section shall apply to plan years beginning after December 31, 
2022.
SEC. 106. MULTIPLE EMPLOYER 403(b) PLANS.

    (a) In General.--Section 403(b) <<NOTE: 26 USC 403.>> is amended by 
adding at the end the following new paragraph:
            ``(15) Multiple employer plans.--

[[Page 136 STAT. 5287]]

                    ``(A) In general.--Except in the case of a church 
                plan, this subsection shall not be treated as failing to 
                apply to an annuity contract solely by reason of such 
                contract being purchased under a plan maintained by more 
                than 1 employer.
                    ``(B) Treatment of employers failing to meet 
                requirements of plan.--
                          ``(i) In general.--In the case of a plan 
                      maintained by more than 1 employer, this 
                      subsection shall not be treated as failing to 
                      apply to an annuity contract held under such plan 
                      merely because of one or more employers failing to 
                      meet the requirements of this subsection if such 
                      plan satisfies rules similar to the rules of 
                      section 413(e)(2) with respect to any such 
                      employer failure.
                          ``(ii) Additional requirements in case of non-
                      governmental plans.--A plan shall not be treated 
                      as meeting the requirements of this subparagraph 
                      unless the plan satisfies rules similar to the 
                      rules of subparagraph (A) or (B) of section 
                      413(e)(1), except in the case of a multiple 
                      employer plan maintained solely by any of the 
                      following: A State, a political subdivision of a 
                      State, or an agency or instrumentality of any one 
                      or more of the foregoing.''.

    (b) Annual Registration for 403(b) Multiple Employer Plan.--Section 
6057 <<NOTE: 26 USC 6057.>>  is amended by redesignating subsection (g) 
as subsection (h) and by inserting after subsection (f) the following 
new subsection:

    ``(g) 403(b) Multiple Employer Plans Treated as One Plan.--
In <<NOTE: Applicability.>> the case of annuity contracts to which this 
section applies and to which section 403(b) applies by reason of the 
plan under which such contracts are purchased meeting the requirements 
of paragraph (15) thereof, such plan shall be treated as a single plan 
for purposes of this section.''.

    (c) Annual Information Returns for 403(b) Multiple Employer Plan.--
Section 6058 is amended by redesignating subsection (f) as subsection 
(g) and by inserting after subsection (e) the following new subsection:
    ``(f) 403(b) Multiple Employer Plans Treated as One Plan.--
In <<NOTE: Applicability.>> the case of annuity contracts to which this 
section applies and to which section 403(b) applies by reason of the 
plan under which such contracts are purchased meeting the requirements 
of paragraph (15) thereof, such plan shall be treated as a single plan 
for purposes of this section.''.

    (d) Amendments to Employee Retirement Income Security Act of 1974.--
            (1) In general.--Section 3(43)(A) of the Employee Retirement 
        Income Security Act of 1974 <<NOTE: 29 USC 1002.>>  is amended--
                    (A) in clause (ii), by striking ``section 501(a) of 
                such Code or'' and inserting ``section 501(a) of such 
                Code, a plan that consists of annuity contracts 
                described in section 403(b) of such Code, or''; and
                    (B) in the flush text at the end following clause 
                (iii), by striking ``the plan.'' and inserting ``the 
                plan, but such term shall include any plan (other than a 
                plan excepted from the application of this title by 
                section 4(b)(2)) maintained for the benefit of the 
                employees of more than 1

[[Page 136 STAT. 5288]]

                employer that consists of annuity contracts described in 
                section 403(b) of such Code and that meets the 
                requirements of subparagraph (B) of section 413(e)(1) of 
                such Code.''.
            (2) Conforming amendments.--Sections 3(43)(B)(v)(II) and 
        3(44)(A)(i)(I) of the Employee Retirement Income Security Act of 
        1974 <<NOTE: 29 USC 1002.>>  are each amended by striking 
        ``section 401(a) of such Code or'' and inserting ``section 
        401(a) of such Code, a plan that consists of annuity contracts 
        described in section 403(b) of such Code, or''.

    (e) Regulations Relating to Employer Failure to Meet Multiple 
Employer Plan Requirements.--The <<NOTE: Applicability. 26 USC 403 
note.>> Secretary of the Treasury (or the Secretary's delegate) shall 
prescribe such regulations as may be necessary to clarify, in the case 
of plans to which section 403(b)(15) of the Internal Revenue Code of 
1986 applies, the treatment of an employer departing such plan in 
connection with such employer's failure to meet multiple employer plan 
requirements.

    (f) <<NOTE: 26 USC 413 note.>> Modification of Model Plan Language, 
etc.--
            (1) Plan notifications.--The Secretary of the Treasury (or 
        the Secretary's delegate), in consultation with the Secretary of 
        Labor, shall modify the model plan language published under 
        section 413(e)(5) of the Internal Revenue Code of 1986 to 
        include language that requires participating employers be 
        notified that the plan is subject to the Employee Retirement 
        Income Security Act of 1974 and that such employer is a plan 
        sponsor with respect to its employees participating in the 
        multiple employer plan and, as such, has certain fiduciary 
        duties with respect to the plan and to its employees.
            (2) Model plans for multiple employer 403(b) plans.--For 
        plans to which section 403(b)(15)(A) of the Internal Revenue 
        Code of 1986 applies (other than a plan maintained for its 
        employees by a State, a political subdivision of a State, or an 
        agency or instrumentality of any one or more of the foregoing), 
        the Secretary of the Treasury (or the Secretary's delegate), in 
        consultation with the Secretary of Labor, shall publish model 
        plan language similar to model plan language published under 
        section 413(e)(5) of such Code.
            (3) Educational outreach to employers exempt from tax.--The 
        Secretary of the Treasury (or the Secretary's delegate), in 
        consultation with the Secretary of Labor, shall provide 
        education and outreach to increase awareness to employers 
        described in section 501(c)(3) of the Internal Revenue Code of 
        1986, and which are exempt from tax under section 501(a) of such 
        Code, that multiple employer plans are subject to the Employee 
        Retirement Income Security Act of 1974 and that such employer is 
        a plan sponsor with respect to its employees participating in 
        the multiple employer plan and, as such, has certain fiduciary 
        duties with respect to the plan and to its employees.

    (g) No Inference With Respect to Church Plans.--Regarding 
any <<NOTE: 26 USC 403 note.>> application of section 403(b) of the 
Internal Revenue Code of 1986 to an annuity contract purchased under a 
church plan (as defined in section 414(e) of such Code) maintained by 
more than 1 employer, or to any application of rules similar to section 
413(e) of such Code to such a plan, no inference shall

[[Page 136 STAT. 5289]]

be made from section 403(b)(15)(A) of such Code (as added by this Act) 
not applying to such plans.

    (h) Effective Date.--
            (1) <<NOTE: 26 USC 403 note.>> In general.--The amendments 
        made by this section shall apply to plan years beginning after 
        December 31, 2022.
            (2) <<NOTE: 26 USC 403 note.>> Rule of construction.--
        Nothing in the amendments made by subsection (a) shall be 
        construed as limiting the authority of the Secretary of the 
        Treasury or the Secretary's delegate (determined without regard 
        to such amendment) to provide for the proper treatment of a 
        failure to meet any requirement applicable under the Internal 
        Revenue Code of 1986 with respect to one employer (and its 
        employees) in the case of a plan to which section 403(b)(15) of 
        the Internal Revenue Code of 1986 applies.
SEC. 107. INCREASE IN AGE FOR REQUIRED BEGINNING DATE FOR 
                        MANDATORY DISTRIBUTIONS.

    (a) In General.--Section 401(a)(9)(C)(i)(I) <<NOTE: 26 USC 401.>> is 
amended by striking ``age 72'' and inserting ``the applicable age''.

    (b) Spouse Beneficiaries; Special Rule for Owners.--Subparagraphs 
(B)(iv)(I) and (C)(ii)(I) of section 401(a)(9) are each amended by 
striking ``age 72'' and inserting ``the applicable age''.
    (c) Applicable Age.--Section 401(a)(9)(C) is amended by adding at 
the end the following new clause:
                          ``(v) Applicable age.--
                                    ``(I) In the case of an individual 
                                who attains age 72 after December 31, 
                                2022, and age 73 before January 1, 2033, 
                                the applicable age is 73.
                                    ``(II) In the case of an individual 
                                who attains age 74 after December 31, 
                                2032, the applicable age is 75.''.

    (d) Conforming Amendments.--The last sentence of section 408(b) is 
amended by striking ``age 72'' and inserting ``the applicable age 
(determined under section 401(a)(9)(C)(v) for the calendar year in which 
such taxable year begins)''.
    (e) <<NOTE: 26 USC 401 note.>>  Effective Date.--The amendments made 
by this section shall apply to distributions required to be made after 
December 31, 2022, with respect to individuals who attain age 72 after 
such date.
SEC. 108. INDEXING IRA CATCH-UP LIMIT.

    (a) In General.--Subparagraph (C) of section 219(b)(5) is amended by 
adding at the end the following new clause:
                          ``(iii) Indexing of catch-up limitation.--In 
                      the case of any taxable year beginning in a 
                      calendar year after 2023, the $1,000 amount under 
                      subparagraph (B)(ii) shall be increased by an 
                      amount equal to--
                                    ``(I) such dollar amount, multiplied 
                                by
                                    ``(II) the cost-of-living adjustment 
                                determined under section 1(f)(3) for the 
                                calendar year in which the taxable year 
                                begins, determined by substituting 
                                `calendar year 2022' for `calendar year 
                                2016' in subparagraph (A)(ii) thereof.
                      If any amount after adjustment under the preceding 
                      sentence is not a multiple of $100, such amount 
                      shall be rounded to the next lower multiple of 
                      $100.''.

    (b) <<NOTE: 26 USC 219 note.>>  Effective Date.--The amendments made 
by this section shall apply to taxable years beginning after December 
31, 2023.

[[Page 136 STAT. 5290]]

SEC. 109. HIGHER CATCH-UP LIMIT TO APPLY AT AGE 60, 61, 62, AND 
                        63.

    (a) In General.--
            (1) Plans other than simple plans.--Section 414(v)(2)(B)(i) 
        is amended by inserting the following before the period: ``(the 
        adjusted dollar amount, in the case of an eligible participant 
        who would attain age 60 but would not attain age 64 before the 
        close of the taxable year)''.
            (2) Simple plans.--Section 414(v)(2)(B)(ii) is amended by 
        inserting the following before the period: ``(the adjusted 
        dollar amount, in the case of an eligible participant who would 
        attain age 60 but would not attain age 64 before the close of 
        the taxable year)''.

    (b) Adjusted Dollar Amount.--Section 414(v)(2) is amended by adding 
at the end the following new subparagraph:
                    ``(E) Adjusted dollar amount.--For purposes of 
                subparagraph (B), the adjusted dollar amount is--
                          ``(i) in the case of clause (i) of 
                      subparagraph (B), the greater of--
                                    ``(I) $10,000, or
                                    ``(II) an amount equal to 150 
                                percent of the dollar amount which would 
                                be in effect under such clause for 2024 
                                for eligible participants not described 
                                in the parenthetical in such clause, or
                          ``(ii) in the case of clause (ii) of 
                      subparagraph (B), the greater of--
                                    ``(I) $5,000, or
                                    ``(II) an amount equal to equal to 
                                150 percent of the dollar amount which 
                                would be in effect under such clause for 
                                2025 for eligible participants not 
                                described in the parenthetical in such 
                                clause.''.

    (c) Cost-of-living Adjustments.--Subparagraph (C) of section 
414(v)(2) is amended by adding at the end the 
following: <<NOTE: Effective date.>>  ``In the case of a year beginning 
after December 31, 2025, the Secretary shall adjust annually the 
adjusted dollar amounts applicable under clauses (i) and (ii) of 
subparagraph (E) for increases in the cost-of-living at the same time 
and in the same manner as adjustments under the preceding sentence; 
except that the base period taken into account shall be the calendar 
quarter beginning July 1, 2024.''.

    (d) <<NOTE: 26 USC 414 note.>> Effective Date.--The amendments made 
by this section shall apply to taxable years beginning after December 
31, 2024.
SEC. 110. TREATMENT OF STUDENT LOAN PAYMENTS AS ELECTIVE DEFERRALS 
                        FOR PURPOSES OF MATCHING CONTRIBUTIONS.

    (a) In General.--Subparagraph (A) of section 401(m)(4) is amended by 
striking ``and'' at the end of clause (i), by striking the period at the 
end of clause (ii) and inserting ``, and'', and by adding at the end the 
following new clause:
                          ``(iii) subject to the requirements of 
                      paragraph (14), any employer contribution made to 
                      a defined contribution plan on behalf of an 
                      employee on account of a qualified student loan 
                      payment.''.

    (b) <<NOTE: Definitions.>> Qualified Student Loan Payment.--
Paragraph (4) of section 401(m) is amended by adding at the end the 
following new subparagraph:

[[Page 136 STAT. 5291]]

                    ``(D) Qualified student loan payment.--The term 
                `qualified student loan payment' means a payment made by 
                an employee in repayment of a qualified education loan 
                (as defined in section 221(d)(1)) incurred by the 
                employee to pay qualified higher education expenses, but 
                only--
                          ``(i) to the extent such payments in the 
                      aggregate for the year do not exceed an amount 
                      equal to--
                                    ``(I) the limitation applicable 
                                under section 402(g) for the year (or, 
                                if lesser, the employee's compensation 
                                (as defined in section 415(c)(3)) for 
                                the year), reduced by
                                    ``(II) the elective deferrals made 
                                by the employee for such year, and
                          ``(ii) if the employee certifies annually to 
                      the employer making the matching contribution 
                      under this paragraph that such payment has been 
                      made on such loan.
                For purposes of this subparagraph, the term `qualified 
                higher education expenses' means the cost of attendance 
                (as defined in section 472 of the Higher Education Act 
                of 1965, as in effect on the day before the date of the 
                enactment of the Taxpayer Relief Act of 1997) at an 
                eligible educational institution (as defined in section 
                221(d)(2)).''.

    (c) Matching Contributions for Qualified Student Loan Payments.--
Section 401(m) <<NOTE: 26 USC 401.>>  is amended by redesignating 
paragraph (13) as paragraph (14), and by inserting after paragraph (12) 
the following new paragraph:
            ``(13) Matching contributions for qualified student loan 
        payments.--
                    ``(A) In general.--For purposes of paragraph 
                (4)(A)(iii), an employer contribution made to a defined 
                contribution plan on account of a qualified student loan 
                payment shall be treated as a matching contribution for 
                purposes of this title if--
                          ``(i) the plan provides matching contributions 
                      on account of elective deferrals at the same rate 
                      as contributions on account of qualified student 
                      loan payments,
                          ``(ii) the plan provides matching 
                      contributions on account of qualified student loan 
                      payments only on behalf of employees otherwise 
                      eligible to receive matching contributions on 
                      account of elective deferrals,
                          ``(iii) under the plan, all employees eligible 
                      to receive matching contributions on account of 
                      elective deferrals are eligible to receive 
                      matching contributions on account of qualified 
                      student loan payments, and
                          ``(iv) the plan provides that matching 
                      contributions on account of qualified student loan 
                      payments vest in the same manner as matching 
                      contributions on account of elective deferrals.
                    ``(B) Treatment for purposes of nondiscrimination 
                rules, etc.--
                          ``(i) Nondiscrimination rules.--For purposes 
                      of subparagraph (A)(iii), subsection (a)(4), and 
                      section 410(b), matching contributions described 
                      in paragraph (4)(A)(iii) shall not fail to be 
                      treated as available to an employee solely because 
                      such employee does not

[[Page 136 STAT. 5292]]

                      have debt incurred under a qualified education 
                      loan (as defined in section 221(d)(1)).
                          ``(ii) Student loan payments not treated as 
                      plan contribution.--Except as provided in clause 
                      (iii), a qualified student loan payment shall not 
                      be treated as a contribution to a plan under this 
                      title.
                          ``(iii) Matching contribution rules.--Solely 
                      for purposes of meeting the requirements of 
                      paragraph (11)(B), (12), or (13) of this 
                      subsection, or paragraph (11)(B)(i)(II), (12)(B), 
                      (13)(D), or (16)(D) of subsection (k), a plan may 
                      treat a qualified student loan payment as an 
                      elective deferral or an elective contribution, 
                      whichever is applicable.
                          ``(iv) Actual deferral percentage testing.--In 
                      determining whether a plan meets the requirements 
                      of subsection (k)(3)(A)(ii) for a plan year, the 
                      plan may apply the requirements of such subsection 
                      separately with respect to all employees who 
                      receive matching contributions described in 
                      paragraph (4)(A)(iii) for the plan year.
                    ``(C) Employer may rely on employee certification.--
                The employer may rely on an employee certification of 
                payment under paragraph (4)(D)(ii).''.

    (d) Simple Retirement Accounts.--Paragraph (2) of section 408(p) 
is <<NOTE: 26 USC 408.>> amended by adding at the end the following new 
subparagraph:
                    ``(F) Matching contributions for qualified student 
                loan payments.--
                          ``(i) In general.--Subject to the rules of 
                      clause (iii), an arrangement shall not fail to be 
                      treated as meeting the requirements of 
                      subparagraph (A)(iii) solely because under the 
                      arrangement, solely for purposes of such 
                      subparagraph, qualified student loan payments are 
                      treated as amounts elected by the employee under 
                      subparagraph (A)(i)(I) to the extent such payments 
                      do not exceed--
                                    ``(I) the applicable dollar amount 
                                under subparagraph (E) (after 
                                application of section 414(v)) for the 
                                year (or, if lesser, the employee's 
                                compensation (as defined in section 
                                415(c)(3)) for the year), reduced by
                                    ``(II) any other amounts elected by 
                                the employee under subparagraph 
                                (A)(i)(I) for the year.
                          ``(ii) <<NOTE: Definitions.>> Qualified 
                      student loan payment.--For purposes of this 
                      subparagraph--
                                    ``(I) In general.--The term 
                                `qualified student loan payment' means a 
                                payment made by an employee in repayment 
                                of a qualified education loan (as 
                                defined in section 221(d)(1)) incurred 
                                by the employee to pay qualified higher 
                                education expenses, but only if the 
                                employee certifies to the employer 
                                making the matching contribution that 
                                such payment has been made on such a 
                                loan.
                                    ``(II) Qualified higher education 
                                expenses.--The term `qualified higher 
                                education expenses' has the same meaning 
                                as when used in section 401(m)(4)(D).

[[Page 136 STAT. 5293]]

                          ``(iii) Applicable rules.--Clause (i) shall 
                      apply to an arrangement only if, under the 
                      arrangement--
                                    ``(I) matching contributions on 
                                account of qualified student loan 
                                payments are provided only on behalf of 
                                employees otherwise eligible to elect 
                                contributions under subparagraph 
                                (A)(i)(I), and
                                    ``(II) all employees otherwise 
                                eligible to participate in the 
                                arrangement are eligible to receive 
                                matching contributions on account of 
                                qualified student loan payments.''.

    (e) 403(b) Plans.--Subparagraph (A) of section 403(b)(12) <<NOTE: 26 
USC 403.>>  is amended by adding at the end the following: ``The fact 
that the employer offers matching contributions on account of qualified 
student loan payments as described in section 401(m)(13) shall not be 
taken into account in determining whether the arrangement satisfies the 
requirements of clause (ii) (and any regulation thereunder).''.

    (f) 457(b) Plans.--Subsection (b) of section 457 is amended by 
adding at the end the following: ``A plan which is established and 
maintained by an employer which is described in subsection (e)(1)(A) 
shall not be treated as failing to meet the requirements of this 
subsection solely because the plan, or another plan maintained by the 
employer which meets the requirements of section 401(a) or 403(b), 
provides for matching contributions on account of qualified student loan 
payments as described in section 401(m)(13).''.
    (g) <<NOTE: 26 USC 401 note.>>  Regulatory Authority.--The Secretary 
of the Treasury (or such Secretary's delegate) shall prescribe 
regulations for purposes of implementing the amendments made by this 
section, including regulations--
            (1) permitting a plan to make matching contributions for 
        qualified student loan payments, as defined in sections 
        401(m)(4)(D) and 408(p)(2)(F) of the Internal Revenue Code of 
        1986, as added by this section, at a different frequency than 
        matching contributions are otherwise made under the plan, 
        provided that the frequency is not less than annually;
            (2) permitting employers to establish reasonable procedures 
        to claim matching contributions for such qualified student loan 
        payments under the plan, including an annual deadline (not 
        earlier than 3 months after the close of each plan year) by 
        which a claim must be made; and
            (3) promulgating model amendments which plans may adopt to 
        implement matching contributions on such qualified student loan 
        payments for purposes of sections 401(m), 408(p), 403(b), and 
        457(b) of the Internal Revenue Code of 1986.

    (h) <<NOTE: 26 USC 401 note.>>  Effective Date.--The amendments made 
by this section shall apply to contributions made for plan years 
beginning after December 31, 2023.
SEC. 111. APPLICATION OF CREDIT FOR SMALL EMPLOYER PENSION PLAN 
                        STARTUP COSTS TO EMPLOYERS WHICH JOIN AN 
                        EXISTING PLAN.

    (a) In General.--Section 45E(d)(3)(A) is amended by striking 
``effective'' and inserting ``effective with respect to the eligible 
employer''.
    (b) <<NOTE: 26 USC 45E note.>> Effective Date.--The amendment made 
by this section shall take effect as if included in the enactment of 
section 104

[[Page 136 STAT. 5294]]

of the Setting Every Community Up for Retirement Enhancement Act of 
2019.
SEC. 112. MILITARY SPOUSE RETIREMENT PLAN ELIGIBILITY CREDIT FOR 
                        SMALL EMPLOYERS.

    (a) In General.--Subpart D of part IV of subchapter A of chapter 1 
is amended by adding at the end the following new section:
``SEC. <<NOTE: 26 USC 45AA.>> 45AA. MILITARY SPOUSE RETIREMENT 
                          PLAN ELIGIBILITY CREDIT FOR SMALL 
                          EMPLOYERS.

    ``(a) In General.--For purposes of section 38, in the case of any 
eligible small employer, the military spouse retirement plan eligibility 
credit determined under this section for any taxable year is an amount 
equal to the sum of--
            ``(1) $200 with respect to each military spouse who is an 
        employee of such employer and who participates in an eligible 
        defined contribution plan of such employer at any time during 
        such taxable year, plus
            ``(2) so much of the contributions made by such employer 
        (other than an elective deferral (as defined in section 
        402(g)(3)) to all such plans with respect to such employee 
        during such taxable year as do not exceed $300.

    ``(b) Limitation.--An individual shall only be taken into account as 
a military spouse under subsection (a) for the taxable year which 
includes the date on which such individual began participating in the 
eligible defined contribution plan of the employer and the 2 succeeding 
taxable years.
    ``(c) <<NOTE: Definition.>>  Eligible Small Employer.--For purposes 
of this section, the term `eligible small employer' means an eligible 
employer (as defined in section 408(p)(2)(C)(i)(I).

    ``(d) <<NOTE: Definitions.>>  Military Spouse.--For purposes of this 
section--
            ``(1) In general.--The term `military spouse' means, with 
        respect to any employer, any individual who is married (within 
        the meaning of section 7703 as of the first date that the 
        employee is employed by the employer) to an individual who is a 
        member of the uniformed services (as defined section 101(a)(5) 
        of title 10, United States Code) serving on active duty. For 
        purposes of this section, an employer may rely on an employee's 
        certification that such employee's spouse is a member of the 
        uniformed services if such certification provides the name, 
        rank, and service branch of such spouse.
            ``(2) Exclusion of highly compensated employees.--With 
        respect to any employer, the term `military spouse' shall not 
        include any individual if such individual is a highly 
        compensated employee of such employer (within the meaning of 
        section 414(q)).

    ``(e) Eligible Defined Contribution Plan.--For purposes of this 
section, the term `eligible defined contribution plan' means, with 
respect to any eligible small employer, any defined contribution plan 
(as defined in section 414(i)) of such employer if, under the terms of 
such plan--
            ``(1) military spouses employed by such employer are 
        eligible to participate in such plan not later than the date 
        which is 2 months after the date on which such individual begins 
        employment with such employer, and
            ``(2) military spouses who are eligible to participate in 
        such plan--

[[Page 136 STAT. 5295]]

                    ``(A) <<NOTE: Time period.>> are immediately 
                eligible to receive an amount of employer contributions 
                under such plan which is not less the amount of such 
                contributions that a similarly situated participant who 
                is not a military spouse would be eligible to receive 
                under such plan after 2 years of service, and
                    ``(B) immediately have a nonforfeitable right to the 
                employee's accrued benefit derived from employer 
                contributions under such plan.

    ``(f) Aggregation Rule.--All persons treated as a single employer 
under subsection (b), (c), (m), or (o) of section 414 shall be treated 
as one employer for purposes of this section.''.
    (b) Credit Allowed as Part of General Business Credit.--Section 
38(b) <<NOTE: 26 USC 38.>>  is amended by striking ``plus'' at the end 
of paragraph (39), by striking the period at the end of paragraph (40) 
and inserting ``, plus'', and by adding at the end the following new 
paragraph:
            ``(41) in the case of an eligible small employer (as defined 
        in section 45AA(c)), the military spouse retirement plan 
        eligibility credit determined under section 45AA(a).''.

    (c) Specified Credit for Purposes of Certified Professional Employer 
Organizations.--Section 3511(d)(2) is amended by redesignating 
subparagraphs (F), (G), and (H) as subparagraphs (G), (H), and (I), 
respectively, and by inserting after subparagraph (E) the following new 
subparagraph:
                    ``(F) section 45AA (military spouse retirement plan 
                eligibility credit),''.

    (d) Clerical Amendment.--The table of sections for subpart D of part 
IV of subchapter A of chapter 1 <<NOTE: 26 USC prec. 38.>> is amended by 
adding at the end the following new item:

``Sec. 45AA. Military spouse retirement plan eligibility credit for 
           small employers.''.

    (e) <<NOTE: 26 USC 38 note.>> Effective Date.--The amendments made 
by this section shall apply to taxable years beginning after the date of 
the enactment of this Act.
SEC. 113. SMALL IMMEDIATE FINANCIAL INCENTIVES FOR CONTRIBUTING TO 
                        A PLAN.

    (a) In General.--Subparagraph (A) of section 401(k)(4) is amended by 
inserting ``(other than a de minimis financial incentive (not paid for 
with plan assets) provided to employees who elect to have the employer 
make contributions under the arrangement in lieu of receiving cash)'' 
after ``any other benefit''.
    (b) Section 403(b) Plans.--Subparagraph (A) of section 403(b)(12), 
as amended by the preceding provisions of this Act, is further amended 
by adding at the end the following: ``A plan shall not fail to satisfy 
clause (ii) solely by reason of offering a de minimis financial 
incentive (not derived from plan assets) to employees to elect to have 
the employer make contributions pursuant to a salary reduction 
agreement.''.
    (c) Exemption From Prohibited Transaction Rules.--Subsection (d) of 
section 4975 is amended by striking ``or'' at the end of paragraph (22), 
by striking the period at the end of paragraph (23) and inserting ``, 
or'', and by adding at the end the following new paragraph:
            ``(24) the provision of a de minimis financial incentive 
        described in section 401(k)(4)(A).''.

[[Page 136 STAT. 5296]]

    (d) Amendment of Employee Retirement Income Security Act of 1974.--
Subsection (b) of section 408 of the Employee Retirement Income Security 
Act of 1974 (29 U.S.C. 1108(b)) is amended by adding at the end the 
following new paragraph:
            ``(21) The provision of a de minimis financial incentive 
        described in section 401(k)(4)(A) or section 403(b)(12)(A) of 
        the Internal Revenue Code of 1986.''.

    (e) <<NOTE: 26 USC 401 note.>> Effective Date.--The amendments made 
by this section shall apply with respect to plan years beginning after 
the date of enactment of this Act.
SEC. 114. DEFERRAL OF TAX FOR CERTAIN SALES OF EMPLOYER STOCK TO 
                        EMPLOYEE STOCK OWNERSHIP PLAN SPONSORED BY 
                        S CORPORATION.

    (a) In General.--Section 1042(c)(1)(A) <<NOTE: 26 USC 1042.>> is 
amended by striking ``domestic C corporation'' and inserting ``domestic 
corporation''.

    (b) 10 Percent Limitation on Application of Gain on Sale of S 
Corporation Stock.--Section 1042 is amended by adding at the end the 
following new subsection:
    ``(h) Application of Section to Sale of Stock in S Corporation.--In 
the case of the sale of qualified securities of an S corporation, the 
election under subsection (a) may be made with respect to not more than 
10 percent of the amount realized on such sale for purposes of 
determining the amount of gain not recognized and the extent to which 
(if at all) the amount realized on such sale exceeds the cost of 
qualified replacement property. The portion of adjusted basis that is 
properly allocable to the portion of the amount realized with respect to 
which the election is made under this subsection shall be taken into 
account for purposes of the preceding sentence.''.
    (c) <<NOTE: 26 USC 1042 note.>> Effective Date.--The amendments made 
by this section shall apply to sales after December 31, 2027.
SEC. 115. WITHDRAWALS FOR CERTAIN EMERGENCY EXPENSES.

    (a) In General.--Paragraph (2) of section 72(t) is amended by adding 
at the end the following new subparagraph:
                    ``(I) Distributions for certain emergency 
                expenses.--
                          ``(i) In general.--Any emergency personal 
                      expense distribution.
                          ``(ii) Annual limitation.--Not more than 1 
                      distribution per calendar year may be treated as 
                      an emergency personal expense distribution by any 
                      individual.
                          ``(iii) Dollar limitation.--The amount which 
                      may be treated as an emergency personal expense 
                      distribution by any individual in any calendar 
                      year shall not exceed the lesser of $1,000 or an 
                      amount equal to the excess of--
                                    ``(I) the individual's total 
                                nonforfeitable accrued benefit under the 
                                plan (the individual's total interest in 
                                the plan in the case of an individual 
                                retirement plan), determined as of the 
                                date of each such distribution, over
                                    ``(II) $1,000.
                          ``(iv) Emergency personal expense 
                      distribution.--For 
                      purposes <<NOTE: Definition.>> of this 
                      subparagraph, the term `emergency personal expense 
                      distribution' means any distribution from an 
                      applicable eligible retirement plan

[[Page 136 STAT. 5297]]

                      (as defined in subparagraph (H)(vi)(I)) to an 
                      individual for purposes of meeting unforeseeable 
                      or immediate financial needs relating to necessary 
                      personal or family emergency expenses. The 
                      administrator of an applicable eligible retirement 
                      plan may rely on an employee's written 
                      certification that the employee satisfies the 
                      conditions of the preceding sentence in 
                      determining whether any distribution is an 
                      emergency personal expense distribution. The 
                      Secretary may provide by regulations for 
                      exceptions to the rule of the preceding sentence 
                      in cases where the plan administrator has actual 
                      knowledge to the contrary of the employee's 
                      certification, and for procedures for addressing 
                      cases of employee misrepresentation.
                          ``(v) Treatment of plan distributions.--If a 
                      distribution to an individual would (without 
                      regard to clause (ii) or (iii)) be an emergency 
                      personal expense distribution, a plan shall not be 
                      treated as failing to meet any requirement of this 
                      title merely because the plan treats the 
                      distribution as an emergency personal expense 
                      distribution, unless the number or the aggregate 
                      amount of such distributions from all plans 
                      maintained by the employer (and any member of any 
                      controlled group which includes the employer, 
                      determined as provided in subparagraph 
                      (H)(iv)(II)) to such individual exceeds the 
                      limitation determined under clause (ii) or (iii).
                          ``(vi) <<NOTE: Applicability.>>  Amount 
                      distributed may be repaid.--Rules similar to the 
                      rules of subparagraph (H)(v) shall apply with 
                      respect to an individual who receives a 
                      distribution to which clause (i) applies.
                          ``(vii) Limitation on subsequent 
                      distributions.--If a <<NOTE: Time 
                      period.>> distribution is treated as an emergency 
                      personal expense distribution in any calendar year 
                      with respect to a plan of the employee, no amount 
                      may be treated as such a distribution during the 
                      immediately following 3 calendar years with 
                      respect to such plan unless--
                                    ``(I) such previous distribution is 
                                fully repaid to such plan pursuant to 
                                clause (vi), or
                                    ``(II) the aggregate of the elective 
                                deferrals and employee contributions to 
                                the plan (the total amounts contributed 
                                to the plan in the case of an individual 
                                retirement plan) subsequent to such 
                                previous distribution is at least equal 
                                to the amount of such previous 
                                distribution which has not been so 
                                repaid.
                          ``(viii) <<NOTE: Applicability.>>  Special 
                      rules.--Rules similar to the rules of subclauses 
                      (II) and (IV) of subparagraph (H)(vi) shall apply 
                      to any emergency personal expense distribution.''.

    (b) <<NOTE: Time period.>> Cross-reference.--See section 311 of this 
Act for amendment to section 72(t)(2)(H)(v)(I) of the Internal Revenue 
Code of 1986 limiting repayment of distribution to 3 years.

    (c) <<NOTE: 26 USC 72 note.>>  Effective Date.--The amendments made 
by this section shall apply to distributions made after December 31, 
2023.

[[Page 136 STAT. 5298]]

SEC. 116. ALLOW ADDITIONAL NONELECTIVE CONTRIBUTIONS TO SIMPLE 
                        PLANS.

    (a) In General.--
            (1) Modification to definition.--Subparagraph (A) of section 
        408(p)(2) <<NOTE: 26 USC 408.>> is amended by striking ``and'' 
        at the end of clause (iii), by redesignating clause (iv) as 
        clause (v), and by inserting after clause (iii) the following 
        new clause:
                          ``(iv) the employer may make nonelective 
                      contributions of a uniform percentage (up to 10 
                      percent) of compensation for each employee who is 
                      eligible to participate in the arrangement, and 
                      who has at least $5,000 of compensation from the 
                      employer for the year, but such contributions with 
                      respect to any employee shall not exceed $5,000 
                      for the year, and''.
            (2) Limitation.--Subparagraph (A) of section 408(p)(2) is 
        amended by adding at the end the following: ``The compensation 
        taken into account under clause (iv) for any year shall not 
        exceed the limitation in effect for such year under section 
        401(a)(17).''.
            (3) Overall dollar limit on contributions.--Paragraph (8) of 
        section 408(p) is amended to read as follows:
            ``(8) <<NOTE: Applicability.>> Coordination with maximum 
        limitation.--In the case of any simple retirement account--
                    ``(A) subsection (a)(1) shall be applied by 
                substituting for `the amount in effect for such taxable 
                year under section 219(b)(1)(A)' the following: `the sum 
                of the dollar amount in effect under subsection 
                (p)(2)(A)(ii), the employer contribution required under 
                subsection (p)(2)(A)(iii) or (p)(2)(B)(i), whichever is 
                applicable, and a contribution which meets the 
                requirement of subsection (p)(2)(A)(iv) with respect to 
                the employee', and
                    ``(B) subsection (b)(2)(B) shall be applied by 
                substituting for `the dollar amount in effect under 
                section 219(b)(1)(A)' the following: `the sum of the 
                dollar amount in effect under subsection (p)(2)(A)(ii), 
                the employer contribution required under subsection 
                (p)(2)(A)(iii) or (p)(2)(B)(i), whichever is applicable, 
                and a contribution which meets the requirement of 
                subsection (p)(2)(A)(iv) with respect to the 
                employee'.''.
            (4) Adjustment for inflation.--Paragraph (2) of section 
        408(p), as amended by this Act, is further amended by adding at 
        the end the following new subparagraph:
                    ``(G) <<NOTE: Effective date.>> Adjustment for 
                inflation.--In the case of taxable years beginning after 
                December 31, 2024, the $5,000 amount in subparagraph 
                (A)(iv)(II) shall be increased by an amount equal to--
                          ``(i) such amount, multiplied by
                          ``(ii) the cost-of-living adjustment 
                      determined under section 1(f)(3) for the calendar 
                      year in which the taxable year begins, determined 
                      by substituting `2023' for `2016' in subparagraph 
                      (A)(ii) thereof.
                If any amount as adjusted under the preceding sentence 
                is not a multiple of $100, such amount shall be rounded 
                to the nearest multiple of $100.''.

    (b) Conforming Amendments.--

[[Page 136 STAT. 5299]]

            (1) Section 408(p)(2)(A)(v), as redesignated by subsection 
        (a), is <<NOTE: 26 USC 408.>> amended by striking ``or (iii)'' 
        and inserting ``, (iii), or (iv)''.
            (2) Section 401(k)(11)(B)(i) is amended by striking ``and'' 
        at the end of subclause (II), by redesignating subclause (III) 
        as subclause (IV), and by inserting after subclause (II) the 
        following new subclause:
                                    ``(III) the employer may make 
                                nonelective contributions of a uniform 
                                percentage (up to 10 percent) of 
                                compensation, but not to exceed the 
                                amount in effect under section 
                                408(p)(2)(A)(iv) in any year, for each 
                                employee who is eligible to participate 
                                in the arrangement and who has at least 
                                $5,000 of compensation from the employer 
                                for the year, and''.
            (3) Section 401(k)(11)(B)(i)(IV), as redesignated by 
        paragraph (2), is amended by striking ``or (II)'' and inserting 
        ``, (II), or (III)''.

    (c) <<NOTE: 26 USC 401 note.>>  Effective Date.--The amendments made 
by this section shall apply to taxable years beginning after December 
31, 2023.
SEC. 117. CONTRIBUTION LIMIT FOR SIMPLE PLANS.

    (a) In General.--Subparagraph (E) of section 408(p)(2) is amended--
            (1) by striking ``amount is'' and all that follows in clause 
        (i) and inserting the following: ``dollar amount is--
                                    ``(I) the adjusted dollar amount in 
                                the case of an eligible employer 
                                described in clause (iii) which had not 
                                more than 25 employees who received at 
                                least $5,000 of compensation from the 
                                employer for the preceding year,
                                    ``(II) the adjusted dollar amount in 
                                the case of an eligible employer 
                                described in clause (iii) which is not 
                                described in subclause (I) and which 
                                elects, at such time and in such manner 
                                as prescribed by the Secretary, the 
                                application of this subclause for the 
                                year, and
                                    ``(III) $10,000 in any other 
                                case.'',
            (2) by redesignating clause (ii) as clause (iii) and by 
        inserting after clause (i) the following new clause:
                          ``(ii) Adjusted dollar amount.--For purposes 
                      of clause (i), the adjusted dollar amount is an 
                      amount equal to 110 percent of the dollar amount 
                      in effect under clause (i)(III) for calendar year 
                      2024.'',
            (3) by striking ``adjustment.--In the case of'' in clause 
        (iii), as so redesignated, and inserting ``adjustment.--
                                    ``(I) Certain large employers.--In 
                                the case of'',
            (4) by striking ``clause (i)'' in such clause (iii) and 
        inserting ``clause (i)(III)'', and
            (5) by adding at the end of such clause (iii) the following 
        new subclause:
                                    ``(II) <<NOTE: Effective 
                                dates.>> Other employers.--In the case 
                                of a year beginning after December 31, 
                                2024, the Secretary shall adjust 
                                annually the adjusted dollar amount 
                                under clause (ii) in the manner provided 
                                under subclause (I) of this clause, 
                                except that the base

[[Page 136 STAT. 5300]]

                                period taken into account shall be the 
                                calendar quarter beginning July 1, 
                                2023.''.

    (b) Catch-up Contributions.--Paragraph (2) of <<NOTE: 26 USC 
414.>> section 414(v) is amended--
            (1) in subparagraph (B)--
                    (A) by striking ``the applicable'' in clause (ii), 
                as amended by this Act, and inserting ``except as 
                provided in clause (iii), the applicable''; and
                    (B) by adding at the end the following new clause:
                          ``(iii) In the case of an applicable employer 
                      plan--
                                    ``(I) which is maintained by an 
                                eligible employer described in section 
                                408(p)(2)(E)(i)(I), or
                                    ``(II) <<NOTE: Applicability.>>  to 
                                which an election under section 
                                408(p)(2)(E)(i)(II) applies for the year 
                                (including a plan described in section 
                                401(k)(11) which is maintained by an 
                                eligible employer described in section 
                                408(p)(2)(E)(i)(II) and to which such 
                                election applies by reason of 
                                subparagraphs (B)(i)(I) and (E) of 
                                section 401(k)(11)),
                      the applicable dollar amount is an amount equal to 
                      110 percent of the dollar amount in effect under 
                      clause (ii) for calendar year 2024.'', and
            (2) in subparagraph (C), as amended by this Act--
                    (A) by striking ``adjustment.--In the case of'' and 
                inserting the following: ``adjustment.--
                          ``(i) Certain large employers.--In the case 
                      of'', and
                    (B) by adding at the end the following new clause:
                          ``(ii) <<NOTE: Effective dates.>>  Other 
                      employers.--In the case of a year beginning after 
                      December 31, 2024, the Secretary shall adjust 
                      annually the dollar amount described in 
                      subparagraph (B)(iii) in the manner provided under 
                      clause (i) of this subparagraph, except that the 
                      base period taken into account shall be the 
                      calendar quarter beginning July 1, 2023.''.

    (c) Employer Match.--Clause (ii) of section 408(p)(2)(C) is 
amended--
            (1) by striking ``The term'' in subclause (I) and inserting 
        ``Except as provided in subclause (IV), the term'',
            (2) by adding at the end the following new subclause:
                                    ``(IV) Special rule for electing 
                                larger employers.--
                                In <<NOTE: Applicability.>> the case of 
                                an employer which had more than 25 
                                employees who received at least $5,000 
                                of compensation from the employer for 
                                the preceding year, and which makes the 
                                election under subparagraph (E)(i)(II) 
                                for any year, subclause (I) shall be 
                                applied for such year by substituting `4 
                                percent' for `3 percent'.'', and
            (3) by striking ``3 percent'' each place it appears in 
        subclauses (II) and (III) and inserting ``the applicable 
        percentage''.

    (d) Increase in Nonelective Employer Contribution for Electing 
Larger Employers.--Subparagraph (B) of section 408(p)(2) is amended by 
adding at the end the following new clause:
                          ``(iii) Special rule for electing larger 
                      employers.--In the <<NOTE: Applicability.>> case 
                      of an employer which had more than 25 employees 
                      who received at least $5,000 of compensation from 
                      the employer for the preceding

[[Page 136 STAT. 5301]]

                      year, and which makes the election under 
                      subparagraph (E)(i)(II) for any year, clause (i) 
                      shall be applied for such year by substituting `3 
                      percent' for `2 percent'.''.

    (e) Transition Rule.--Paragraph (2) of section 408(p), as amended by 
this Act, <<NOTE: 26 USC 408.>>  is further amended by adding at the end 
the following new subparagraph:
                    ``(H) 2-year grace period.--An eligible employer 
                which had not more than 25 employees who received at 
                least $5,000 of compensation from the employer for 1 or 
                more years, and which has more than 25 such employees 
                for any subsequent year, shall be treated for purposes 
                of subparagraph (E)(i) as having 25 such employees for 
                the 2 years following the last year the employer had not 
                more than 25 such employees, and not as having made the 
                election under subparagraph (E)(i)(II) for such 2 years. 
                Rules similar to the second sentence of subparagraph 
                (C)(i)(II) shall apply for purposes of this 
                subparagraph.''.

    (f) Amendments Apply Only if Employer Has Not Had Another Plan 
Within 3 Years.--Subparagraph (E) of section 408(p)(2), as amended by 
subsection (a), is further amended by adding at the end the following 
new clause:
                          ``(iv) Employer has not had another plan 
                      within 3 years.--An eligible employer is described 
                      in this clause only if, during the 3-taxable-year 
                      period immediately preceding the 1st year the 
                      employer maintains the qualified salary reduction 
                      arrangement under this paragraph, neither the 
                      employer nor any member of any controlled group 
                      including the employer (or any predecessor of 
                      either) established or maintained any plan 
                      described in clause (i), (ii), or (iv) of section 
                      219(g)(5)(A) with respect to which contributions 
                      were made, or benefits were accrued, for 
                      substantially the same employees as are eligible 
                      to participate in such qualified salary reduction 
                      arrangement.''.

    (g) Conforming Amendments Relating to Simple 401(k)s.--
            (1) Subclause (I) of section 401(k)(11)(B)(i) is amended by 
        inserting ``(after the application of any election under section 
        408(p)(2)(E)(i)(II))'' before the comma.
            (2) Paragraph (11) of section 401(k) is amended by adding at 
        the end the following new subparagraph:
                    ``(E) Employers electing increased contributions.--
                In <<NOTE: Applicability.>> the case of an employer 
                which applies an election under section 
                408(p)(2)(E)(i)(II) for purposes of the contribution 
                requirements of this paragraph under subparagraph 
                (B)(i)(I), rules similar to the rules of subparagraphs 
                (B)(iii), (C)(ii)(IV), and (G) of section 408(p)(2) 
                shall apply for purposes of subparagraphs (B)(i)(II) and 
                (B)(ii) of this paragraph.''.

    (h) <<NOTE: 26 USC 401 note.>>  Effective Date.--The amendments made 
by this section shall apply to taxable years beginning after December 
31, 2023.

    (i) <<NOTE: 26 USC 401 note.>> Reports by Secretary.--
            (1) <<NOTE: Recommenda- tions.>> In general.--The Secretary 
        of the Treasury shall, not later than December 31, 2024, and 
        annually thereafter, report to the Committees on Finance and 
        Health, Education, Labor, and Pensions of the Senate and the 
        Committees on Ways and

[[Page 136 STAT. 5302]]

        Means and Education and Labor of the House of Representatives on 
        the data described in paragraph (2), together with any 
        recommendations the Secretary deems appropriate.
            (2) Data described.--For purposes of the report required 
        under paragraph (1), the Secretary of the Treasury shall collect 
        data and information on--
                    (A) the number of plans described in section 408(p) 
                or 401(k)(11) of the Internal Revenue Code of 1986 that 
                are maintained or established during a year;
                    (B) the number of participants eligible to 
                participate in such plans for such year;
                    (C) median contribution amounts for the participants 
                described in subparagraph (B);
                    (D) the types of investments that are most common 
                under such plans; and
                    (E) the fee levels charged in connection with the 
                maintenance of accounts under such plans.
        Such data and information shall be collected separately for each 
        type of plan. For purposes of collecting such data, the 
        Secretary of the Treasury may use such data as is otherwise 
        available to the Secretary for publication and may use such 
        approaches as are appropriate under the circumstances, including 
        the use of voluntary surveys and collaboration on studies.
SEC. 118. TAX TREATMENT OF CERTAIN NONTRADE OR BUSINESS SEP 
                        CONTRIBUTIONS.

    (a) In General.--Subparagraph (B) of section 4972(c)(6) is amended--
            (1) by striking ``408(p)) or'' and inserting ``408(p)),''; 
        and
            (2) by inserting ``, or a simplified employee pension 
        (within the meaning of section 408(k))'' after ``401(k)(11))''.

    (b) <<NOTE: 26 USC 4972 note.>> Effective Date.--
            (1) In general.--The amendments made by this section shall 
        apply to taxable years beginning after the date of the enactment 
        of this Act.
            (2) No inference.--Nothing in the amendments made by this 
        section shall be construed to infer the proper treatment under 
        section 4972(c)(6) of the Internal Revenue Code of 1986 of 
        nondeductible contributions to which the amendments made by this 
        section do not apply.
SEC. 119. APPLICATION OF SECTION 415 LIMIT FOR CERTAIN EMPLOYEES 
                        OF RURAL ELECTRIC COOPERATIVES.

    (a) In General.--Section 415(b) is amended by adding at the end the 
following new paragraph:
            ``(12) Special rule for certain employees of rural electric 
        cooperatives.--
                    ``(A) In general.--Subparagraph (B) of paragraph (1) 
                shall not apply to a participant in an eligible rural 
                electric cooperative plan, except in the case of a 
                participant who was a highly compensated employee (as 
                defined in section 414(q)) of an employer maintaining 
                such plan for the earlier of--
                          ``(i) the plan year in which the participant 
                      terminated employment with such employer, or
                          ``(ii) <<NOTE: Time period.>>  the plan year 
                      in which distributions commence under the plan 
                      with respect to the participant, or

[[Page 136 STAT. 5303]]

                for any of the 5 plan years immediately preceding such 
                earlier plan year.
                    ``(B) Eligible rural electric cooperative plan.--For 
                purposes of this paragraph--
                          ``(i) <<NOTE: Definition.>>  In general.--The 
                      term `eligible rural electric cooperative plan' 
                      means a plan maintained by more than 1 employer, 
                      with respect to which at least 85 percent of the 
                      employers maintaining the plan are rural 
                      cooperatives described in clause (i) or (ii) of 
                      section 401(k)(7)(B) or are a national association 
                      of such a rural cooperative.
                          ``(ii) <<NOTE: Applicability.>>  Election.--An 
                      employer maintaining an eligible rural cooperative 
                      plan may elect not to have subparagraph (A) apply 
                      to its employees.
                    ``(C) Regulations.--The Secretary shall prescribe 
                such regulations and other guidance as are necessary to 
                limit the application of subparagraph (A) such that it 
                does not result in increased benefits for highly 
                compensated employees.''.

    (b) <<NOTE: 26 USC 415 note.>>  Effective Date.--The amendment made 
by this section shall apply to limitation years ending after the date of 
the enactment of this Act.
SEC. 120. EXEMPTION FOR CERTAIN AUTOMATIC PORTABILITY 
                        TRANSACTIONS.

    (a) In General.--Section 4975(d), as amended by the preceding 
provisions of this Act, is further amended by striking ``or'' at the end 
of paragraph (23), by striking the period at the end of paragraph (24) 
and inserting ``, or'', and by adding at the end the following new 
paragraph:
            ``(25) the receipt of fees and compensation by the automatic 
        portability provider for services provided in connection with an 
        automatic portability transaction.''.

    (b) Other Definitions and Special Rules.--Section 4975(f) is amended 
by adding at the end the following new paragraph:
            ``(12) Rules relating to automatic portability 
        transactions.--
                    ``(A) In general.--For purposes of subsection 
                (d)(25)--
                          ``(i) Automatic portability transaction.--An 
                      automatic portability transaction is a transfer of 
                      assets made--
                                    ``(I) from an individual retirement 
                                plan which is established on behalf of 
                                an individual and to which amounts were 
                                transferred under section 
                                401(a)(31)(B)(i),
                                    ``(II) to an employer-sponsored 
                                retirement plan described in clause 
                                (iii), (iv), (v), or (vi) of section 
                                402(c)(8)(B) (other than a defined 
                                benefit plan) in which such individual 
                                is an active participant, and
                                    ``(III) after such individual has 
                                been given advance notice of the 
                                transfer and has not affirmatively opted 
                                out of such transfer.
                          ``(ii) Automatic portability provider.--An 
                      automatic portability provider is a person, other 
                      than an individual, who executes transfers 
                      described in clause (i).

[[Page 136 STAT. 5304]]

                    ``(B) Conditions for automatic portability 
                transactions.--Subsection (d)(25) shall not apply to an 
                automatic portability transaction unless the following 
                requirements are satisfied:
                          ``(i) Acknowledgment of fiduciary status.--An 
                      automatic portability provider shall acknowledge 
                      in writing, at such time and format as specified 
                      by the Secretary of Labor, that the provider is a 
                      fiduciary with respect to the individual 
                      retirement plan described in subparagraph 
                      (A)(i)(I).
                          ``(ii) Fees.--The fees and compensation 
                      received, directly or indirectly, by the automatic 
                      portability provider for services provided in 
                      connection with the automatic portability 
                      transaction (including any increase in such fees 
                      or compensation and any fees or compensation in 
                      connection with, but received before, the 
                      transaction)--
                                    ``(I) shall not exceed reasonable 
                                compensation, and
                                    ``(II) shall be fully disclosed to 
                                and approved in writing in advance of 
                                the transaction by a plan fiduciary of 
                                the plan described in subparagraph 
                                (A)(i)(II) which is independent of the 
                                automatic portability provider.
                      An automatic portability provider shall not 
                      receive any fees or compensation in connection 
                      with an automatic portability transaction 
                      involving a plan which is sponsored or maintained 
                      by the automatic portability provider.
                          ``(iii) Data usage.--The automatic portability 
                      provider shall not market or sell data relating to 
                      the individual retirement plan described in 
                      subparagraph (A)(i)(I) or to the participants of 
                      the plan described in subparagraph (A)(i)(II).
                          ``(iv) Open participation.--The automatic 
                      portability provider shall offer automatic 
                      portability transactions on the same terms to any 
                      plan described in subparagraph (A)(i)(II).
                          ``(v) <<NOTE: Deadline.>> Pre-transaction 
                      notice.--At least 60 days in advance of an 
                      automatic portability transaction, the automatic 
                      portability provider shall provide notice to the 
                      individual on whose behalf the individual 
                      retirement plan described in subparagraph 
                      (A)(i)(I) is established which includes--
                                    ``(I) a description of the automatic 
                                portability transaction and a complete 
                                and accurate statement of all fees which 
                                will be charged and all compensation 
                                which will be received in connection 
                                with the transaction,
                                    ``(II) a clear and prominent 
                                description of the individual's right to 
                                affirmatively elect not to participate 
                                in the transaction as well as the other 
                                available distribution options, the 
                                deadline by which the individual must 
                                make an election, the procedures for 
                                such an election, and a telephone number 
                                for the automatic portability provider 
                                that the individual may call to make 
                                such election,

[[Page 136 STAT. 5305]]

                                    ``(III) a description of the 
                                individual's right to designate a 
                                beneficiary and the procedures to do so, 
                                and
                                    ``(IV) such other disclosures as the 
                                Secretary of Labor may require by 
                                regulation.
                          ``(vi) <<NOTE: Deadline.>>  Post-transaction 
                      notice.--Not later than 3 business days after an 
                      automatic portability transaction, the automatic 
                      portability provider shall provide notice to the 
                      individual on whose behalf the individual 
                      retirement plan described in subparagraph 
                      (A)(i)(I) is established of--
                                    ``(I) the actions taken by the 
                                automatic portability provider with 
                                respect to the individual's account,
                                    ``(II) all relevant information 
                                regarding the location and amount of any 
                                transferred assets,
                                    ``(III) a statement of fees charged 
                                against the account by the automatic 
                                portability provider or its affiliates 
                                in connection with the transfer,
                                    ``(IV) a telephone number at which 
                                the individual can contact the automatic 
                                portability provider, and
                                    ``(V) such other disclosures as the 
                                Secretary of Labor may require by 
                                regulation.
                          ``(vii) Notice requirements.--The notices 
                      required under clauses (v) and (vi) shall be 
                      written in a manner calculated to be understood by 
                      the average person and shall not include 
                      inaccurate or misleading statements.
                          ``(viii) Frequency of searches.--The automatic 
                      portability provider shall query on at least a 
                      monthly basis whether any individual with an 
                      individual retirement plan described in 
                      subparagraph (A)(i)(I) has an account in a plan 
                      described in subparagraph (A)(i)(II).
                          ``(ix) Timeliness of execution.--After 
                      liquidating the assets of an individual retirement 
                      plan described in subparagraph (A)(i)(I) to cash, 
                      an automatic portability provider shall transfer 
                      the account balance of such plan as soon as 
                      practicable to the plan described in subparagraph 
                      (A)(i)(II).
                          ``(x) Limitation on exercise of discretion.--
                      The automatic portability provider shall neither 
                      have nor exercise discretion to affect the timing 
                      or amount of the transfer pursuant to an automatic 
                      portability transaction other than to deduct the 
                      appropriate fees as described in clause (ii).
                          ``(xi) Record retention and audits.--
                                    ``(I) <<NOTE: Time period.>>  In 
                                general.--An automatic portability 
                                provider shall, for not less than 6 
                                years after the automatic portability 
                                transaction has occurred, maintain the 
                                records sufficient to demonstrate the 
                                terms of this subparagraph have been 
                                met. <<NOTE: Deadline.>> The automatic 
                                portability provider shall make such 
                                records available to any authorized 
                                employee of the Department of the 
                                Treasury or the Department of Labor 
                                within 30 calendar days of the date of a 
                                written request for such records.

[[Page 136 STAT. 5306]]

                                    
                                ``(II) <<NOTE: Regulations. Compliance.>> 
                                 Audits.--An automatic portability 
                                provider shall conduct an annual audit, 
                                in accordance with regulations 
                                promulgated by the Secretary of Labor, 
                                of automatic portability transactions 
                                occurring during the calendar year to 
                                demonstrate compliance with this 
                                paragraph and any regulations thereunder 
                                and identify any instances of 
                                noncompliance therewith, and shall 
                                submit such audit annually to the 
                                Secretary of Labor, in such form and 
                                manner as specified by such Secretary.
                          ``(xii) <<NOTE: Lists.>> Website.--The 
                      automatic portability provider shall maintain a 
                      website which contains--
                                    ``(I) a list of recordkeepers for 
                                each plan described in subparagraph 
                                (A)(i)(II) with respect to which the 
                                provider carries out automatic 
                                portability transactions, and
                                    ``(II) a list of all fees described 
                                in clause (ii)(II) paid to the 
                                provider.''.

    (c) <<NOTE: Deadline. Guidance. Requirements. 26 USC 4975 note.>>  
Regulatory Authority.--Not later than 12 months after the date of the 
enactment of this Act, the Secretary of Labor shall issue such guidance 
as may be necessary to carry out the purposes of the amendments made by 
this section, including regulations or other guidance which--
            (1) require an automatic portability provider to provide a 
        notice to individuals on whose behalf the individual retirement 
        plan described in paragraph (12)(A)(i)(I) of section 4975(f) of 
        the Internal Revenue Code of 1986, as added by this section, is 
        established in advance of the notices specified in paragraph 
        (12)(B)(v) of such section, as so added,
            (2) require an automatic portability provider to disclose to 
        plans described in paragraph (12)(A)(i)(II) of section 4975(f) 
        of the Internal Revenue Code of 1986, as added by this section, 
        information required to be provided by a covered service 
        provider pursuant to section 2550.408b-2(c) of title 29, Code of 
        Federal Regulations,
            (3) <<NOTE: Plan.>> require a plan described in such 
        paragraph (12)(A)(i)(II), as so added, to fully disclose fees 
        related to an automatic portability transaction in its summary 
        plan description or summary of material modifications, as 
        relevant,
            (4) <<NOTE: Plan.>> require a plan described in such 
        paragraph, as so added, to invest amounts received on behalf of 
        a participant pursuant to an automatic portability transaction 
        in the participant's current investment election under the plan 
        or, if no election is made or permitted, in the plan's qualified 
        default investment alternative (within the meaning of section 
        2550.404c-5 of title 29, Code of Federal Regulations) or another 
        investment selected by a fiduciary with respect to such plan,
            (5) prohibit or restrict the receipt or payment of third 
        party compensation (other than a direct fee paid by a plan 
        sponsor which is in lieu of a fee imposed on an individual 
        retirement plan owner) by an automatic portability provider in 
        connection with an automatic portability transaction,
            (6) prohibit exculpatory provisions in an automatic 
        portability provider's contracts or communications with 
        individuals disclaiming or limiting its liability in the event 
        that an automatic portability transaction results in an improper 
        transfer,

[[Page 136 STAT. 5307]]

            (7) require an automatic portability provider to take 
        actions necessary to reasonably ensure that participant and 
        beneficiary data is current and accurate,
            (8) limit the use of data related to automatic portability 
        transactions for any purpose other than the execution of such 
        transactions or locating missing participants, except as 
        permitted by the Secretary of Labor,
            (9) provide for corrections procedures in the event an 
        auditor determines the automatic portability provider was not in 
        compliance with this provision and related regulations as 
        specified in paragraph (12)(B)(ix)(II) of section 4975(f) of 
        such Code, as so added, including deadlines, supplemental 
        audits, and corrective actions which may include a temporary 
        prohibition from relying on the exemption provided by paragraph 
        (25) of section 4975(d) of such Code, as added by this section,
            (10) ensure that the appropriate participants and 
        beneficiaries, in fact, receive all the required notices and 
        disclosures, and
            (11) make clear that the exemption provided by paragraph 
        (25) of section 4975(d) of such Code, as added by this section, 
        applies solely to the automatic portability transactions 
        described therein, and, to the extent the Secretary deems 
        necessary or advisable, specify how the application of the 
        exemption relates to or coordinates with the application of 
        other statutory provisions, regulations, administrative 
        guidance, or exemptions.

Any term used in this subsection which is used in paragraph (12) of 
section 4975(f) of such Code, as added by this section, has the same 
meaning as when used in such paragraph.
    (d) <<NOTE: 26 USC 4975 note.>>  Report to Congress.--
            (1) <<NOTE: Summaries.>> In general.--Not later than 2 years 
        after the date of the first audit report received by the 
        Secretary of Labor from any automatic portability provider, and 
        every 3 years thereafter, the Secretary of Labor shall report to 
        the Committees on Health, Education, Labor and Pensions and 
        Finance of the Senate and the Committees on Education and Labor 
        and Ways and Means of the House of Representatives on--
                    (A) the effectiveness of automatic portability 
                transactions under the exemption provided by paragraph 
                (25) of section 4975(d) of the Internal Revenue Code of 
                1986, as added by this section, detailing--
                          (i) the number of automatic cash outs from 
                      qualified plans to individual retirement plans 
                      described in section 4975(f)(12)(A)(i)(I) of such 
                      Code,
                          (ii) the number of completed automatic 
                      portability transactions to employer-sponsored 
                      retirement plans described in section 
                      4975(f)(12)(A)(i)(II) of such Code,
                          (iii) the number of individual retirement 
                      plans described in section 4975(f)(12)(A)(i)(I) of 
                      such Code which have been transferred to 
                      designated beneficiaries,
                          (iv) the number of individual retirement plans 
                      described in section 4975(f)(12)(A)(i)(I) of such 
                      Code for which the automatic portability provider 
                      is searching for next of kin due to a deceased 
                      account holder without a designated beneficiary, 
                      and

[[Page 136 STAT. 5308]]

                          (v) the number of accounts that were reduced 
                      to a zero balance while in the automatic 
                      portability provider's custody;
                    (B) a summary of any consumer complaints submitted 
                to the Employee Benefits Security Administration 
                regarding automatic portability transactions;
                    (C) a summary of compliance issues found in the 
                annual audit described in section 
                4975(f)(12)(B)(xiii)(II) of such Code, if any, and their 
                corrections;
                    (D) a summary of the fees individuals are charged in 
                connection with automatic portability transactions, 
                including whether those fees have increased since the 
                last report;
                    (E) <<NOTE: Recommenda- tions.>> recommendations of 
                any necessary statutory changes to this exemption to 
                improve the effectiveness of automatic portability 
                transactions, including repeal of this provision in the 
                event of a pattern of noncompliance; and
                    (F) any other information the Secretary of Labor 
                deems important.
        The report required by this subsection shall be made publicly 
        available.
            (2) Report on notices relating to automatic transfers.--Not 
        later than 2 years after the date of the enactment of this Act, 
        the Secretary of Treasury shall report to the Committee on 
        Finance of the Senate and the Committee on Ways and Means on the 
        adequacy of the notices relating to transfers under section 
        401(a)(31)(B)(i) of the Internal Revenue Code of 1986.

    (e) <<NOTE: 26 USC 4975 note.>> Effective Date.--The amendments made 
by this section shall apply to transactions occurring on or after the 
date which is 12 months after the date of the enactment of this Act.
SEC. 121. <<NOTE: Definitions.>> STARTER 401(k) PLANS FOR 
                        EMPLOYERS WITH NO RETIREMENT PLAN.

    (a) In General.--Section 401(k) <<NOTE: 26 USC 401.>>  is amended by 
adding at the end the following new paragraph:
            ``(16) Starter 401(k) deferral-only plans for employers with 
        no retirement plan.--
                    ``(A) In general.--A starter 401(k) deferral-only 
                arrangement maintained by an eligible employer shall be 
                treated as meeting the requirements of paragraph 
                (3)(A)(ii).
                    ``(B) Starter 401(k) deferral-only arrangement.--For 
                purposes of this paragraph, the term `starter 401(k) 
                deferral-only arrangement' means any cash or deferred 
                arrangement which meets--
                          ``(i) the automatic deferral requirements of 
                      subparagraph (C),
                          ``(ii) the contribution limitations of 
                      subparagraph (D), and
                          ``(iii) the requirements of subparagraph (E) 
                      of paragraph (13).
                    ``(C) Automatic deferral.--
                          ``(i) In general.--The requirements of this 
                      subparagraph are met if, under the arrangement, 
                      each eligible employee is treated as having 
                      elected to have

[[Page 136 STAT. 5309]]

                      the employer make elective contributions in an 
                      amount equal to a qualified percentage of 
                      compensation.
                          ``(ii) Election out.--The election treated as 
                      having been made under clause (i) shall cease to 
                      apply with respect to any employee if such 
                      employee makes an affirmative election--
                                    ``(I) to not have such contributions 
                                made, or
                                    ``(II) to make elective 
                                contributions at a level specified in 
                                such affirmative election.
                          ``(iii) Qualified percentage.--For purposes of 
                      this subparagraph, the term `qualified percentage' 
                      means, with respect to any employee, any 
                      percentage determined under the arrangement if 
                      such percentage is applied uniformly and is not 
                      less than 3 or more than 15 percent.
                    ``(D) Contribution limitations.--
                          ``(i) In general.--The requirements of this 
                      subparagraph are met if, under the arrangement--
                                    ``(I) the only contributions which 
                                may be made are elective contributions 
                                of employees described in subparagraph 
                                (C), and
                                    ``(II) the aggregate amount of such 
                                elective contributions which may be made 
                                with respect to any employee for any 
                                calendar year shall not exceed $6,000.
                          ``(ii) <<NOTE: Effective date.>> Cost-of-
                      living adjustment.--In the case of any calendar 
                      year beginning after December 31, 2024, the $6,000 
                      amount under clause (i) shall be adjusted in the 
                      same manner as under section 402(g)(4), except 
                      that `2023' shall be substituted for `2005'.
                          ``(iii) Catch-up contributions for individuals 
                      age 50 or over.--In the case of an individual who 
                      has attained the age of 50 before the close of the 
                      taxable year, the limitation under clause (i)(II) 
                      shall be increased by the applicable amount 
                      determined under section 219(b)(5)(B)(ii) (after 
                      the application of section 219(b)(5)(C)(iii)).
                    ``(E) Eligible employer.--For purposes of this 
                paragraph--
                          ``(i) In general.--The term `eligible 
                      employer' means any employer if the employer does 
                      not maintain a qualified plan with respect to 
                      which contributions are made, or benefits are 
                      accrued, for service in the year for which the 
                      determination is being made. If only individuals 
                      other than employees described in subparagraph (A) 
                      of section 410(b)(3) are eligible to participate 
                      in such arrangement, then the preceding sentence 
                      shall be applied without regard to any qualified 
                      plan in which only employees described in such 
                      subparagraph are eligible to participate.
                          ``(ii) <<NOTE: Applicability.>>  Relief for 
                      acquisitions, etc.--Rules similar to the rules of 
                      section 408(p)(10) shall apply for purposes of 
                      clause (i).
                          ``(iii) Qualified plan.--The term `qualified 
                      plan' means a plan, contract, pension, account, or 
                      trust described in subparagraph (A) or (B) of 
                      paragraph

[[Page 136 STAT. 5310]]

                      (5) of section 219(g) (determined without regard 
                      to the last sentence of such paragraph (5)).
                    ``(F) Eligible employee.--For purposes of this 
                paragraph--
                          ``(i) In general.--The term `eligible 
                      employee' means any employee of the employer who 
                      meets the minimum age and service conditions 
                      described in section 410(a)(1).
                          ``(ii) Exclusions.--The employer may elect to 
                      exclude from such definition any employee 
                      described in paragraph (3) or (4) of section 
                      410(b).''.

    (b) Certain Annuity Contracts.--Section 403(b), as amended by the 
preceding provision of this Act, <<NOTE: 26 USC 403.>> is further 
amended by adding at the end the following new paragraph:
            ``(16) Safe harbor deferral-only plans for employers with no 
        retirement plan.--
                    ``(A) In general.--A safe harbor deferral-only plan 
                maintained by an eligible employer shall be treated as 
                meeting the requirements of paragraph (12).
                    ``(B) Safe harbor deferral-only plan.--For purposes 
                of this paragraph, the term `safe harbor deferral-only 
                plan' means any plan which meets--
                          ``(i) the automatic deferral requirements of 
                      subparagraph (C),
                          ``(ii) the contribution limitations of 
                      subparagraph (D), and
                          ``(iii) the requirements of subparagraph (E) 
                      of section 401(k)(13).
                    ``(C) Automatic deferral.--
                          ``(i) In general.--The requirements of this 
                      subparagraph are met if, under the plan, each 
                      eligible employee is treated as having elected to 
                      have the employer make elective contributions in 
                      an amount equal to a qualified percentage of 
                      compensation.
                          ``(ii) Election out.--The election treated as 
                      having been made under clause (i) shall cease to 
                      apply with respect to any eligible employee if 
                      such eligible employee makes an affirmative 
                      election--
                                    ``(I) to not have such contributions 
                                made, or
                                    ``(II) to make elective 
                                contributions at a level specified in 
                                such affirmative election.
                          ``(iii) Qualified percentage.--For purposes of 
                      this subparagraph, the term `qualified percentage' 
                      means, with respect to any employee, any 
                      percentage determined under the plan if such 
                      percentage is applied uniformly and is not less 
                      than 3 or more than 15 percent.
                    ``(D) Contribution limitations.--
                          ``(i) In general.--The requirements of this 
                      subparagraph are met if, under the plan--
                                    ``(I) the only contributions which 
                                may be made are elective contributions 
                                of eligible employees, and
                                    ``(II) the aggregate amount of such 
                                elective contributions which may be made 
                                with respect to any employee for any 
                                calendar year shall not exceed $6,000.

[[Page 136 STAT. 5311]]

                          ``(ii) <<NOTE: Effective date.>> Cost-of-
                      living adjustment.--In the case of any calendar 
                      year beginning after December 31, 2024, the $6,000 
                      amount under clause (i) shall be adjusted in the 
                      same manner as under section 402(g)(4), except 
                      that `2023' shall be substituted for `2005'.
                          ``(iii) Catch-up contributions for individuals 
                      age 50 or over.--In the case of an individual who 
                      has attained the age of 50 before the close of the 
                      taxable year, the limitation under clause (i)(II) 
                      shall be increased by the applicable amount 
                      determined under section 219(b)(5)(B)(ii) (after 
                      the application of section 219(b)(5)(C)(iii)).
                    ``(E) Eligible employer.--For purposes of this 
                paragraph--
                          ``(i) In general.--The term `eligible 
                      employer' means any employer if the employer does 
                      not maintain a qualified plan with respect to 
                      which contributions are made, or benefits are 
                      accrued, for service in the year for which the 
                      determination is being made. If only individuals 
                      other than employees described in subparagraph (A) 
                      of section 410(b)(3) are eligible to participate 
                      in such arrangement, then the preceding sentence 
                      shall be applied without regard to any qualified 
                      plan in which only employees described in such 
                      subparagraph are eligible to participate.
                          ``(ii) <<NOTE: Applicability.>> Relief for 
                      acquisitions, etc.--Rules similar to the rules of 
                      section 408(p)(10) shall apply for purposes of 
                      clause (i).
                          ``(iii) Qualified plan.--The term `qualified 
                      plan' means a plan, contract, pension, account, or 
                      trust described in subparagraph (A) or (B) of 
                      paragraph (5) of section 219(g) (determined 
                      without regard to the last sentence of such 
                      paragraph (5)).
                    ``(F) Eligible employee.--For purposes of this 
                paragraph, the term `eligible employee' means any 
                employee of the employer other than an employee who is 
                permitted to be excluded under paragraph (12)(A).''.

    (c) Starter and Safe Harbor Plans Not Treated as Top-Heavy Plans.--
Subparagraph (H) of section 416(g)(4) <<NOTE: 26 USC 416.>>  is 
amended--
            (1) by striking ``arrangements'' in the heading and 
        inserting ``arrangements or plans'',
            (2) by striking ``, and'' at the end of clause (i) and 
        inserting ``and matching contributions with respect to which the 
        requirements of paragraph (11), (12), or (13) of section 401(m) 
        are met, or'', and
            (3) by striking clause (ii) and inserting after clause (i) 
        the following new clause:
                          ``(ii) a starter 401(k) deferral-only 
                      arrangement described in section 401(k)(16)(B) or 
                      a safe harbor deferral-only plan described in 
                      section 403(b)(16).''.

    (d) <<NOTE: 26 USC 401 note.>> Effective Date.--The amendments made 
by this section shall apply to plan years beginning after December 31, 
2023.
SEC. 122. ASSIST STATES IN LOCATING OWNERS OF APPLICABLE SAVINGS 
                        BONDS.

    (a) In General.--Section 3105 of title 31, United States Code, is 
amended by adding at the end the following:

[[Page 136 STAT. 5312]]

    ``(f)(1)(A) The Secretary shall provide each State, in digital or 
other electronic form, with information describing any applicable 
savings bond which has an applicable address that is within such State, 
including--
            ``(i) the name and applicable address of the registered 
        owner; and
            ``(ii) the name and applicable address of any registered co-
        owner or beneficiary.

    ``(B) The information provided under subparagraph (A) may include 
the serial number of any applicable savings bond.
    ``(C)(i) For purposes of this paragraph, the term `applicable 
address' means, with respect to any applicable savings bond--
            ``(I) the registered address for the registered owner, co-
        owner, or beneficiary (as applicable) of such bond; or
            ``(II) if such information is available to the Secretary, 
        the last known address for the registered owner, co-owner, or 
        beneficiary (as applicable) of such bond.

    ``(ii) For purposes of clause (i), if the information described in 
subclause (II) of clause (i) with respect to any individual is available 
to the Secretary, subclause (I) of such clause shall not apply.
    ``(2)(A) <<NOTE: Deadline. Regulations. Guidance.>>  Not later than 
12 months after the date of enactment of this subsection, the Secretary 
shall prescribe such regulations or other guidance as may be necessary 
to carry out the purposes of this subsection, including rules to--
            ``(i) protect the privacy of the owners of applicable 
        savings bonds;
            ``(ii) prevent fraud; and
            ``(iii) ensure that any information provided to a State 
        under this subsection shall be used solely to carry out the 
        purposes of this subsection.

    ``(B) Except as deemed necessary to protect privacy or prevent fraud 
or misuse of savings bond information, any regulations or guidance 
prescribed by the Secretary pursuant to subparagraph (A) shall not have 
the effect of prohibiting, restricting, or otherwise preventing a State 
from obtaining all information described in paragraph (1)(A).
    ``(3) <<NOTE: Reports. Time period.>> Not later than 12 months after 
the date of enactment of this subsection, and annually thereafter for 
each year during the 5-year period beginning after the date of enactment 
of this subsection, the Secretary shall submit to the Committees on 
Appropriations of the House of Representatives and the Senate, the 
Committee on Ways and Means of the House of Representatives, and the 
Committee on Finance of the Senate a report assessing all efforts to 
satisfy the requirement under paragraph (1)(A).

    ``(4) Any State that receives information described in paragraph 
(1)(A) with respect to an applicable savings bond may use such 
information to locate the owner of such bond pursuant to the same 
standards and requirements as are applicable under--
            ``(A) the abandoned property rules and regulations of such 
        State; and
            ``(B) any regulations or guidance promulgated under this 
        subsection.

    ``(5) For purposes of this subsection, the Secretary may disclose to 
the public any information with respect to any applicable savings bond 
which a State may disclose to the public pursuant to paragraph (4).

[[Page 136 STAT. 5313]]

    ``(6) <<NOTE: Definition.>> For purposes of this subsection, the 
term `applicable savings bond' means a savings bond which--
            ``(A) is more than 3 years past its date of final maturity;
            ``(B)(i) is in paper form; or
            ``(ii) is in paperless or electronic form and for which--
                    ``(I) there is no designated bank account or routing 
                information; or
                    ``(II) the designated bank account or routing 
                information is incorrect; and
            ``(C) has not been redeemed.''.

    (b) <<NOTE: 31 USC 3105 note.>>  Effective Date.--The amendment made 
by this section shall take effect on the date of enactment of this Act.
SEC. 123. CERTAIN SECURITIES TREATED AS PUBLICLY TRADED IN CASE OF 
                        EMPLOYEE STOCK OWNERSHIP PLANS.

    (a) In General.--Section 401(a)(35) <<NOTE: 26 USC 401.>>  is 
amended by adding at the end the following new subparagraph:
                    ``(I) ESOP rules relating to publicly traded 
                securities.--In the case of an applicable defined 
                contribution plan which is an employee stock ownership 
                plan, an employer security shall be treated as described 
                in subparagraph (G)(v) if--
                          ``(i) the security is the subject of priced 
                      quotations by at least 4 dealers, published and 
                      made continuously available on an interdealer 
                      quotation system (as such term is used in section 
                      13 of the Securities Exchange Act of 1934) which 
                      has made the request described in section 6(j) of 
                      such Act to be treated as an alternative trading 
                      system,
                          ``(ii) the security is not a penny stock (as 
                      defined by section 3(a)(51) of such Act),
                          ``(iii) the security is issued by a 
                      corporation which is not a shell company (as such 
                      term is used in section 4(d)(6) of the Securities 
                      Act of 1933), a blank check company (as defined in 
                      section 7(b)(3) of such Act), or subject to 
                      bankruptcy proceedings,
                          ``(iv) the security has a public float (as 
                      such term is used in section 240.12b-2 of title 
                      17, Code of Federal Regulations) which has a fair 
                      market value of at least $1,000,000 and 
                      constitutes at least 10 percent of the total 
                      shares issued and outstanding.
                          ``(v) in the case of a security issued by a 
                      domestic corporation, the issuer publishes, not 
                      less frequently than annually, financial 
                      statements audited by an independent auditor 
                      registered with the Public Company Accounting 
                      Oversight Board established under the Sarbanes-
                      Oxley Act of 2002, and
                          ``(vi) in the case of a security issued by a 
                      foreign corporation, the security is represented 
                      by a depositary share (as defined under section 
                      240.12b-2 of title 17, Code of Federal 
                      Regulations), or is issued by a foreign 
                      corporation incorporated in Canada and readily 
                      tradeable on an established securities market in 
                      Canada, and the issuer--
                                    ``(I) is subject to, and in 
                                compliance with, the reporting 
                                requirements of section 13 or 15(d) of

[[Page 136 STAT. 5314]]

                                the Securities Exchange Act of 1934 (15 
                                U.S.C. 78m or 78o(d)),
                                    ``(II) is subject to, and in 
                                compliance with, the reporting 
                                requirements of section 230.257 of title 
                                17, Code of Federal Regulations, or
                                    ``(III) is exempt from such 
                                requirements under section 240.12g3-2(b) 
                                of title 17, Code of Federal 
                                Regulations.''.

    (b) <<NOTE: 26 USC 401 note.>>  Effective Date.--The amendments made 
by this section shall apply to plan years beginning after December 31, 
2027.
SEC. 124. MODIFICATION OF AGE REQUIREMENT FOR QUALIFIED ABLE 
                        PROGRAMS.

    (a) In General.--Section 529A(e) is amended by striking ``age 26'' 
each place it appears in paragraphs (1)(A) and (2)(A)(i)(II) and 
inserting ``age 46''.
    (b) <<NOTE: 26 USC 529A note.>>  Effective Date.--The amendments 
made by this section shall apply to taxable years beginning after 
December 31, 2025.
SEC. 125. IMPROVING COVERAGE FOR PART-TIME WORKERS.

    (a) In General.--
            (1) Employee retirement income security act of 1974.--
        Section 202 of the Employee Retirement Income Security Act of 
        1974 (29 U.S.C. 1052) is amended by adding at the end the 
        following new subsection:

    ``(c) Special Rule for Certain Part-time Employees.--
            ``(1) In general.--A pension plan that includes either a 
        qualified cash or deferred arrangement (as defined in section 
        401(k) of the Internal Revenue Code of 1986) or a salary 
        reduction agreement (as described in section 403(b) of such 
        Code) shall not require, as a condition of participation in the 
        arrangement or agreement, that an employee complete a period of 
        service with the employer (or employers) maintaining the plan 
        extending beyond the close of the earlier of--
                    ``(A) the period permitted under subsection (a)(1) 
                (determined without regard to subparagraph (B)(i) 
                thereof); or
                    ``(B) <<NOTE: Time period.>>  the first 24-month 
                period--
                          ``(i) consisting of 2 consecutive 12-month 
                      periods during each of which the employee has at 
                      least 500 hours of service; and
                          ``(ii) by the close of which the employee has 
                      met the requirement of subsection (a)(1)(A)(i).
            ``(2) Exception.--Paragraph (1)(B) shall not apply to any 
        employee described in section 410(b)(3) of the Internal Revenue 
        Code of 1986.
            ``(3) Coordination with time of participation rules.--In the 
        case <<NOTE: Applicability.>> of employees who are eligible to 
        participate in the arrangement or agreement solely by reason of 
        paragraph (1)(B), or by reason of such paragraph and section 
        401(k)(2)(D)(ii) of such Code, the rules of subsection (a)(4) 
        shall apply to such employees.
            ``(4) <<NOTE: Determination.>> 12-month period.--For 
        purposes of this subsection, 12-month periods shall be 
        determined in the same manner as under the last sentence of 
        subsection (a)(3)(A), except that 12-month periods beginning 
        before January 1, 2023, shall not be taken into account.''.
            (2) Internal revenue code of 1986.--

[[Page 136 STAT. 5315]]

                    (A) In general.--Section 403(b)(12) <<NOTE: 26 USC 
                403.>> is amended by adding at the end the following new 
                subparagraph:
                    ``(D) Rules relating to certain part-time 
                employees.--
                          ``(i) In general.--In the case of employees 
                      who are eligible to participate in the agreement 
                      solely by reason of section 202(c)(1)(B) of the 
                      Employee Retirement Income Security Act of 1974--
                                    ``(I) notwithstanding section 
                                401(a)(4), an employer shall not be 
                                required to make nonelective or matching 
                                contributions on behalf of such 
                                employees even if such contributions are 
                                made on behalf of other employees 
                                eligible to participate in the plan, and
                                    ``(II) the employer may elect to 
                                exclude such employees from the 
                                application of subsections (a)(4), 
                                (k)(3), (k)(12), (k)(13), and (m)(2) of 
                                section 401 and section 410(b).''.
                    (B) Conforming amendment.--
                          (i) The last sentence of section 
                      403(b)(12)(A), as amended by this Act, is further 
                      amended by inserting ``and section 202(c) of the 
                      Employee Retirement Income Security Act of 1974'' 
                      after ``under section 410(b)(4)''.
                          (ii) Section 401(k)(15)(B)(i) is amended by 
                      inserting ``, or by reason of such paragraph and 
                      section 202(c)(1)(B) of the Employee Retirement 
                      Income Security Act of 1974'' after ``paragraph 
                      (2)(D)(ii)''.

    (b) Vesting.--Section 203(b) of the Employee Retirement Income 
Security Act of 1974 (29 U.S.C. 1053(b)) is amended by redesignating 
paragraph (4) as paragraph (5) and by inserting after paragraph (3) the 
following new paragraph:
            ``(4) Part-time employees.--For purposes of determining 
        whether an employee who became eligible to participate in a 
        qualified cash or deferred arrangement or a salary reduction 
        agreement under a plan solely by reason of section 202(c)(1)(B) 
        has a nonforfeitable right to employer contributions--
                    ``(A) except as provided in subparagraph (B), each 
                12-month period for which the employee has at least 500 
                hours of service shall be treated as a year of service; 
                and
                    ``(B) <<NOTE: Applicability.>> paragraph (3) shall 
                be applied by substituting `at least 500 hours of 
                service' for `more than 500 hours of service' in 
                subparagraph (A) thereof.
        For <<NOTE: Time periods.>> purposes of this paragraph, 12-month 
        periods shall be determined in the same manner as under the last 
        sentence of section 202(a)(3)(A), except that 12-month periods 
        beginning before January 1, 2023, shall not be taken into 
        account.''.

    (c) Reduction in Period Service Requirement for Qualified Cash and 
Deferred Arrangements.--Section 401(k)(2)(D)(ii) is amended by striking 
``3'' and inserting ``2''.
    (d) Pre-2021 Service.--Section 112(b) of the Setting Every Community 
Up for Retirement Enhancement Act of 2019 (26 U.S.C. 401 note) is 
amended by striking ``section 401(k)(2)(D)(ii)'' and inserting 
``paragraphs (2)(D)(ii) and (15)(B)(iii) of section 401(k)''.
    (e) Coordination With Rules for Top-heavy Plans.--Subparagraph (H) 
of section 416(g)(4), as amended by this Act, is further amended by 
inserting before ``If, but'' the following: ``Such

[[Page 136 STAT. 5316]]

term shall not include a plan solely because such plan does not provide 
nonelective or matching contributions to employees described in section 
401(k)(15)(B)(i).''.
    (f) <<NOTE: 26 USC 401 note.>>  Effective Dates.--
            (1) In general.--Except as provided in paragraph (2), the 
        amendments made by this section shall apply to plan years 
        beginning after December 31, 2024.
            (2) Subsection (d) and (e).--The amendments made by 
        subsections (d) and (e) shall take effect as if included in the 
        enactment of section 112 of the Setting Every Community Up for 
        Retirement Enhancement Act of 2019.
SEC. 126. SPECIAL RULES FOR CERTAIN DISTRIBUTIONS FROM LONG-TERM 
                        QUALIFIED TUITION PROGRAMS TO ROTH IRAS.

    (a) In General.--Paragraph (3) of section 529(c) is amended by 
adding at the end the following new subparagraph:
                    ``(E) <<NOTE: Time periods.>>  Special rollover to 
                roth iras from long-term qualified tuition programs.--
                          ``(i) In general.--In the case of a 
                      distribution from a qualified tuition program of a 
                      designated beneficiary which has been maintained 
                      for the 15-year period ending on the date of such 
                      distribution, subparagraph (A) shall not apply to 
                      so much the portion of such distribution which--
                                    ``(I) does not exceed the aggregate 
                                amount contributed to the program (and 
                                earnings attributable thereto) before 
                                the 5-year period ending on the date of 
                                the distribution, and
                                    ``(II) is paid in a direct trustee-
                                to-trustee transfer to a Roth IRA 
                                maintained for the benefit of such 
                                designated beneficiary.
                          ``(ii) Limitations.--
                                    
                                ``(I) <<NOTE: Applicability.>> Annual 
                                limitation.--Clause (i) shall only apply 
                                to so much of any distribution as does 
                                not exceed the amount applicable to the 
                                designated beneficiary under section 
                                408A(c)(2) for the taxable year (reduced 
                                by the amount of aggregate contributions 
                                made during the taxable year to all 
                                individual retirement plans maintained 
                                for the benefit of the designated 
                                beneficiary).
                                    ``(II) Aggregate limitation.--This 
                                subparagraph shall not apply to any 
                                distribution described in clause (i) to 
                                the extent that the aggregate amount of 
                                such distributions with respect to the 
                                designated beneficiary for such taxable 
                                year and all prior taxable years exceeds 
                                $35,000.''.

    (b) Treatment Under Roth IRA Rules.--
            (1) In general.--Paragraph (1) of section 408A(e) is 
        amended--
                    (A) by striking the period at the end of 
                subparagraph (B) and inserting ``, and'',
                    (B) by inserting after subparagraph (B) the 
                following new subparagraph:
                    ``(C) from a qualified tuition program to the extent 
                provided in section 529(c)(3)(E).'', and
                    (C) by adding at the end the following new sentence: 
                ``The earnings and contributions of any qualified 
                tuition

[[Page 136 STAT. 5317]]

                program from which a qualified rollover contribution is 
                made under subparagraph (C) shall be treated in the same 
                manner as the earnings and contributions of a Roth IRA 
                from which a qualified rollover contribution is made 
                under subparagraph (A).''.
            (2) Application of contribution limitations.--
                    (A) In general.--Section 408A(c)(5)(B) <<NOTE: 26 
                USC 408A.>>  is amended--
                          (i) by striking ``A qualified rollover 
                      contribution'' and inserting the following:
                          ``(i) In general.--A qualified rollover 
                      contribution'', and
                          (ii) by adding at the end the following:
                          ``(ii) Exception for rollovers from qualified 
                      tuition programs.--Clause (i) shall not apply to 
                      any qualified rollover contribution described in 
                      subsection (e)(1)(C).''.
                    (B) Waiver of roth ira income limitation.--Section 
                408A(c)(3) is amended by adding at the end the following 
                new subparagraph:
                    ``(E) Special rule for certain transfers from 
                qualified tuition programs.--The amount determined under 
                subparagraph (A) shall be increased by the lesser of--
                          ``(i) the amount of contributions described in 
                      section 529(c)(3)(E) for the taxable year, or
                          ``(ii) the amount of the reduction determined 
                      under such subparagraph (determined without regard 
                      to this subparagraph).''.

    (c) Reporting.--Section 529(d) is amended--
            (1) by striking ``Each officer'' and inserting the 
        following:
            ``(1) In general.--Each officer'',
            (2) by striking ``by this subsection'' and inserting ``by 
        this paragraph'', and
            (3) by adding at the end the following new paragraph:
            ``(2) <<NOTE: Reports.>> Rollover distributions.--In the 
        case of any distribution described in subsection (c)(3)(E), the 
        officer or employee having control of the qualified tuition 
        program (or their designee) shall provide a report to the 
        trustee of the Roth IRA to which the distribution is made. Such 
        report shall be filed at such time and in such manner as the 
        Secretary may require and shall include information with respect 
        to the contributions, distributions, and earnings of the 
        qualified tuition program as of the date of the distribution 
        described in subsection (c)(3)(A), together with such other 
        matters as the Secretary may require.''.

    (d) <<NOTE: 26 USC 408A note.>>  Effective Date.--The amendments 
made by this section shall apply with respect to distributions after 
December 31, 2023.
SEC. 127. EMERGENCY SAVINGS ACCOUNTS LINKED TO INDIVIDUAL ACCOUNT 
                        PLANS.

    (a) Employee Pension Benefit Plans.--Section 3 of the Employee 
Retirement Income Security Act of 1974 (29 U.S.C. 1002) is amended by 
adding at the end the following:
            ``(45) Pension-linked emergency savings account.--The term 
        `pension-linked emergency savings account' means a short-term 
        savings account established and maintained as part of an 
        individual account plan, in accordance with section 801,

[[Page 136 STAT. 5318]]

        on behalf of an eligible participant (as such term is defined in 
        section 801(b)) that--
                    ``(A) is a designated Roth account (within the 
                meaning of section 402A of the Internal Revenue Code of 
                1986) and accepts only participant contributions, as 
                described in section 801(d)(1)(A), which are designated 
                Roth contributions subject to the rules of section 
                402A(e) of such Code; and
                    ``(B) meets the requirements of part 8 of subtitle 
                B.''.

    (b) Pension-linked Emergency Savings Accounts.--
            (1) In general.--Subtitle B of title I of the Employee 
        Retirement Income Security Act of 1974 (29 U.S.C. 1021 et seq.) 
        is amended by adding at the end the following:

           ``PART 8--PENSION-LINKED EMERGENCY SAVINGS ACCOUNTS

``SEC. 801. <<NOTE: 29 USC 1193.>> PENSION-LINKED EMERGENCY 
                        SAVINGS ACCOUNTS.

    ``(a) In General.--A plan sponsor of an individual account plan 
may--
            ``(1) include in such individual account plan a pension-
        linked emergency savings account meeting the requirements of 
        subsection (c); and
            ``(2)(A) offer to enroll an eligible participant in such 
        pension-linked emergency savings account; or
            ``(B) automatically enroll an eligible participant in such 
        account pursuant to an automatic contribution arrangement 
        described in paragraph (2) of subsection (c).

    ``(b) Eligible Participant.--
            ``(1) <<NOTE: Definition.>> In general.--For purposes of 
        this part, the term `eligible participant', with regard to an 
        individual account plan, means an individual who--
                    ``(A) meets any age, service, and other eligibility 
                requirements of the plan; and
                    ``(B) is not a highly compensated employee.
            ``(2) Eligible participant who becomes a highly compensated 
        employee.--Notwithstanding paragraph (1)(B), an individual who 
        is enrolled in a pension-linked emergency savings account and 
        thereafter becomes a highly compensated employee may not make 
        further contributions to such account, but retains the right to 
        withdraw any account balance of such account in accordance with 
        subsection (c)(1)(A)(ii).
            ``(3) Definition.--For purposes of this subsection, the term 
        `highly compensated employee' has the meaning given the term in 
        section 414(q) of the Internal Revenue Code of 1986.

    ``(c) Account Requirements.--
            ``(1) In general.--A pension-linked emergency savings 
        account--
                    ``(A) shall--
                          ``(i) not have a minimum contribution or 
                      account balance requirement;
                          ``(ii) allow for withdrawal by the participant 
                      of the account balance, in whole or in part at the 
                      discretion of the participant, at least once per 
                      calendar month and for distribution of such 
                      withdrawal to the participant as soon as 
                      practicable from the date on which the participant 
                      elects to make such withdrawal; and

[[Page 136 STAT. 5319]]

                          ``(iii) be, as selected by the plan sponsor, 
                      held as cash, in an interest-bearing deposit 
                      account, or in an investment product--
                                    ``(I) designed to--
                                            ``(aa) maintain over the 
                                        term of the investment, the 
                                        dollar value that is equal to 
                                        the amount invested in the 
                                        product; and
                                            ``(bb) preserve principal 
                                        and provide a reasonable rate of 
                                        return, whether or not such 
                                        return is guaranteed, consistent 
                                        with the need for liquidity; and
                                    ``(II) offered by a State- or 
                                federally-regulated financial 
                                institution;
                    ``(B) may be subject to, as permitted by the 
                Secretary, reasonable restrictions; and
                    ``(C)(i) may not, for not less than the first 4 
                withdrawals of funds from the account in a plan year, be 
                subject to any fees or charges solely on the basis of 
                such a withdrawal; and
                    ``(ii) may, for any subsequent withdrawal in a plan 
                year, be subject to reasonable fees or charges in 
                connection with such a withdrawal, including reasonable 
                reimbursement fees imposed for the incidental costs of 
                handling of paper checks.
            ``(2) Establishment and termination of account.--
                    ``(A) Establishment of account.--The pension-linked 
                emergency savings account feature shall be included in 
                the plan document of the individual account plan. Such 
                individual account plan shall--
                          ``(i) separately account for contributions to 
                      the pension-linked emergency savings account of 
                      the individual account plan and any earnings 
                      properly allocable to the contributions;
                          ``(ii) maintain separate recordkeeping with 
                      respect to each such pension-linked emergency 
                      savings account; and
                          ``(iii) allow withdrawals from such account in 
                      accordance with section 402A(e)(7) of the Internal 
                      Revenue Code of 1986.
                    ``(B) Termination of account.--A plan sponsor may 
                terminate the pension-linked emergency savings account 
                feature of an individual account plan at any time.

    ``(d) Account Contributions.--
            ``(1) Limitation.--
                    ``(A) In general.--Subject to subparagraph (B), no 
                contribution shall be accepted to a pension-linked 
                emergency savings account to the extent such 
                contribution would cause the portion of the account 
                balance attributable to participant contributions to 
                exceed the lesser of--
                          ``(i) $2,500; or
                          ``(ii) an amount determined by the plan 
                      sponsor of the pension-linked emergency savings 
                      account.
                <<NOTE: Effective dates.>> In the case of contributions 
                made in taxable years beginning after December 31, 2024, 
                the Secretary shall adjust the amount under clause (i) 
                at the same time and in the same manner as the 
                adjustment made by the Secretary

[[Page 136 STAT. 5320]]

                of the Treasury under section 415(d) of the Internal 
                Revenue Code of 1986, except that the base period shall 
                be the calendar quarter beginning July 1, 2023. Any 
                increase under the preceding sentence which is not a 
                multiple of $100 shall be rounded to the next lowest 
                multiple of $100.
                    ``(B) Excess contributions.--To the extent any 
                contribution to the pension-linked emergency savings 
                account of a participant for a taxable year would exceed 
                the limitation of subparagraph (A)--
                          ``(i) in the case of a participant with 
                      another designated Roth account under the 
                      individual account plan, such plan may provide 
                      that--
                                    ``(I) the participant may elect to 
                                increase the participant's contribution 
                                to such other account; and
                                    ``(II) in the absence of such a 
                                participant election, the participant is 
                                deemed to have elected to increase the 
                                participant's contributions to such 
                                other account at the rate at which 
                                contributions were being made to the 
                                pension-linked emergency savings 
                                account; and
                          ``(ii) in any other case, such plan shall 
                      provide that such excess contributions will not be 
                      accepted.
            ``(2) Automatic contribution arrangement.--For purposes of 
        this section--
                    ``(A) In general.--An automatic contribution 
                arrangement described in this paragraph is an 
                arrangement under which an eligible participant is 
                treated as having elected to have the plan sponsor make 
                elective contributions to a pension-linked emergency 
                savings account at a participant contribution rate that 
                is not more than 3 percent of the compensation of the 
                eligible participant, unless the eligible participant, 
                at any time (subject to such reasonable advance notice 
                as is required by the plan administrator), affirmatively 
                elects to--
                          ``(i) make contributions at a different rate 
                      or amount; or
                          ``(ii) opt out of such contributions.
                    ``(B) Participant contribution rate.--For purposes 
                of an automatic contribution arrangement described in 
                subparagraph (A), the plan sponsor--
                          ``(i) shall select a participant contribution 
                      rate under such automatic contribution arrangement 
                      that meets the requirements of subparagraph (A); 
                      and
                          ``(ii) may amend (prior to the plan year in 
                      which an amendment would take effect) such rate 
                      not more than once annually.
            ``(3) Disclosure by plan administrator of contributions.--
                    ``(A) <<NOTE: Time period.>>  In general.--With 
                respect to an individual account plan with a pension-
                linked emergency savings account feature, the 
                administrator of the plan shall, not less than 30 days 
                and not more than 90 days prior to date of the first 
                contribution to the pension-linked emergency savings 
                account, including any contribution under

[[Page 136 STAT. 5321]]

                an automatic contribution arrangement described in 
                subsection (d)(2), or the date of any adjustment to the 
                participant contribution rate under subsection 
                (d)(2)(B)(ii), and not less than annually thereafter, 
                shall furnish to the participant a notice describing--
                          ``(i) the purpose of the account, which is for 
                      short-term, emergency savings;
                          ``(ii) the limits on, and tax treatment of, 
                      contributions to the pension-linked emergency 
                      savings account of the participant;
                          ``(iii) any fees, expenses, restrictions, or 
                      charges associated with such pension-linked 
                      emergency savings account;
                          ``(iv) procedures for electing to make 
                      contributions to or opting out of the pension-
                      linked emergency savings account, for changing 
                      participant contribution rates for such pension-
                      linked emergency savings account, and for making 
                      participant withdrawals from such pension-linked 
                      emergency savings account, including any limits on 
                      frequency;
                          ``(v) as applicable, the amount of the 
                      intended contribution to such pension-linked 
                      emergency savings account or the change in the 
                      percentage of the compensation of the participant 
                      of such contribution;
                          ``(vi) the amount in the emergency savings 
                      account and the amount or percentage of 
                      compensation that a participant has contributed to 
                      the pension-linked emergency savings account;
                          ``(vii) the designated investment option under 
                      subsection (c)(1)(A)(iii) for amounts contributed 
                      to the pension-linked emergency savings account;
                          ``(viii) the options under subsection (e) for 
                      the account balance of the pension-linked 
                      emergency savings account after termination of the 
                      employment of the participant or termination by 
                      the plan sponsor of the pension-linked emergency 
                      savings account; and
                          ``(ix) the ability of a participant who 
                      becomes a highly compensated employee (as such 
                      term is defined in paragraph (3) of subsection 
                      (b)) to, as described in paragraph (2) of such 
                      subsection, withdraw any account balance from a 
                      pension-linked emergency savings account and the 
                      restriction on the ability of such a participant 
                      to make further contributions to the pension-
                      linked emergency savings account.
                    ``(B) Notice requirements.--A notice furnished to a 
                participant under subparagraph (A) shall be--
                          ``(i) sufficiently accurate and comprehensive 
                      to apprise the participant of the rights and 
                      obligations of the participant with regard to the 
                      pension-linked emergency savings account of the 
                      participant; and
                          ``(ii) written in a manner calculated to be 
                      understood by the average participant.
                    ``(C) Consolidated notices.--The required notices 
                under subparagraph (A) may be included with any other 
                notice under this Act, including under section 
                404(c)(5)(B) or 514(e)(3), or under section 
                401(k)(13)(E) or 414(w)(4) of the Internal Revenue Code 
                of 1986, if such other notice

[[Page 136 STAT. 5322]]

                is provided to the participant at the time required for 
                such notice.
            ``(4) Employer matching contributions to an individual 
        account plan for employee contributions to a pension-linked 
        emergency savings account.--
                    ``(A) In general.--If an employer makes any matching 
                contributions to an individual account plan of which a 
                pension-linked emergency savings account is part, 
                subject to the limitations of paragraph (1)(A), the 
                employer shall make matching contributions on behalf of 
                a participant on account of the contributions by the 
                participant to the pension-linked emergency savings 
                account at the same rate as any other matching 
                contribution on account of an elective contribution by 
                such participant. The matching contributions shall be 
                made to the participant's account under the individual 
                account plan that is not the pension-linked emergency 
                savings account. Such matching contributions on account 
                of contributions under paragraph (1)(A) shall not exceed 
                the maximum account balance under paragraph (1)(A) for 
                such plan year.
                    ``(B) Coordination rule.--For purposes of any 
                applicable limitation on matching contributions, any 
                matching contributions made under the plan shall be 
                treated first as attributable to the elective deferrals 
                of the participant other than contributions to a 
                pension-linked emergency savings account.
                    ``(C) <<NOTE: Definition.>> Matching 
                contributions.--For purposes of subparagraph (A), the 
                term `matching contribution' has the meaning given such 
                term in section 401(m)(4) of the Internal Revenue Code 
                of 1986.

    ``(e) Account Balance After Termination.--Upon termination of 
employment of the participant, or termination by the plan sponsor of the 
pension-linked emergency savings account, the pension-linked emergency 
savings account of such participant in an individual account plan 
shall--
            ``(1) allow, at the election of the participant, for 
        transfer by the participant of the account balance of such 
        account, in whole or in part, into another designated Roth 
        account of the participant under the individual account plan; 
        and
            ``(2) for any amounts in such account not transferred under 
        paragraph (1), make such amounts available within a reasonable 
        time to the participant.

    ``(f) Anti-abuse Rules.--
            ``(1) In general.--A plan of which a pension-linked 
        emergency savings account is part--
                    ``(A) may employ reasonable procedures to limit the 
                frequency or amount of matching contributions with 
                respect to contributions to such account, solely to the 
                extent necessary to prevent manipulation of the rules of 
                the plan to cause matching contributions to exceed the 
                intended amounts or frequency; and
                    ``(B) shall not be required to suspend matching 
                contributions following any participant withdrawal of 
                contributions, including elective deferrals and employee 
                contributions, whether or not matched and whether or not 
                made pursuant to an automatic contribution arrangement

[[Page 136 STAT. 5323]]

                described in section 402A(e)(4) of the Internal Revenue 
                Code of 1986.
            ``(2) <<NOTE: Deadline.>> Regulations or other guidance.--
        The Secretary of the Treasury, in consultation with the 
        Secretary of Labor, shall issue regulations or other guidance 
        not later than 12 months after the date of the enactment of the 
        SECURE 2.0 Act of 2022 with respect to the anti-abuse rules 
        described in paragraph (1).
``SEC. 802. <<NOTE: 29 USC 1193a.>> PREEMPTION OF STATE ANTI-
                        GARNISHMENT LAWS.

    ``Notwithstanding any other provision of law, this part shall 
supersede any law of a State which would directly or indirectly prohibit 
or restrict the use of an automatic contribution arrangement, described 
in section 801(d)(2), for a pension-linked emergency savings 
account. <<NOTE: Regulations. Applicability.>> The Secretary may 
promulgate regulations to establish minimum standards that such an 
arrangement would be required to satisfy in order for this subsection to 
apply with respect to such an account.
``SEC. 803. <<NOTE: 29 USC 1193b.>>  REPORTING AND DISCLOSURE 
                        REQUIREMENTS.

    ``The Secretary shall--
            ``(1) <<NOTE: Regulations.>> prescribe such regulations as 
        may be necessary to address reporting and disclosure 
        requirements for pension-linked emergency savings accounts; and
            ``(2) seek to prevent unnecessary reporting and disclosure 
        for such accounts under this Act, including for purposes of any 
        reporting or disclosure related to pension plans required by 
        this title or under the Internal Revenue Code of 1986.
``SEC. 804. <<NOTE: 29 USC 1193c.>>  REPORT TO CONGRESS ON 
                        EMERGENCY SAVINGS ACCOUNTS.

    ``The Secretary of Labor and the Secretary of the Treasury shall--
            ``(1) <<NOTE: Study.>>  conduct a study on the use of 
        emergency savings from individual account plan accounts, 
        including emergency savings from a pension-linked emergency 
        savings account regarding--
                    ``(A) whether the amount of the dollar limitation 
                under section 801(d)(1)(A) is sufficient;
                    ``(B) whether the limitation on the contribution 
                rate under section 801(d)(2)(A) is appropriate; and
                    ``(C) the extent to which plan sponsors offer such 
                accounts and participants participate in such accounts 
                and the resulting impact on participant retirement 
                savings, including the impact on retirement savings 
                leakage and the effect of such accounts on retirement 
                plan participation by low- and moderate-income 
                households; and
            ``(2) not later than 7 years after the date of enactment of 
        the SECURE 2.0 Act of 2022, submit to Congress a report on the 
        findings of the study under paragraph (1).''.
            (2) Clerical amendment.--The table of contents in section 1 
        of the Employee Retirement Income Security Act of 1974 (29 
        U.S.C. 1001 note) is amended by inserting after the item 
        relating to section 734 the following new items:

           ``Part 8. Pension-linked Emergency Savings Accounts

``801. Pension-linked emergency savings accounts.
``802. Preemption of State anti-garnishment laws.
``803. Reporting and disclosure requirements.
``804. Report to Congress on emergency savings accounts.''.


[[Page 136 STAT. 5324]]



    (c) Reporting for a Pension-linked Emergency Savings Account.--
            (1) Alternative methods of compliance.--Section 110(a) of 
        the Employee Retirement Income Security Act of 1974 (29 U.S.C. 
        1030(a)) is amended by inserting ``(including pension-linked 
        emergency savings account features within a pension plan)'' 
        after ``class of pension plans''.
            (2) Minimized reporting burden for pension-linked emergency 
        savings accounts.--Section 101 of such Act (29 U.S.C. 1021) is 
        amended--
                    (A) by redesignating subsection (n) as subsection 
                (o); and
                    (B) by inserting after subsection (m) the following:

    ``(n) Pension-linked Emergency Savings Accounts.--Nothing in this 
section shall preclude the Secretary from providing, by regulations or 
otherwise, simplified reporting procedures or requirements regarding 
such a pension-linked emergency savings account.''.
    (d) Fiduciary Duty.--Section 404(c) of the Employee Retirement 
Income Security Act of 1974 (29 U.S.C. 1104(c)) is amended by adding at 
the end the following:
            ``(6) Default investment arrangements for a pension-linked 
        emergency savings account.--For purposes of paragraph (1), a 
        participant in a pension-linked emergency savings account shall 
        be treated as exercising control over the assets in the account 
        with respect to the amount of contributions and earnings which 
        are invested in accordance with section 801(c)(1)(A)(iii).''.

    (e) Tax Treatment of Pension-linked Emergency Savings Accounts.--
            (1) <<NOTE: 26 USC 402A.>> In general.--Section 402A is 
        amended by redesignating subsection (e) as subsection (f) and by 
        inserting after subsection (d) the following new subsection:

    ``(e) Pension-linked Emergency Savings Accounts.--
            ``(1) In general.--An applicable retirement plan--
                    ``(A) may--
                          ``(i) include a pension-linked emergency 
                      savings account established pursuant to section 
                      801 of the Employee Retirement Income Security Act 
                      of 1974, which, except as otherwise provided in 
                      this subsection, shall be treated for purposes of 
                      this title as a designated Roth account, and
                          ``(ii) either--
                                    ``(I) offer to enroll an eligible 
                                participant in such pension-linked 
                                emergency savings account, or
                                    ``(II) automatically enroll an 
                                eligible participant in such account 
                                pursuant to an automatic contribution 
                                arrangement described in paragraph (4), 
                                and
                    ``(B) shall--
                          ``(i) separately account for contributions to 
                      such account and any earnings properly allocable 
                      to the contributions,
                          ``(ii) maintain separate recordkeeping with 
                      respect to each such account, and

[[Page 136 STAT. 5325]]

                          ``(iii) allow withdrawals from such account in 
                      accordance with paragraph (7).
            ``(2) Eligible participant.--
                    ``(A) In general.--For purposes of this subsection, 
                the term `eligible participant', with regard to a 
                defined contribution plan, means an individual, without 
                regard to whether the individual is otherwise a 
                participant in such plan, who--
                          ``(i) meets any age, service, and other 
                      eligibility requirements of the plan, and
                          ``(ii) is not a highly compensated employee 
                      (as defined in section 414(q)).
                    ``(B) Eligible participant who becomes a highly 
                compensated employee.--Notwithstanding subparagraph 
                (A)(ii), an individual on whose behalf a pension-linked 
                emergency savings account is established who thereafter 
                becomes a highly compensated employee (as so defined) 
                may not make further contributions to such account, but 
                retains the right to withdraw any account balance of 
                such account in accordance with paragraphs (7) and (8).
            ``(3) Contribution limitation.--
                    ``(A) In general.--Subject to subparagraph (B), no 
                contribution shall be accepted to a pension-linked 
                emergency savings account to the extent such 
                contribution would cause the portion of the account 
                balance attributable to participant contributions to 
                exceed the lesser of--
                          ``(i) $2,500; or
                          ``(ii) an amount determined by the plan 
                      sponsor of the pension-linked emergency savings 
                      account.
                In <<NOTE: Effective dates.>> the case of contributions 
                made in taxable years beginning after December 31, 2024, 
                the Secretary shall adjust the amount under clause (i) 
                at the same time and in the same manner as the 
                adjustment made under section 415(d), except that the 
                base period shall be the calendar quarter beginning July 
                1, 2023. Any increase under the preceding sentence which 
                is not a multiple of $100 shall be rounded to the next 
                lowest multiple of $100.
                    ``(B) Excess contributions.--To the extent any 
                contribution to the pension-linked emergency savings 
                account of a participant for a taxable year would exceed 
                the limitation of subparagraph (A)--
                          ``(i) in the case of an eligible participant 
                      with another designated Roth account under the 
                      defined contribution plan, the plan may provide 
                      that--
                                    ``(I) the participant may elect to 
                                increase the participant's contribution 
                                to such other account, and
                                    ``(II) in the absence of such a 
                                participant election, the participant is 
                                deemed to have elected to increase the 
                                participant's contributions to such 
                                account at the rate at which 
                                contributions were being made to the 
                                pension-linked emergency savings 
                                account, and
                          ``(ii) in any other case, such plan shall 
                      provide that such excess contributions will not be 
                      accepted.
            ``(4) Automatic contribution arrangement.--For purposes of 
        this section--

[[Page 136 STAT. 5326]]

                    ``(A) In general.--An automatic contribution 
                arrangement described in this paragraph is an 
                arrangement under which an eligible participant is 
                treated as having elected to have the plan sponsor make 
                elective contributions to a pension-linked emergency 
                savings account at a participant contribution rate that 
                is not more than 3 percent of the compensation of the 
                eligible participant, unless the eligible participant, 
                at any time (subject to such reasonable advance notice 
                as is required by the plan administrator), affirmatively 
                elects to--
                          ``(i) make contributions at a different rate, 
                      or
                          ``(ii) opt out of such contributions.
                    ``(B) Participant contribution rate.--For purposes 
                of an automatic contribution arrangement described in 
                subparagraph (A), the plan sponsor--
                          ``(i) shall select a participant contribution 
                      rate under such automatic contribution arrangement 
                      which meets the requirements of subparagraph (A), 
                      and
                          ``(ii) may amend such rate (prior to the plan 
                      year for which such amendment would take effect) 
                      not more than once annually.
            ``(5) Disclosure by plan sponsor.--
                    ``(A) <<NOTE: Time periods.>>  In general.--With 
                respect to a defined contribution plan which includes a 
                pension-linked emergency savings account, the 
                administrator of the plan shall, not less than 30 days 
                and not more than 90 days prior to the date of the first 
                contribution to the pension-linked emergency savings 
                account, including any contribution under an automatic 
                contribution arrangement described in section 801(d)(2) 
                of the Employee Retirement Income Security Act of 1974, 
                or the date of any adjustment to the participant 
                contribution rate under section 801(d)(2)(B)(ii) of such 
                Act, and not less than annually thereafter, shall 
                furnish to the participant a notice describing--
                          ``(i) the purpose of the account, which is for 
                      short-term, emergency savings;
                          ``(ii) the limits on, and tax treatment of, 
                      contributions to the pension-linked emergency 
                      savings account of the participant;
                          ``(iii) any fees, expenses, restrictions, or 
                      charges associated with such pension-linked 
                      emergency savings account;
                          ``(iv) procedures for electing to make 
                      contributions or opting out of the pension-linked 
                      emergency savings account, changing participant 
                      contribution rates for such account, and making 
                      participant withdrawals from such pension-linked 
                      emergency savings account, including any limits on 
                      frequency;
                          ``(v) the amount of the intended contribution 
                      or the change in the percentage of the 
                      compensation of the participant of such 
                      contribution, if applicable;
                          ``(vi) the amount in the pension-linked 
                      emergency savings account and the amount or 
                      percentage of compensation that a participant has 
                      contributed to such account;

[[Page 136 STAT. 5327]]

                          ``(vii) the designated investment option under 
                      section 801(c)(1)(A)(iii) of the Employee 
                      Retirement Income Security Act of 1974 for amounts 
                      contributed to the pension-linked emergency 
                      savings account;
                          ``(viii) the options under section 801(e) of 
                      such Act for the account balance of the pension-
                      linked emergency savings account after termination 
                      of the employment of the participant; and
                          ``(ix) the ability of a participant who 
                      becomes a highly compensated employee (as such 
                      term is defined in section 414(q)) to, as 
                      described in section 801(b)(2) of the Employee 
                      Retirement Income Security Act of 1974, withdraw 
                      any account balance from a pension-linked 
                      emergency savings account and the restriction on 
                      the ability of such a participant to make further 
                      contributions to the pension-linked emergency 
                      savings account.
                    ``(B) Notice requirements.--A notice furnished to a 
                participant under subparagraph (A) shall be--
                          ``(i) sufficiently accurate and comprehensive 
                      to apprise the participant of the rights and 
                      obligations of the participant with regard to the 
                      pension-linked emergency savings account of the 
                      participant; and
                          ``(ii) written in a manner calculated to be 
                      understood by the average participant.
                    ``(C) Consolidated notices.--The required notices 
                under subparagraph (A) may be included with any other 
                notice under the Employee Retirement Income Security Act 
                of 1974, including under section 404(c)(5)(B) or 
                514(e)(3) of such Act, or under section 401(k)(13)(E) or 
                414(w)(4), if such other notice is provided to the 
                participant at the time required for such notice.
            ``(6) Employer matching contributions to a defined 
        contribution plan for employee contributions to a pension-linked 
        emergency savings account.--
                    ``(A) In general.--If an employer makes any matching 
                contributions to a defined contribution plan of which a 
                pension-linked emergency savings account is part, 
                subject to the limitations of paragraph (3), the 
                employer shall make matching contributions on behalf of 
                an eligible participant on account of the participant's 
                contributions to the pension-linked emergency savings 
                account at the same rate as any other matching 
                contribution on account of an elective contribution by 
                such participant. The matching contributions shall be 
                made to the participant's account under the defined 
                contribution plan which is not the pension-linked 
                emergency savings account. Such matching contributions 
                on account of contributions to the pension-linked 
                emergency savings account shall not exceed the maximum 
                account balance under paragraph (3)(A) for such plan 
                year.
                    ``(B) Coordination rule.--For purposes of any 
                applicable limitation on matching contributions, any 
                matching contributions made under the plan shall be 
                treated first as attributable to the elective deferrals 
                of the participant other than contributions to a 
                pension-linked emergency savings account.

[[Page 136 STAT. 5328]]

                    ``(C) <<NOTE: Definition.>> Matching 
                contributions.--For purposes of subparagraph (A), the 
                term `matching contribution' has the meaning given such 
                term in section 401(m)(4).
            ``(7) Distributions.--
                    ``(A) In general.--A pension-linked emergency 
                savings account shall allow for withdrawal by the 
                participant on whose behalf the account is established 
                of the account balance, in whole or in part at the 
                discretion of the participant, at least once per 
                calendar month and for distribution of such withdrawal 
                to the participant as soon as practicable after the date 
                on which the participant elects to make such withdrawal.
                    ``(B) Treatment of distributions.--Any distribution 
                from a pension-linked emergency savings account in 
                accordance with subparagraph (A)--
                          ``(i) shall be treated as a qualified 
                      distribution for purposes of subsection (d), and
                          ``(ii) shall be treated as meeting the 
                      requirements of sections 401(k)(2)(B)(i), 
                      403(b)(7)(A)(i), 403(b)(11), and 457(d)(1)(A).
            ``(8) Account balance after termination.--
                    ``(A) In general.--Upon termination of employment of 
                the participant, or termination by the plan sponsor of 
                the pension-linked emergency savings account, the 
                pension-linked emergency savings account of such 
                participant in a defined contribution plan shall--
                          ``(i) allow, at the election of the 
                      participant, for transfer by the participant of 
                      the account balance of such account, in whole or 
                      in part, into another designated Roth account of 
                      the participant under the defined contribution 
                      plan; and
                          ``(ii) for any amounts in such account not 
                      transferred under paragraph (1), make such amounts 
                      available within a reasonable time to the 
                      participant.
                    ``(B) Prohibition of certain transfers.--No amounts 
                shall be transferred by the participant from another 
                account of the participant under any plan of the 
                employer into the pension-linked emergency savings 
                account of the participant.
                    ``(C) Coordination with section 72.--Subparagraph 
                (F) of section 408A(d)(3) shall not apply (including by 
                reason of subsection (c)(4)(D) of this section) to any 
                rollover contribution of amounts in a pension-linked 
                emergency savings account under subparagraph (A).
            ``(9) Coordination with distribution of excess deferrals.--
        If any excess deferrals are distributed under section 
        402(g)(2)(A) to a participant, such amounts shall be distributed 
        first from any pension-linked emergency savings account of the 
        participant to the extent contributions were made to such 
        account for the taxable year.
            ``(10) Treatment of account balances.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), a distribution from a pension-linked 
                emergency savings account shall not be treated as an 
                eligible rollover distribution for purposes of sections 
                401(a)(31), 402(f), and 3405.
                    ``(B) Termination.--In the case of termination of 
                employment of the participant, or termination by the 
                plan

[[Page 136 STAT. 5329]]

                sponsor of the pension-linked emergency savings account, 
                except for purposes of 401(a)(31)(B), a distribution 
                from a pension-linked emergency savings account which is 
                contributed as provided in paragraph (8)(A)(i) shall be 
                treated as an eligible rollover distribution.
            ``(11) Exception to plan amendment rules.--Notwithstanding 
        section 411(d)(6), a plan which includes a pension-linked 
        emergency savings account may cease to offer such accounts at 
        any time.
            ``(12) Anti-abuse rules.--A plan of which a pension-linked 
        emergency savings account is part--
                    ``(A) may employ reasonable procedures to limit the 
                frequency or amount of matching contributions with 
                respect to contributions to such account, solely to the 
                extent necessary to prevent manipulation of the rules of 
                the plan to cause matching contributions to exceed the 
                intended amounts or frequency, and
                    ``(B) shall not be required to suspend matching 
                contributions following any participant withdrawal of 
                contributions, including elective deferrals and employee 
                contributions, whether or not matched and whether or not 
                made pursuant to an automatic contribution arrangement 
                described in paragraph (4).
        The <<NOTE: Regulations.>> Secretary, in consultation with the 
        Secretary of Labor, shall issue regulations or other guidance 
        not later than 12 months after the date of the enactment of the 
        SECURE 2.0 Act of 2022 with respect to the anti-abuse rules 
        described in the preceding sentence.''.
            (2) Treatment for purposes of additional tax on early 
        distributions.--Section 72(t)(2), as amended by the preceding 
        provisions of this Act, is further amended by adding at the end 
        the following new subparagraph:
                    ``(J) Distributions from pension-linked emergency 
                savings account.--Distributions from a pension-linked 
                emergency savings account pursuant to section 
                402A(e).''.
            (3) Basis recovery.--Section 72(d) is amended by adding at 
        the end the following new paragraph:
            ``(3) Treatment of contributions to a pension-linked 
        emergency savings account.--For purposes of this section, 
        contributions to a pension-linked emergency savings account to 
        which section 402A(e) applies (and any income allocable thereto) 
        may be treated as a separate contract.''.

    (f) <<NOTE: 26 USC 402A note.>>  Regulatory Authority.--The 
Secretary of Labor and the Secretary of the Treasury (or a delegate of 
either such Secretary) shall have authority to issue regulations or 
other guidance, and to coordinate in developing regulations or other 
guidance, to carry out the purposes of this Act, including--
            (1) adjustment of the limitation under section 801(d)(1) of 
        the Employee Retirement Income Security Act of 1974 and section 
        402A(e)(3) of the Internal Revenue Code of 1986, as added by 
        this Act, to account for inflation;
            (2) expansion of corrections programs, if necessary;
            (3) model plan language and notices relating to pension-
        linked emergency savings accounts; and
            (4) with regard to interactions with section 401(k)(13) of 
        the Internal Revenue Code of 1986.

[[Page 136 STAT. 5330]]

    (g) <<NOTE: 26 USC 72 note.>> Effective Date.--The amendments made 
by this section shall apply to plan years beginning after December 31, 
2023.
SEC. 128. ENHANCEMENT OF 403(b) PLANS.

    (a) In General.--Subparagraph (A) of section 403(b)(7) <<NOTE: 26 
USC 403.>> is amended by striking ``if the amounts are to be invested in 
regulated investment company stock to be held in that custodial 
account'' and inserting ``if the amounts are to be held in that 
custodial account and are invested in regulated investment company stock 
or a group trust intended to satisfy the requirements of Internal 
Revenue Service Revenue Ruling 81-100 (or any successor guidance)''.

    (b) Conforming Amendment.--The heading of paragraph (7) of section 
403(b) is amended by striking ``for regulated investment company 
stock''.
    (c) <<NOTE: 26 USC 403 note.>>  Effective Date.--The amendments made 
by this section shall apply to amounts invested after the date of the 
enactment of this Act.

                    TITLE II--PRESERVATION OF INCOME

SEC. 201. REMOVE REQUIRED MINIMUM DISTRIBUTION BARRIERS FOR LIFE 
                        ANNUITIES.

    (a) In General.--Section 401(a)(9) is amended by adding at the end 
the following new subparagraph:
                    ``(J) Certain increases in payments under a 
                commercial annuity.--Nothing in this section shall 
                prohibit a commercial annuity (within the meaning of 
                section 3405(e)(6)) that is issued in connection with 
                any eligible retirement plan (within the meaning of 
                section 402(c)(8)(B), other than a defined benefit plan) 
                from providing one or more of the following types of 
                payments on or after the annuity starting date:
                          ``(i) annuity payments that increase by a 
                      constant percentage, applied not less frequently 
                      than annually, at a rate that is less than 5 
                      percent per year,
                          ``(ii) a lump sum payment that--
                                    ``(I) results in a shortening of the 
                                payment period with respect to an 
                                annuity or a full or partial commutation 
                                of the future annuity payments, provided 
                                that such lump sum is determined using 
                                reasonable actuarial methods and 
                                assumptions, as determined in good faith 
                                by the issuer of the contract, or
                                    ``(II) accelerates the receipt of 
                                annuity payments that are scheduled to 
                                be received within the ensuing 12 
                                months, regardless of whether such 
                                acceleration shortens the payment period 
                                with respect to the annuity, reduces the 
                                dollar amount of benefits to be paid 
                                under the contract, or results in a 
                                suspension of annuity payments during 
                                the period being accelerated,
                          ``(iii) an amount which is in the nature of a 
                      dividend or similar distribution, provided that 
                      the issuer

[[Page 136 STAT. 5331]]

                      of the contract determines such amount using 
                      reasonable actuarial methods and assumptions, as 
                      determined in good faith by the issuer of the 
                      contract, when calculating the initial annuity 
                      payments and the issuer's experience with respect 
                      to those factors, or
                          ``(iv) a final payment upon death that does 
                      not exceed the excess of the total amount of the 
                      consideration paid for the annuity payments, less 
                      the aggregate amount of prior distributions or 
                      payments from or under the contract.''.

    (b) <<NOTE: 26 USC 401 note.>> Effective Date.--This section shall 
apply to calendar years ending after the date of the enactment of this 
Act.
SEC. <<NOTE: 26 USC 401 note.>> 202. QUALIFYING LONGEVITY ANNUITY 
                        CONTRACTS.

    (a) <<NOTE: Deadline. Regulations.>> In General.--Not later than the 
date which is 18 months after the date of the enactment of this Act, the 
Secretary of the Treasury (or the Secretary's delegate) shall amend the 
regulation issued by the Department of the Treasury relating to 
``Longevity Annuity Contracts'' (79 Fed. Reg. 37633 (July 2, 2014)), as 
follows:
            (1) Repeal 25-percent premium limit.--The Secretary (or 
        delegate) shall amend Q&A-17(b)(3) of Treas. Reg. section 
        1.401(a)(9)-6 and Q&A-12(b)(3) of Treas. Reg. section 1.408-8 to 
        eliminate the requirement that premiums for qualifying longevity 
        annuity contracts be limited to 25 percent of an individual's 
        account balance, and to make such corresponding changes to the 
        regulations and related forms as are necessary to reflect the 
        elimination of this requirement.
            (2) Increase dollar limitation.--
                    (A) In general.--The Secretary (or delegate) shall 
                amend Q&A-17(b)(2)(i) of Treas. Reg. section 
                1.401(a)(9)-6 and Q&A-12(b)(2)(i) of Treas. Reg. section 
                1.408-8 to increase the dollar limitation on premiums 
                for qualifying longevity annuity contracts from $125,000 
                to $200,000, and to make such corresponding changes to 
                the regulations and related forms as are necessary to 
                reflect this increase in the dollar limitation.
                    (B) <<NOTE: Effective dates.>>  Adjustments for 
                inflation.--The Secretary (or delegate) shall amend Q&A-
                17(d)(2)(i) of Treas. Reg. section 1.401(a)(9)-6 to 
                provide that, in the case of calendar years beginning on 
                or after January 1 of the second year following the year 
                of enactment of this Act, the $200,000 dollar limitation 
                (as increased by subparagraph (A)) will be adjusted at 
                the same time and in the same manner as the limits are 
                adjusted under section 415(d) of the Internal Revenue 
                Code of 1986, except that the base period shall be the 
                calendar quarter beginning July 1 of the year of 
                enactment of this Act, and any increase to such dollar 
                limitation which is not a multiple of $10,000 will be 
                rounded to the next lowest multiple of $10,000.
            (3) Facilitate joint and survivor benefits.--The Secretary 
        (or delegate) shall amend Q&A-17(c) of Treas. Reg. section 
        1.401(a)(9)-6, and make such corresponding changes to the 
        regulations and related forms as are necessary, to provide that, 
        in the case of a qualifying longevity annuity contract which was 
        purchased with joint and survivor annuity benefits for the 
        individual and the individual's spouse which were permissible 
        under the regulations at the time the contract

[[Page 136 STAT. 5332]]

        was originally purchased, a divorce occurring after the original 
        purchase and before the annuity payments commence under the 
        contract will not affect the permissibility of the joint and 
        survivor annuity benefits or other benefits under the contract, 
        or require any adjustment to the amount or duration of benefits 
        payable under the contract, provided that any qualified domestic 
        relations order (within the meaning of section 414(p) of the 
        Internal Revenue Code of 1986) or, in the case of an arrangement 
        not subject to section 414(p) of such Code or section 206(d) of 
        the Employee Retirement Income Security Act of 1974, any divorce 
        or separation instrument (as defined in subsection (b))--
                    (A) provides that the former spouse is entitled to 
                the survivor benefits under the contract;
                    (B) provides that the former spouse is treated as a 
                surviving spouse for purposes of the contract;
                    (C) does not modify the treatment of the former 
                spouse as the beneficiary under the contract who is 
                entitled to the survivor benefits; or
                    (D) does not modify the treatment of the former 
                spouse as the measuring life for the survivor benefits 
                under the contract.
            (4) Permit short free look period.--The Secretary (or 
        delegate) shall amend Q&A-17(a)(4) of Treas. Reg. section 
        1.401(a)(9)-6 to ensure that such Q&A does not preclude a 
        contract from including a provision under which an employee may 
        rescind the purchase of the contract within a period not 
        exceeding 90 days from the date of purchase.

    (b) Divorce or Separation Instrument.--For purposes of subsection 
(a)(3), the term ``divorce or separation instrument'' means--
            (1) a decree of divorce or separate maintenance or a written 
        instrument incident to such a decree;
            (2) a written separation agreement; or
            (3) a decree (not described in paragraph (1)) requiring a 
        spouse to make payments for the support or maintenance of the 
        other spouse.

    (c) Effective Dates, Enforcement, and Interpretations.--
            (1) Effective dates.--
                    (A) Paragraphs (1) and (2) of subsection (a) shall 
                be effective with respect to contracts purchased or 
                received in an exchange on or after the date of the 
                enactment of this Act.
                    (B) Paragraphs (3) and (4) of subsection (a) shall 
                be effective with respect to contracts purchased or 
                received in an exchange on or after July 2, 2014.
            (2) Enforcement and interpretations.--Prior to the date on 
        which the Secretary of the Treasury issues final regulations 
        pursuant to subsection (a)--
                    (A) the Secretary (or delegate) shall administer and 
                enforce the law in accordance with subsection (a) and 
                the effective dates in paragraph (1) of this subsection; 
                and
                    (B) taxpayers may rely upon their reasonable good 
                faith interpretations of subsection (a).

    (d) Regulatory Successor Provision.--Any reference to a regulation 
under this section shall be treated as including a reference to any 
successor regulation thereto.

[[Page 136 STAT. 5333]]

SEC. <<NOTE: 26 USC 817 note.>>  203. INSURANCE-DEDICATED 
                        EXCHANGE-TRADED FUNDS.

    (a) <<NOTE: Deadline. Regulations.>> In General.--Not later than the 
date which is 7 years after the date of the enactment of this Act, the 
Secretary of the Treasury (or the Secretary's delegate) shall amend the 
regulation issued by the Department of the Treasury relating to ``Income 
Tax; Diversification Requirements for Variable Annuity, Endowment, and 
Life Insurance Contracts'', 54 Fed. Reg. 8728 (March 2, 1989), and make 
any necessary corresponding amendments to other regulations, in order to 
facilitate the use of exchange-traded funds as investment options under 
variable contracts within the meaning of section 817(d) of the Internal 
Revenue Code of 1986, in accordance with subsections (b) and (c) of this 
section.

    (b) Designate Certain Authorized Participants and Market Makers as 
Eligible Investors.--The Secretary of the Treasury (or the Secretary's 
delegate) shall amend Treas. Reg. section 1.817-5(f)(3) to provide that 
satisfaction of the requirements in Treas. Reg. section 1.817-5(f)(2)(i) 
with respect to an exchange-traded fund shall not be prevented by reason 
of beneficial interests in such a fund being held by 1 or more 
authorized participants or market makers.
    (c) Define Relevant Terms.--In amending Treas. Reg. section 1.817-
5(f)(3) in accordance with subsection (b), the Secretary of the Treasury 
(or the Secretary's delegate) shall provide definitions consistent with 
the following:
            (1) Exchange-traded fund.--The term ``exchange-traded fund'' 
        means a regulated investment company, partnership, or trust--
                    (A) that is registered with the Securities and 
                Exchange Commission as an open-end investment company or 
                a unit investment trust;
                    (B) the shares of which can be purchased or redeemed 
                directly from the fund only by an authorized 
                participant; and
                    (C) the shares of which are traded throughout the 
                day on a national stock exchange at market prices that 
                may or may not be the same as the net asset value of the 
                shares.
            (2) Authorized participant.--The term ``authorized 
        participant'' means a financial institution that is a member or 
        participant of a clearing agency registered under section 17A(b) 
        of the Securities Exchange Act of 1934 that enters into a 
        contractual relationship with an exchange-traded fund pursuant 
        to which the financial institution is permitted to purchase and 
        redeem shares directly from the fund and to sell such shares to 
        third parties, but only if the contractual arrangement or 
        applicable law precludes the financial institution from--
                    (A) purchasing the shares for its own investment 
                purposes rather than for the exclusive purpose of 
                creating and redeeming such shares on behalf of third 
                parties; and
                    (B) selling the shares to third parties who are not 
                market makers or otherwise described in Treas. Reg. 
                section 1.817-5(f) (1) and (3).
            (3) Market maker.--The term ``market maker'' means a 
        financial institution that is a registered broker or dealer 
        under section 15(b) of the Securities Exchange Act of 1934 that 
        maintains liquidity for an exchange-traded fund on a national 
        stock

[[Page 136 STAT. 5334]]

        exchange by being always ready to buy and sell shares of such 
        fund on the market, but only if the financial institution is 
        contractually or legally precluded from selling or buying such 
        shares to or from persons who are not authorized participants or 
        otherwise described in Treas. Reg. section 1.817-5(f) (2) and 
        (3).

    (d) Effective Date.--This section shall apply to segregated asset 
account investments made on or after the date which is 7 years after the 
date of the enactment of this Act.
SEC. 204. <<NOTE: 26 USC 401 note.>> ELIMINATING A PENALTY ON 
                        PARTIAL ANNUITIZATION.

    (a) Eliminating a Penalty on Partial Annuitization.--The Secretary 
of the Treasury (or the Secretary's delegate) shall amend the 
regulations under section 401(a)(9) of the Internal Revenue Code of 1986 
to provide that if an employee's benefit is in the form of an individual 
account under a defined contribution plan, the plan may allow the 
employee to elect to have the amount required to be distributed from 
such account under such section for a year to be calculated as the 
excess of the total required amount for such year over the annuity 
amount for such year.
    (b) Definitions.--For purposes of this section--
            (1) Total required amount.--The term ``total required 
        amount'', with respect to a year, means the amount which would 
        be required to be distributed under Treas. Reg. section 
        1.401(a)(9)-5 (or any successor regulation) for the year, 
        determined by treating the account balance as of the last 
        valuation date in the immediately preceding calendar year as 
        including the value on that date of all annuity contracts which 
        were purchased with a portion of the account and from which 
        payments are made in accordance with Treas. Reg. section 
        1.401(a)(9)-6.
            (2) Annuity amount.--The term ``annuity amount'', with 
        respect to a year, is the total amount distributed in the year 
        from all annuity contracts described in paragraph (1).

    (c) Conforming Regulatory Amendments.--The Secretary of the Treasury 
(or the Secretary's delegate) shall amend the regulations under sections 
403(b)(10), 408(a)(6), 408(b)(3), and 457(d)(2) of the Internal Revenue 
Code of 1986 to conform to the amendments described in subsection (a). 
Such conforming amendments shall treat all individual retirement plans 
(as defined in section 7701(a)(37) of such Code) which an individual 
holds as the owner, or which an individual holds as a beneficiary of the 
same decedent, as one such plan for purposes of the amendments described 
in subsection (a). Such conforming amendments shall also treat all 
contracts described in section 403(b) of such Code which an individual 
holds as an employee, or which an individual holds as a beneficiary of 
the same decedent, as one such contract for such purposes.
    (d) Effective Date.--The modifications and amendments required under 
subsections (a) and (c) shall be deemed to have been made as of the date 
of the enactment of this Act, and as of such date--
            (1) all applicable laws shall be applied in all respects as 
        though the actions which the Secretary of the Treasury (or the 
        Secretary's delegate) is required to take under such subsections 
        had been taken, and

[[Page 136 STAT. 5335]]

            (2) until such time as such actions are taken, taxpayers may 
        rely upon their reasonable good faith interpretations of this 
        section.

  TITLE III--SIMPLIFICATION AND CLARIFICATION OF RETIREMENT PLAN RULES

SEC. 301. RECOVERY OF RETIREMENT PLAN OVERPAYMENTS.

    (a) Overpayments Under ERISA.--Section 206 of the Employee 
Retirement Income Security Act of 1974 (29 U.S.C. 1056) is amended by 
adding at the end the following new subsection:
    ``(h) Special Rules Applicable to Benefit Overpayments.--
            ``(1) General rule.--In the case of an inadvertent benefit 
        overpayment by any pension plan, the responsible plan fiduciary 
        shall not be considered to have failed to comply with the 
        requirements of this title merely because such fiduciary 
        determines, in the exercise of its discretion, not to seek 
        recovery of all or part of such overpayment from--
                    ``(A) any participant or beneficiary,
                    ``(B) any plan sponsor of, or contributing employer 
                to--
                          ``(i) an individual account plan, provided 
                      that the amount needed to prevent or restore any 
                      impermissible forfeiture from any participant's or 
                      beneficiary's account arising in connection with 
                      the overpayment is, separately from and 
                      independently of the overpayment, allocated to 
                      such account pursuant to the nonforfeitability 
                      requirements of section 203 (for example, out of 
                      the plan's forfeiture account, additional employer 
                      contributions, or recoveries from those 
                      responsible for the overpayment), or
                          ``(ii) a defined benefit pension plan subject 
                      to the funding rules in part 3 of this subtitle B, 
                      unless the responsible plan fiduciary determines, 
                      in the exercise of its fiduciary discretion, that 
                      failure to recover all or part of the overpayment 
                      faster than required under such funding rules 
                      would materially affect the plan's ability to pay 
                      benefits due to other participants and 
                      beneficiaries, or
                    ``(C) any fiduciary of the plan, other than a 
                fiduciary (including a plan sponsor or contributing 
                employer acting in a fiduciary capacity) whose breach of 
                its fiduciary duties resulted in such overpayment, 
                provided that if the plan has established prudent 
                procedures to prevent and minimize overpayment of 
                benefits and the relevant plan fiduciaries have followed 
                such procedures, an inadvertent benefit overpayment will 
                not give rise to a breach of fiduciary duty.
            ``(2) Reduction in future benefit payments and recovery from 
        responsible party.--Paragraph (1) shall not fail to apply with 
        respect to any inadvertent benefit overpayment merely because, 
        after discovering such overpayment, the responsible plan 
        fiduciary--
                    ``(A) reduces future benefit payments to the correct 
                amount provided for under the terms of the plan, or

[[Page 136 STAT. 5336]]

                    ``(B) seeks recovery from the person or persons 
                responsible for the overpayment.
            ``(3) Employer funding obligations.--Nothing in this 
        subsection shall relieve an employer of any obligation imposed 
        on it to make contributions to a plan to meet the minimum 
        funding standards under part 3 of this subtitle B or to prevent 
        or restore an impermissible forfeiture in accordance with 
        section 203.
            ``(4) Recoupment from participants and beneficiaries.--If 
        the responsible plan fiduciary, in the exercise of its fiduciary 
        discretion, decides to seek recoupment from a participant or 
        beneficiary of all or part of an inadvertent benefit overpayment 
        made by the plan to such participant or beneficiary, it may do 
        so, subject to the following conditions:
                    ``(A) No interest or other additional amounts (such 
                as collection costs or fees) are sought on overpaid 
                amounts for any period.
                    ``(B) If the plan seeks to recoup past overpayments 
                of a non-decreasing annuity by reducing future benefit 
                payments--
                          ``(i) the reduction ceases after the plan has 
                      recovered the full dollar amount of the 
                      overpayment,
                          ``(ii) the amount recouped each calendar year 
                      does not exceed 10 percent of the full dollar 
                      amount of the overpayment, and
                          ``(iii) future benefit payments are not 
                      reduced to below 90 percent of the periodic amount 
                      otherwise payable under the terms of the plan.
                Alternatively, if the plan seeks to recoup past 
                overpayments of a non-decreasing annuity through one or 
                more installment payments, the sum of such installment 
                payments in any calendar year does not exceed the sum of 
                the reductions that would be permitted in such year 
                under the preceding sentence.
                    ``(C) If the plan seeks to recoup past overpayments 
                of a benefit other than a non-decreasing annuity, the 
                plan satisfies requirements developed by the Secretary 
                of Labor for purposes of this subparagraph.
                    ``(D) Efforts to recoup overpayments are--
                          ``(i) not accompanied by threats of 
                      litigation, unless the responsible plan fiduciary 
                      makes a determination that there is a reasonable 
                      likelihood of success to recover an amount greater 
                      than the cost of recovery, and
                          ``(ii) not made through a collection agency or 
                      similar third party, unless the participant or 
                      beneficiary ignores or rejects efforts to recoup 
                      the overpayment following either a final judgment 
                      in Federal or State court or a settlement between 
                      the participant or beneficiary and the plan, in 
                      either case authorizing such recoupment.
                    ``(E) Recoupment of past overpayments to a 
                participant is not sought from any beneficiary of the 
                participant, including a spouse, surviving spouse, 
                former spouse, or other beneficiary.
                    ``(F) Recoupment may not be sought if the first 
                overpayment occurred more than 3 years before the 
                participant

[[Page 136 STAT. 5337]]

                or beneficiary is first notified in writing of the 
                error, except in the case of fraud or misrepresentation 
                by the participant.
                    ``(G) <<NOTE: Applicability.>>  A participant or 
                beneficiary from whom recoupment is sought is entitled 
                to contest all or part of the recoupment pursuant to the 
                claims procedures of the plan that made the overpayment 
                to the extent such procedures are consistent with 
                section 503 of this title and in the case of an 
                inadvertent benefit overpayment from a plan to which 
                paragraph (1) applies that is transferred to an eligible 
                retirement plan (as defined in section 402(c)(8)(B) of 
                the Internal Revenue Code of 1986) by or on behalf of a 
                participant or beneficiary--
                          ``(i) such plan shall notify the plan 
                      receiving the rollover of such dispute,
                          ``(ii) the plan receiving the rollover shall 
                      retain such overpayment on behalf of the 
                      participant or beneficiary (and shall be entitled 
                      to treat such overpayment as plan assets) pending 
                      the outcome of such procedures, and
                          ``(iii) the portion of such overpayment with 
                      respect to which recoupment is sought on behalf of 
                      the plan shall be permitted to be returned to such 
                      plan if it is determined to be an overpayment (and 
                      the plans making and receiving such transfer shall 
                      be treated as permitting such transfer).
                    ``(H) In determining the amount of recoupment to 
                seek, the responsible plan fiduciary may take into 
                account the hardship that recoupment likely would impose 
                on the participant or beneficiary.
            ``(5) Effect of culpability.--Subparagraphs (A) through (F) 
        of paragraph (4) shall not apply to protect a participant or 
        beneficiary who is culpable. For purposes of this paragraph, a 
        participant or beneficiary is culpable if the individual bears 
        responsibility for the overpayment (such as through 
        misrepresentations or omissions that led to the overpayment), or 
        if the individual knew that the benefit payment or payments were 
        materially in excess of the correct amount. Notwithstanding the 
        preceding sentence, an individual is not culpable merely because 
        the individual believed the benefit payment or payments were or 
        might be in excess of the correct amount, if the individual 
        raised that question with an authorized plan representative and 
        was told the payment or payments were not in excess of the 
        correct amount.''.

    (b) Overpayments Under Internal Revenue Code of 1986.--
            (1) Qualification requirements.--Section 414 <<NOTE: 26 USC 
        414.>>  is amended by adding at the end the following new 
        subsection:

    ``(aa) Special Rules Applicable to Benefit Overpayments.--
            ``(1) In general.--A plan shall not fail to be treated as 
        described in clause (i), (ii), (iii), or (iv) of section 
        219(g)(5)(A) (and shall not fail to be treated as satisfying the 
        requirements of section 401(a) or 403) merely because--
                    ``(A) the plan fails to obtain payment from any 
                participant, beneficiary, employer, plan sponsor, 
                fiduciary, or other party on account of any inadvertent 
                benefit overpayment made by the plan, or
                    ``(B) the plan sponsor amends the plan to increase 
                past, or decrease future, benefit payments to affected

[[Page 136 STAT. 5338]]

                participants and beneficiaries in order to adjust for 
                prior inadvertent benefit overpayments.
            ``(2) Reduction in future benefit payments and recovery from 
        responsible party.--Paragraph (1) shall not fail to apply to a 
        plan merely because, after discovering a benefit overpayment, 
        such plan--
                    ``(A) reduces future benefit payments to the correct 
                amount provided for under the terms of the plan, or
                    ``(B) seeks recovery from the person or persons 
                responsible for such overpayment.
            ``(3) Employer funding obligations.--Nothing in this 
        subsection shall relieve an employer of any obligation imposed 
        on it to make contributions to a plan to meet the minimum 
        funding standards under sections 412 and 430 or to prevent or 
        restore an impermissible forfeiture in accordance with section 
        411.
            ``(4) <<NOTE: Applicability.>>  Observance of benefit 
        limitations.--Notwithstanding paragraph (1), a plan to which 
        paragraph (1) applies shall observe any limitations imposed on 
        it by section 401(a)(17) or 415. The plan may enforce such 
        limitations using any method approved by the Secretary for 
        recouping benefits previously paid or allocations previously 
        made in excess of such limitations.
            ``(5) Coordination with other qualification requirements.--
        The <<NOTE: Regulations. Guidance. Applicability.>> Secretary 
        may issue regulations or other guidance of general applicability 
        specifying how benefit overpayments and their recoupment or non-
        recoupment from a participant or beneficiary shall be taken into 
        account for purposes of satisfying any requirement applicable to 
        a plan to which paragraph (1) applies.''.
            (2) Rollovers.--Section 402(c) is amended by adding at the 
        end the following new paragraph:
            ``(12) In the case of an inadvertent benefit overpayment 
        from a plan to which section 414(aa)(1) applies that is 
        transferred to an eligible retirement plan by or on behalf of a 
        participant or beneficiary--
                    ``(A) the portion of such overpayment with respect 
                to which recoupment is not sought on behalf of the plan 
                shall be treated as having been paid in an eligible 
                rollover distribution if the payment would have been an 
                eligible rollover distribution but for being an 
                overpayment, and
                    ``(B) the portion of such overpayment with respect 
                to which recoupment is sought on behalf of the plan 
                shall be permitted to be returned to such plan and in 
                such case shall be treated as an eligible rollover 
                distribution transferred to such plan by the participant 
                or beneficiary who received such overpayment (and the 
                plans making and receiving such transfer shall be 
                treated as permitting such transfer).''.

    (c) <<NOTE: 26 USC 402 note.>>  Effective Date.--The amendments made 
by this section shall apply as of the date of the enactment of this Act.

    (d) <<NOTE: 26 USC 402 note.>> Certain Actions Before Date of 
Enactment.--Plans, fiduciaries, employers, and plan sponsors are 
entitled to rely on--
            (1) a reasonable good faith interpretation of then existing 
        administrative guidance for inadvertent benefit overpayment 
        recoupments and recoveries that commenced before the date of 
        enactment of this Act, and

[[Page 136 STAT. 5339]]

            (2) determinations made before the date of enactment of this 
        Act by the responsible plan fiduciary, in the exercise of its 
        fiduciary discretion, not to seek recoupment or recovery of all 
        or part of an inadvertent benefit overpayment.

In the case of a benefit overpayment that occurred prior to the date of 
enactment of this Act, any installment payments by the participant or 
beneficiary to the plan or any reduction in periodic benefit payments to 
the participant or beneficiary, which were made in recoupment of such 
overpayment and which commenced prior to such date, may continue after 
such date. Nothing in this subsection shall relieve a fiduciary from 
responsibility for an overpayment that resulted from a breach of its 
fiduciary duties.
SEC. 302. REDUCTION IN EXCISE TAX ON CERTAIN ACCUMULATIONS IN 
                        QUALIFIED RETIREMENT PLANS.

    (a) In General.--Section 4974(a) <<NOTE: 26 USC 4974.>>  is amended 
by striking ``50 percent'' and inserting ``25 percent''.

    (b) Reduction in Excise Tax on Failures to Take Required Minimum 
Distributions.--Section 4974 is amended by adding at the end the 
following new subsection:
    ``(e) Reduction of Tax in Certain Cases.--
            ``(1) Reduction.--In the case of a taxpayer who--
                    ``(A) receives a distribution, during the correction 
                window, of the amount which resulted in imposition of a 
                tax under subsection (a) from the same plan to which 
                such tax relates, and
                    ``(B) submits a return, during the correction 
                window, reflecting such tax (as modified by this 
                subsection),
        the first sentence of subsection (a) shall be applied by 
        substituting `10 percent' for `25 percent'.
            ``(2) Correction window.--For purposes of this subsection, 
        the term `correction window' means the period of time beginning 
        on the date on which the tax under subsection (a) is imposed 
        with respect to a shortfall of distributions from a plan 
        described in subsection (a), and ending on the earliest of--
                    ``(A) the date of mailing a notice of deficiency 
                with respect to the tax imposed by subsection (a) under 
                section 6212,
                    ``(B) the date on which the tax imposed by 
                subsection (a) is assessed, or
                    ``(C) the last day of the second taxable year that 
                begins after the end of the taxable year in which the 
                tax under subsection (a) is imposed.''.

    (c) <<NOTE: 26 USC 4974 note.>> Effective Date.--The amendments made 
by this section shall apply to taxable years beginning after the date of 
the enactment of this Act.
SEC. 303. RETIREMENT SAVINGS LOST AND FOUND.

    (a) In General.--Part 5 of subtitle B of title I of the Employee 
Retirement Income Security Act of 1974 (29 U.S.C. 1131 et seq.) is 
amended by adding at the end the following:
``SEC. 523. <<NOTE: 29 USC 1153.>>  RETIREMENT SAVINGS LOST AND 
                        FOUND.

    ``(a) Establishment.--
            ``(1) <<NOTE: Deadline.>> In general.--Not later than 2 
        years after the date of the enactment of this section, the 
        Secretary, in consultation with the Secretary of the Treasury, 
        shall establish an online

[[Page 136 STAT. 5340]]

        searchable database (to be managed by the Secretary in 
        accordance with this section) to be known as the `Retirement 
        Savings Lost and Found'. The Retirement Savings Lost and Found 
        shall--
                    ``(A) allow an individual to search for information 
                that enables the individual to locate the administrator 
                of any plan described in paragraph (2) with respect to 
                which the individual is or was a participant or 
                beneficiary, and provide contact information for the 
                administrator of any such plan;
                    ``(B) allow the Secretary to assist such an 
                individual in locating any such plan of the individual; 
                and
                    ``(C) allow the Secretary to make any necessary 
                changes to contact information on record for the 
                administrator based on any changes to the plan due to 
                merger or consolidation of the plan with any other plan, 
                division of the plan into two or more plans, bankruptcy, 
                termination, change in name of the plan, change in name 
                or address of the administrator, or other causes.
            ``(2) Plans described.--A plan described in this paragraph 
        is a plan to which the vesting standards of section 203 apply.

    ``(b) Administration.--The Retirement Savings Lost and Found 
established under subsection (a) shall provide individuals described in 
subsection (a)(1) only with the ability to search for information that 
enables the individual to locate the administrator and contact 
information for the administrator of any plan with respect to which the 
individual is or was a participant or beneficiary, sufficient to allow 
the individual to locate the individual's plan in order to make a claim 
for benefits owing to the individual under the plan.
    ``(c) Safeguarding Participant Privacy and Security.--In 
establishing the Retirement Savings Lost and Found under subsection (a), 
the Secretary, in consultation with the Secretary of the Treasury, shall 
take all necessary and proper precautions to--
            ``(1) ensure that individuals' plan and personal information 
        maintained by the Retirement Savings Lost and Found is 
        protected; and
            ``(2) allow any individual to contact the Secretary to opt 
        out of inclusion in the Retirement Savings Lost and Found.

    ``(d) Definition of Administrator.--For purposes of this section, 
the term `administrator' has the meaning given such term in section 
3(16)(A).
    ``(e) <<NOTE: Effective date.>> Information Collection From Plans.--
Effective with respect to plan years beginning after the second December 
31 occurring after the date of the enactment of this subsection, the 
administrator of a plan to which the vesting standards of section 203 
apply shall submit to the Secretary, at such time and in such form and 
manner as is prescribed in regulations--
            ``(1) the information described in paragraphs (1) through 
        (4) of section 6057(b) of the Internal Revenue Code of 1986;
            ``(2) the information described in subparagraphs (A) and (B) 
        of section 6057(a)(2) of such Code;
            ``(3) the name and taxpayer identifying number of each 
        participant or former participant in the plan--
                    ``(A) who, during the current plan year or any 
                previous plan year, was reported under section 
                6057(a)(2)(C) of such

[[Page 136 STAT. 5341]]

                Code, and with respect to whom the benefits described in 
                clause (ii) thereof were fully paid during the plan 
                year;
                    ``(B) with respect to whom any amount was 
                distributed under section 401(a)(31)(B) of such Code 
                during the plan year; or
                    ``(C) with respect to whom a deferred annuity 
                contract was distributed during the plan year; and
            ``(4) <<NOTE: Applicability.>> in the case of a participant 
        or former participant to whom paragraph (3) applies--
                    ``(A) in the case of a participant described in 
                subparagraph (B) thereof, the name and address of the 
                designated trustee or issuer described in section 
                401(a)(31)(B)(i) of such Code and the account number of 
                the individual retirement plan to which the amount was 
                distributed; and
                    ``(B) in the case of a participant described in 
                subparagraph (C) thereof, the name and address of the 
                issuer of such annuity contract and the contract or 
                certificate number.

    ``(f) Use of Information Collected.--The Secretary--
            ``(1) may use or disclose information collected under this 
        section only for the purpose described in subsection (a)(1)(B), 
        and
            ``(2) may disclose such information only to such employees 
        of the Department of Labor whose official duties relate to the 
        purpose described in such subsection.

    ``(g) <<NOTE: Deadlines.>> Program Integrity Audit.--On an annual 
basis for each of the first 5 years beginning one year after the 
establishment of the database in subsection (a)(1) and every 5 years 
thereafter, the Inspector General of the Department of Labor shall--
            ``(1) conduct an audit of the administration of the 
        Retirement Savings Lost and Found; and
            ``(2) <<NOTE: Reports.>> submit a report on such audit to 
        the Committee on Health, Education, Labor, and Pensions and the 
        Committee on Finance of the Senate and the Committee on Ways and 
        Means and the Committee on Education and Labor of the House of 
        Representatives.''.

    (b) Conforming Amendment.--The table of contents for the Employee 
Retirement Income Security Act of 1974 (29 U.S.C. 1001 et seq.) is 
amended by inserting after the item relating to section 522 the 
following:

``Sec. 523. Retirement Savings Lost and Found.''.

SEC. 304. UPDATING DOLLAR LIMIT FOR MANDATORY DISTRIBUTIONS.

    (a) In General.--Section 203(e)(1) of the Employee Retirement Income 
Security Act of 1974 (29 U.S.C. 1053(e)(1)) and sections 
401(a)(31)(B)(ii) <<NOTE: 26 USC 401, 411.>> and 411(a)(11)(A) are each 
amended by striking ``$5,000'' and inserting ``$7,000''.

    (b) <<NOTE: 26 USC 401 note.>> Effective Date.--The amendments made 
by this section shall apply to distributions made after December 31, 
2023.
SEC. 305. <<NOTE: 26 USC 401 note.>>  EXPANSION OF EMPLOYEE PLANS 
                        COMPLIANCE RESOLUTION SYSTEM.

    (a) In General.--Except as otherwise provided in the Internal 
Revenue Code of 1986, regulations, or other guidance of general 
applicability prescribed by the Secretary of the Treasury or the 
Secretary's delegate (referred to in this section as the ``Secretary''), 
any eligible inadvertent failure to comply with the rules applicable

[[Page 136 STAT. 5342]]

under section 401(a), 403(a), 403(b), 408(p), or 408(k) of such Code may 
be self-corrected under the Employee Plans Compliance Resolution System 
(as described in Revenue Procedure 2021-30, or any successor guidance, 
and hereafter in this section referred to as the ``EPCRS''), except to 
the extent that (1) such failure was identified by the Secretary prior 
to any actions which demonstrate a specific commitment to implement a 
self-correction with respect to such failure, or (2) the self-correction 
is not completed within a reasonable period after such failure is 
identified. For purposes of self-correction of an eligible inadvertent 
failure, the correction period under section 9.02 of Revenue Procedure 
2021-30 (or any successor guidance), except as otherwise provided under 
such Code, regulations, or other guidance of general applicability 
prescribed by the Secretary, is indefinite and has no last day, other 
than with respect to failures identified by the Secretary prior to any 
actions which demonstrate a specific commitment to implement a self-
correction with respect to such failure or with respect to a self-
correction that is not completed within a reasonable period, as 
described in the preceding sentence.
    (b) Loan Errors.--In the case of an eligible inadvertent failure 
relating to a loan from a plan to a participant--
            (1) such failure may be self-corrected under subsection (a) 
        according to the rules of section 6.07 of Revenue Procedure 
        2021-30 (or any successor guidance), including the provisions 
        related to whether a deemed distribution must be reported on 
        Form 1099-R,
            (2) the Secretary of Labor shall treat any such failure 
        which is so self-corrected under subsection (a) as meeting the 
        requirements of the Voluntary Fiduciary Correction Program of 
        the Department of Labor if, with respect to the violation of the 
        fiduciary standards of the Employee Retirement Income Security 
        Act of 1974, there is a similar loan error eligible for 
        correction under EPCRS and the loan error is corrected in such 
        manner, and
            (3) the Secretary of Labor may impose reporting or other 
        procedural requirements with respect to parties that intend to 
        rely on the Voluntary Fiduciary Correction Program for self-
        corrections described in paragraph (2).

    (c) EPCRS for IRAs.--The Secretary shall expand the EPCRS to allow 
custodians of individual retirement plans (as defined in section 
7701(a)(37) of the Internal Revenue Code of 1986) to address eligible 
inadvertent failures with respect to an individual retirement plan (as 
so defined), including (but not limited to)--
            (1) <<NOTE: Applicability.>> waivers of the excise tax which 
        would otherwise apply under section 4974 of the Internal Revenue 
        Code of 1986, and
            (2) rules permitting a nonspouse beneficiary to return 
        distributions to an inherited individual retirement plan 
        described in section 408(d)(3)(C) of the Internal Revenue Code 
        of 1986 in a case where, due to an inadvertent error by a 
        service provider, the beneficiary had reason to believe that the 
        distribution could be rolled over without inclusion in income of 
        any part of the distributed amount.

    (d) Correction Methods for Eligible Inadvertent Failures.--
The <<NOTE: Guidance.>> Secretary shall issue guidance on correction 
methods that are required to be used to correct eligible inadvertent 
failures,

[[Page 136 STAT. 5343]]

including general principles of correction if a specific correction 
method is not specified by the Secretary.

    (e) Eligible Inadvertent Failure.--For purposes of this section--
            (1) In general.--Except as provided in paragraph (2), the 
        term ``eligible inadvertent failure'' means a failure that 
        occurs despite the existence of practices and procedures which--
                    (A) satisfy the standards set forth in section 4.04 
                of Revenue Procedure 2021-30 (or any successor 
                guidance), or
                    (B) satisfy similar standards in the case of an 
                individual retirement plan.
            (2) <<NOTE: Definition.>> Exception.--The term ``eligible 
        inadvertent failure'' shall not include any failure which is 
        egregious, relates to the diversion or misuse of plan assets, or 
        is directly or indirectly related to an abusive tax avoidance 
        transaction.

    (f) Application of Certain Requirements for Correcting Errors.--This 
section shall not apply to any failure unless the correction of such 
failure under this section is made in conformity with the general 
principles that apply to corrections of such failures under the Internal 
Revenue Code of 1986, including regulations or other guidance issued 
thereunder and including those principles and corrections set forth in 
Revenue Procedure 2021-30 (or any successor guidance).
    (g) <<NOTE: Deadline.>> Issuance of Guidance.--The Secretary of the 
Treasury, or the Secretary's delegate, shall revise Revenue Procedure 
2021-30 (or any successor guidance) to take into account the provisions 
of this section not later than the date which is 2 years after the date 
of enactment of this Act.
SEC. 306. ELIMINATE THE ``FIRST DAY OF THE MONTH'' REQUIREMENT FOR 
                        GOVERNMENTAL SECTION 457(b) PLANS.

    (a) In General.--Section 457(b)(4) <<NOTE: 26 USC 457.>>  is amended 
to read as follows:
            ``(4) which provides that compensation--
                    ``(A) in the case of an eligible employer described 
                in subsection (e)(1)(A), will be deferred only if an 
                agreement providing for such deferral has been entered 
                into before the compensation is currently available to 
                the individual, and
                    ``(B) in any other case, will be deferred for any 
                calendar month only if an agreement providing for such 
                deferral has been entered into before the beginning of 
                such month,''.

    (b) <<NOTE: 26 USC 457 note.>> Effective Date.--The amendment made 
by this section shall apply to taxable years beginning after the date of 
the enactment of this Act.
SEC. 307. ONE-TIME ELECTION FOR QUALIFIED CHARITABLE DISTRIBUTION 
                        TO SPLIT-INTEREST ENTITY; INCREASE IN 
                        QUALIFIED CHARITABLE DISTRIBUTION 
                        LIMITATION.

    (a) One-time Election for Qualified Charitable Distribution to 
Split-interest Entity.--Section 408(d)(8) is amended by adding at the 
end the following new subparagraph:
                    ``(F) One-time election for qualified charitable 
                distribution to split-interest entity.--
                          ``(i) In general.--A taxpayer may for a 
                      taxable year elect under this subparagraph to 
                      treat as meeting the requirement of subparagraph 
                      (B)(i) any distribution

[[Page 136 STAT. 5344]]

                      from an individual retirement account which is 
                      made directly by the trustee to a split-interest 
                      entity, but only if--
                                    ``(I) an election is not in effect 
                                under this subparagraph for a preceding 
                                taxable year,
                                    ``(II) the aggregate amount of 
                                distributions of the taxpayer with 
                                respect to which an election under this 
                                subparagraph is made does not exceed 
                                $50,000, and
                                    ``(III) such distribution meets the 
                                requirements of clauses (iii) and (iv).
                          ``(ii) <<NOTE: Definition.>> Split-interest 
                      entity.--For purposes of this subparagraph, the 
                      term `split-interest entity' means--
                                    ``(I) a charitable remainder annuity 
                                trust (as defined in section 664(d)(1)), 
                                but only if such trust is funded 
                                exclusively by qualified charitable 
                                distributions,
                                    ``(II) a charitable remainder 
                                unitrust (as defined in section 
                                664(d)(2)), but only if such unitrust is 
                                funded exclusively by qualified 
                                charitable distributions, or
                                    ``(III) a charitable gift annuity 
                                (as defined in section 501(m)(5)), but 
                                only if such annuity is funded 
                                exclusively by qualified charitable 
                                distributions and commences fixed 
                                payments of 5 percent or greater not 
                                later than 1 year from the date of 
                                funding.
                          ``(iii) Contributions must be otherwise 
                      deductible.--A distribution meets the requirements 
                      of this clause only if--
                                    ``(I) in the case of a distribution 
                                to a charitable remainder annuity trust 
                                or a charitable remainder unitrust, a 
                                deduction for the entire value of the 
                                remainder interest in the distribution 
                                for the benefit of a specified 
                                charitable organization would be 
                                allowable under section 170 (determined 
                                without regard to subsection (b) thereof 
                                and this paragraph), and
                                    ``(II) in the case of a charitable 
                                gift annuity, a deduction in an amount 
                                equal to the amount of the distribution 
                                reduced by the value of the annuity 
                                described in section 501(m)(5)(B) would 
                                be allowable under section 170 
                                (determined without regard to subsection 
                                (b) thereof and this paragraph).
                          ``(iv) Limitation on income interests.--A 
                      distribution meets the requirements of this clause 
                      only if--
                                    ``(I) no person holds an income 
                                interest in the split-interest entity 
                                other than the individual for whose 
                                benefit such account is maintained, the 
                                spouse of such individual, or both, and
                                    ``(II) the income interest in the 
                                split-interest entity is nonassignable.
                          ``(v) Special rules.--
                                    ``(I) Charitable remainder trusts.--
                                Notwithstanding section 664(b), 
                                distributions made

[[Page 136 STAT. 5345]]

                                from a trust described in subclause (I) 
                                or (II) of clause (ii) shall be treated 
                                as ordinary income in the hands of the 
                                beneficiary to whom the annuity 
                                described in section 664(d)(1)(A) or the 
                                payment described in section 
                                664(d)(2)(A) is paid.
                                    ``(II) Charitable gift annuities.--
                                Qualified charitable distributions made 
                                to fund a charitable gift annuity shall 
                                not be treated as an investment in the 
                                contract for purposes of section 
                                72(c).''.

    (b) Inflation Adjustment.--Section 408(d)(8), <<NOTE: 26 USC 
408.>> as amended by subsection (a), is further amended by adding at the 
end the following new subparagraph:
                    ``(G) Inflation adjustment.--
                          ``(i) <<NOTE: Effective date.>>  In general.--
                      In the case of any taxable year beginning after 
                      2023, each of the dollar amounts in subparagraphs 
                      (A) and (F) shall be increased by an amount equal 
                      to--
                                    ``(I) such dollar amount, multiplied 
                                by
                                    ``(II) the cost-of-living adjustment 
                                determined under section 1(f)(3) for the 
                                calendar year in which the taxable year 
                                begins, determined by substituting 
                                `calendar year 2022' for `calendar year 
                                2016' in subparagraph (A)(ii) thereof.
                          ``(ii) Rounding.--If any dollar amount 
                      increased under clause (i) is not a multiple of 
                      $1,000, such dollar amount shall be rounded to the 
                      nearest multiple of $1,000.''.

    (c) <<NOTE: 26 USC 408 note.>> Effective Date.--The amendment made 
by this section shall apply to distributions made in taxable years 
beginning after the date of the enactment of this Act.
SEC. 308. DISTRIBUTIONS TO FIREFIGHTERS.

    (a) In General.--Subparagraph (A) of section 72(t)(10) is amended by 
striking ``414(d))'' and inserting ``414(d)) or a distribution from a 
plan described in clause (iii), (iv), or (vi) of section 402(c)(8)(B) to 
an employee who provides firefighting services''.
    (b) Conforming Amendment.--The heading of paragraph (10) of section 
72(t) is amended by striking ``in governmental plans'' and inserting 
``and private sector firefighters''.
    (c) <<NOTE: 26 USC 72 note.>> Effective Date.--The amendments made 
by this section shall apply to distributions made after the date of the 
enactment of this Act.
SEC. 309. EXCLUSION OF CERTAIN DISABILITY-RELATED FIRST RESPONDER 
                        RETIREMENT PAYMENTS.

    (a) In General.--Part III of subchapter B of chapter 1 is amended by 
inserting after section 139B the following new section:
``SEC. 139C. <<NOTE: 26 USC 139C.>>  CERTAIN DISABILITY-RELATED 
                          FIRST RESPONDER RETIREMENT PAYMENTS.

    ``(a) In General.--In the case of an individual who receives 
qualified first responder retirement payments for any taxable year, 
gross income shall not include so much of such payments as do not exceed 
the annualized excludable disability amount with respect to such 
individual.

[[Page 136 STAT. 5346]]

    ``(b) <<NOTE: Definition.>> Qualified First Responder Retirement 
Payments.--For purposes of this section, the term `qualified first 
responder retirement payments' means, with respect to any taxable year, 
any pension or annuity which but for this section would be includible in 
gross income for such taxable year and which is received--
            ``(1) from a plan described in clause (iii), (iv), (v), or 
        (vi) of section 402(c)(8)(B), and
            ``(2) in connection with such individual's qualified first 
        responder service.

    ``(c) <<NOTE: Definitions.>> Annualized Excludable Disability 
Amount.--For purposes of this section--
            ``(1) <<NOTE: Time period.>> In general.--The term 
        `annualized excludable disability amount' means, with respect to 
        any individual, the service-connected excludable disability 
        amounts which are properly attributable to the 12-month period 
        immediately preceding the date on which such individual attains 
        retirement age.
            ``(2) Service-connected excludable disability amount.--The 
        term `service-connected excludable disability amount' means 
        periodic payments received by an individual which--
                    ``(A) are not includible in such individual's gross 
                income under section 104(a)(1),
                    ``(B) are received in connection with such 
                individual's qualified first responder service, and
                    ``(C) terminate when such individual attains 
                retirement age.
            ``(3) <<NOTE: Applicability.>>  Special rule for partial-
        year payments.--In the case of an individual who only receives 
        service-connected excludable disability amounts properly 
        attributable to a portion of the 12-month period described in 
        paragraph (1), such paragraph shall be applied by multiplying 
        such amounts by the ratio of 365 to the number of days in such 
        period to which such amounts were properly attributable.

    ``(d) Qualified First Responder Service.--For purposes of this 
section, the term `qualified first responder service' means service as a 
law enforcement officer, firefighter, paramedic, or emergency medical 
technician.''.
    (b) Clerical Amendment.--The table of sections for part III of 
subchapter B of chapter 1 is <<NOTE: 26 USC prec. 101.>> amended by 
inserting after the item relating to section 139B the following new 
item:

``Sec. 139C. Certain disability-related first responder retirement 
           payments.''.

    (c) <<NOTE: 26 USC 139C note.>>  Effective Date.--The amendments 
made by this section shall apply to amounts received with respect to 
taxable years beginning after December 31, 2026.
SEC. 310. APPLICATION OF TOP HEAVY RULES TO DEFINED CONTRIBUTION 
                        PLANS COVERING EXCLUDABLE EMPLOYEES.

    (a) In General.--Paragraph (2) of section 416(c) is amended by 
adding at the end the following new subparagraph:
                    ``(C) Application to employees not meeting age and 
                service requirements.--Any employees not meeting the age 
                or service requirements of section 410(a)(1) (without 
                regard to subparagraph (B) thereof) may be excluded from 
                consideration in determining whether any plan of the 
                employer meets the requirements of subparagraphs (A) and 
                (B).''.

[[Page 136 STAT. 5347]]

    (b) <<NOTE: 26 USC 416 note.>> Effective Date.--The amendment made 
by subsection (a) shall apply to plan years beginning after December 31, 
2023.
SEC. 311. REPAYMENT OF QUALIFIED BIRTH OR ADOPTION DISTRIBUTION 
                        LIMITED TO 3 YEARS.

    (a) In General.--Section 72(t)(2)(H)(v)(I) <<NOTE: 26 USC 72.>> is 
amended by striking ``may make'' and inserting ``may, at any time during 
the 3-year period beginning on the day after the date on which such 
distribution was received, make''.

    (b) <<NOTE: 26 USC 72 note.>>  Effective Date.--
            (1) In general.--Except as provided in paragraph (2), the 
        amendment made by this section shall apply to distributions made 
        after the date of the enactment of this Act.
            (2) Temporary rule with respect to distributions already 
        made.--In <<NOTE: Applicability.>> the case of a qualified birth 
        or adoption distribution (as defined in section 
        72(t)(2)(H)(iii)(I) of the Internal Revenue Code of 1986) made 
        on or before the date of the enactment of this Act, section 
        72(t)(2)(H)(v)(I) of such Code (as amended by this Act) shall 
        apply to such distribution by substituting ``after such 
        distribution and before January 1, 2026'' for ``during the 3-
        year period beginning on the day after the date on which such 
        distribution was received''.
SEC. 312. EMPLOYER <<NOTE: Determinations.>> MAY RELY ON EMPLOYEE 
                        CERTIFYING THAT DEEMED HARDSHIP 
                        DISTRIBUTION CONDITIONS ARE MET.

    (a) Cash or Deferred Arrangements.--Section 401(k)(14) is amended by 
adding at the end the following new subparagraph:
                    ``(C) Employee certification.--In determining 
                whether a distribution is upon the hardship of an 
                employee, the administrator of the plan may rely on a 
                written certification by the employee that the 
                distribution is--
                          ``(i) on account of a financial need of a type 
                      which is deemed in regulations prescribed by the 
                      Secretary to be an immediate and heavy financial 
                      need, and
                          ``(ii) not in excess of the amount required to 
                      satisfy such financial need, and
                that the employee has no alternative means reasonably 
                available to satisfy such financial need. The Secretary 
                may provide by regulations for exceptions to the rule of 
                the preceding sentence in cases where the plan 
                administrator has actual knowledge to the contrary of 
                the employee's certification, and for procedures for 
                addressing cases of employee misrepresentation.''.

    (b) 403(b) Plans.--
            (1) Custodial accounts.--Section 403(b)(7) is amended by 
        adding at the end the following new subparagraph:
                    ``(D) Employee certification.--In determining 
                whether a distribution is upon the financial hardship of 
                an employee, the administrator of the plan may rely on a 
                written certification by the employee that the 
                distribution is--
                          ``(i) on account of a financial need of a type 
                      which is deemed in regulations prescribed by the 
                      Secretary to be an immediate and heavy financial 
                      need, and
                          ``(ii) not in excess of the amount required to 
                      satisfy such financial need, and
                that the employee has no alternative means reasonably 
                available to satisfy such financial need. The Secretary 
                may

[[Page 136 STAT. 5348]]

                provide by regulations for exceptions to the rule of the 
                preceding sentence in cases where the plan administrator 
                has actual knowledge to the contrary of the employee's 
                certification, and for procedures for addressing cases 
                of employee misrepresentation.''.
            (2) <<NOTE: 26 USC 403.>> Annuity contracts.--Section 
        403(b)(11) is amended by adding at the end the following: ``In 
        determining whether a distribution is upon hardship of an 
        employee, the administrator of the plan may rely on a written 
        certification by the employee that the distribution is on 
        account of a financial need of a type which is deemed in 
        regulations prescribed by the Secretary to be an immediate and 
        heavy financial need and is not in excess of the amount required 
        to satisfy such financial need, and that the employee has no 
        alternative means reasonably available to satisfy such financial 
        need. The Secretary may provide by regulations for exceptions to 
        the rule of the preceding sentence in cases where the plan 
        administrator has actual knowledge to the contrary of the 
        employee's certification, and for procedures for addressing 
        cases of employee misrepresentation.''.

    (c) 457(b) Plan.--Section 457(d) is amended by adding at the end the 
following new paragraph:
            ``(4) Participant certification.--In determining whether a 
        distribution to a participant is made when the participant is 
        faced with an unforeseeable emergency, the administrator of a 
        plan maintained by an eligible employer described in subsection 
        (e)(1)(A) may rely on a written certification by the participant 
        that the distribution is--
                    ``(A) made when the participant is faced with an 
                unforeseeable emergency of a type which is described in 
                regulations prescribed by the Secretary as an 
                unforeseeable emergency, and
                    ``(B) not in excess of the amount required to 
                satisfy the emergency need, and
        that the participant has no alternative means reasonably 
        available to satisfy such emergency need. The Secretary may 
        provide by regulations for exceptions to the rule of the 
        preceding sentence in cases where the plan administrator has 
        actual knowledge to the contrary of the participant's 
        certification, and for procedures for addressing cases of 
        participant misrepresentation.''.

    (d) <<NOTE: 26 USC 401 note.>>  Effective Date.--The amendments made 
by this section shall apply to plan years beginning after the date of 
the enactment of this Act.
SEC. 313. INDIVIDUAL RETIREMENT PLAN STATUTE OF LIMITATIONS FOR 
                        EXCISE TAX ON EXCESS CONTRIBUTIONS AND 
                        CERTAIN ACCUMULATIONS.

    (a) In General.--Section 6501(l) is amended by adding at the end the 
following new paragraph:
            ``(4) Individual retirement plans.--
                    ``(A) In general.--For purposes of any tax imposed 
                by section 4973 or 4974 in connection with an individual 
                retirement plan, the return referred to in this section 
                shall include the income tax return filed by the person 
                on whom the tax under such section is imposed for the 
                year in

[[Page 136 STAT. 5349]]

                which the act (or failure to act) giving rise to the 
                liability for such tax occurred.
                    ``(B) Rule in case of individuals not required to 
                file return.--In the case of a person who is not 
                required to file an income tax return for such year--
                          ``(i) the return referred to in this section 
                      shall be the income tax return that such person 
                      would have been required to file but for the fact 
                      that such person was not required to file such 
                      return, and
                          ``(ii) <<NOTE: Time period.>>  the 3-year 
                      period referred to in subsection (a) with respect 
                      to the return shall be deemed to begin on the date 
                      by which the return would have been required to be 
                      filed (excluding any extension thereof).
                    ``(C) Period for assessment in case of income tax 
                return.--In <<NOTE: Applicability.>> any case in which 
                the return with respect to a tax imposed by section 4973 
                is the individual's income tax return for purposes of 
                this section, subsection (a) shall be applied by 
                substituting a 6-year period in lieu of the 3-year 
                period otherwise referred to in such subsection.
                    ``(D) Exception for certain acquisitions of 
                property.--In the case of any tax imposed by section 
                4973 that is attributable to acquiring property for less 
                than fair market value, subparagraph (A) shall not 
                apply.''.

    (b) <<NOTE: 26 USC 6501 note.>> Effective Date.--The amendments made 
by this section shall take effect on the date of the enactment of this 
Act.
SEC. 314. PENALTY-FREE WITHDRAWAL FROM RETIREMENT PLANS FOR 
                        INDIVIDUAL IN CASE OF DOMESTIC ABUSE.

    (a) In General.--Paragraph (2) of section 72(t), <<NOTE: 26 USC 
72.>>  as amended by this Act, is further amended by adding at the end 
the following new subparagraph:
                    ``(K) Distribution from retirement plan in case of 
                domestic abuse.--
                          ``(i) In general.--Any eligible distribution 
                      to a domestic abuse victim.
                          ``(ii) Limitation.--The aggregate amount which 
                      may be treated as an eligible distribution to a 
                      domestic abuse victim by any individual shall not 
                      exceed an amount equal to the lesser of--
                                    ``(I) $10,000, or
                                    ``(II) 50 percent of the present 
                                value of the nonforfeitable accrued 
                                benefit of the employee under the plan.
                          ``(iii) Eligible distribution to a domestic 
                      abuse victim.--For purposes of this subparagraph--
                                    ``(I) <<NOTE: Time period.>> In 
                                general.--A distribution shall be 
                                treated as an eligible distribution to a 
                                domestic abuse victim if such 
                                distribution is from an applicable 
                                eligible retirement plan and is made to 
                                an individual during the 1-year period 
                                beginning on any date on which the 
                                individual is a victim of domestic abuse 
                                by a spouse or domestic partner.
                                    ``(II) <<NOTE: Definition.>>  
                                Domestic abuse.--The term `domestic 
                                abuse' means physical, psychological, 
                                sexual, emotional, or economic abuse, 
                                including efforts to control, isolate, 
                                humiliate, or intimidate the victim, or 
                                to undermine the victim's ability to 
                                reason

[[Page 136 STAT. 5350]]

                                independently, including by means of 
                                abuse of the victim's child or another 
                                family member living in the household.
                          ``(iv) Treatment of plan distributions.--If a 
                      distribution to an individual would (without 
                      regard to clause (ii)) be an eligible distribution 
                      to a domestic abuse victim, a plan shall not be 
                      treated as failing to meet any requirement of this 
                      title merely because the plan treats the 
                      distribution as an eligible distribution to a 
                      domestic abuse victim, unless the aggregate amount 
                      of such distributions from all plans maintained by 
                      the employer (and any member of any controlled 
                      group which includes the employer, determined as 
                      provided in subparagraph (H)(iv)(II)) to such 
                      individual exceeds the limitation under clause 
                      (ii).
                          ``(v) <<NOTE: Applicability.>> Amount 
                      distributed may be repaid.--Rules similar to the 
                      rules of subparagraph (H)(v) shall apply with 
                      respect to an individual who receives a 
                      distribution to which clause (i) applies.
                          ``(vi) Definition and special rules.--For 
                      purposes of this subparagraph:
                                    ``(I) Applicable eligible retirement 
                                plan.--The term `applicable eligible 
                                retirement plan' means an eligible 
                                retirement plan (as defined in section 
                                402(c)(8)(B)) other than a defined 
                                benefit plan or a plan to which sections 
                                401(a)(11) and 417 apply.
                                    ``(II) Exemption of distributions 
                                from trustee to trustee transfer and 
                                withholding rules.--For purposes of 
                                sections 401(a)(31), 402(f), and 3405, 
                                an eligible distribution to a domestic 
                                abuse victim shall not be treated as an 
                                eligible rollover distribution.
                                    ``(III) Distributions treated as 
                                meeting plan distribution requirements; 
                                self-certification.--Any distribution 
                                which the employee or participant 
                                certifies as being an eligible 
                                distribution to a domestic abuse victim 
                                shall be treated as meeting the 
                                requirements of sections 
                                401(k)(2)(B)(i), 403(b)(7)(A)(i), 
                                403(b)(11), and 457(d)(1)(A).
                          ``(vii) <<NOTE: Effective dates.>>  Inflation 
                      adjustment.--In the case of a taxable year 
                      beginning in a calendar year after 2024, the 
                      $10,000 amount in clause (ii)(I) shall be 
                      increased by an amount equal to--
                                    ``(I) such dollar amount, multiplied 
                                by
                                    ``(II) the cost-of-living adjustment 
                                determined under section 1(f)(3) for the 
                                calendar year in which the taxable year 
                                begins, determined by substituting 
                                `calendar year 2023' for `calendar year 
                                2016' in subparagraph (A)(ii) thereof.
                      If any amount after adjustment under the preceding 
                      sentence is not a multiple of $100, such amount 
                      shall be rounded to the nearest multiple of 
                      $100.''.

    (b) <<NOTE: 26 USC 72 note.>> Effective Date.--The amendments made 
by this section shall apply to distributions made after December 31, 
2023.

[[Page 136 STAT. 5351]]

SEC. 315. REFORM OF FAMILY ATTRIBUTION RULE.

    (a) In General.--Section 414 <<NOTE: 26 USC 414.>>  is amended--
            (1) in subsection (b)--
                    (A) by striking ``For purposes of'' and inserting 
                the following:
            ``(1) In general.--For purposes of'', and
                    (B) by adding at the end the following new 
                paragraphs:
            ``(2) Special rules for applying family attribution.--For 
        purposes of applying the attribution rules under section 1563 
        with respect to paragraph (1), the following rules apply:
                    ``(A) Community property laws shall be disregarded 
                for purposes of determining ownership.
                    ``(B) Except as provided by the Secretary, stock of 
                an individual not attributed under section 1563(e)(5) to 
                such individual's spouse shall not be attributed to such 
                spouse by reason of the combined application of 
                paragraphs (1) and (6)(A) of section 1563(e).
                    ``(C) Except as provided by the Secretary, in the 
                case of stock in different corporations that is 
                attributed to a child under section 1563(e)(6)(A) from 
                each parent, and is not attributed to such parents as 
                spouses under section 1563(e)(5), such attribution to 
                the child shall not by itself result in such 
                corporations being members of the same controlled group.
            ``(3) Plan shall not fail to be treated as satisfying this 
        section.--If application of paragraph (2) causes 2 or more 
        entities to be a controlled group or to no longer be in a 
        controlled group, such change shall be treated as a transaction 
        to which section 410(b)(6)(C) applies.'', and
            (2) in subsection (m)(6)(B)--
                    (A) by striking ``Ownership.--In determining'' and 
                inserting the following: ``Ownership.--
                          ``(i) In general.--In determining'',
                    (B) by adding at the end the following new clauses:
                          ``(ii) Special rules for applying family 
                      attribution.--For purposes of applying the 
                      attribution rules under section 318 with respect 
                      to clause (i), the following rules apply:
                                    ``(I) Community property laws shall 
                                be disregarded for purposes of 
                                determining ownership.
                                    ``(II) Except as provided by the 
                                Secretary, stock of an individual not 
                                attributed under section 318(a)(1)(A)(i) 
                                to such individual's spouse shall not be 
                                attributed by reason of the combined 
                                application of paragraphs (1)(A)(ii) and 
                                (4) of section 318(a) to such spouse 
                                from a child who has not attained the 
                                age of 21 years.
                                    ``(III) Except as provided by the 
                                Secretary, in the case of stock in 
                                different organizations which is 
                                attributed under section 
                                318(a)(1)(A)(ii) from each parent to a 
                                child who has not attained the age of 21 
                                years, and is not attributed to such 
                                parents as spouses under section 
                                318(a)(1)(A)(i), such attribution to the 
                                child shall not by itself result in such 
                                organizations being members of the same 
                                affiliated service group.

[[Page 136 STAT. 5352]]

                          ``(iii) Plan shall not fail to be treated as 
                      satisfying this section.--
                      If <<NOTE: Applicability.>> the application of 
                      clause (ii) causes two or more entities to be an 
                      affiliated service group, or to no longer be in an 
                      affiliated service group, such change shall be 
                      treated as a transaction to which section 
                      410(b)(6)(C) applies.'', and
                    (C) by striking ``apply'' in clause (i), as so 
                added, and inserting ``apply, except that community 
                property laws shall be disregarded for purposes of 
                determining ownership''.

    (b) <<NOTE: 26 USC 414 note.>>  Effective Date.--The amendments made 
by this section shall apply to plan years beginning after December 31, 
2023.
SEC. 316. AMENDMENTS TO INCREASE BENEFIT ACCRUALS UNDER PLAN FOR 
                        PREVIOUS PLAN YEAR ALLOWED UNTIL EMPLOYER 
                        TAX RETURN DUE DATE.

    (a) In General.--Section 401(b) <<NOTE: 26 USC 401.>>  is amended by 
adding at the end the following new paragraph:
            ``(3) Retroactive plan amendments that increase benefit 
        accruals.--If--
                    ``(A) an employer amends a stock bonus, pension, 
                profit-sharing, or annuity plan to increase benefits 
                accrued under the plan effective as of any date during 
                the immediately preceding plan year (other than 
                increasing the amount of matching contributions (as 
                defined in subsection (m)(4)(A))),
                    ``(B) such amendment would not otherwise cause the 
                plan to fail to meet any of the requirements of this 
                subchapter, and
                    ``(C) such amendment is adopted before the time 
                prescribed by law for filing the return of the employer 
                for the taxable year (including extensions thereof) 
                which includes the date described in subparagraph (A),
        the employer may elect to treat such amendment as having been 
        adopted as of the last day of the plan year in which the 
        amendment is effective.''.

    (b) <<NOTE: 26 USC 401 note.>>  Effective Date.--The amendments made 
by this section shall apply to plan years beginning after December 31, 
2023.
SEC. 317. RETROACTIVE FIRST YEAR ELECTIVE DEFERRALS FOR SOLE 
                        PROPRIETORS.

    (a) In General.--Section 401(b)(2) is amended by adding at the end 
the following: ``In the case of an individual who owns the entire 
interest in an unincorporated trade or business, and who is the only 
employee of such trade or business, any elective deferrals (as defined 
in section 402(g)(3)) under a qualified cash or deferred arrangement to 
which the preceding sentence applies, which are made by such individual 
before the time for filing the return of such individual for the taxable 
year (determined without regard to any extensions) ending after or with 
the end of the plan's first plan year, shall be treated as having been 
made before the end of such first plan year.''.
    (b) <<NOTE: 26 USC 401 note.>> Effective Date.--The amendment made 
by this section shall apply to plan years beginning after the date of 
the enactment of this Act.

[[Page 136 STAT. 5353]]

SEC. 318. <<NOTE: Deadlines.>>  PERFORMANCE BENCHMARKS FOR ASSET 
                        ALLOCATION FUNDS.

    (a) <<NOTE: Regulations. 29 USC 1104 note.>>  In General.--Not later 
than 2 years after the date of enactment of this Act, the Secretary of 
Labor shall promulgate regulations under section 404 of the Employee 
Retirement Income Security Act of 1974 (29 U.S.C. 1104) providing that, 
in the case of a designated investment alternative that contains a mix 
of asset classes, the administrator of a plan may, but is not required 
to, use a benchmark that is a blend of different broad-based securities 
market indices if--
            (1) the blend is reasonably representative of the asset 
        class holdings of the designated investment alternative;
            (2) for purposes of determining the blend's returns for 1-, 
        5-, and 10-calendar-year periods (or for the life of the 
        alternative, if shorter), the blend is modified at least once 
        per year if needed to reflect changes in the asset class 
        holdings of the designated investment alternative;
            (3) the blend is furnished to participants and beneficiaries 
        in a manner that is reasonably calculated to be understood by 
        the average plan participant; and
            (4) each securities market index that is used for an 
        associated asset class would separately satisfy the requirements 
        of such regulation for such asset class.

    (b) Study.--Not later than 3 years after the applicability date of 
regulations issued under this section, the Secretary of Labor shall 
deliver a report to the Committees on Finance and Health, Education, 
Labor, and Pensions of the Senate and the Committees on Ways and Means 
and Education and Labor of the House of Representatives regarding the 
utilization, and participants' understanding, of the benchmarking 
requirements under this section.
SEC. 319. REVIEW AND REPORT TO CONGRESS RELATING TO REPORTING AND 
                        DISCLOSURE REQUIREMENTS.

    (a) Study.--As soon as practicable after the date of enactment of 
this Act, the Secretary of Labor, the Secretary of the Treasury, and the 
Director of the Pension Benefit Guaranty Corporation shall review the 
reporting and disclosure requirements as applicable to each such agency 
head, of--
            (1) the Employee Retirement Income Security Act of 1974 
        applicable to pension plans (as defined in section 3(2) of such 
        Act (29 U.S.C. 1002(2)) covered by title I of such Act; and
            (2) the Internal Revenue Code of 1986 applicable to 
        qualified retirement plans (as defined in section 4974(c) of 
        such Code, without regard to paragraphs (4) and (5) of such 
        section).

    (b) Report.--
            (1) <<NOTE: Consultation. Recommenda- tions.>> In general.--
        Not later than 3 years after the date of enactment of this Act, 
        the Secretary of Labor, the Secretary of the Treasury, and the 
        Director of the Pension Benefit Guaranty Corporation, jointly, 
        and after consultation with a balanced group of participant and 
        employer representatives, shall with respect to plans referenced 
        in subsection (a) report on the effectiveness of the applicable 
        reporting and disclosure requirements and make such 
        recommendations as may be appropriate to the Committee on 
        Education and Labor and the Committee on Ways and Means of the 
        House of Representatives and the Committee on Health, Education, 
        Labor, and Pensions and the Committee on Finance of the Senate 
        to consolidate, simplify,

[[Page 136 STAT. 5354]]

        standardize, and improve such requirements so as to simplify 
        reporting for, and disclosure from, such plans and ensure that 
        plans can furnish and participants and beneficiaries timely 
        receive and better understand the information they need to 
        monitor their plans, plan for retirement, and obtain the 
        benefits they have earned.
            (2) Analysis of effectiveness.--To assess the effectiveness 
        of the applicable reporting and disclosure requirements, the 
        report shall include an analysis of how participants and 
        beneficiaries are providing preferred contact information, the 
        methods by which plan sponsors and plans are furnishing 
        disclosures, and the rate at which participants and 
        beneficiaries are receiving, accessing, understanding, and 
        retaining disclosures.
            (3) <<NOTE: Surveys. Data.>> Collection of information.--The 
        agencies shall conduct appropriate surveys and data collection 
        to obtain any needed information.
SEC. 320. ELIMINATING UNNECESSARY PLAN REQUIREMENTS RELATED TO 
                        UNENROLLED PARTICIPANTS.

    (a) Amendment of ERISA.--
            (1) In general.--Part 1 of subtitle B of title I of the 
        Employee Retirement Income Security Act of 1974 (29 U.S.C. 1021 
        et seq.) <<NOTE: 18 USC 664, prec. 1001, 1027, 1954; 29 USC 441, 
        1031.>> is amended by redesignating section 111 as section 112 
        and by inserting after section 110 the following new section:
``SEC. 111. <<NOTE: 29 USC 1030a.>> ELIMINATING UNNECESSARY PLAN 
                        REQUIREMENTS RELATED TO UNENROLLED 
                        PARTICIPANTS.

    ``(a) In General.--Notwithstanding any other provision of this 
title, with respect to any individual account plan, no disclosure, 
notice, or other plan document (other than the notices and documents 
described in paragraphs (1) and (2)) shall be required to be furnished 
under this title to any unenrolled participant if the unenrolled 
participant is furnished--
            ``(1) an annual reminder notice of such participant's 
        eligibility to participate in such plan and any applicable 
        election deadlines under the plan; and
            ``(2) any document requested by such participant that the 
        participant would be entitled to receive notwithstanding this 
        section.

    ``(b) Unenrolled Participant.--For purposes of this section, the 
term `unenrolled participant' means an employee who--
            ``(1) is eligible to participate in an individual account 
        plan;
            ``(2) has been furnished--
                    ``(A) the summary plan description pursuant to 
                section 104(b), and
                    ``(B) any other notices related to eligibility under 
                the plan required to be furnished under this title, or 
                the Internal Revenue Code of 1986, in connection with 
                such participant's initial eligibility to participate in 
                such plan;
            ``(3) is not participating in such plan; and
            ``(4) satisfies such other criteria as the Secretary of 
        Labor may determine appropriate, as prescribed in guidance 
        issued in consultation with the Secretary of Treasury.

For purposes of this section, any eligibility to participate in the plan 
following any period for which such employee was not eligible to 
participate shall be treated as initial eligibility.

[[Page 136 STAT. 5355]]

    ``(c) <<NOTE: Definition.>>  Annual Reminder Notice.--For purposes 
of this section, the term `annual reminder notice' means a notice 
provided in accordance with section 2520.104b-1 of title 29, Code of 
Federal Regulations (or any successor regulation), which--
            ``(1) is furnished in connection with the annual open season 
        election period with respect to the plan or, if there is no such 
        period, is furnished within a reasonable period prior to the 
        beginning of each plan year;
            ``(2) notifies the unenrolled participant of--
                    ``(A) the unenrolled participant's eligibility to 
                participate in the plan; and
                    ``(B) the key benefits and rights under the plan, 
                with a focus on employer contributions and vesting 
                provisions; and
            ``(3) provides such information in a prominent manner 
        calculated to be understood by the average participant.''.
            (2) Clerical amendment.--The table of contents in section 1 
        of the Employee Retirement Income Security Act of 1974 is 
        amended by striking the item relating to section 111 and by 
        inserting after the item relating to section 110 the following 
        new items:

``Sec. 111. Eliminating unnecessary plan requirements related to 
           unenrolled participants.
``Sec. 112. Repeal and effective date.''.

    (b) Amendment of Internal Revenue Code of 1986.--Section 414, as 
amended by the preceding provisions of this Act, <<NOTE: 26 USC 414.>>  
is amended by adding at the end the following new subsection:

    ``(bb) Eliminating Unnecessary Plan Requirements Related to 
Unenrolled Participants.--
            ``(1) In general.--Notwithstanding any other provision of 
        this title, with respect to any defined contribution plan, no 
        disclosure, notice, or other plan document (other than the 
        notices and documents described in subparagraphs (A) and (B)) 
        shall be required to be furnished under this title to any 
        unenrolled participant if the unenrolled participant is 
        furnished--
                    ``(A) an annual reminder notice of such 
                participant's eligibility to participate in such plan 
                and any applicable election deadlines under the plan, 
                and
                    ``(B) any document requested by such participant 
                that the participant would be entitled to receive 
                notwithstanding this subsection.
            ``(2) <<NOTE: Definition.>> Unenrolled participant.--For 
        purposes of this subsection, the term `unenrolled participant' 
        means an employee who--
                    ``(A) is eligible to participate in a defined 
                contribution plan,
                    ``(B) has been furnished--
                          ``(i) the summary plan description pursuant to 
                      section 104(b) of the Employee Retirement Income 
                      Security Act of 1974, and
                          ``(ii) any other notices related to 
                      eligibility under the plan and required to be 
                      furnished under this title, or the Employee 
                      Retirement Income Security Act of 1974, in 
                      connection with such participant's initial 
                      eligibility to participate in such plan,
                    ``(C) is not participating in such plan, and

[[Page 136 STAT. 5356]]

                    ``(D) satisfies such other criteria as the Secretary 
                of the Treasury may determine appropriate, as prescribed 
                in guidance issued in consultation with the Secretary of 
                Labor.
        For purposes of this subsection, any eligibility to participate 
        in the plan following any period for which such employee was not 
        eligible to participate shall be treated as initial eligibility.
            ``(3) <<NOTE: Definition.>> Annual reminder notice.--For 
        purposes of this subsection, the term `annual reminder notice' 
        means the notice described in section 111(c) of the Employee 
        Retirement Income Security Act of 1974.''.

    (c) <<NOTE: 26 USC 414 note.>> Effective Date.--The amendments made 
by this section shall apply to plan years beginning after December 31, 
2022.
SEC. 321. REVIEW OF PENSION RISK TRANSFER INTERPRETIVE BULLETIN.

     <<NOTE: Deadline.>> Not later than 1 year after the date of 
enactment of this Act, the Secretary of Labor shall--
            (1) <<NOTE: Consultation. Determination.>> review section 
        2509.95-1 of title 29, Code of Federal Regulations (relating to 
        the fiduciary standards under the Employee Retirement Income 
        Security Act of 1974 when selecting an annuity provider for a 
        defined benefit pension plan) and consult with the Advisory 
        Council on Employee Welfare and Pension Benefit Plans 
        (established under section 512 of the Employee Retirement Income 
        Security Act of 1974 (29 U.S.C. 1142)), to determine whether 
        amendments to section 2509.95-1 of title 29, Code of Federal 
        Regulations are warranted; and
            (2) <<NOTE: Assessment.>> report to Congress on the findings 
        of such review and consultation, including an assessment of any 
        risk to participants.
SEC. 322. TAX TREATMENT OF IRA INVOLVED IN A PROHIBITED 
                        TRANSACTION.

    (a) In General.--Section 408(e)(2)(A) <<NOTE: 26 USC 408.>> is 
amended by striking ``and'' at the end of clause (i), by striking the 
period at the end of clause (ii) and inserting ``, and'', and by adding 
at the end the following new clause:
                          ``(iii) each individual retirement plan of the 
                      individual shall be treated as a separate 
                      contract.''.

    (b) <<NOTE: 26 USC 408 note.>>  Effective Date.--
            (1) In general.--The amendments made by this section shall 
        apply to taxable years beginning after the date of the enactment 
        of this Act.
            (2) No inference.--Nothing in the amendments made by this 
        section shall be construed to infer the proper treatment under 
        the Internal Revenue Code of 1986 of individual retirement plans 
        as 1 contract in the case of any other provision of such Code to 
        which the amendments made by this section do not apply.
SEC. 323. CLARIFICATION OF SUBSTANTIALLY EQUAL PERIODIC PAYMENT 
                        RULE.

    (a) In General.--Paragraph (4) of section 72(t) is amended by 
inserting at the end the following new subparagraph:
                    ``(C) Rollovers to subsequent plan.--If--
                          ``(i) payments described in paragraph 
                      (2)(A)(iv) are being made from a qualified 
                      retirement plan,

[[Page 136 STAT. 5357]]

                          ``(ii) a transfer or a rollover from such 
                      qualified retirement plan of all or a portion of 
                      the taxpayer's benefit under the plan is made to 
                      another qualified retirement plan, and
                          ``(iii) distributions from the transferor and 
                      transferee plans would in combination continue to 
                      satisfy the requirements of paragraph (2)(A)(iv) 
                      if they had been made only from the transferor 
                      plan,
                such transfer or rollover shall not be treated as a 
                modification under subparagraph (A)(ii), and compliance 
                with paragraph (2)(A)(iv) shall be determined on the 
                basis of the combined distributions described in clause 
                (iii).''.

    (b) Nonqualified Annuity Contracts.--Paragraph (3) of section 72(q) 
is amended--
            (1) by redesignating clauses (i) and (ii) of subparagraph 
        (B) as subclauses (I) and (II), and by moving such subclauses 2 
        ems to the right;
            (2) by redesignating subparagraphs (A) and (B) as clauses 
        (i) and (ii), by moving such clauses 2 ems to the right, and by 
        adjusting the flush language at the end accordingly;
            (3) by striking ``payments.--If'' and inserting 
        ``payments.--
                    ``(A) In general.--If--''; and
            (4) by adding at the end the following new subparagraph:
                    ``(B) Exchanges to subsequent contracts.--If--
                          ``(i) payments described in paragraph (2)(D) 
                      are being made from an annuity contract,
                          ``(ii) an exchange of all or a portion of such 
                      contract for another contract is made under 
                      section 1035, and
                          ``(iii) the aggregate distributions from the 
                      contracts involved in the exchange continue to 
                      satisfy the requirements of paragraph (2)(D) as if 
                      the exchange had not taken place,
                such exchange shall not be treated as a modification 
                under subparagraph (A)(ii), and compliance with 
                paragraph (2)(D) shall be determined on the basis of the 
                combined distributions described in clause (iii).''.

    (c) Information Reporting.--Section 6724 <<NOTE: 26 USC 6724.>>  is 
amended by inserting at the end the following new subsection:

    ``(g) Special Rule for Reporting Certain Additional Taxes.--No 
penalty shall be imposed under section 6721 or 6722 if--
            ``(1) a person makes a return or report under section 
        6047(d) or 408(i) with respect to any distribution,
            ``(2) such distribution is made following a rollover, 
        transfer, or exchange described in section 72(t)(4)(C) or 
        section 72(q)(3)(C),
            ``(3) in making such return or report the person relies upon 
        a certification provided by the taxpayer that the distributions 
        satisfy the requirements of section 72(t)(4)(C)(iii) or section 
        72(q)(3)(B)(iii), as applicable, and
            ``(4) such person does not have actual knowledge that the 
        distributions do not satisfy such requirements.''.

    (d) Safe Harbor for Annuity Payments.--
            (1) Qualified retirement plans.--Subparagraph (A) of section 
        72(t)(2) is amended by adding at the end the following flush 
        sentence:

[[Page 136 STAT. 5358]]

                ``For purposes of clause (iv), periodic payments shall 
                not fail to be treated as substantially equal merely 
                because they are amounts received as an annuity, and 
                such periodic payments shall be deemed to be 
                substantially equal if they are payable over a period 
                described in clause (iv) and satisfy the requirements 
                applicable to annuity payments under section 
                401(a)(9).''.
            (2) Other annuity contracts.--Paragraph (2) of section 72(q) 
        is <<NOTE: 26 USC 72.>> amended by adding at the end the 
        following flush sentence:
        ``For purposes of subparagraph (D), periodic payments shall not 
        fail to be treated as substantially equal merely because they 
        are amounts received as an annuity, and such periodic payments 
        shall be deemed to be substantially equal if they are payable 
        over a period described in subparagraph (D) and would satisfy 
        the requirements applicable to annuity payments under section 
        401(a)(9) if such requirements applied.''.

    (e) <<NOTE: Applicability. 26 USC 72 note.>> Effective Dates.--
            (1) In general.--The amendments made by subsections (a), 
        (b), and (c) shall apply to transfers, rollovers, and exchanges 
        occurring after December 31, 2023.
            (2) Annuity payments.--The amendment made by subsection (d) 
        shall apply to distributions commencing on or after the date of 
        the enactment of this Act.
            (3) No inference.--Nothing in the amendments made by this 
        section shall be construed to create an inference with respect 
        to the law in effect prior to the effective date of such 
        amendments.
SEC. <<NOTE: 26 USC 408 note.>>  324. TREASURY GUIDANCE ON 
                        ROLLOVERS.

    (a) <<NOTE: Deadline. Standards. Guidance. Procedures.>>  In 
General.--Not later than January 1, 2025, the Secretary of the Treasury 
or the Secretary's delegate shall, to simplify, standardize, facilitate, 
and expedite the completion of rollovers to eligible retirement plans 
(as defined in section 402(c)(8)(B) of the Internal Revenue Code of 
1986) and trustee-to-trustee transfers from individual retirement plans 
(as defined in section 7701(a)(37) of such Code), develop and issue--
            (1) guidance in the form of sample forms (including relevant 
        procedures and protocols) for rollovers of eligible rollover 
        distributions from a retirement to an eligible retirement plan 
        which--
                    (A) are written in a manner calculated to be 
                understood by the average person, and
                    (B) can be used by both distributing eligible 
                retirement plans and receiving retirement plans, and
            (2) guidance in the form of sample forms (including relevant 
        procedures and protocols) for trustee-to-trustee transfers of 
        amounts from an individual retirement plan to another individual 
        retirement plan which--
                    (A) are written in a manner calculated to be 
                understood by the average person, and
                    (B) can be used by both transferring individual 
                retirement plans and individual retirement plans 
                receiving the transfer.

    (b) Other Requirements.--In developing the sample forms under 
subsection (a), the Secretary (or Secretary's delegate) shall obtain 
relevant information from participants and plan sponsor

[[Page 136 STAT. 5359]]

representatives and consider potential coordination with sections 319 
and 336 of this Act.
SEC. 325. ROTH PLAN DISTRIBUTION RULES.

    (a) In General.--Subsection (d) of section 402A <<NOTE: 26 USC 
402A.>>  is amended by adding at the end the following new paragraph:
            ``(5) Mandatory distribution rules not to apply before 
        death.--Notwithstanding sections 403(b)(10) and 457(d)(2), the 
        following provisions shall not apply to any designated Roth 
        account:
                    ``(A) Section 401(a)(9)(A).
                    ``(B) The incidental death benefit requirements of 
                section 401(a).''.

    (b) <<NOTE: 26 USC 402A note.>>  Effective Date.--
            (1) In general.--Except as provided in paragraph (2), the 
        amendment made by this section shall apply to taxable years 
        beginning after December 31, 2023.
            (2) Special rule.--The amendment made by this section shall 
        not apply to distributions which are required with respect to 
        years beginning before January 1, 2024, but are permitted to be 
        paid on or after such date.
SEC. 326. EXCEPTION TO PENALTY ON EARLY DISTRIBUTIONS FROM 
                        QUALIFIED PLANS FOR INDIVIDUALS WITH A 
                        TERMINAL ILLNESS.

    (a) In General.--Section 72(t)(2), as amended by this Act, is 
further amended by adding at the end the following new subparagraph:
                    ``(L) Terminal illness.--
                          ``(i) In general.--Distributions which are 
                      made to the employee who is a terminally ill 
                      individual on or after the date on which such 
                      employee has been certified by a physician as 
                      having a terminal illness.
                          ``(ii) Definition.--For purposes of this 
                      subparagraph, the term `terminally ill individual' 
                      has the same meaning given such term under section 
                      101(g)(4)(A), except that `84 months' shall be 
                      substituted for `24 months'.
                          ``(iii) Documentation.--For purposes of this 
                      subparagraph, an employee shall not be considered 
                      to be a terminally ill individual unless such 
                      employee furnishes sufficient evidence to the plan 
                      administrator in such form and manner as the 
                      Secretary may require.
                          ``(iv) <<NOTE: Applicability.>>  Amount 
                      distributed may be repaid.--Rules similar to the 
                      rules of subparagraph (H)(v) shall apply with 
                      respect to an individual who receives a 
                      distribution to which clause (i) applies.''.

    (b) <<NOTE: 26 USC 72 note.>>  Effective Date.--The amendment made 
by this section shall apply to distributions made after the date of the 
enactment of this Act.
SEC. 327. SURVIVING SPOUSE ELECTION TO BE TREATED AS EMPLOYEE.

    (a) In General.--Section 401(a)(9)(B)(iv), as amended by this Act, 
is further amended to read as follows:
                          ``(iv) Special rule for surviving spouse of 
                      employee.--If the designated beneficiary referred 
                      to in clause (iii)(I) is the surviving spouse of 
                      the employee

[[Page 136 STAT. 5360]]

                      and the surviving spouse elects the treatment in 
                      this clause--
                                    ``(I) the regulations referred to in 
                                clause (iii)(II) shall treat the 
                                surviving spouse as if the surviving 
                                spouse were the employee,
                                    ``(II) the date on which the 
                                distributions are required to begin 
                                under clause (iii)(III) shall not be 
                                earlier than the date on which the 
                                employee would have attained the 
                                applicable age, and
                                    ``(III) <<NOTE: Applicability.>>  if 
                                the surviving spouse dies before the 
                                distributions to such spouse begin, this 
                                subparagraph shall be applied as if the 
                                surviving spouse is the employee.
                      An election described in this clause shall be made 
                      at such time and in such manner as prescribed by 
                      the Secretary, shall include a timely notice to 
                      the plan administrator, and once made may not be 
                      revoked except with the consent of the 
                      Secretary.''.

    (b) <<NOTE: 26 USC 401 note.>>  Extension of Election of at Least as 
Rapidly Rule.--The Secretary shall amend Q&A-5(a) of Treasury Regulation 
section 1.401(a)(9)-5 (or any successor regulation thereto) to provide 
that if the surviving spouse is the employee's sole designated 
beneficiary and the spouse elects treatment under section 
401(a)(9)(B)(iv), then the applicable distribution period for 
distribution calendar years after the distribution calendar year 
including the employee's date of death is determined under the uniform 
lifetime table.

    (c) <<NOTE: 26 USC 401 note.>>  Effective Date.--The amendments made 
by this section shall apply to calendar years beginning after December 
31, 2023.
SEC. 328. REPEAL OF DIRECT PAYMENT REQUIREMENT ON EXCLUSION FROM 
                        GROSS INCOME OF DISTRIBUTIONS FROM 
                        GOVERNMENTAL PLANS FOR HEALTH AND LONG-
                        TERM CARE INSURANCE.

    (a) In General.--Section 402(l)(5)(A) <<NOTE: 26 USC 402.>>  is 
amended to read as follows:
                    ``(A) Direct payment to insurer permitted.--
                          ``(i) <<NOTE: Applicability.>>  In general.--
                      Paragraph (1) shall apply to a distribution 
                      without regard to whether payment of the premiums 
                      is made directly to the provider of the accident 
                      or health plan or qualified long-term care 
                      insurance contract by deduction from a 
                      distribution from the eligible retirement plan, or 
                      is made to the employee.
                          ``(ii) Reporting.--In the case of a payment 
                      made to the employee as described in clause (i), 
                      the employee shall include with the return of tax 
                      for the taxable year in which the distribution is 
                      made an attestation that the distribution does not 
                      exceed the amount paid by the employee for 
                      qualified health insurance premiums for such 
                      taxable year.''.

    (b) <<NOTE: 26 USC 402 note.>>  Effective Date.--The amendment made 
by this section shall apply to distributions made after the date of the 
enactment of this Act.
SEC. 329. MODIFICATION OF ELIGIBLE AGE FOR EXEMPTION FROM EARLY 
                        WITHDRAWAL PENALTY.

    (a) In General.--Subparagraph (A) of section 72(t)(10), as amended 
by this Act, is further amended by striking ``age 50''

[[Page 136 STAT. 5361]]

and inserting ``age 50 or 25 years of service under the plan, whichever 
is earlier''.
    (b) <<NOTE: 26 USC 72 note.>>  Effective Date.--The amendment made 
by this section shall apply to distributions made after the date of the 
enactment of this Act.
SEC. 330. EXEMPTION FROM EARLY WITHDRAWAL PENALTY FOR CERTAIN 
                        STATE AND LOCAL GOVERNMENT CORRECTIONS 
                        EMPLOYEES.

    (a) In General.--Clause (i) of section 72(t)(10)(B) <<NOTE: 26 USC 
72.>>  is amended by striking ``or emergency medical services'' and 
inserting ``emergency medical services, or services as a corrections 
officer or as a forensic security employee providing for the care, 
custody, and control of forensic patients''.

    (b) <<NOTE: 26 USC 72 note.>>  Effective Date.--The amendment made 
by this section shall apply to distributions made after the date of the 
enactment of this Act.
SEC. 331. SPECIAL RULES FOR USE OF RETIREMENT FUNDS IN CONNECTION 
                        WITH QUALIFIED FEDERALLY DECLARED 
                        DISASTERS.

    (a) Tax-Favored Withdrawals From Retirement Plans.--
            (1) In general.--Paragraph (2) of section 72(t), as amended 
        by this Act, is further amended by adding at the end the 
        following new subparagraph:
                    ``(M) Distributions from retirement plans in 
                connection with federally declared disasters.--Any 
                qualified disaster recovery distribution.''.
            (2) Qualified disaster recovery distribution.--Section 72(t) 
        is amended by adding at the end the following new paragraph:
            ``(11) Qualified disaster recovery distribution.--For 
        purposes of paragraph (2)(M)--
                    ``(A) <<NOTE: Definition.>>  In general.--Except as 
                provided in subparagraph (B), the term `qualified 
                disaster recovery distribution' means any distribution 
                made--
                          ``(i) on or after the first day of the 
                      incident period of a qualified disaster and before 
                      the date that is 180 days after the applicable 
                      date with respect to such disaster, and
                          ``(ii) to an individual whose principal place 
                      of abode at any time during the incident period of 
                      such qualified disaster is located in the 
                      qualified disaster area with respect to such 
                      qualified disaster and who has sustained an 
                      economic loss by reason of such qualified 
                      disaster.
                    ``(B) Aggregate dollar limitation.--
                          ``(i) In general.--For purposes of this 
                      subsection, the aggregate amount of distributions 
                      received by an individual which may be treated as 
                      qualified disaster recovery distributions with 
                      respect to any qualified disaster in all taxable 
                      years shall not exceed $22,000.
                          ``(ii) Treatment of plan distributions.--If a 
                      distribution to an individual would (without 
                      regard to clause (i)) be a qualified disaster 
                      recovery distribution, a plan shall not be treated 
                      as violating any requirement of this title merely 
                      because the plan treats such distribution as a 
                      qualified disaster recovery distribution,

[[Page 136 STAT. 5362]]

                      unless the aggregate amount of such distributions 
                      from all plans maintained by the employer (and any 
                      member of any controlled group which includes the 
                      employer) to such individual exceeds $22,000 with 
                      respect to the same qualified disaster.
                          ``(iii) <<NOTE: Definition.>>  Controlled 
                      group.--For purposes of clause (ii), the term 
                      `controlled group' means any group treated as a 
                      single employer under subsection (b), (c), (m), or 
                      (o) of section 414.
                    ``(C) <<NOTE: Deadlines.>>  Amount distributed may 
                be repaid.--
                          ``(i) <<NOTE: Time period.>>  In general.--Any 
                      individual who receives a qualified disaster 
                      recovery distribution may, at any time during the 
                      3-year period beginning on the day after the date 
                      on which such distribution was received, make one 
                      or more contributions in an aggregate amount not 
                      to exceed the amount of such distribution to an 
                      eligible retirement plan of which such individual 
                      is a beneficiary and to which a rollover 
                      contribution of such distribution could be made 
                      under section 402(c), 403(a)(4), 403(b)(8), 
                      408(d)(3), or 457(e)(16), as the case may be.
                          ``(ii) Treatment of repayments of 
                      distributions from eligible retirement plans other 
                      than iras.--For purposes of this title, if a 
                      contribution is made pursuant to clause (i) with 
                      respect to a qualified disaster recovery 
                      distribution from a plan other than an individual 
                      retirement plan, then the taxpayer shall, to the 
                      extent of the amount of the contribution, be 
                      treated as having received the qualified disaster 
                      recovery distribution in an eligible rollover 
                      distribution (as defined in section 402(c)(4)) and 
                      as having transferred the amount to the eligible 
                      retirement plan in a direct trustee to trustee 
                      transfer within 60 days of the distribution.
                          ``(iii) Treatment of repayments for 
                      distributions from iras.--For purposes of this 
                      title, if a contribution is made pursuant to 
                      clause (i) with respect to a qualified disaster 
                      recovery distribution from an individual 
                      retirement plan, then, to the extent of the amount 
                      of the contribution, the qualified disaster 
                      recovery distribution shall be treated as a 
                      distribution described in section 408(d)(3) and as 
                      having been transferred to the eligible retirement 
                      plan in a direct trustee to trustee transfer 
                      within 60 days of the distribution.
                    ``(D) Income inclusion spread over 3-year period.--
                          ``(i) In general.--In the case of any 
                      qualified disaster recovery distribution, unless 
                      the taxpayer elects not to have this subparagraph 
                      apply for any taxable year, any amount required to 
                      be included in gross income for such taxable year 
                      shall be so included ratably over the 3-taxable 
                      year period beginning with such taxable year.
                          ``(ii) <<NOTE: Applicability.>>  Special 
                      rule.--For purposes of clause (i), rules similar 
                      to the rules of subparagraph (E) of section 
                      408A(d)(3) shall apply.
                    ``(E) <<NOTE: Definition.>>  Qualified disaster.--
                For purposes of this paragraph and paragraph (8), the 
                term `qualified disaster'

[[Page 136 STAT. 5363]]

                means any disaster with respect to which a major 
                disaster has been declared by the President under 
                section 401 of the Robert T. Stafford Disaster Relief 
                and Emergency Assistance Act after December 27, 2020.
                    ``(F) Other definitions.--For purposes of this 
                paragraph and paragraph (8)--
                          ``(i) Qualified disaster area.--
                                    ``(I) In general.--The term 
                                `qualified disaster area' means, with 
                                respect to any qualified disaster, the 
                                area with respect to which the major 
                                disaster was declared under the Robert 
                                T. Stafford Disaster Relief and 
                                Emergency Assistance Act.
                                    ``(II) Exceptions.--Such term shall 
                                not include any area which is a 
                                qualified disaster area solely by reason 
                                of section 301 of the Taxpayer Certainty 
                                and Disaster Tax Relief Act of 2020.
                          ``(ii) Incident period.--The term `incident 
                      period' means, with respect to any qualified 
                      disaster, the period specified by the Federal 
                      Emergency Management Agency as the period during 
                      which such disaster occurred.
                          ``(iii) Applicable date.--The term `applicable 
                      date' means the latest of--
                                    ``(I) the date of the enactment of 
                                this paragraph,
                                    ``(II) the first day of the incident 
                                period with respect to the qualified 
                                disaster, or
                                    ``(III) the date of the disaster 
                                declaration with respect to the 
                                qualified disaster.
                          ``(iv) Eligible retirement plan.--The term 
                      `eligible retirement plan' shall have the meaning 
                      given such term by section 402(c)(8)(B).
                    ``(G) Special rules.--
                          ``(i) Exemption of distributions from trustee 
                      to trustee transfer and withholding rules.--For 
                      purposes of sections 401(a)(31), 402(f), and 3405, 
                      qualified disaster recovery distributions shall 
                      not be treated as eligible rollover distributions.
                          ``(ii) Qualified disaster recovery 
                      distributions treated as meeting plan distribution 
                      requirements.--For purposes of this title--
                                    ``(I) a qualified disaster recovery 
                                distribution shall be treated as meeting 
                                the requirements of sections 
                                401(k)(2)(B)(i), 403(b)(7)(A)(i), 
                                403(b)(11), and 457(d)(1)(A), and
                                    ``(II) in the case of a money 
                                purchase pension plan, a qualified 
                                disaster recovery distribution which is 
                                an in-service withdrawal shall be 
                                treated as meeting the requirements of 
                                section 401(a) applicable to 
                                distributions.''.
            (3) <<NOTE: Applicability. 26 USC 72 note.>>  Effective 
        date.--The amendments made by this subsection shall apply to 
        distributions with respect to disasters the incident period (as 
        defined in section 72(t)(11)(F)(ii) of the Internal Revenue Code 
        of 1986, as added by this subsection) for which begins on or 
        after the date which is 30 days after the date of the enactment 
        of the Taxpayer Certainty and Disaster Tax Relief Act of 2020.

[[Page 136 STAT. 5364]]

    (b) Recontributions of Withdrawals for Home Purchases.--
            (1) Individual retirement plans.--Paragraph (8) of section 
        72(t) <<NOTE: 26 USC 72.>>  is amended by adding at the end the 
        following new subparagraph:
                    ``(F) <<NOTE: Definitions.>>  Recontributions.--
                          ``(i) General rule.--
                                    ``(I) In general.--Any individual 
                                who received a qualified distribution 
                                may, during the applicable period, make 
                                one or more contributions in an 
                                aggregate amount not to exceed the 
                                amount of such qualified distribution to 
                                an eligible retirement plan (as defined 
                                in section 402(c)(8)(B)) of which such 
                                individual is a beneficiary and to which 
                                a rollover contribution of such 
                                distribution could be made under section 
                                402(c), 403(a)(4), 403(b)(8), or 
                                408(d)(3), as the case may be.
                                    ``(II) <<NOTE: Applicability.>>  
                                Treatment of repayments.--Rules similar 
                                to the rules of clauses (ii) and (iii) 
                                of paragraph (11)(C) shall apply for 
                                purposes of this subsection.
                          ``(ii) Qualified distribution.--For purposes 
                      of this subparagraph, the term `qualified 
                      distribution' means any distribution--
                                    ``(I) which is a qualified first-
                                time homebuyer distribution,
                                    ``(II) which was to be used to 
                                purchase or construct a principal 
                                residence in a qualified disaster area, 
                                but which was not so used on account of 
                                the qualified disaster with respect to 
                                such area, and
                                    ``(III) which was received during 
                                the period beginning on the date which 
                                is 180 days before the first day of the 
                                incident period of such qualified 
                                disaster and ending on the date which is 
                                30 days after the last day of such 
                                incident period.
                          ``(iii) Applicable period.--For purposes of 
                      this subparagraph, the term `applicable period' 
                      means, in the case of a principal residence in a 
                      qualified disaster area with respect to any 
                      qualified disaster, the period beginning on the 
                      first day of the incident period of such qualified 
                      disaster and ending on the date which is 180 days 
                      after the applicable date with respect to such 
                      disaster.''.
            (2) Qualified plans.--Subsection (c) of section 402, as 
        amended by this Act, is further amended by adding at the end the 
        following new paragraph:
            ``(13) Recontributions of withdrawals for home purchases.--
                    ``(A) General rule.--
                          ``(i) In general.--Any individual who received 
                      a qualified distribution may, during the 
                      applicable period, make one or more contributions 
                      in an aggregate amount not to exceed the amount of 
                      such qualified distribution to an eligible 
                      retirement plan (as defined in paragraph (8)(B)) 
                      of which such individual is a beneficiary and to 
                      which a rollover contribution of such

[[Page 136 STAT. 5365]]

                      distribution could be made under subsection (c) or 
                      section 403(a)(4), 403(b)(8), or 408(d)(3), as the 
                      case may be.
                          ``(ii) <<NOTE: Applicability.>>  Treatment of 
                      repayments.--Rules similar to the rules of clauses 
                      (ii) and (iii) of section 72(t)(11)(C) shall apply 
                      for purposes of this subsection.
                    ``(B) <<NOTE: Definition.>>  Qualified 
                distribution.--For purposes of this paragraph, the term 
                `qualified distribution' means any distribution--
                          ``(i) described in section 
                      401(k)(2)(B)(i)(IV), 403(b)(7)(A)(i)(V), or 
                      403(b)(11)(B),
                          ``(ii) which was to be used to purchase or 
                      construct a principal residence in a qualified 
                      disaster area, but which was not so used on 
                      account of the qualified disaster with respect to 
                      such area, and
                          ``(iii) <<NOTE: Time period.>>  which was 
                      received during the period beginning on the date 
                      which is 180 days before the first day of the 
                      incident period of such qualified disaster and 
                      ending on the date which is 30 days after the last 
                      day of such incident period.
                    ``(C) Definitions.--For purposes of this paragraph--
                          ``(i) the terms `qualified disaster', 
                      `qualified disaster area', and `incident period' 
                      have the meaning given such terms under section 
                      72(t)(11), and
                          ``(ii) the term `applicable period' has the 
                      meaning given such term under section 
                      72(t)(8)(F).''.
            (3) <<NOTE: Applicability. 26 USC 72 note.>>  Effective 
        date.--The amendments made by this subsection shall apply to 
        recontributions of withdrawals for home purchases with respect 
        to disasters the incident period (as defined in section 
        72(t)(11)(F)(ii) of the Internal Revenue Code of 1986, as added 
        by this subsection) for which begins on or after the date which 
        is 30 days after the date of the enactment of the Taxpayer 
        Certainty and Disaster Tax Relief Act of 2020.

    (c) Loans From Qualified Plans.--
            (1) In general.--Subsection (p) of section 72 <<NOTE: 26 USC 
        72.>>  is amended by adding at the end the following new 
        paragraph:
            ``(6) Increase in limit on loans not treated as 
        distributions.--
                    ``(A) <<NOTE: Applicability.>>  In general.--In the 
                case of any loan from a qualified employer plan to a 
                qualified individual made during the applicable period--
                          ``(i) clause (i) of paragraph (2)(A) shall be 
                      applied by substituting `$100,000' for `$50,000', 
                      and
                          ``(ii) clause (ii) of such paragraph shall be 
                      applied by substituting `the present value of the 
                      nonforfeitable accrued benefit of the employee 
                      under the plan' for `one-half of the present value 
                      of the nonforfeitable accrued benefit of the 
                      employee under the plan'.
                    ``(B) <<NOTE: Time periods.>>  Delay of repayment.--
                In the case of a qualified individual with respect to 
                any qualified disaster with an outstanding loan from a 
                qualified employer plan on or after the applicable date 
                with respect to the qualified disaster--
                          ``(i) if the due date pursuant to subparagraph 
                      (B) or (C) of paragraph (2) for any repayment with 
                      respect to such loan occurs during the period 
                      beginning on

[[Page 136 STAT. 5366]]

                      the first day of the incident period of such 
                      qualified disaster and ending on the date which is 
                      180 days after the last day of such incident 
                      period, such due date may be delayed for 1 year,
                          ``(ii) any subsequent repayments with respect 
                      to any such loan may be appropriately adjusted to 
                      reflect the delay in the due date under clause (i) 
                      and any interest accruing during such delay, and
                          ``(iii) in determining the 5-year period and 
                      the term of a loan under subparagraph (B) or (C) 
                      of paragraph (2), the period described in clause 
                      (i) may be disregarded.
                    ``(C) Definitions.--For purposes of this paragraph--
                          ``(i) Qualified individual.--The term 
                      `qualified individual' means any individual--
                                    ``(I) whose principal place of abode 
                                at any time during the incident period 
                                of any qualified disaster is located in 
                                the qualified disaster area with respect 
                                to such qualified disaster, and
                                    ``(II) who has sustained an economic 
                                loss by reason of such qualified 
                                disaster.
                          ``(ii) Applicable period.--The applicable 
                      period with respect to any disaster is the 
                      period--
                                    ``(I) beginning on the applicable 
                                date with respect to such disaster, and
                                    ``(II) ending on the date that is 
                                180 days after such applicable date.
                          ``(iii) Other terms.--For purposes of this 
                      paragraph--
                                    ``(I) the terms `applicable date', 
                                `qualified disaster', `qualified 
                                disaster area', and `incident period' 
                                have the meaning given such terms under 
                                subsection (t)(11), and
                                    ``(II) the term `applicable period' 
                                has the meaning given such term under 
                                subsection (t)(8).''.
            (2) <<NOTE: Applicability. 26 USC 72 note.>>  Effective 
        date.--The amendment made by paragraph (1) shall apply to plan 
        loans made with respect to disasters the incident period (as 
        defined in section 72(t)(11)(F)(ii) of the Internal Revenue Code 
        of 1986, as added by this subsection) for which begins on or 
        after the date which is 30 days after the date of the enactment 
        of the Taxpayer Certainty and Disaster Tax Relief Act of 2020.

    (d) GAO Report.--The Comptroller General of the United States shall 
submit a report to the Committees on Finance and Health, Education, 
Labor and Pensions of the Senate and the Committees on Ways and Means 
and Education and Labor of the House of Representatives on taxpayer 
utilization of the retirement disaster relief permitted by the 
amendments made by this section and or permitted by prior legislation, 
including a comparison of utilization by higher and lower income 
taxpayers and whether the $22,000 threshold on distributions provides 
adequate relief for taxpayers who suffer from a disaster.

[[Page 136 STAT. 5367]]

SEC. 332. EMPLOYERS ALLOWED TO REPLACE SIMPLE RETIREMENT ACCOUNTS 
                        WITH SAFE HARBOR 401(k) PLANS DURING A 
                        YEAR.

    (a) In General.--Section 408(p) <<NOTE: 26 USC 408.>>  is amended by 
adding at the end the following new paragraph:
            ``(11) Replacement of simple retirement accounts with safe 
        harbor plans during plan year.--
                    ``(A) In general.--Subject to the requirements of 
                this paragraph, an employer may elect (in such form and 
                manner as the Secretary may prescribe) at any time 
                during a year to terminate the qualified salary 
                reduction arrangement under paragraph (2), but only if 
                the employer establishes and maintains (as of the day 
                after the termination date) a safe harbor plan to 
                replace the terminated arrangement.
                    ``(B) Combined limits on contributions.--The 
                terminated arrangement and safe harbor plan shall both 
                be treated as violating the requirements of paragraph 
                (2)(A)(ii) or section 401(a)(30) (whichever is 
                applicable) if the aggregate elective contributions of 
                the employee under the terminated arrangement during its 
                last plan year and under the safe harbor plan during its 
                transition year exceed the sum of--
                          ``(i) the applicable dollar amount for such 
                      arrangement (determined on a full-year basis) 
                      under this subsection (after the application of 
                      section 414(v)) with respect to the employee for 
                      such last plan year multiplied by a fraction equal 
                      to the number of days in such plan year divided by 
                      365, and
                          ``(ii) the applicable dollar amount (as so 
                      determined) under section 402(g)(1) for such safe 
                      harbor plan on such elective contributions during 
                      the transition year multiplied by a fraction equal 
                      to the number of days in such transition year 
                      divided by 365.
                    ``(C) Transition year.--For purposes of this 
                paragraph, the transition year is the period beginning 
                after the termination date and ending on the last day of 
                the calendar year during which the termination occurs.
                    ``(D) <<NOTE: Definition.>>  Safe harbor plan.--For 
                purposes of this paragraph, the term `safe harbor plan' 
                means a qualified cash or deferred arrangement which 
                meets the requirements of paragraph (11), (12), (13), or 
                (16) of section 401(k).''.

    (b) Waiver of 2-year Withdrawal Limitation in Case of Plans 
Converting to 401(k) or 403(b).--
            (1) In general.--Paragraph (6) of section 72(t) is amended--
                    (A) by striking ``accounts.--In the case of'' and 
                inserting ``accounts.--
                    ``(A) In general.--In the case of'', and
                    (B) by adding at the end the following new 
                subparagraph:
                    ``(B) Waiver in case of plan conversion to 401(k) or 
                403(b).--In the case of an employee of an employer which 
                terminates the qualified salary reduction arrangement of 
                the employer under section 408(p) and establishes a 
                qualified cash or deferred arrangement described in 
                section 401(k) or purchases annuity contracts described 
                in

[[Page 136 STAT. 5368]]

                section 403(b), subparagraph (A) shall not apply to any 
                amount which is paid in a rollover contribution 
                described in section 408(d)(3) into a qualified trust 
                under section 401(k) (but only if such contribution is 
                subsequently subject to the rules of section 
                401(k)(2)(B)) or an annuity contract described in 
                section 403(b) (but only if such contribution is 
                subsequently subject to the rules of section 403(b)(12)) 
                for the benefit of the employee.''.
            (2) Conforming amendment.--Subparagraph (G) of section 
        408(d)(3) <<NOTE: 26 USC 408.>>  is amended by striking 
        ``72(t)(6)'' and inserting ``72(t)(6)(A)''.

    (c) <<NOTE: 26 USC 72 note.>>  Effective Date.--The amendments made 
by this section shall apply to plan years beginning after December 31, 
2023.
SEC. 333. ELIMINATION OF ADDITIONAL TAX ON CORRECTIVE 
                        DISTRIBUTIONS OF EXCESS CONTRIBUTIONS.

    (a) In General.--Subparagraph (A) of section 72(t)(2) is amended--
            (1) by striking ``or'' at the end of clause (vii);
            (2) by striking the period at the end of clause (viii) and 
        inserting ``, or''; and
            (3) by inserting after clause (viii) the following new 
        clause:
                          ``(ix) attributable to withdrawal of net 
                      income attributable to a contribution which is 
                      distributed pursuant to section 408(d)(4).''.

    (b) <<NOTE: Applicability. 26 USC 72 note.>>  Effective Date.--The 
amendments made by this section shall apply to any determination of, or 
affecting, liability for taxes, interest, or penalties which is made on 
or after the date of the enactment of this Act, without regard to 
whether the act (or failure to act) upon which the determination is 
based occurred before such date of enactment. Notwithstanding the 
preceding sentence, nothing in the amendments made by this section shall 
be construed to create an inference with respect to the law in effect 
prior to the effective date of such amendments.
SEC. 334. LONG-TERM CARE CONTRACTS PURCHASED WITH RETIREMENT PLAN 
                        DISTRIBUTIONS.

    (a) In General.--Section 401(a) is amended by inserting after 
paragraph (38) the following new paragraph:
            ``(39) Qualified long-term care distributions.--
                    ``(A) In general.--A trust forming part of a defined 
                contribution plan shall not be treated as failing to 
                constitute a qualified trust under this section solely 
                by reason of allowing qualified long-term care 
                distributions.
                    ``(B) Qualified long-term care distribution.--For 
                purposes of this paragraph--
                          ``(i) <<NOTE: Definition.>>  In general.--The 
                      term `qualified long-term care distribution' means 
                      so much of the distributions made during the 
                      taxable year as does not exceed, in the aggregate, 
                      the least of the following:
                                    ``(I) <<NOTE: Regulations.>>  The 
                                amount paid by or assessed to the 
                                employee during the taxable year for or 
                                with respect to certified long-term care 
                                insurance for the employee or the 
                                employee's spouse (or other family 
                                member of the employee as provided by 
                                the Secretary by regulation).

[[Page 136 STAT. 5369]]

                                    ``(II) An amount equal to 10 percent 
                                of the present value of the 
                                nonforfeitable accrued benefit of the 
                                employee under the plan.
                                    ``(III) $2,500.
                          ``(ii) <<NOTE: Effective date.>>  Adjustment 
                      for inflation.--In the case of taxable years 
                      beginning after December 31, 2024, the $2,500 
                      amount in clause (i)(II) shall be increased by an 
                      amount equal to--
                                    ``(I) such dollar amount, multiplied 
                                by
                                    ``(II) the cost-of-living adjustment 
                                determined under section 1(f)(3) for the 
                                calendar year in which the taxable year 
                                begins, determined by substituting 
                                `calendar year 2023' for `calendar year 
                                2016' in subparagraph (A)(ii) thereof.
                      If any increase under the preceding sentence is 
                      not a multiple of $100, such amount shall be 
                      rounded to the nearest multiple of $100.
                    ``(C) <<NOTE: Definition.>>  Certified long-term 
                care insurance.--The term `certified long-term care 
                insurance' means--
                          ``(i) a qualified long-term care insurance 
                      contract (as defined in section 7702B(b)) covering 
                      qualified long-term care services (as defined in 
                      section 7702B(c)),
                          ``(ii) coverage of the risk that an insured 
                      individual would become a chronically ill 
                      individual (within the meaning of section 
                      101(g)(4)(B)) under a rider or other provision of 
                      a life insurance contract which satisfies the 
                      requirements of section 101(g)(3) (determined 
                      without regard to subparagraph (D) thereof), or
                          ``(iii) coverage of qualified long-term care 
                      services (as so defined) under a rider or other 
                      provision of an insurance or annuity contract 
                      which is treated as a separate contract under 
                      section 7702B(e) and satisfies the requirements of 
                      section 7702B(g),
                if such coverage provides meaningful financial 
                assistance in the event the insured needs home-based or 
                nursing home care. For purposes of the preceding 
                sentence, coverage shall not be deemed to provide 
                meaningful financial assistance unless benefits are 
                adjusted for inflation and consumer protections are 
                provided, including protection in the event the coverage 
                is terminated.
                    ``(D) <<NOTE: Applicability.>>  Distributions must 
                otherwise be includible.--Rules similar to the rules of 
                section 402(l)(3) shall apply for purposes of this 
                paragraph.
                    ``(E) Long-term care premium statement.--
                          ``(i) In general.--No distribution shall be 
                      treated as a qualified long-term care distribution 
                      unless a long-term care premium statement with 
                      respect to the employee has been filed with the 
                      plan.
                          ``(ii) Long-term care premium statement.--For 
                      purposes of this paragraph, a long-term care 
                      premium statement is a statement provided by the 
                      issuer of long-term care coverage, upon request by 
                      the owner of such coverage, which includes--
                                    ``(I) the name and taxpayer 
                                identification number of such issuer,
                                    ``(II) a statement that the coverage 
                                is certified long-term care insurance,

[[Page 136 STAT. 5370]]

                                    ``(III) identification of the 
                                employee as the owner of such coverage,
                                    ``(IV) identification of the 
                                individual covered and such individual's 
                                relationship to the employee,
                                    ``(V) the premiums owed for the 
                                coverage for the calendar year, and
                                    ``(VI) such other information as the 
                                Secretary may require.
                          ``(iii) <<NOTE: Disclosure.>>  Filing with 
                      secretary.--A long-term care premium statement 
                      will be accepted only if the issuer has completed 
                      a disclosure to the Secretary for the specific 
                      coverage product to which the statement relates. 
                      Such disclosure shall identify the issuer, type of 
                      coverage, and such other information as the 
                      Secretary may require which is included in the 
                      filing of the product with the applicable State 
                      authority.''.

    (b) Conforming Amendments.--
            (1) Section 401(k)(2)(B)(i) <<NOTE: 26 USC 401.>>  is 
        amended by striking ``or'' at the end of subclause (V), by 
        adding ``or'' at the end of subclause (VI), and by adding at the 
        end the following new subclause:
                                    ``(VII) as provided in section 
                                401(a)(39),''.
            (2) Section 403(a) is amended by adding at the end the 
        following new paragraph:
            ``(6) <<NOTE: Applicability.>>  Qualified long-term care 
        distributions.--An annuity contract shall not fail to be subject 
        to this subsection solely by reason of allowing distributions to 
        which section 401(a)(39) applies.''.
            (3) Section 403(b)(7)(A)(i) is amended by striking ``or'' at 
        the end of subclause (V), by striking ``and'' at the end of 
        subclause (VI) and inserting ``or'' and by adding at the end the 
        following new subclause:
                                    ``(VII) as provided for 
                                distributions to which section 
                                401(a)(39) applies, and''.
            (4) Section 403(b)(11) is amended by striking ``or'' at the 
        end of subparagraph (C), by striking the period at the end of 
        subparagraph (D) and inserting ``, or'', and by inserting after 
        subparagraph (D) the following new subparagraph:
                    ``(E) for distributions to which section 401(a)(39) 
                applies.''.
            (5) Section 457(d)(1)(A) is amended by striking ``or'' at 
        the end of clause (iii), by striking the comma at the end of 
        clause (iv) and inserting ``, or'', and by adding at the end the 
        following new clause:
                          ``(v) as provided in section 401(a)(39),''.

    (c) Exemption From Additional Tax on Early Distributions.--Section 
72(t)(2), as amended by this Act, is further amended by adding at the 
end the following new subparagraph:
                    ``(N) Qualified long-term care distributions.--
                          ``(i) <<NOTE: Applicability.>>  In general.--
                      Any qualified long-term care distribution to which 
                      section 401(a)(39) applies.
                          ``(ii) Exception.--If, with respect to the 
                      plan, the individual covered by the long-term care 
                      coverage to which such distribution relates is the 
                      spouse of the employee, clause (i) shall apply 
                      only if the employee and the employee's spouse 
                      file a joint return.
                          ``(iii) Exemption of distributions from 
                      trustee to trustee transfer and withholding 
                      rules.--For

[[Page 136 STAT. 5371]]

                      purposes of sections 401(a)(31), 402(f), and 3405, 
                      any qualified long-term care distribution 
                      described in clause (i) shall not be treated as an 
                      eligible rollover distribution.''.

    (d) Reporting.--
            (1) In general.--Subpart B of part III of subchapter A of 
        chapter 61 is amended by adding at the end the following new 
        section:
``SEC. 6050Z. <<NOTE: 26 USC 6050Z.>>  REPORTS RELATING TO LONG-
                            TERM CARE PREMIUM STATEMENTS.

    ``(a) Requirement of Reporting.--Any issuer of certified long-term 
care insurance (as defined in section 401(a)(39)(C)) who provides a 
long-term care premium statement with respect to any purchaser pursuant 
to section 401(a)(39)(E) for a calendar year, shall make a return not 
later than February 1 of the succeeding calendar year, according to 
forms or regulations prescribed by the Secretary, setting forth with 
respect to each such purchaser--
            ``(1) the name and taxpayer identification number of such 
        issuer,
            ``(2) a statement that the coverage is certified long-term 
        care insurance as defined in section 401(a)(39)(C),
            ``(3) the name of the owner of such coverage,
            ``(4) identification of the individual covered and such 
        individual's relationship to the owner,
            ``(5) the premiums paid for the coverage for the calendar 
        year, and
            ``(6) such other information as the Secretary may require.

    ``(b) Statement to Be Furnished to Persons With Respect to Whom 
Information Is Required.--Every person required to make a return under 
subsection (a) shall furnish to each individual whose name is required 
to be set forth in such return a written statement showing--
            ``(1) the name, address, and phone number of the information 
        contact of the issuer of the contract or coverage, and
            ``(2) the aggregate amount of premiums and charges paid 
        under the contract or coverage covering the insured individual 
        during the calendar year.

The <<NOTE: Effective date.>>  written statement required under the 
preceding sentence shall be furnished to the individual or individuals 
on or before January 31 of the year following the calendar year for 
which the return required under subsection (a) was required to be made.

    ``(c) Contracts or Coverage Covering More Than One Insured.--In the 
case of contracts or coverage covering more than one insured, the return 
and statement required by subsections (a) and (b) shall identify only 
the portion of the premium that is properly allocable to the insured in 
respect of whom the return or statement is made.
    ``(d) <<NOTE: Compliance. Records.>>  Statement to Be Furnished on 
Request.--If any individual to whom a return is required to be furnished 
under subsection (b) requests that such a return be furnished at any 
time before the close of the calendar year, the person required to make 
the return under subsection (b) shall comply with such request and shall 
furnish to the Secretary at such time a copy of the return so 
provided.''.
            (2) Penalties.--Section 6724(d) <<NOTE: 26 USC 872.>>  is 
        amended--

[[Page 136 STAT. 5372]]

                    (A) in paragraph (1)(B), by adding ``or'' at the end 
                of clause (xxvii) and by inserting after such clause the 
                following new clause:
                          ``(xxviii) section 6050Z (relating to reports 
                      relating to long-term care premium statements), 
                      and'', and
                    (B) in paragraph (2)--
                          (i) by redesignating subparagraph (JJ), 
                      relating to section 6050Y, as subparagraph (KK) 
                      and moving such subparagraph to the position 
                      immediately after subparagraph (JJ), relating to 
                      section 6226(a)(2),
                          (ii) by striking ``or'' at the end of 
                      subparagraph (II),
                          (iii) by striking the period at the end of 
                      subparagraph (JJ), relating to section 6226(a)(2), 
                      and inserting a comma,
                          (iv) by striking the period at the end of 
                      subparagraph (KK), as so redesignated, and 
                      inserting ``, or'', and
                          (v) by inserting after subparagraph (KK), as 
                      so redesignated, the following new subparagraph:
                    ``(LL) section 6050Z (relating to reports relating 
                to long-term care premium statements).''.
            (3) Clerical amendment.--The table of sections for subpart B 
        of part III of subchapter A of chapter 61 <<NOTE: 26 USC prec. 
        6041.>>  is amended by adding after the item relating to section 
        6050Y the following new item:

``Sec. 6050Z. Reports relating to long-term care premium statements.''.

    (e) <<NOTE: 26 USC 72 note.>>  Effective Date.--The amendments made 
by this section shall apply to distributions made after the date which 
is 3 years after the date of the enactment of this Act.

    (f) <<NOTE: 26 USC 401 note.>>  Disclosure to Treasury of Long-term 
Care Insurance Products.--The Secretary of the Treasury (or the 
Secretary's delegate) shall issue such forms and guidance as are 
necessary to collect the filing required by section 401(a)(39)(E)(iii) 
of the Internal Revenue Code of 1986, as added by this section.
SEC. 335. <<NOTE: 26 USC 430 note.>>  CORRECTIONS OF MORTALITY 
                        TABLES.

    (a) <<NOTE: Deadline. Regulations.>>  In General.--Not later than 18 
months after the date of the enactment of this Act, the Secretary of the 
Treasury (or the Secretary's delegate) shall amend the regulation 
relating to ``Mortality Tables for Determining Present Value Under 
Defined Benefit Pension Plans'' (82 Fed. Reg. 46388 (October 5, 2017)). 
Under such amendment, for valuation dates occurring during or after 
2024, such mortality improvement rates shall not assume for years beyond 
the valuation date future mortality improvements at any age which are 
greater than .78 percent. The Secretary of the Treasury (or delegate) 
shall by regulation modify the .78 percent figure in the preceding 
sentence as necessary to reflect material changes in the overall rate of 
improvement projected by the Social Security Administration.

    (b) Effective Date.--The amendments required under subsection (a) 
shall be deemed to have been made as of the date of the enactment of 
this Act, and as of such date all applicable laws shall be applied in 
all respects as though the actions which the Secretary of the Treasury 
(or the Secretary's delegate) is required to take under such subsection 
had been taken.

[[Page 136 STAT. 5373]]

SEC. 336. REPORT TO CONGRESS ON SECTION 402(f) NOTICES.

    Not later than 18 months after the date of the enactment of this 
Act, the Comptroller General of the United States shall submit a report 
to the Committees on Finance and Health, Education, Labor, and Pensions 
of the Senate and the Committees on Ways and Means and Education and 
Labor of the House of Representatives on the notices provided by 
retirement plan administrators to plan participants under section 402(f) 
of the Internal Revenue Code of 1986. <<NOTE: Recommenda- tions.>>  The 
report shall analyze the effectiveness of such notices and make 
recommendations, as warranted by the findings, to facilitate better 
understanding by recipients of different distribution options and 
corresponding tax consequences, including spousal rights.
SEC. 337. MODIFICATION OF REQUIRED MINIMUM DISTRIBUTION RULES FOR 
                        SPECIAL NEEDS TRUSTS.

    (a) In General.--Section 401(a)(9)(H)(iv)(II) <<NOTE: 26 USC 401>>  
is amended by striking ``no individual'' and inserting ``no 
beneficiary''.

    (b) Conforming Amendment.--Section 401(a)(9)(H)(v) is amended by 
adding at the end the following flush sentence:
                      ``For purposes of the preceding sentence, in the 
                      case of a trust the terms of which are described 
                      in clause (iv)(II), any beneficiary which is an 
                      organization described in section 408(d)(8)(B)(i) 
                      shall be treated as a designated beneficiary 
                      described in subclause (II).''.

    (c) <<NOTE: 26 USC 401 note.>>  Effective Date.--The amendments made 
by this section shall apply to calendar years beginning after the date 
of the enactment of this Act.
SEC. 338. REQUIREMENT TO PROVIDE PAPER STATEMENTS IN CERTAIN 
                        CASES.

    (a) In General.--Section 105(a)(2) of the Employee Retirement Income 
Security Act of 1974 (29 U.S.C. 1025(a)(2)) is amended--
            (1) in subparagraph (A)(iv), by inserting ``subject to 
        subparagraph (E),'' before ``may be delivered''; and
            (2) by adding at the end the following:
                    ``(E) <<NOTE: Time period.>>  Provision of paper 
                statements.--With respect to at least 1 pension benefit 
                statement furnished for a calendar year with respect to 
                an individual account plan under paragraph (1)(A), and 
                with respect to at least 1 pension benefit statement 
                furnished every 3 calendar years with respect to a 
                defined benefit plan under paragraph (1)(B), such 
                statement shall be furnished on paper in written form 
                except--
                          ``(i) in the case of a plan that furnishes 
                      such statement in accordance with section 
                      2520.104b-1(c) of title 29, Code of Federal 
                      Regulations; or
                          ``(ii) in the case of a plan that permits a 
                      participant or beneficiary to request that the 
                      statements referred to in the matter preceding 
                      clause (i) be furnished by electronic delivery, if 
                      the participant or beneficiary requests that such 
                      statements be delivered electronically and the 
                      statements are so delivered.''.

    (b) <<NOTE: 29 USC 1025 note.>>  Implementation.--
            (1) <<NOTE: Deadline. Effective date.>>  In general.--The 
        Secretary of Labor shall, not later than December 31, 2024, 
        update section 2520.104b-1(c) of title 29, Code of Federal 
        Regulations, to provide that a plan may

[[Page 136 STAT. 5374]]

        furnish the statements referred to in subparagraph (E) of 
        section 105(a)(2) of the Employee Retirement Income Security Act 
        of 1974 by electronic delivery only if, with respect to 
        participants who first become eligible to participate, and 
        beneficiaries who first become eligible for benefits, after 
        December 31, 2025, in addition to meeting the other requirements 
        under the regulations such plan furnishes each participant or 
        beneficiary a one-time initial notice on paper in written form, 
        prior to the electronic delivery of any pension benefit 
        statement, of their right to request that all documents required 
        to be disclosed under title I of the Employee Retirement Income 
        Security Act of 1974 be furnished on paper in written form.
            (2) <<NOTE: Deadline.>>  Other guidance.--In implementing 
        the amendment made by subsection (a) with respect to a plan that 
        discloses required documents or statements electronically, in 
        accordance with applicable guidance governing electronic 
        disclosure by the Department of Labor (with the exception of 
        section 2520.104b-1(c) of title 29, Code of Federal 
        Regulations), the Secretary of Labor shall, not later than 
        December 31, 2024, update such guidance to the extent necessary 
        to ensure that--
                    (A) a participant or beneficiary under such a plan 
                is permitted the opportunity to request that any 
                disclosure required to be delivered on paper under 
                applicable guidance by the Department of Labor shall be 
                furnished by electronic delivery;
                    (B) each paper statement furnished under such a plan 
                pursuant to the amendment shall include--
                          (i) an explanation of how to request that all 
                      such statements, and any other document required 
                      to be disclosed under title I of the Employee 
                      Retirement Income Security Act of 1974, be 
                      furnished by electronic delivery; and
                          (ii) contact information for the plan sponsor, 
                      including a telephone number;
                    (C) the plan may not charge any fee to a participant 
                or beneficiary for the delivery of any paper statements;
                    (D) each document required to be disclosed that is 
                furnished by electronic delivery under such a plan shall 
                include an explanation of how to request that all such 
                documents be furnished on paper in written form; and
                    (E) a plan is permitted to furnish a duplicate 
                electronic statement in any case in which the plan 
                furnishes a paper pension benefit statement.

    (c) <<NOTE: 29 USC 1025 note.>>  Effective Date.--The amendment made 
by subsection (a) shall apply with respect to plan years beginning after 
December 31, 2025.
SEC. 339. RECOGNITION OF TRIBAL GOVERNMENT DOMESTIC RELATIONS 
                        ORDERS.

    (a) Amendment of Internal Revenue Code of 1986.--
            (1) In general.--Clause (ii) of section 414(p)(1)(B) is 
        amended by inserting ``or Tribal'' after ``State''.
            (2) Conforming amendment.--Subparagraph (B) of section 
        414(p)(1) is amended by adding at the end the following flush 
        sentence:
                ``For <<NOTE: Definition.>>  purposes of clause (ii), 
                the term `Tribal' with respect to a domestic relations 
                law means such a law which is

[[Page 136 STAT. 5375]]

                issued by or under the laws of an Indian tribal 
                government, a subdivision of such an Indian tribal 
                government, or an agency or instrumentality of 
                either.''.

    (b) Amendment of Employee Retirement Income Security Act of 1974.--
            (1) In general.--Section 206(d)(3)(B)(ii)(II) of the 
        Employee Retirement Income Security Act of 1974 (29 U.S.C. 
        1056(d)(3)(B)(ii)(II)) is amended by inserting ``or Tribal'' 
        after ``State''.
            (2) Conforming amendment.--Section 206(d)(3)(B) of such Act 
        is amended by adding at the end the following flush sentence:
                ``For <<NOTE: Definition.>>  purposes of clause 
                (ii)(II), the term `Tribal' with respect to a domestic 
                relations law means such a law which is issued by or 
                under the laws of an Indian tribal government (as 
                defined in section 7701(a)(40) of the Internal Revenue 
                Code of 1986), a subdivision of such an Indian tribal 
                government, or an agency or instrumentality of 
                either.''.

    (c) <<NOTE: Applicability. 26 USC 414 note.>>  Effective Date.--The 
amendments made by this section shall apply to domestic relations orders 
received by plan administrators after December 31, 2022, including any 
such order which is submitted for reconsideration after such date.
SEC. 340. DEFINED CONTRIBUTION PLAN FEE DISCLOSURE IMPROVEMENTS.

    Not later than 3 years <<NOTE: Deadline.>>  after the date of 
enactment of this Act, the Secretary of Labor shall--
            (1) <<NOTE: Review.>>  review section 2550.404a-5 of title 
        29, Code of Federal Regulations (relating to fiduciary 
        requirements for disclosure in participant-directed individual 
        account plans);
            (2) explore, through a public request for information or 
        otherwise, how the contents and design of the disclosures 
        described in such section may be improved to enhance 
        participants' understanding of fees and expenses related to a 
        defined contribution plan (as defined in section 3 of the 
        Employee Retirement Income Security Act of 1974 (29 U.S.C. 
        1002)) as well as the cumulative effect of such fees and 
        expenses on retirement savings over time; and
            (3) <<NOTE: Reports. Recommenda- tions.>>  report to the 
        Committee on Health, Education, Labor, and Pensions of the 
        Senate and the Committee on Education and Labor of the House of 
        Representatives on the findings of the exploration described in 
        paragraph (2), including beneficial education for consumers on 
        financial literacy concepts as related to retirement plan fees 
        and recommendations for legislative changes needed to address 
        such findings.
SEC. 341. <<NOTE: 26 USC 401 note.>>  CONSOLIDATION OF DEFINED 
                        CONTRIBUTION PLAN NOTICES.

    Not <<NOTE: Deadline. Regulations.>>  later than 2 years after the 
date of enactment of this Act, the Secretary of Labor and the Secretary 
of the Treasury (or such Secretaries' delegates) shall adopt regulations 
providing that a plan (as defined in section 3 of the Employee 
Retirement Income Security Act of 1974 (29 U.S.C. 1002)) may, but is not 
required to, consolidate 2 or more of the notices required under 
sections 404(c)(5)(B) and 514(e)(3) of the Employee Retirement Income 
Security Act of 1974 (29 U.S.C. 1104(c)(5)(B) and 29 U.S.C. 1144(e)(3)) 
and sections 401(k)(12)(D), 401(k)(13)(E), and 414(w)(4)

[[Page 136 STAT. 5376]]

of the Internal Revenue Code of 1986 into a single notice so long as the 
combined notice--
            (1) includes the required content;
            (2) clearly identifies the issues addressed therein;
            (3) is furnished at the time and with the frequency required 
        for each such notice; and
            (4) is presented in a manner that is reasonably calculated 
        to be understood by the average plan participant and that does 
        not obscure or fail to highlight the primary information 
        required for each notice.

This section shall not be interpreted as preventing the consolidation of 
any other notices required under the Employee Retirement Income Security 
Act of 1974, or Internal Revenue Code of 1986, to the extent otherwise 
permitted by the Secretary of Labor or the Secretary of the Treasury (or 
either such Secretary's delegate), as applicable.
SEC. 342. INFORMATION NEEDED FOR FINANCIAL OPTIONS RISK 
                        MITIGATION.

    (a) In General.--Part 1 of subtitle B of title I of the Employee 
Retirement Income Security Act of 1974 (29 U.S.C. 1021 et seq.), as 
amended by the preceding provisions of this title, is amended by adding 
at the end the following:
``SEC. 113. <<NOTE: 29 USC 1032.>>  NOTICE AND DISCLOSURE 
                        REQUIREMENTS WITH RESPECT TO LUMP SUMS.

    ``(a) <<NOTE: Deadlines.>>  In General.--A plan administrator of a 
pension plan that amends the plan to provide a period of time during 
which a participant or beneficiary may elect to receive a lump sum, 
instead of future monthly payments, shall furnish notice--
            ``(1) to each participant or beneficiary offered such lump 
        sum amount, in the manner in which the participant and 
        beneficiary receives the lump sum offer from the plan sponsor, 
        not later than 90 days prior to the first day on which the 
        participant or beneficiary may make an election with respect to 
        such lump sum; and
            ``(2) to the Secretary and the Pension Benefit Guaranty 
        Corporation, not later than 30 days prior to the first day on 
        which participants and beneficiaries may make an election with 
        respect to such lump sum.

    ``(b) Notice to Participants and Beneficiaries.--
            ``(1) Content.--The notice required under subsection (a)(1) 
        shall include the following:
                    ``(A) Available benefit options, including the 
                estimated monthly benefit that the participant or 
                beneficiary would receive at normal retirement age, 
                whether there is a subsidized early retirement option or 
                qualified joint and survivor annuity that is fully 
                subsidized (in accordance with section 417(a)(5) of the 
                Internal Revenue Code of 1986, the monthly benefit 
                amount if payments begin immediately, and the lump sum 
                amount available if the participant or beneficiary takes 
                the option.
                    ``(B) An explanation of how the lump sum was 
                calculated, including the interest rate, mortality 
                assumptions, and whether any additional plan benefits 
                were included in the lump sum, such as early retirement 
                subsidies.
                    ``(C) In a manner consistent with the manner in 
                which a written explanation is required to be given 
                under

[[Page 136 STAT. 5377]]

                417(a)(3) of the Internal Revenue Code of 1986, the 
                relative value of the lump sum option for a terminated 
                vested participant compared to the value of--
                          ``(i) the single life annuity, (or other 
                      standard form of benefit); and
                          ``(ii) the qualified joint and survivor 
                      annuity (as defined in section 205(d)(1));
                    ``(D) A statement that--
                          ``(i) a commercial annuity comparable to the 
                      annuity available from the plan may cost more than 
                      the amount of the lump sum amount, and
                          ``(ii) it may be advisable to consult an 
                      advisor regarding this point if the participant or 
                      beneficiary is considering purchasing a commercial 
                      annuity.
                    ``(E) The potential ramifications of accepting the 
                lump sum, including longevity risks, loss of protections 
                guaranteed by the Pension Benefit Guaranty Corporation 
                (with an explanation of the monthly benefit amount that 
                would be protected by the Pension Benefit Guaranty 
                Corporation if the plan is terminated with insufficient 
                assets to pay benefits), loss of protection from 
                creditors, loss of spousal protections, and other 
                protections under this Act that would be lost.
                    ``(F) General tax rules related to accepting a lump 
                sum, including rollover options and early distribution 
                penalties with a disclaimer that the plan does not 
                provide tax, legal, or accounting advice, and a 
                suggestion that participants and beneficiaries consult 
                with their own tax, legal, and accounting advisors 
                before determining whether to accept the offer.
                    ``(G) How to accept or reject the offer, the 
                deadline for response, and whether a spouse is required 
                to consent to the election.
                    ``(H) Contact information for the point of contact 
                at the plan administrator for participants and 
                beneficiaries to get more information or ask questions 
                about the options.
            ``(2) Plain language.--The notice under this subsection 
        shall be written in a manner calculated to be understood by the 
        average plan participant.
            ``(3) Model notice.--The Secretary shall issue a model 
        notice for purposes of the notice under subsection (a)(1), 
        including for information required under subparagraphs (C) 
        through (F) of paragraph (1).

    ``(c) Notice to the Secretary and Pension Benefit Guaranty 
Corporation.--The notice required under subsection (a)(2) shall include 
the following:
            ``(1) The total number of participants and beneficiaries 
        eligible for such lump sum option.
            ``(2) The length of the limited period during which the lump 
        sum is offered.
            ``(3) An explanation of how the lump sum was calculated, 
        including the interest rate, mortality assumptions, and whether 
        any additional plan benefits were included in the lump sum, such 
        as early retirement subsidies.
            ``(4) A sample of the notice provided to participants and 
        beneficiaries under subsection (a)(1), if otherwise required.

[[Page 136 STAT. 5378]]

    ``(d) Post-Offer Report to the Secretary and Pension Benefit 
Guaranty Corporation.--Not later than 90 days after the conclusion of 
the limited period during which participants and beneficiaries in a plan 
may accept a plan's offer of a lump sum, a plan sponsor shall submit a 
report to the Secretary and the Director of the Pension Benefit Guaranty 
Corporation that includes the number of participants and beneficiaries 
who accepted the lump sum offer and such other information as the 
Secretary may require.
    ``(e) <<NOTE: Confidentiality.>>  Public Availability.--The 
Secretary shall make the information provided in the notice to the 
Secretary required under subsection (a)(2) and in the post-offer reports 
submitted under subsection (d) publicly available in a form that 
protects the confidentiality of the information provided.

    ``(f) Biennial Report.--Not later than the last day of the second 
calendar year after the calendar year including the applicability date 
of the final rules under section 342(e) of the SECURE 2.0 Act of 2022, 
and every 2 years thereafter, so long as the Secretary has received 
notices and post-offer reports under subsections (c) and (d) of this 
section, the Secretary shall submit to Congress a report that summarizes 
such notices and post-offer reports during the applicable reporting 
period. The applicable reporting period begins on the first day of the 
second calendar year preceding the calendar year that the report is 
submitted to Congress and ends on the last day of the calendar year 
preceding the calendar year the report is due.''.
    (b) Clerical Amendment.--The table of contents in section 1 of the 
Employee Retirement Income Security Act of 1974, as amended by the 
proceeding provisions of this title, is further amended by inserting 
after the item relating to section 112 the following new item:

Sec. 113. Notice and disclosure requirements with respect to lump sum 
           windows.

    (c) Enforcement.--Section 502 of the Employee Retirement Income 
Security Act of 1974 (29 U.S.C. 1132) is amended--
            (1) in subsection (c)(1), by striking ``or section 105(a)'' 
        and inserting ``, section 105(a), or section 113(a)''; and
            (2) in subsection (a)(4), by striking ``105(c)'' and 
        inserting ``section 105(c) or 113(a)''.

    (d) <<NOTE: 29 USC 1032 note.>>  Application.--The requirements of 
section 113 of the Employee Retirement Income Security Act of 1974, as 
added by subsection (b), shall apply beginning on the applicable 
effective date specified in the final regulations promulgated pursuant 
to subsection (e).

    (e) <<NOTE: Deadlines. 29 USC 1032 note.>>  Regulatory Authority.--
Not earlier than 1 year after the date of enactment of this Act, the 
Secretary of Labor, in consultation with the Secretary of the Treasury, 
shall issue regulations to implement section 113 of the Employee 
Retirement Income Security Act of 1974, as added by subsection (a). Such 
regulations shall be applicable not earlier than the issuance of a final 
rule and not later than 1 year after issuance of a final rule.
SEC. 343. DEFINED BENEFIT ANNUAL FUNDING NOTICES.

    (a) <<NOTE: Time periods.>>  In General.--Section 101(f)(2)(B) of 
the Employee Retirement Income Security Act of 1974 (29 U.S.C. 
1021(f)(2)(B)) is amended--
            (1) in clause (i)(I), by striking ``funding target 
        attainment percentage (as defined in section 303(d)(2))'' and 
        inserting

[[Page 136 STAT. 5379]]

        ``percentage of plan liabilities funded (as described in clause 
        (ii)(I)(bb))'';
            (2) in clause (ii)(I)--
                    (A) by striking ``, a statement of'';
                    (B) by striking item (aa);
                    (C) by redesignating item (bb) as item (aa);
                    (D) in item (aa), as so redesignated--
                          (i) by inserting ``a statement of'' before 
                      ``the value'',
                          (ii) by inserting ``, and for the preceding 2 
                      plan years as of the last day of each such plan 
                      year,'' before ``determined using'',
                          (iii) by striking ``and'' at the end; and
                    (E) by adding at the end the following:
                                            ``(bb) for purposes of the 
                                        statement in subparagraph 
                                        (B)(i)(I), the percentage of 
                                        plan liabilities funded, 
                                        calculated as the ratio between 
                                        the value of the plan's assets 
                                        and liabilities, as determined 
                                        under item (aa), for the plan 
                                        year to which the notice relates 
                                        and for the 2 preceding plan 
                                        years, and
                                            ``(cc) if the information in 
                                        (aa) and (bb) is presented in 
                                        tabular form, a statement that 
                                        describes that in the event of a 
                                        plan termination the 
                                        corporation's calculation of 
                                        plan liabilities may be greater 
                                        and that references the section 
                                        of the notice with the 
                                        information required under 
                                        clause (x), and'';
            (3) in clause (ii)(II), by striking ``subclause (I)(bb)'' 
        and inserting ``subclause (I)(aa)'',
            (4) in clause (iii), in the matter preceding subclause (I), 
        by inserting ``for the plan year to which the notice relates as 
        of the last day of such plan year and the preceding 2 plan 
        years, in tabular format,'' after ``participants'';
            (5) in clause (iv)--
                    (A) by striking ``plan and the asset'' and inserting 
                ``plan, the asset''; and
                    (B) by inserting ``, and the average return on 
                assets for the plan year,'' after ``assets)'';
            (6) by redesignating clauses (ix) through (xi) as clause (x) 
        through (xii), respectively;
            (7) by inserting after clause (viii) the following:
                          ``(ix) in the case of a single-employer plan, 
                      a statement as to whether the plan's funded 
                      status, based on the plan's liabilities described 
                      under subclause (II) for the plan year to which 
                      the notice relates, and for the 2 preceding plan 
                      years, is at least 100 percent (and, if not, the 
                      actual percentages), that includes--
                                    ``(I) the plan's assets, as of the 
                                last day of the plan year and for the 2 
                                preceding plan years, as determined 
                                under clause (ii)(I)(aa),
                                    ``(II) the plan's liabilities, as of 
                                the last day of the plan year and for 
                                the 2 preceding plan years, as 
                                determined under clause (ii)(1)(aa), and
                                    ``(III) the funded status of the 
                                plan, determined as the ratio of the 
                                plan's assets and liabilities calculated 
                                under subclauses (I) and (II), for the

[[Page 136 STAT. 5380]]

                                plan year to which the notice relates, 
                                and for the 2 preceding plan years,''; 
                                and
            (8) in clause (x), as so redesignated, by striking the comma 
        at the end and inserting the following: ``and a statement that, 
        in the case of a single-employer plan--
                                    ``(I) if plan assets are determined 
                                to be sufficient to pay vested benefits 
                                that are not guaranteed by the Pension 
                                Benefit Guaranty Corporation, 
                                participants and beneficiaries may 
                                receive benefits in excess of the 
                                guaranteed amount, and
                                    ``(II) such a determination 
                                generally uses assumptions that result 
                                in a plan having a lower funded status 
                                as compared to the plan's funded status 
                                disclosed in this notice.''.

    (b) <<NOTE: 29 USC 1021 note.>>  Effective Date.--The amendments 
made by subsection (a) shall apply with respect to plan years beginning 
after December 31, 2023.
SEC. 344. <<NOTE: 29 USC 1023 note.>>  REPORT ON POOLED EMPLOYER 
                        PLANS.

    The Secretary of Labor shall--
            (1) <<NOTE: Study.>>  conduct a study on the pooled employer 
        plan (as such term is defined in section 3(43) of the Employee 
        Retirement Income Security Act of 1974 (29 U.S.C. 1002(43))) 
        industry, including on--
                    (A) the legal name and number of pooled employer 
                plans;
                    (B) the number of participants in such plans;
                    (C) the range of investment options provided in such 
                plans;
                    (D) the fees assessed in such plans;
                    (E) the manner in which employers select and monitor 
                such plans;
                    (F) the disclosures provided to participants in such 
                plans;
                    (G) the number and nature of any enforcement actions 
                by the Secretary of Labor on such plans;
                    (H) the extent to which such plans have increased 
                retirement savings coverage in the United States; and
                    (I) any additional information as the Secretary 
                determines is necessary; and
            (2) <<NOTE: Public information. Web posting. Recommenda- 
        tions.>>  not later than 5 years after the date of enactment of 
        this Act, and every 5 years thereafter, submit to Congress and 
        make available on a publicly accessible website of the 
        Department of Labor, a report on the findings of the study under 
        paragraph (1), including recommendations on how pooled employer 
        plans can be improved, through legislation, to serve and protect 
        retirement plan participants.
SEC. 345. ANNUAL AUDITS FOR GROUP OF PLANS.

    (a) In General.--Section 202(a) of the Setting Every Community Up 
for Retirement Enhancement Act of 2019 (Public Law 116-94; 26 U.S.C. 
6058 note) is amended--
            (1) by striking ``so that all members'' and inserting the 
        following: ``so that--
            ``(1) all members'';
            (2) by striking the period and inserting ``; and''; and
            (3) by adding at the end the following:

[[Page 136 STAT. 5381]]

            ``(2) any opinions required by section 103(a)(3) of the 
        Employee Retirement Income Security Act of 1974 (29 U.S.C. 
        1023(a)(3)) shall relate only to each individual plan which 
        would otherwise be subject to the requirements of such section 
        103(a)(3).''.

    (b) <<NOTE: 26 USC 6058 note.>>  Effective Date.--The amendments 
made by this section shall take effect on the date of the enactment of 
this Act.
SEC. 346. <<NOTE: 29 USC 3228.>>  WORKER OWNERSHIP, READINESS, AND 
                        KNOWLEDGE.

    (a) Definitions.--In this section:
            (1) Existing program.--The term ``existing program'' means a 
        program, designed to promote employee ownership, that exists on 
        the date on which the Secretary is carrying out a responsibility 
        authorized under this section.
            (2) Initiative.--The term ``Initiative'' means the Employee 
        Ownership Initiative established under subsection (b).
            (3) New program.--The term ``new program'' means a program, 
        designed to promote employee ownership, that does not exist on 
        the date on which the Secretary is carrying out a responsibility 
        authorized under this section.
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of Labor.
            (5) State.--The term ``State'' has the meaning given the 
        term under section 3 of the Workforce Innovation and Opportunity 
        Act (29 U.S.C. 3102).

    (b) Employee Ownership Initiative.--
            (1) Establishment.--The Secretary shall establish within the 
        Department of Labor an Employee Ownership Initiative to promote 
        employee ownership.
            (2) Functions.--In carrying out the Initiative, the 
        Secretary shall--
                    (A) support within the States existing programs 
                designed to promote employee ownership; and
                    (B) facilitate within the States the formation of 
                new programs designed to promote employee ownership.
            (3) Duties.--To carry out the functions enumerated in 
        paragraph (2), the Secretary shall support new programs and 
        existing programs by--
                    (A) making Federal grants authorized under 
                subsection (d); and
                    (B)(i) acting as a clearinghouse on techniques 
                employed by new programs and existing programs within 
                the States, and disseminating information relating to 
                those techniques to the programs; or
                    (ii) funding projects for information gathering on 
                those techniques, and dissemination of that information 
                to the programs, by groups outside the Department of 
                Labor.
            (4) Consultation with treasury.--The Secretary shall consult 
        with the Secretary of the Treasury, or the Secretary's delegate, 
        in the case of any employee ownership arrangements or structures 
        the administration and enforcement of which are within the 
        jurisdiction of the Department of the Treasury.

    (c) Programs Regarding Employee Ownership.--
            (1) <<NOTE: Deadline.>>  Establishment of program.--Not 
        later than 180 days after the date of enactment of this Act, the 
        Secretary shall establish a program to encourage new programs 
        and existing

[[Page 136 STAT. 5382]]

        programs within the States to foster employee ownership 
        throughout the United States.
            (2) Purpose of program.--The purpose of the program 
        established under paragraph (1) is to encourage new and existing 
        programs within the States that focus on--
                    (A) providing education and outreach to inform 
                employees and employers about the possibilities and 
                benefits of employee ownership and business ownership 
                succession planning, including providing information 
                about financial education, employee teams, open-book 
                management, and other tools that enable employees to 
                share ideas and information about how their businesses 
                can succeed;
                    (B) providing technical assistance to assist 
                employee efforts to become business owners, to enable 
                employers and employees to explore and assess the 
                feasibility of transferring full or partial ownership to 
                employees, and to encourage employees and employers to 
                start new employee-owned businesses;
                    (C) training employees and employers with respect to 
                methods of employee participation in open-book 
                management, work teams, committees, and other approaches 
                for seeking greater employee input; and
                    (D) training other entities to apply for funding 
                under this subsection, to establish new programs, and to 
                carry out program activities.
            (3) Program details.--The Secretary may include, in the 
        program established under paragraph (1), provisions that--
                    (A) in the case of activities described in paragraph 
                (2)(A)--
                          (i) target key groups, such as retiring 
                      business owners, senior managers, labor 
                      organizations, trade associations, community 
                      organizations, and economic development 
                      organizations;
                          (ii) encourage cooperation in the organization 
                      of workshops and conferences; and
                          (iii) prepare and distribute materials 
                      concerning employee ownership, and business 
                      ownership succession planning;
                    (B) in the case of activities described in paragraph 
                (2)(B)--
                          (i) provide preliminary technical assistance 
                      to employee groups, managers, and retiring owners 
                      exploring the possibility of employee ownership;
                          (ii) provide for the performance of 
                      preliminary feasibility assessments;
                          (iii) assist in the funding of objective 
                      third-party feasibility studies and preliminary 
                      business valuations, and in selecting and 
                      monitoring professionals qualified to conduct such 
                      studies; and
                          (iv) provide a data bank to help employees 
                      find legal, financial, and technical advice in 
                      connection with business ownership;
                    (C) in the case of activities described in paragraph 
                (2)(C)--
                          (i) provide for courses on employee 
                      participation; and

[[Page 136 STAT. 5383]]

                          (ii) provide for the development and fostering 
                      of networks of employee-owned companies to spread 
                      the use of successful participation techniques; 
                      and
                    (D) in the case of training described in paragraph 
                (2)(D)--
                          (i) provide for visits to existing programs by 
                      staff from new programs receiving funding under 
                      this section; and
                          (ii) provide materials to be used for such 
                      training.
            (4) Guidance.--The Secretary shall issue formal guidance, 
        for--
                    (A) recipients of grants awarded under subsection 
                (d) and one-stop partners (as defined in section 3 of 
                the Workforce Innovation and Opportunity Act (29 U.S.C. 
                3102)) affiliated with the workforce development systems 
                (as so defined) of the States, proposing that programs 
                and other activities funded under this section be--
                          (i) proactive in encouraging actions and 
                      activities that promote employee ownership of 
                      businesses; and
                          (ii) comprehensive in emphasizing both 
                      employee ownership of businesses so as to increase 
                      productivity and broaden capital ownership; and
                    (B) acceptable standards and procedures to establish 
                good faith fair market value for shares of a business to 
                be acquired by an employee stock ownership plan (as 
                defined in section 407(d)(6) of the Employee Retirement 
                Income Security Act of 1974 (29 U.S.C. 1107(d)(6))).
        The guidance under subparagraph (B) shall be prescribed in 
        consultation with the Secretary of the Treasury.

    (d) Grants.--
            (1) In general.--In carrying out the program established 
        under subsection (c), the Secretary may make grants for use in 
        connection with new programs and existing programs within a 
        State for any of the following activities:
                    (A) Education and outreach as provided in subsection 
                (c)(2)(A).
                    (B) Technical assistance as provided in subsection 
                (c)(2)(B).
                    (C) Training activities for employees and employers 
                as provided in subsection (c)(2)(C).
                    (D) Activities facilitating cooperation among 
                employee-owned firms.
                    (E) Training as provided in subsection (c)(2)(D) for 
                new programs provided by participants in existing 
                programs dedicated to the objectives of this section, 
                except that, for each fiscal year, the amount of the 
                grants made for such training shall not exceed 10 
                percent of the total amount of the grants made under 
                this section.
            (2) <<NOTE: Determination.>>  Amounts and conditions.--The 
        Secretary shall determine the amount and any conditions for a 
        grant made under this subsection. The amount of the grant shall 
        be subject to paragraph (6), and shall reflect the capacity of 
        the applicant for the grant.
            (3) Applications.--Each entity desiring a grant under this 
        subsection shall submit an application to the Secretary at such 
        time, in such manner, and accompanied by such information as the 
        Secretary may reasonably require.

[[Page 136 STAT. 5384]]

            (4) State applications.--Each State may sponsor and submit 
        an application under paragraph (3) on behalf of any local entity 
        consisting of a unit of State or local government, State-
        supported institution of higher education, or nonprofit 
        organization, meeting the requirements of this section.
            (5) Applications by entities.--
                    (A) Entity applications.--If a State fails to 
                support or establish a program pursuant to this section 
                during any fiscal year, the Secretary shall, in the 
                subsequent fiscal years, allow local entities described 
                in paragraph (4) from that State to make applications 
                for grants under paragraph (3) on their own initiative.
                    (B) Application screening.--Any State failing to 
                support or establish a program pursuant to this section 
                during any fiscal year may submit applications under 
                paragraph (3) in the subsequent fiscal years but may not 
                screen applications by local entities described in 
                paragraph (4) before submitting the applications to the 
                Secretary.
            (6) <<NOTE: Time periods.>>  Limitations.--A recipient of a 
        grant made under this subsection shall not receive, during a 
        fiscal year, in the aggregate, more than the following amounts:
                    (A) For fiscal year 2025, $300,000.
                    (B) For fiscal year 2026, $330,000.
                    (C) For fiscal year 2027, $363,000.
                    (D) For fiscal year 2028, $399,300.
                    (E) For fiscal year 2029, $439,200.
            (7) <<NOTE: Time period.>>  Annual report.--For each year, 
        each recipient of a grant under this subsection shall submit to 
        the Secretary a report describing how grant funds allocated 
        pursuant to this subsection were expended during the 12-month 
        period preceding the date of the submission of the report.

    (e) Evaluations.--The Secretary is authorized to reserve not more 
than 10 percent of the funds appropriated for a fiscal year to carry out 
this section, for the purposes of conducting evaluations of the grant 
programs identified in subsection (d) and to provide related technical 
assistance.
    (f) Reporting.--Not later than the expiration of the 36-month period 
following the date of enactment of this Act, the Secretary shall prepare 
and submit to Congress a report--
            (1) on progress related to employee ownership in businesses 
        in the United States; and
            (2) <<NOTE: Analysis.>>  containing an analysis of critical 
        costs and benefits of activities carried out under this section.

    (g) <<NOTE: Time periods.>>  Authorizations of Appropriations.--
            (1) In general.--There are authorized to be appropriated for 
        the purpose of making grants pursuant to subsection (d) the 
        following:
                    (A) For fiscal year 2025, $4,000,000.
                    (B) For fiscal year 2026, $7,000,000.
                    (C) For fiscal year 2027, $10,000,000.
                    (D) For fiscal year 2028, $13,000,000.
                    (E) For fiscal year 2029, $16,000,000.
            (2) Administrative expenses.--There are authorized to be 
        appropriated for the purpose of funding the administrative 
        expenses related to the Initiative--
                    (A) for fiscal year 2024, $200,000, and

[[Page 136 STAT. 5385]]

                    (B) for each of fiscal years 2025 through 2029, an 
                amount not in excess of the lesser of--
                          (i) $350,000; or
                          (ii) 5.0 percent of the maximum amount 
                      available under paragraph (1) for that fiscal 
                      year.
SEC. 347. REPORT BY THE SECRETARY OF LABOR ON THE IMPACT OF 
                        INFLATION ON RETIREMENT SAVINGS.

     The Secretary of Labor, in consultation with the Secretary of the 
Treasury, shall--
            (1) <<NOTE: Study.>>  conduct a study on the impact of 
        inflation on retirement savings; and
            (2) not later than 90 days after the date of enactment of 
        this Act, submit to Congress a report on the findings of the 
        study.
SEC. 348. CASH BALANCE.

    (a) Amendment of Internal Revenue Code of 1986.--Section 
411(b) <<NOTE: 26 USC 411.>>  is amended by adding at the end the 
following new paragraph:
            ``(6) Projected interest crediting rate.--For purposes of 
        subparagraphs (A), (B), and (C) of paragraph (1), in the case of 
        an applicable defined benefit plan (as defined in subsection 
        (a)(13)(C)) which provides variable interest crediting rates, 
        the interest crediting rate which is treated as in effect and as 
        the projected interest crediting rate shall be a reasonable 
        projection of such variable interest crediting rate, not to 
        exceed 6 percent.''.

    (b) Amendment of Employee Retirement Income Security Act of 1974.--
Section 204(b) of the Employee Retirement Income Security Act of 1974 
(29 U.S.C. 1060(b)) is amended by adding at the end the following new 
paragraph:
            ``(6) Projected interest crediting rate.--For purposes of 
        subparagraphs (A), (B), and (C) of paragraph (1), in the case of 
        an applicable defined benefit plan (within the meaning of 
        section 203(f)(3)) which provides variable interest crediting 
        rates, the interest crediting rate which is treated as in effect 
        and as the projected interest crediting rate shall be a 
        reasonable projection of such variable interest crediting rate, 
        not to exceed 6 percent.''.

    (c) <<NOTE: 26 USC 411 note.>>  Effective Date.--The amendments made 
by this section shall apply with respect to plan years beginning after 
the date of enactment of this Act.
SEC. 349. TERMINATION OF VARIABLE RATE PREMIUM INDEXING.

    (a) In General.--Paragraph (8) of 4006(a) of the Employee Retirement 
Income Security Act of 1974 (29 U.S.C. 1306(a)) is amended by--
            (1) in subparagraph (A)--
                    (A) in clause (vi), by striking ``and'';
                    (B) in clause (vii), by striking the period at the 
                end and inserting ``; and''; and
                    (C) by adding at the end the following:
                          ``(viii) for plan years beginning after 
                      calendar year 2023, $52.'';
            (2) in subparagraph (B), in the matter preceding clause (i), 
        by inserting ``and before 2024'' after ``2012'' ; and

[[Page 136 STAT. 5386]]

            (3) in subparagraph (D)(vii), by inserting ``and before 
        2024'' after ``2019''.

    (b) Technical Amendment.--Clause (i) of section 4006(a)(3)(E) of the 
Employee Retirement Income Security Act of 1974 (29 U.S.C. 
1306(a)(3)(E)) is amended by striking ``subparagraph (H)'' and inserting 
``subparagraph (I)''.
    (c) <<NOTE: 29 USC 1306 note.>>  Effective Date.--The amendments 
made by this section shall take effect on the date of the enactment of 
this Act.
SEC. 350. SAFE HARBOR FOR CORRECTIONS OF EMPLOYEE ELECTIVE 
                        DEFERRAL FAILURES.

    (a) In General.--Section 414, <<NOTE: 26 USC 414.>>  as amended by 
the preceding provisions of this Act, is further amended by adding at 
the end the following new subsection:

    ``(cc) Correcting Automatic Contribution Errors.--
            ``(1) In general.--Any plan or arrangement shall not fail to 
        be treated as a plan described in sections 401(a), 403(b), 408, 
        or 457(b), as applicable, solely by reason of a corrected error.
            ``(2) Corrected error defined.--For purposes of this 
        subsection, the term `corrected error' means a reasonable 
        administrative error--
                    ``(A)(i) made in implementing an automatic 
                enrollment or automatic escalation feature with respect 
                to an eligible employee (or an affirmative election made 
                by an eligible employee covered by such feature), or
                    ``(ii) made by failing to afford an eligible 
                employee the opportunity to make an affirmative election 
                because such employee was improperly excluded from the 
                plan], and
                    ``(B) that is corrected prospectively by 
                implementing an automatic enrollment or automatic 
                escalation feature with respect to an eligible employee 
                (or an affirmative election made by an eligible 
                employee) determined in accordance with the terms of an 
                eligible automatic contribution arrangement (as defined 
                under subsection (w)(3)), provided that--
                          ``(i) such implementation error is corrected 
                      not later than--
                                    ``(I) the date of the first payment 
                                of compensation made by the employer to 
                                the employee on or after the last day of 
                                the 9\1/2\ month-period after the end of 
                                the plan year during which such error 
                                with respect to the employee first 
                                occurred, or
                                    ``(II) if earlier in the case of an 
                                employee who notifies the plan sponsor 
                                of such error, the date of the first 
                                payment of compensation made by the 
                                employer to the employee on or after the 
                                last day of the month following the 
                                month in which such notification was 
                                made,
                          ``(ii) in the case of an employee who would 
                      have been entitled to additional matching 
                      contributions had any missed elective deferral 
                      been made, the plan sponsor makes a corrective 
                      allocation, not later than the deadline specified 
                      by the Secretary in regulations or other guidance 
                      prescribed under paragraph (3), of matching 
                      contributions on behalf of the employee in

[[Page 136 STAT. 5387]]

                      an amount equal to the additional matching 
                      contributions to which the employee would have 
                      been so entitled (adjusted to account for earnings 
                      had the missed elective deferrals been made).
                          ``(iii) such implementation error is of a type 
                      which is so corrected for all similarly situated 
                      participants in a nondiscriminatory manner,
                          ``(iv) <<NOTE: Notice. Deadline.>>  notice of 
                      such error is given to the employee not later than 
                      45 days after the date on which correct deferrals 
                      begin, and
                          ``(v) the notice under clause (iv) satisfies 
                      such regulations or other guidance as the 
                      Secretary prescribes under paragraph (4).
        Such correction may occur before or after the participant has 
        terminated employment and may occur without regard to whether 
        the error is identified by the Secretary.
            ``(3) No obligation for employer to restore missed elective 
        deferrals.--If the requirements of paragraph (2)(B) are 
        satisfied, the employer will not be required to provide eligible 
        employees with the missed amount of elective deferrals resulting 
        from a reasonable administrative error described in paragraph 
        (2)(A)(i) or (ii) through a qualified nonelective contribution, 
        or otherwise.
            ``(4) Regulations and guidance for favorable correction 
        methods.--The Secretary shall by regulations or other guidance 
        of general applicability prescribe--
                    ``(A) the deadline for making a corrective 
                allocation of matching contributions required by 
                paragraph (2)(B)(ii),
                    ``(B) the content of the notice required by 
                paragraph (2)(B)(iv),
                    ``(C) the manner in which the amount of the 
                corrective allocation under paragraph (2)(B)(ii) is 
                determined,
                    ``(D) the manner of adjustment to account for 
                earnings on matching contributions under paragraph 
                (2)(B)(ii), and
                    ``(E) such other rules as are necessary to carry out 
                the purposes of the subsection.''.

    (b) <<NOTE: 26 USC 414 note.>>  Effective Date.--The amendment made 
by this section shall apply with respect to any errors with respect to 
which the date referred to in section 414(cc) (as added by this section) 
is after December 31, 2023. Prior to the application of any regulations 
or other guidance prescribed under paragraph (3) of section 414(cc) of 
the Internal Revenue Code of 1986 (as added by this section), taxpayers 
may rely upon their reasonable good faith interpretations of the 
provisions of such section.

                     TITLE IV--TECHNICAL AMENDMENTS

SEC. 401. AMENDMENTS RELATING TO SETTING EVERY COMMUNITY UP FOR 
                        RETIREMENT ENHANCEMENT ACT OF 2019.

    (a) Technical Amendments.--
            (1) Amendments relating to section 103.--Section 
        401(m)(12) <<NOTE: 26 USC 401.>>  is amended by striking ``and'' 
        at the end of subparagraph (A), by redesignating subparagraph 
        (B) as subparagraph (C), and by inserting after subparagraph (A) 
        (as so amended) the following new subparagraph:

[[Page 136 STAT. 5388]]

                    ``(B) meets the notice requirements of subsection 
                (k)(13)(E), and''.
            (2) Amendments relating to section 112.--
                    (A) Section 401(k)(15)(B)(i)(II) <<NOTE: 26 USC 
                401.>>  is amended by striking ``subsection (m)(2)'' and 
                inserting ``paragraphs (2), (11), and (12) of subsection 
                (m)''.
                    (B) Section 401(k)(15)(B)(iii) is amended by 
                striking ``under the arrangement'' and inserting ``under 
                the plan''.
                    (C) Section 401(k)(15)(B)(iv) is amended by striking 
                ``section 410(a)(1)(A)(ii)'' and inserting ``paragraph 
                (2)(D)''.
            (3) Amendment relating to section 116.--Section 4973(b) is 
        amended by adding at the end of the flush matter the following: 
        ``Such term shall not include any designated nondeductible 
        contribution (as defined in subparagraph (C) of section 
        408(o)(2)) which does not exceed the nondeductible limit under 
        subparagraph (B) thereof by reason of an election under section 
        408(o)(5).''.

    (b) Clerical Amendments.--
            (1) Section 72(t)(2)(H)(vi)(IV) is amended by striking 
        ``403(b)(7)(A)(ii)'' and inserting `` 403(b)(7)(A)(i)''.
            (2) Section 401(k)(12)(G) is amended by striking ``the 
        requirements under subparagraph (A)(i)'' and inserting ``the 
        contribution requirements under subparagraph (B) or (C)''.
            (3) Section 401(k)(13)(D)(iv) is amended by striking ``and 
        (F)'' and inserting ``and (G)''.
            (4) Section 408(o)(5)(A) is amended by striking ``subsection 
        (b)'' and inserting ``section 219(b)''.
            (5) Section 408A(c)(2)(A) is amended by striking ``(d)(1) 
        or''.

    (c) <<NOTE: 26 USC 72 note.>>  Effective Date.--The amendments made 
by this section shall take effect as if included in the section of the 
Setting Every Community Up for Retirement Enhancement Act of 2019 to 
which the amendment relates.

                   TITLE V--ADMINISTRATIVE PROVISIONS

SEC. 501. PROVISIONS RELATING TO PLAN AMENDMENTS.

    (a) <<NOTE: 26 USC 414 note.>>  In General.--If this section applies 
to any retirement plan or contract amendment--
            (1) such retirement plan or contract shall be treated as 
        being operated in accordance with the terms of the plan during 
        the period described in subsection (b)(2)(A); and
            (2) except as provided by the Secretary of the Treasury (or 
        the Secretary's delegate), such retirement plan shall not fail 
        to meet the requirements of section 411(d)(6) of the Internal 
        Revenue Code of 1986 and section 204(g) of the Employee 
        Retirement Income Security Act of 1974 by reason of such 
        amendment.

    (b) Amendments to Which Section Applies.--
            (1) In general.--This section shall apply to any amendment 
        to any retirement plan or annuity contract which is made--
                    (A) <<NOTE: Regulations.>>  pursuant to any 
                amendment made by this Act or pursuant to any regulation 
                issued by the Secretary

[[Page 136 STAT. 5389]]

                of the Treasury or the Secretary of Labor (or a delegate 
                of either such Secretary) under this Act; and
                    (B) <<NOTE: Effective date.>>  on or before the last 
                day of the first plan year beginning on or after January 
                1, 2025, or such later date as the Secretary of the 
                Treasury may prescribe.
        In the case of a governmental plan (as defined in section 414(d) 
        of the Internal Revenue Code of 1986), or an applicable 
        collectively bargained plan, this paragraph shall be applied by 
        substituting ``2027'' for ``2025''. For purposes of the 
        preceding sentence, the term ``applicable collectively bargained 
        plan'' means a plan maintained pursuant to 1 or more collective 
        bargaining agreements between employee representatives and 1 or 
        more employers ratified before the date of enactment of this 
        Act.
            (2) Conditions.--This section shall not apply to any 
        amendment unless--
                    (A) <<NOTE: Time period.>>  during the period--
                          (i) beginning on the date the legislative or 
                      regulatory amendment described in paragraph (1)(A) 
                      takes effect (or in the case of a plan or contract 
                      amendment not required by such legislative or 
                      regulatory amendment, the effective date specified 
                      by the plan); and
                          (ii) ending on the date described in paragraph 
                      (1)(B) (as modified by the second sentence of 
                      paragraph (1)) (or, if earlier, the date the plan 
                      or contract amendment is adopted),
                the plan or contract is operated as if such plan or 
                contract amendment were in effect; and
                    (B) such plan or contract amendment applies 
                retroactively for such period.

    (c) Coordination With Other Provisions Relating to Plan 
Amendments.--
            (1) SECURE act.--Section 601(b)(1) of the Setting Every 
        Community Up for Retirement Enhancement Act of 2019 <<NOTE: 26 
        USC 414 note.>>  is amended--
                    (A) by striking ``January 1, 2022'' in subparagraph 
                (B) and inserting ``January 1, 2025'', and
                    (B) by striking ``substituting `2024' for `2022'.'' 
                in the flush matter at the end and inserting 
                ``substituting `2027' for `2025'.''.
            (2) CARES act.--
                    (A) <<NOTE: 26 USC 72 note.>>  Special rules for use 
                of retirement funds.--Section 2202(c)(2)(A) of the CARES 
                Act is amended by striking ``January 1, 2022'' in clause 
                (ii) and inserting ``January 1, 2025''.
                    (B) Temporary waiver of required minimum 
                distributions rules for certain retirement plans and 
                accounts.--Section 2203(c)(2)(B)(i) of the CARES 
                Act <<NOTE: 26 USC 401 note.>>  is amended--
                          (i) by striking ``January 1, 2022'' in 
                      subclause (II) and inserting ``January 1, 2025'', 
                      and
                          (ii) by striking ``substituting `2024' for 
                      `2022'.'' in the flush matter at the end and 
                      inserting ``substituting `2027' for `2025'.''.
                    (C) Taxpayer certainty and disaster tax relief act 
                of 2020.--Section 302(d)(2)(A) of the Taxpayer Certainty 
                and Disaster Tax Relief Act of 2020 <<NOTE: 134 Stat. 
                3074>>  is amended by striking

[[Page 136 STAT. 5390]]

                ``January 1, 2022'' in clause (ii) and inserting 
                ``January 1, 2025''.

                      TITLE VI--REVENUE PROVISIONS

SEC. 601. SIMPLE AND SEP ROTH IRAS.

    (a) In General.--Section 408A <<NOTE: 26 USC 408A.>>  is amended by 
striking subsection (f).

    (b) Rules Relating to Simplified Employee Pensions.--
            (1) Contributions.--Section 402(h)(1) is amended by striking 
        ``and'' at the end of subparagraph (A), by striking the period 
        at the end of subparagraph (B) and inserting ``, and'', and by 
        adding at the end the following new subparagraph:
                    ``(C) in the case of any contributions pursuant to a 
                simplified employer pension which are made to an 
                individual retirement plan designated as a Roth IRA, 
                such contribution shall not be excludable from gross 
                income.''.
            (2) Distributions.--Section 402(h)(3) is amended by 
        inserting ``(or section 408A(d) in the case of an individual 
        retirement plan designated as a Roth IRA)'' before the period at 
        the end.
            (3) Election required.--Section 408(k) is amended by 
        redesignating paragraphs (7), (8), and (9) as paragraphs (8), 
        (9), and (10), respectively, and by inserting after paragraph 
        (6) the following new paragraph:
            ``(7) Roth contribution election.--An individual retirement 
        plan which is designated as a Roth IRA shall not be treated as a 
        simplified employee pension under this subsection unless the 
        employee elects for such plan to be so treated (at such time and 
        in such manner as the Secretary may provide).''.

    (c) Rules Relating to Simple Retirement Accounts.--
            (1) Election required.--Section 408(p), as amended by the 
        preceding provisions of this Act, is further amended by adding 
        at the end the following new paragraph:
            ``(12) Roth contribution election.--An individual retirement 
        plan which is designated as a Roth IRA shall not be treated as a 
        simple retirement account under this subsection unless the 
        employee elects for such plan to be so treated (at such time and 
        in such manner as the Secretary may provide).''.
            (2) Rollovers.--Section 408A(e) is amended by adding at the 
        end the following new paragraph:
            ``(3) Simple retirement accounts.--In the case of any 
        payment or distribution out of a simple retirement account (as 
        defined in section 408(p)) with respect to which an election has 
        been made under section 408(p)(12) and to which 72(t)(6) 
        applies, the term `qualified rollover contribution' shall not 
        include any payment or distribution paid into an account other 
        than another simple retirement account (as so defined).''.

    (d) Conforming Amendment.--Section 408A(d)(2)(B) is amended by 
inserting ``, or employer in the case of a simple retirement account (as 
defined in section 408(p)) or simplified employee pension (as defined in 
section 408(k)),'' after ``individual's spouse''.
    (e) <<NOTE: 26 USC 402 note.>>  Effective Date.--The amendments made 
by this section shall apply to taxable years beginning after December 
31, 2022.

[[Page 136 STAT. 5391]]

SEC. 602. HARDSHIP WITHDRAWAL RULES FOR 403(b) PLANS.

    (a) In General.--Section 403(b), <<NOTE: 26 USC 403.>>  as amended 
by the preceding provisions of this Act, is amended by adding at the end 
the following new paragraph:
            ``(17) Special rules relating to hardship withdrawals.--For 
        purposes of paragraphs (7) and (11)--
                    ``(A) Amounts which may be withdrawn.--The following 
                amounts may be distributed upon hardship of the 
                employee:
                          ``(i) Contributions made pursuant to a salary 
                      reduction agreement (within the meaning of section 
                      3121(a)(5)(D)).
                          ``(ii) Qualified nonelective contributions (as 
                      defined in section 401(m)(4)(C)).
                          ``(iii) Qualified matching contributions 
                      described in section 401(k)(3)(D)(ii)(I).
                          ``(iv) Earnings on any contributions described 
                      in clause (i), (ii), or (iii).
                    ``(B) No requirement to take available loan.--A 
                distribution shall not be treated as failing to be made 
                upon the hardship of an employee solely because the 
                employee does not take any available loan under the 
                plan.''.

    (b) Conforming Amendments.--
            (1) Section 403(b)(7)(A)(i)(V) is amended by striking ``in 
        the case of contributions made pursuant to a salary reduction 
        agreement (within the meaning of section 3121(a)(5)(D))'' and 
        inserting ``subject to the provisions of paragraph (17)''.
            (2) Paragraph (11) of section 403(b), as amended by this 
        Act, is further amended--
                    (A) by striking ``in'' in subparagraph (B) and 
                inserting ``subject to the provisions of paragraph (17), 
                in'', and
                    (B) by striking the second sentence.

    (c) <<NOTE: 26 USC 403 note.>>  Effective Date.--The amendments made 
by this section shall apply to plan years beginning after December 31, 
2023.
SEC. 603. ELECTIVE DEFERRALS GENERALLY LIMITED TO REGULAR 
                        CONTRIBUTION LIMIT.

    (a) Applicable Employer Plans.--Section 414(v) is amended by adding 
at the end the following new paragraph:
            ``(7) Certain deferrals must be roth contributions.--
                    ``(A) In general.--Except as provided in 
                subparagraph (C), in the case of an eligible participant 
                whose wages (as defined in section 3121(a)) for the 
                preceding calendar year from the employer sponsoring the 
                plan exceed $145,000, paragraph (1) shall apply only if 
                any additional elective deferrals are designated Roth 
                contributions (as defined in section 402A(c)(1)) made 
                pursuant to an employee election.
                    ``(B) Roth option.--In the case of an applicable 
                employer plan with respect to which subparagraph (A) 
                applies to any participant for a plan year, paragraph 
                (1) shall not apply to the plan unless the plan provides 
                that any eligible participant may make the participant's 
                additional elective deferrals as designated Roth 
                contributions.
                    ``(C) Exception.--Subparagraph (A) shall not apply 
                in the case of an applicable employer plan described in 
                paragraph (6)(A)(iv).

[[Page 136 STAT. 5392]]

                    ``(D) Election to change deferrals.--The Secretary 
                may provide by regulations that an eligible participant 
                may elect to change the participant's election to make 
                additional elective deferrals if the participant's 
                compensation is determined to exceed the limitation 
                under subparagraph (A) after the election is made.
                    ``(E) <<NOTE: Time period. Effective date.>>  Cost 
                of living adjustment.--In the case of a year beginning 
                after December 31, 2024, the Secretary shall adjust 
                annually the $145,000 amount in subparagraph (A) for 
                increases in the cost-of-living at the same time and in 
                the same manner as adjustments under 415(d); except that 
                the base period taken into account shall be the calendar 
                quarter beginning July 1, 2023, and any increase under 
                this subparagraph which is not a multiple of $5,000 
                shall be rounded to the next lower multiple of 
                $5,000.''.

    (b) Conforming Amendments.--
            (1) Section 402(g)(1) is amended by striking subparagraph 
        (C).
            (2) Section 457(e)(18)(A)(ii) is amended by inserting ``the 
        lesser of any designated Roth contributions made by the 
        participant to the plan or'' before ``the applicable dollar 
        amount''.

    (c) <<NOTE: 26 USC 402 note.>>  Effective Date.--The amendments made 
by this section shall apply to taxable years beginning after December 
31, 2023.
SEC. 604. OPTIONAL TREATMENT OF EMPLOYER MATCHING OR NONELECTIVE 
                        CONTRIBUTIONS AS ROTH CONTRIBUTIONS.

    (a) In General.--Section 402A(a) is amended by redesignating 
paragraph (2) as paragraph (4), by striking ``and'' at the end of 
paragraph (1), and by inserting after paragraph (1) the following new 
paragraphs:
            ``(2) any designated Roth contribution which pursuant to the 
        program is made by the employer on the employee's behalf on 
        account of the employee's contribution, elective deferral, or 
        (subject to the requirements of section 401(m)(13)) qualified 
        student loan payment shall be treated as a matching contribution 
        for purposes of this chapter, except that such contribution 
        shall not be excludable from gross income,
            ``(3) any designated Roth contribution which pursuant to the 
        program is made by the employer on the employee's behalf and 
        which is a nonelective contribution shall be nonforfeitable and 
        shall not be excludable from gross income, and''.

    (b) Matching Included in Qualified Roth Contribution Program.--
Section 402A(b)(1) is amended--
            (1) by inserting ``, or to have made on the employee's 
        behalf,'' after ``elect to make'', and
            (2) by inserting ``, or of matching contributions or 
        nonelective contributions which may otherwise be made on the 
        employee's behalf,'' after ``otherwise eligible to make''.

    (c) Designated Roth Matching Contributions.--Section 402A(c)(1) is 
amended by inserting ``, matching contribution, or nonelective 
contribution'' after ``elective deferral''.
    (d) Matching Contribution Defined.--Section 402A(f), as redesignated 
by this Act, is amended by adding at the end the following:
            ``(3) Matching contribution.--The term `matching 
        contribution' means--

[[Page 136 STAT. 5393]]

                    ``(A) any matching contribution described in section 
                401(m)(4)(A), and
                    ``(B) any contribution to an eligible deferred 
                compensation plan (as defined in section 457(b)) by an 
                eligible employer described in section 457(e)(1)(A) on 
                behalf of an employee and on account of such employee's 
                elective deferral under such plan,
        but only if such contribution is nonforfeitable at the time 
        received.''.

    (e) <<NOTE: 26 USC 402A note.>>  Effective Date.--The amendments 
made by this section shall apply to contributions made after the date of 
the enactment of this Act.
SEC. 605. CHARITABLE CONSERVATION EASEMENTS.

    (a) Limitation on Deduction.--
            (1) In general.--Section 170(h) <<NOTE: 26 USC 170.>>  is 
        amended by adding at the end the following new paragraph:
            ``(7) Limitation on deduction for qualified conservation 
        contributions made by pass-through entities.--
                    ``(A) In general.--A contribution by a partnership 
                (whether directly or as a distributive share of a 
                contribution of another partnership) shall not be 
                treated as a qualified conservation contribution for 
                purposes of this section if the amount of such 
                contribution exceeds 2.5 times the sum of each partner's 
                relevant basis in such partnership.
                    ``(B) <<NOTE: Definitions.>>  Relevant basis.--For 
                purposes of this paragraph--
                          ``(i) In general.--The term `relevant basis' 
                      means, with respect to any partner, the portion of 
                      such partner's modified basis in the partnership 
                      which is allocable (under rules similar to the 
                      rules of section 755) to the portion of the real 
                      property with respect to which the contribution 
                      described in subparagraph (A) is made.
                          ``(ii) Modified basis.--The term `modified 
                      basis' means, with respect to any partner, such 
                      partner's adjusted basis in the partnership as 
                      determined--
                                    ``(I) immediately before the 
                                contribution described in subparagraph 
                                (A),
                                    ``(II) without regard to section 
                                752, and
                                    ``(III) by the partnership after 
                                taking into account the adjustments 
                                described in subclauses (I) and (II) and 
                                such other adjustments as the Secretary 
                                may provide.
                    ``(C) Exception for contributions outside 3-year 
                holding period.--Subparagraph (A) shall not apply to any 
                contribution which is made at least 3 years after the 
                latest of--
                          ``(i) the last date on which the partnership 
                      that made such contribution acquired any portion 
                      of the real property with respect to which such 
                      contribution is made,
                          ``(ii) the last date on which any partner in 
                      the partnership that made such contribution 
                      acquired any interest in such partnership, and

[[Page 136 STAT. 5394]]

                          ``(iii) if the interest in the partnership 
                      that made such contribution is held through 1 or 
                      more partnerships--
                                    ``(I) the last date on which any 
                                such partnership acquired any interest 
                                in any other such partnership, and
                                    ``(II) the last date on which any 
                                partner in any such partnership acquired 
                                any interest in such partnership.
                    ``(D) Exception for family partnerships.--
                          ``(i) In general.--Subparagraph (A) shall not 
                      apply with respect to any contribution made by any 
                      partnership if substantially all of the 
                      partnership interests in such partnership are 
                      held, directly or indirectly, by an individual and 
                      members of the family of such individual.
                          ``(ii) <<NOTE: Definition.>>  Members of the 
                      family.--For purposes of this subparagraph, the 
                      term `members of the family' means, with respect 
                      to any individual--
                                    ``(I) the spouse of such individual, 
                                and
                                    ``(II) any individual who bears a 
                                relationship to such individual which is 
                                described in subparagraphs (A) through 
                                (G) of section 152(d)(2).
                    ``(E) Exception for contributions to preserve 
                certified historic structures.--Subparagraph (A) shall 
                not apply to any qualified conservation contribution the 
                conservation purpose of which is the preservation of any 
                building which is a certified historic structure (as 
                defined in paragraph (4)(C)).
                    ``(F) Application to other pass-through entities.--
                Except as may be otherwise provided by the Secretary, 
                the rules of this paragraph shall apply to S 
                corporations and other pass-through entities in the same 
                manner as such rules apply to partnerships.
                    ``(G) Regulations.--The Secretary shall prescribe 
                such regulations or other guidance as may be necessary 
                or appropriate to carry out the purposes of this 
                paragraph, including regulations or other guidance--
                          ``(i) to require reporting, including 
                      reporting related to tiered partnerships and the 
                      modified basis of partners, and
                          ``(ii) to prevent the avoidance of the 
                      purposes of this paragraph.''.
            (2) Application of accuracy-related penalties.--
                    (A) In general.--Section 6662(b) <<NOTE: 26 USC 
                6662.>>  is amended by inserting after paragraph (9) the 
                following new paragraph:
            ``(10) Any disallowance of a deduction by reason of section 
        170(h)(7).''.
                    (B) Treatment as gross valuation misstatement.--
                Section 6662(h)(2) is amended by striking ``and'' at the 
                end of subparagraph (B), by striking the period at the 
                end of subparagraph (C) and inserting ``, and'', and by 
                adding at the end the following new subparagraph:
                    ``(D) any disallowance of a deduction described in 
                subsection (b)(10).''.
                    (C) No reasonable cause exception.--Section 
                6664(c)(2) is amended by inserting ``or to any 
                disallowance

[[Page 136 STAT. 5395]]

                of a deduction described in section 6662(b)(10)'' before 
                the period at the end.
                    (D) Approval of assessment not required.--Section 
                6751(b)(2)(A) <<NOTE: 26 USC 6751.>>  is amended by 
                striking ``subsection (b)(9)'' and inserting ``paragraph 
                (9) or (10) of subsection (b)''.
            (3) <<NOTE: 26 USC 170 note.>>  Extension of statute of 
        limitations for listed transactions.--Any contribution with 
        respect to which any deduction was disallowed by reason of 
        section 170(h)(7) of the Internal Revenue Code of 1986 (as added 
        by this subsection) shall be treated for purposes of sections 
        6501(c)(10) and 6235(c)(6) of such Code as a transaction 
        specifically identified by the Secretary as a tax avoidance 
        transaction for purposes of section 6011 of such Code.

    (b) Reporting Requirements.--Section 170(f) is amended by adding at 
the end the following new paragraph:
            ``(19) Certain qualified conservation contributions.--
                    ``(A) In general.--In the case of a qualified 
                conservation contribution to which this paragraph 
                applies, no deduction shall be allowed under subsection 
                (a) for such contribution unless the partnership making 
                such contribution--
                          ``(i) includes on its return for the taxable 
                      year in which the contribution is made a statement 
                      that the partnership made such a contribution, and
                          ``(ii) provides such information about the 
                      contribution as the Secretary may require.
                    ``(B) Contributions to which this paragraph 
                applies.--This paragraph shall apply to any qualified 
                conservation contribution--
                          ``(i) the conservation purpose of which is the 
                      preservation of any building which is a certified 
                      historic structure (as defined in subsection 
                      (h)(4)(C)),
                          ``(ii) which is made by a partnership (whether 
                      directly or as a distributive share of a 
                      contribution of another partnership), and
                          ``(iii) the amount of which exceeds 2.5 times 
                      the sum of each partner's relevant basis (as 
                      defined in subsection (h)(7)) in the partnership 
                      making the contribution.
                    ``(C) Application to other pass-through entities.--
                Except as may be otherwise provided by the Secretary, 
                the rules of this paragraph shall apply to S 
                corporations and other pass-through entities in the same 
                manner as such rules apply to partnerships.''.

    (c) <<NOTE: 26 USC 170 note.>>  Effective Date.--
            (1) In general.--The amendments made by this section shall 
        apply to contributions made after the date of the enactment of 
        this Act.
            (2) No inference.--No inference is intended as to the 
        appropriate treatment of contributions made in taxable years 
        ending on or before the date specified in paragraph (1), or as 
        to any contribution for which a deduction is not disallowed by 
        reason of section 170(h)(7) of the Internal Revenue Code of 
        1986, as added by this section.

    (d) <<NOTE: 26 USC 170 note.>>  Safe Harbors and Opportunity for 
Donor to Correct Certain Deed Errors.--
            (1) <<NOTE: Deadline. Publication.>>  In general.--The 
        Secretary of the Treasury (or such Secretary's delegate) shall, 
        within 120 days after the date of

[[Page 136 STAT. 5396]]

        the enactment of this Act, publish safe harbor deed language for 
        extinguishment clauses and boundary line adjustments.
            (2) Opportunity to correct.--
                    (A) <<NOTE: Time period.>>  In general.--During the 
                90-day period beginning on the date of publication of 
                the safe harbor deed language under paragraph (1), a 
                donor may amend an easement deed to substitute the safe 
                harbor language for the corresponding language in the 
                original deed if--
                          (i) <<NOTE: Deadline.>>  the amended deed is 
                      signed by the donor and donee and recorded within 
                      such 90-day period, and
                          (ii) such amendment is treated as effective as 
                      of the date of the recording of the original 
                      easement deed.
                    (B) Exceptions.--Subparagraph (A) shall not apply to 
                an easement deed relating to any contribution--
                          (i) which--
                                    (I) is part of a reportable 
                                transaction (as defined in section 
                                6707A(c)(1) of the Internal Revenue Code 
                                of 1986), or
                                    (II) is described in Internal 
                                Revenue Service Notice 2017-10,
                          (ii) which by reason of section 170(h)(7) of 
                      such Code, as added by this section, is not 
                      treated as a qualified conservation contribution,
                          (iii) if a deduction for such contribution 
                      under section 170 of such Code has been disallowed 
                      by the Secretary of the Treasury (or such 
                      Secretary's delegate), and the donor is contesting 
                      such disallowance in a case which is docketed in a 
                      Federal court on a date before the date the 
                      amended deed is recorded by the donor, or
                          (iv) <<NOTE: Applicability.>>  if a claimed 
                      deduction for such contribution under section 170 
                      of such Code resulted in an underpayment to which 
                      a penalty under section 6662 or 6663 of such Code 
                      applies and--
                                    (I) such penalty has been finally 
                                determined administratively, or
                                    (II) if such penalty is challenged 
                                in court, the judicial proceeding with 
                                respect to such penalty has been 
                                concluded by a decision or judgment 
                                which has become final.
SEC. 606. ENHANCING RETIREE HEALTH BENEFITS IN PENSION PLANS.

    (a) Amendments to Internal Revenue Code of 1986.--
            (1) Extension of transfers of excess pension assets to 
        retiree health accounts.--Paragraph (4) of section <<NOTE: 26 
        USC 420.>> 420(b) is amended by striking ``December 31, 2025'' 
        and inserting ``December 31, 2032''.
            (2) De minimis transfer rule.--
                    (A) In general.--Subsection (e) of section 420 is 
                amended by adding at the end the following new 
                paragraph:
            ``(7) Special rule for de minimis transfers.--
                    ``(A) <<NOTE: Applicability.>>  In general.--In the 
                case of a transfer of an amount which is not more than 
                1.75 percent of the amount determined under paragraph 
                (2)(A) by a plan which meets the requirements of 
                subparagraph (B), paragraph (2)(B)

[[Page 136 STAT. 5397]]

                shall be applied by substituting `110 percent' for `125 
                percent'.
                    ``(B) Two-year lookback requirement.--A plan is 
                described in this subparagraph if, as of any valuation 
                date in each of the 2 plan years immediately preceding 
                the plan year in which the transfer occurs, the amount 
                determined under paragraph (2)(A) exceeded 110 percent 
                of the sum of the funding target and the target normal 
                cost determined under section 430 for each such plan 
                year.''.
                    (B) Cost maintenance period.--Subparagraph (D) of 
                section 420(c)(3) is amended by striking ``5 taxable 
                years'' and inserting ``5 taxable years (7 taxable years 
                in the case of a transfer to which subsection (e)(7) 
                applies)''.
                    (C) Conforming amendments.--
                          (i) Excess pension assets.--Clause (i) of 
                      section 420(f)(2)(B) is amended--
                                    (I) by striking ``In general.--In'' 
                                and inserting ``In general.--
                                    ``(I) Determination.--In'',
                                    (II) by striking ``subsection 
                                (e)(2)'' and inserting ``subsection 
                                (e)(2)(B)'', and
                                    (III) by adding at the end the 
                                following new subclause:
                                    ``(II) Special rule for collectively 
                                bargained transfers.--In determining 
                                excess pension assets for purposes of a 
                                collectively bargained transfer, 
                                subsection (e)(7) shall not apply.''.
                          (ii) Minimum cost.--Subclause (I) of section 
                      420(f)(2)(D)(i) is amended by striking ``4th 
                      year'' and inserting ``4th year (the 6th year in 
                      the case of a transfer to which subsection (e)(7) 
                      applies)''.

    (b) Extension of Transfers of Excess Pension Assets to Retiree 
Health Accounts Under Employee Retirement Income Security Act of 1974.--
            (1) Definitions.--Section 101(e)(3) of the Employee 
        Retirement Income Security Act of 1974 (29 U.S.C. 1021(e)(3)) is 
        amended by striking ``(as in effect on the date of the enactment 
        of the Surface Transportation and Veterans Health Care Choice 
        Improvement Act of 2015)'' and inserting ``(as in effect on the 
        date of enactment of the SECURE 2.0 Act of 2022)''.
            (2) Use of assets.--Section 403(c)(1) of the Employee 
        Retirement Income Security Act of 1974 (29 U.S.C. 1103(c)(1)) is 
        amended by striking ``(as in effect on the date of the enactment 
        of the Surface Transportation and Veterans Health Care Choice 
        Improvement Act of 2015)'' and inserting ``(as in effect on the 
        date of enactment of the SECURE 2.0 Act of 2022)''.
            (3) Exemption.--Section 408(b)(13) of the Employee 
        Retirement Income Security Act of 1974 (29 U.S.C. 1108(b)(13)) 
        is amended--
                    (A) by striking ``January 1, 2026'' and inserting 
                ``January 1, 2033''; and
                    (B) by striking ``(as in effect on the date of the 
                enactment of the Surface Transportation and Veterans 
                Health Care Choice Improvement Act of 2015)'' and 
                inserting ``(as in effect on the date of enactment of 
                the SECURE 2.0 Act of 2022)''.

[[Page 136 STAT. 5398]]

    (c) <<NOTE: 26 USC 420 note.>>  Effective Date.--The amendments made 
by this section shall apply to transfers made after the date of the 
enactment of this Act.

               TITLE VII--TAX COURT RETIREMENT PROVISIONS

SEC. 701. PROVISIONS RELATING TO JUDGES OF THE TAX COURT.

    (a) Thrift Savings Plan Contributions for Judges in the Federal 
Employees Retirement System.--
            (1) In general.--Subsection (j)(3)(B) of section 
        7447 <<NOTE: 26 USC 7447.>>  is amended to read as follows:
                    ``(B) Contributions for benefit of judge.--No 
                contributions under section 8432(c) of title 5, United 
                States Code, shall be made for the benefit of a judge 
                who has filed an election to receive retired pay under 
                subsection (e).''.
            (2) Offset.--Paragraph (3) of section 7447(j) is amended by 
        adding at the end the following new subparagraph:
                    ``(F) Offset.--In the case of a judge who receives a 
                distribution from the Thrift Savings Plan and who later 
                receives retired pay under subsection (d), the retired 
                pay shall be offset by an amount equal to the amount of 
                the distribution which represents the Government's 
                contribution to the individual's Thrift Savings Account 
                during years of service as a full-time judicial officer 
                under the Federal Employees Retirement System, without 
                regard to earnings attributable to such 
                amount. <<NOTE: Time period.>>  Where such an offset 
                would exceed 50 percent of the retired pay to be 
                received in the first year, the offset may be divided 
                equally over the first 2 years in which the individual 
                receives the annuity.''.
            (3) <<NOTE: 26 USC 7447 note.>>  Effective date.--The 
        amendments made by this subsection shall apply to basic pay 
        earned while serving as a judge of the United States Tax Court 
        on or after the date of the enactment of this Act.

    (b) Change in Vesting Period for Survivor Annuities and Waiver of 
Vesting Period in the Event of Assassination.--
            (1) Eligibility in case of death.--Subsection (h) of section 
        7448 is amended to read as follows:

    ``(h) Entitlement to Annuity.--
            ``(1) In general.--
                    ``(A) Annuity to surviving spouse.--If a judge or 
                special trial judge described in paragraph (2) is 
                survived by a surviving spouse but not by a dependent 
                child, there shall be paid to such surviving spouse an 
                annuity beginning with the day of the death of the judge 
                or special trial judge or following the surviving 
                spouse's attainment of age 50, whichever is the later, 
                in an amount computed as provided in subsection (m).
                    ``(B) Annuity to surviving spouse and child.--If a 
                judge or special trial judge described in paragraph (2) 
                is survived by a surviving spouse and dependent child or 
                children, there shall be paid to such surviving spouse 
                an annuity, beginning on the day of the death of the 
                judge or special trial judge, in an amount computed as 
                provided in subsection (m), and there shall also be paid

[[Page 136 STAT. 5399]]

                to or on behalf of each such child an immediate annuity 
                equal to the lesser of--
                          ``(i) 10 percent of the average annual salary 
                      of such judge or special trial judge (determined 
                      in accordance with subsection (m)), or
                          ``(ii) 20 percent of such average annual 
                      salary, divided by the number of such children.
                    ``(C) Annuity to surviving dependent children.--If a 
                judge or special trial judge described in paragraph (2) 
                leaves no surviving spouse but leaves a surviving 
                dependent child or children, there shall be paid to or 
                on behalf of each such child an immediate annuity equal 
                to the lesser of--
                          ``(i) 20 percent of the average annual salary 
                      of such judge or special trial judge (determined 
                      in accordance with subsection (m)), or
                          ``(ii) 40 percent of such average annual 
                      salary divided by the number of such children.
            ``(2) <<NOTE: Applicability. Time periods.>>  Covered 
        judges.--Paragraph (1) applies to any judge or special trial 
        judge electing under subsection (b)--
                    ``(A) who dies while a judge or special trial judge 
                after having rendered at least 18 months of civilian 
                service computed as prescribed in subsection (n), for 
                the last 18 months of which the salary deductions 
                provided for by subsection (c)(1) or the deposits 
                required by subsection (d) have actually been made or 
                the salary deductions required by the civil service 
                retirement laws have actually been made, or
                    ``(B) who dies by assassination after having 
                rendered less than 18 months of civilian service 
                computed as prescribed in subsection (n) if, for the 
                period of such service, the salary deductions provided 
                for by subsection (c)(1) or the deposits required by 
                subsection (d) have actually been made.
            ``(3) Termination of annuity.--
                    ``(A) Surviving spouse.--The annuity payable to a 
                surviving spouse under this subsection shall be 
                terminable upon such surviving spouse's death or such 
                surviving spouse's remarriage before attaining age 55.
                    ``(B) Surviving child.--Any annuity payable to a 
                child under this subsection shall be terminable upon the 
                earliest of--
                          ``(i) the child's attainment of age 18,
                          ``(ii) the child's marriage, or
                          ``(iii) the child's death,
                except that if such child is incapable of self-support 
                by reason of mental or physical disability the child's 
                annuity shall be terminable only upon death, marriage, 
                or recovery from such disability.
                    ``(C) Dependent child after death of surviving 
                spouse.--In case of the death of a surviving spouse of a 
                judge or special trial judge leaving a dependent child 
                or children of the judge or special trial judge 
                surviving such spouse, the annuity of such child or 
                children shall be recomputed and paid as provided in 
                paragraph (1)(C).
                    ``(D) Recomputation with respect to other dependent 
                children.--In any case in which the annuity of a 
                dependent child is terminated under this subsection,

[[Page 136 STAT. 5400]]

                the annuities of any remaining dependent child or 
                children based upon the service of the same judge or 
                special trial judge shall be recomputed and paid as 
                though the child whose annuity was so terminated had not 
                survived such judge.
                    ``(E) <<NOTE: Time period.>>  Special rule for 
                assassinated judges.--In the case of a survivor of a 
                judge or special trial judge described in paragraph 
                (2)(B), there shall be deducted from the annuities 
                otherwise payable under this section an amount equal to 
                the amount of salary deductions that would have been 
                made if such deductions had been made for 18 months 
                prior to the death of the judge or special trial 
                judge.''.
            (2) Definition of assassination.--Section 7448(a) <<NOTE: 26 
        USC 7448.>>  is amended by adding at the end the following new 
        paragraph:
            ``(10) The terms `assassinated' and `assassination' mean the 
        killing of a judge or special trial judge that is motivated by 
        the performance by the judge or special trial judge of his or 
        her official duties.''.
            (3) Determination of assassination.--Subsection (i) of 
        section 7448 is amended--
                    (A) by striking ``of Dependency and Disability.--
                Questions'' and inserting ``by Chief Judge.--
            ``(1) Dependency and disability.--Questions'', and
                    (B) by adding at the end the following new 
                paragraph:
            ``(2) <<NOTE: Determination.>>  Assassination.--The chief 
        judge shall determine whether the killing of a judge or special 
        trial judge was an assassination, subject to review only by the 
        Tax Court. The head of any Federal agency that investigates the 
        killing of a judge or special trial judge shall provide to the 
        chief judge any information that would assist the chief judge in 
        making such a determination.''.
            (4) Computation of annuities.--Section 7448(m) is amended to 
        read as follows:

    ``(m) <<NOTE: Time periods.>>  Computation of Annuities.--The 
annuity of the surviving spouse of a judge or special trial judge 
electing under subsection (b) shall be an amount equal to the sum of--
            ``(1) the product of--
                    ``(A) 1.5 percent of the average annual salary 
                (whether judge's or special trial judge's salary or 
                compensation for other allowable service) received by 
                such judge or special trial judge--
                          ``(i) for judicial service (including periods 
                      in which he received retired pay under section 
                      7447(d), section 7447A(d), or any annuity under 
                      chapter 83 or 84 of title 5, United States Code) 
                      or for any other prior allowable service during 
                      the period of 3 consecutive years in which such 
                      judge or special trial judge received the largest 
                      such average annual salary, or
                          ``(ii) in the case of a judge or special trial 
                      judge who has served less than 3 years, during the 
                      total period of such service prior to such judge's 
                      or special trial judge's death, multiplied by the 
                      sum of, multiplied by
                    ``(B) the sum of--
                          ``(i) the judge's or special trial judge's 
                      years of such judicial service,

[[Page 136 STAT. 5401]]

                          ``(ii) the judge's or special trial judge's 
                      years of prior allowable service as a Senator, 
                      Representative, Delegate, or Resident Commissioner 
                      in Congress,
                          ``(iii) the judge's or special trial judge's 
                      years of prior allowable service performed as a 
                      member of the Armed Forces of the United States, 
                      and
                          ``(iv) the judge's or special trial judge's 
                      years, not exceeding 15, of prior allowable 
                      service performed as a congressional employee (as 
                      defined in section 2107 of title 5 of the United 
                      States Code), plus
            ``(2) three-fourths of 1 percent of such average annual 
        salary multiplied by the judge's years of any other prior 
        allowable service,

except that such annuity shall not exceed an amount equal to 50 percent 
of such average annual salary, nor be less than an amount equal to 25 
percent of such average annual salary, and shall be further reduced in 
accordance with subsection (d) (if applicable). In determining the 
period of 3 consecutive years referred to in the preceding sentence, 
there may not be taken into account any period for which an election 
under section 7447(f)(4) is in effect.''.
            (5) <<NOTE: 26 USC 7448.>>  Other benefits.--Section 7448 is 
        amended by adding at the end the following new subsection:

    ``(u) Other Benefits in Case of Assassination.--In the case of a 
judge or special trial judge who is assassinated, an annuity shall be 
paid under this section notwithstanding a survivor's eligibility for or 
receipt of benefits under chapter 81 of title 5, United States Code, 
except that the annuity for which a surviving spouse is eligible under 
this section shall be reduced to the extent that the total benefits paid 
under this section and chapter 81 of that title for any year would 
exceed the current salary for that year of the office of the judge or 
special trial judge.''.
    (c) Coordination of Retirement and Survivor Annuity With the Federal 
Employees Retirement System.--
            (1) Retirement.--Section 7447 is amended--
                    (A) by striking ``section 8331(8)'' in subsection 
                (g)(2)(C) and inserting ``sections 8331(8) and 
                8401(19)'', and
                    (B) by striking ``Civil Service Commission'' both 
                places it appears in subsection (i)(2) and inserting 
                ``Office of Personnel Management''.
            (2) Annuities to surviving spouses and dependent children.--
        Section 7448 is amended--
                    (A) by striking ``section 8332'' in subsection (d) 
                and inserting ``sections 8332 and 8411'', and
                    (B) by striking ``section 8332'' in subsection (n) 
                and inserting ``sections 8332 and 8411''.

    (d) Limit on Teaching Compensation of Retired Judges.--
            (1) In general.--Section 7447 is amended by adding at the 
        end the following new subsection:

    ``(k) <<NOTE: Certification.>>  Teaching Compensation of Retired 
Judges.--For purposes of the limitation under section 501(a) of the 
Ethics in Government Act of 1978 (5 U.S.C. App.), any compensation for 
teaching approved under section 502(a)(5) of such Act shall not be 
treated as outside earned income when received by a judge of the United 
States Tax Court who has retired under subsection (b) for teaching 
performed during any calendar year for which such a judge has

[[Page 136 STAT. 5402]]

met the requirements of subsection (c), as certified by the chief judge, 
or has retired under subsection (b)(4).''.
            (2) <<NOTE: 26 USC 7447 note.>>  Effective date.--The 
        amendment made by this subsection shall apply to any individual 
        serving as a retired judge of the United States Tax Court on or 
        after the date of the enactment of this Act.

    (e) <<NOTE: 26 USC 7447 note.>>  Effective Date.--Except as 
otherwise provided, the amendments made by this section shall take 
effect on the date of the enactment of this Act.
SEC. 702. PROVISIONS RELATING TO SPECIAL TRIAL JUDGES OF THE TAX 
                        COURT.

    (a) Retirement and Recall for Special Trial Judges.--Part I of 
subchapter C of chapter 76 is amended by inserting after section 7447 
the following new section:
``SEC. 7447A. <<NOTE: 26 USC 7447A.>>  RETIREMENT FOR SPECIAL 
                            TRIAL JUDGES.

    ``(a) In General.--
            ``(1) Retirement.--Any special trial judge appointed 
        pursuant to section 7443A may retire from service as a special 
        trial judge if the individual meets the age and service 
        requirements set forth in the following table:


------------------------------------------------------------------------
                                           And the years of service as a
``If the special trial judge has attained    special trial judge are at
                   age:                                least:
------------------------------------------------------------------------
                                       65  15
                                       66  14
                                       67  13
                                       68  12
                                       69  11
                                       70  10.
------------------------------------------------------------------------


            ``(2) Length of service.--In making any determination of 
        length of service as a special trial judge there shall be 
        included all periods (whether or not consecutive) during which 
        an individual served as a special trial judge

    ``(b) Retirement Upon Disability.--Any special trial judge appointed 
pursuant to section 7443A who becomes permanently disabled from 
performing such individual's duties shall retire from service as a 
special trial judge.
    ``(c) Recalling of Retired Special Trial Judges.--Any individual who 
has retired pursuant to subsection (a) may be called upon by the chief 
judge to perform such judicial duties with the Tax Court as may be 
requested of such individual for a period or periods specified by the 
chief judge, except that in the case of any such individual--
            ``(1) <<NOTE: Time periods.>>  the aggregate of such periods 
        in any 1 calendar year shall not (without the consent of such 
        individual) exceed 90 calendar days, and
            ``(2) such individual shall be relieved of performing such 
        duties during any period in which illness or disability 
        precludes the performance of such duties.

Any act, or failure to act, by an individual performing judicial duties 
pursuant to this subsection shall have the same force and effect as if 
it were the act (or failure to act) of a special trial judge. Any 
individual who is performing judicial duties pursuant to this subsection 
shall be paid the same compensation (in lieu

[[Page 136 STAT. 5403]]

of retired pay) and allowances for travel and other expenses as a 
special trial judge.
    ``(d) Retired Pay.--
            ``(1) In general.--Any individual who retires pursuant to 
        subsection (a) and elects under subsection (e) to receive 
        retired pay under this subsection shall receive retired pay 
        during any period of retirement from service as a special trial 
        judge at a rate which bears the same ratio to the rate of the 
        salary payable to a special trial judge during such period as--
                    ``(A) the number of years such individual has served 
                as special trial judge bears to,
                    ``(B) 15,
        except that the rate of such retired pay shall not be more than 
        the rate of such salary for such period.
            ``(2) <<NOTE: Time periods.>>  Retirement upon disability.--
        Any individual who retires pursuant to subsection (b) and elects 
        under subsection (e) to receive retired pay under this 
        subsection shall receive retired pay during any period of 
        retirement from service as a special trial judge--
                    ``(A) at a rate equal to the rate of the salary 
                payable to a special trial judge during such period, if 
                the individual had at least 10 years of service as a 
                special trial judge before retirement, and
                    ``(B) at a rate equal to \1/2\ the rate described in 
                subparagraph (A), if the individual had fewer than 10 
                years of service as a special trial judge before 
                retirement.
            ``(3) Beginning date and payment.--Retired pay under this 
        subsection shall begin to accrue on the day following the date 
        on which the individual's salary as a special trial judge ceases 
        to accrue, and shall continue to accrue during the remainder of 
        such individual's life. Retired pay under this subsection shall 
        be paid in the same manner as the salary of a special trial 
        judge.
            ``(4) <<NOTE: Applicability.>>  Partial years.--In computing 
        the rate of the retired pay for an individual to whom paragraph 
        (1) applies, any portion of the aggregate number of years such 
        individual has served as a special trial judge which is a 
        fractional part of 1 year shall be eliminated if it is less than 
        6 months, or shall be counted as a full year if it is 6 months 
        or more.
            ``(5) <<NOTE: Applicability.>>  Recalled service.--In 
        computing the rate of the retired pay for an individual to whom 
        paragraph (1) applies, any period during which such individual 
        performs services under subsection (c) on a substantially full-
        time basis shall be treated as a period during which such 
        individual has served as a special trial judge.

    ``(e) Election to Receive Retired Pay.--Any special trial judge may 
elect to receive retired pay under subsection (d). Such an election--
            ``(1) <<NOTE: Deadline.>>  may be made only while an 
        individual is a special trial judge (except that in the case of 
        an individual who fails to be reappointed as a special trial 
        judge, such election may be made within 60 days after such 
        individual leaves office as a special trial judge),
            ``(2) once made, shall be irrevocable, and
            ``(3) <<NOTE: Notification.>>  shall be made by filing 
        notice thereof in writing with the chief judge.

[[Page 136 STAT. 5404]]

The <<NOTE: Records.>>  chief judge shall transmit to the Office of 
Personnel Management a copy of each notice filed with the chief judge 
under this subsection.

    ``(f) Other Rules Made Applicable.--The rules of subsections (f), 
(g), (h)(2), (i), and (j), and the first sentence of subsection (h)(1), 
of section 7447 shall apply to a special trial judge in the same manner 
as a judge of the Tax Court. For purposes of the preceding sentence, any 
reference to the President in such subsections shall be applied as if it 
were a reference to the chief judge.''.
    (b) Conforming Amendments.--
            (1) Section 3121(b)(5)(E) <<NOTE: 26 USC 3121.>>  is amended 
        by inserting ``or special trial judge'' before ``of the United 
        States Tax Court''.
            (2) Section 7448(b)(2) is amended to read as follows:
            ``(2) Special trial judges.--Any special trial judge may by 
        written election filed with the chief judge elect the 
        application of this section. Such election shall be filed while 
        such individual is a special trial judge.''.
            (3) Section 210(a)(5)(E) of the Social Security Act (42 
        U.S.C. 410(a)(5)(E)) is amended by inserting ``or special trial 
        judge'' before ``of the United States Tax Court''.

    (c) Clerical Amendment.--The table of sections for part I of 
subchapter C of chapter 76 <<NOTE: 26 USC prec. 7441.>>  is amended by 
inserting after the item relating to section 7447 the following new 
item:

``Sec. 7447A. Retirement for special trial judges.''.

    (d) <<NOTE: 26 USC 7447A note.>>  Effective Date.--The amendments 
made by this section shall take effect on the date of the enactment of 
this Act, except that section 7447A(e) of the Internal Revenue Code of 
1986 (as added by this section) shall take effect on the date that is 
180 days after such date of enactment. <<NOTE: Deadline.>> Special trial 
judges retiring on or after the date of the enactment of this Act, and 
before the date that is 180 days after the date of such enactment, may 
file an election under such section not later than 60 days after such 
date.

DIVISION <<NOTE: Joseph Maxwell Cleland and Robert Joseph Dole Memorial 
 Veterans Benefits and Health Care Improvement Act of 2022.>> U--JOSEPH 
 MAXWELL CLELAND AND ROBERT JOSEPH DOLE MEMORIAL VETERANS BENEFITS AND 
HEALTH CARE IMPROVEMENT ACT OF 2022
SEC. 1. <<NOTE: 38 USC 101 note.>>  SHORT TITLE; TABLE OF 
                    CONTENTS.

    (a) Short Title.--This division may be cited as the ``Joseph Maxwell 
Cleland and Robert Joseph Dole Memorial Veterans Benefits and Health 
Care Improvement Act of 2022''.
    (b) Table of Contents.--The table of contents for this division is 
as follows:

   DIVISION U--JOSEPH MAXWELL CLELAND AND ROBERT JOSEPH DOLE MEMORIAL 
        VETERANS BENEFITS AND HEALTH CARE IMPROVEMENT ACT OF 2022

Sec. 1. Short title; table of contents.

[[Page 136 STAT. 5405]]

                      TITLE I--HEALTH CARE MATTERS

                       Subtitle A--Access to Care

Sec. 101. Expansion of eligibility for hospital care, medical services, 
           and nursing home care from the Department of Veterans Affairs 
           to include veterans of World War II.
Sec. 102. Department of Veterans Affairs treatment and research of 
           prostate cancer.

                    Subtitle B--Health Care Employees

Sec. 111. Third party review of appointees in Veterans Health 
           Administration who had a license terminated for cause and 
           notice to individuals treated by those appointees if 
           determined that an episode of care or services that they 
           received was below the standard of care.
Sec. 112. Compliance with requirements for examining qualifications and 
           clinical abilities of health care professionals of Department 
           of Veterans Affairs.

   Subtitle C--Care From Non-Department of Veterans Affairs Providers

                     Chapter 1--Wait Times for Care

Sec. 121. Calculation of wait time for purposes of eligibility under 
           Veterans Community Care Program.
Sec. 122. Plan regarding informing veterans of expected wait times for 
           appointments for care.

               Chapter 2--Improvement of Provision of Care

Sec. 125. Modifications to access standards for care furnished through 
           Community Care Program of Department of Veterans Affairs.
Sec. 126. Strategic plan to ensure continuity of care in the case of the 
           realignment of a medical facility of the Department.

         Chapter 3--Community Care Self-scheduling Pilot Program

Sec. 131. Definitions.
Sec. 132. Pilot program establishing community care appointment self-
           scheduling technology.
Sec. 133. Appointment self-scheduling capabilities.
Sec. 134. Report.

            Chapter 4--Administration of Non-Department Care

Sec. 141. Credentialing verification requirements for providers of non-
           Department of Veterans Affairs health care services.
Sec. 142. Claims for payment from Department of Veterans Affairs for 
           emergency treatment furnished to veterans.
Sec. 143. Publication of clarifying information for non-Department of 
           Veterans Affairs providers.
Sec. 144. Inapplicability of certain providers to provide non-Department 
           of Veterans Affairs care.

         Subtitle D--Improvement of Rural Health and Telehealth

Sec. 151. Establishment of strategic plan requirement for Office of 
           Connected Care of Department of Veterans Affairs.
Sec. 152. Comptroller General report on transportation services by third 
           parties for rural veterans.
Sec. 153. Comptroller General report on telehealth services of the 
           Department of Veterans Affairs.

                   Subtitle E--Care for Aging Veterans

Sec. 161. Strategy for long-term care for aging veterans.
Sec. 162. Improvement of State veterans homes.
Sec. 163. Geriatric psychiatry pilot program at State veterans homes.
Sec. 164. Support for aging veterans at risk of or experiencing 
           homelessness.
Sec. 165. Secretary of Veterans Affairs contract authority for payment 
           of care for veterans in non-Department of Veterans Affairs 
           medical foster homes.

                   Subtitle F--Foreign Medical Program

Sec. 171. Analysis of feasibility and advisability of expanding 
           assistance and support to caregivers to include caregivers of 
           veterans in the Republic of the Philippines.
Sec. 172. Comptroller General report on Foreign Medical Program of 
           Department of Veterans Affairs.

[[Page 136 STAT. 5406]]

                      Subtitle G--Research Matters

Sec. 181. Inapplicability of Paperwork Reduction Act.
Sec. 182. Research and Development.
Sec. 183. Expansion of hiring authorities for certain classes of 
           research occupations.
Sec. 184. Comptroller General study on dedicated research time for 
           certain personnel of the Department of Veterans Affairs.

                     Subtitle H--Mental Health Care

Sec. 191. Analysis of feasibility and advisability of Department of 
           Veterans Affairs providing evidence-based treatments for the 
           diagnosis of treatment-resistant depression.
Sec. 192. Modification of resource allocation system to include peer 
           specialists.
Sec. 193. Gap analysis of psychotherapeutic interventions of the 
           Department of Veterans Affairs.
Sec. 193A. Prohibition on collection of copayments for first three 
           mental health care outpatient visits of veterans.

                        Subtitle I--Other Matters

Sec. 194. Requirement for ongoing independent assessments of health care 
           delivery systems and management processes of the Department 
           of Veterans Affairs.
Sec. 195. Improved transparency of, access to, and usability of data 
           provided by Department of Veterans Affairs.

                       TITLE II--BENEFITS MATTERS

                     Subtitle A--Benefits Generally

Sec. 201. Improvements to process of the Department of Veterans Affairs 
           for clothing allowance claims.
Sec. 202. Medical opinions for certain veterans with service-connected 
           disabilities who die of COVID-19.
Sec. 203. Enhanced loan underwriting methods.
Sec. 204. Department of Veterans Affairs loan fees.

                          Subtitle B--Education

Sec. 211. Native VetSuccess at Tribal Colleges and Universities Pilot 
           Program.
Sec. 212. Education for separating members of the Armed Forces regarding 
           registered apprenticeships.
Sec. 213. Websites regarding apprenticeship programs.
Sec. 214. Transfer of entitlement to Post-9/11 Educational Assistance 
           Program of Department of Veterans Affairs.
Sec. 215. Use of entitlement under Department of Veterans Affairs 
           Survivors' and Dependents' Educational Assistance Program for 
           secondary school education.
Sec. 216. Establishment of protections for a member of the Armed Forces 
           who leaves a course of education, paid for with certain 
           educational assistance, to perform certain service.

      Subtitle C--GI Bill National Emergency Extended Deadline Act

Sec. 231. Short title.
Sec. 232. Extension of time limitation for use of entitlement under 
           Department of Veterans Affairs educational assistance 
           programs by reason of school closures due to emergency and 
           other situations.
Sec. 233. Extension of period of eligibility by reason of school 
           closures due to emergency and other situations under 
           Department of Veterans Affairs training and rehabilitation 
           program for veterans with service-connected disabilities.
Sec. 234. Period for eligibility under Survivors' And Dependents' 
           Educational Assistance Program of Department of Veterans 
           Affairs.

              Subtitle D--Rural Veterans Travel Enhancement

Sec. 241. Comptroller General of the United States report on fraud, 
           waste, and abuse of the Department of Veterans Affairs 
           beneficiary travel program.
Sec. 242. Comptroller General study and report on effectiveness of 
           Department of Veterans Affairs beneficiary travel program 
           mileage reimbursement and deductible amounts.
Sec. 243. Department of Veterans Affairs transportation pilot program 
           for low income veterans.
Sec. 244. Pilot program for travel cost reimbursement for accessing 
           readjustment counseling services.

[[Page 136 STAT. 5407]]

       Subtitle E--VA Beneficiary Debt Collection Improvement Act

Sec. 251. Short title.
Sec. 252. Prohibition of debt arising from overpayment due to delay in 
           processing by the Department of Veterans Affairs.
Sec. 253. Prohibition on Department of Veterans Affairs interest and 
           administrative cost charges for debts relating to certain 
           benefits programs.
Sec. 254. Extension of window to request relief from recovery of debt 
           arising under laws administered by the Secretary of Veterans 
           Affairs.
Sec. 255. Reforms relating to recovery by Department of Veterans Affairs 
           of amounts owed by individuals to the United States.

                     TITLE III--HOMELESSNESS MATTERS

Sec. 301. Adjustments of grants awarded by the Secretary of Veterans 
           Affairs for comprehensive service programs to serve homeless 
           veterans.
Sec. 302. Modifications to program to improve retention of housing by 
           formerly homeless veterans and veterans at risk of becoming 
           homeless.
Sec. 303. Modifications to homeless veterans reintegration programs.
Sec. 304. Expansion and extension of Department of Veterans Affairs 
           housing assistance for homeless veterans.
Sec. 305. Training and technical assistance provided by Secretary of 
           Veterans Affairs to certain entities.
Sec. 306. Modification of eligibility requirements for entities 
           collaborating with the Secretary of Veterans Affairs to 
           provide case management services to homeless veterans in the 
           Department of Housing and Urban Development-Department of 
           Veterans Affairs supported housing program.
Sec. 307. Department of Veterans Affairs sharing of information relating 
           to coordinated entry processes for housing and services 
           operated under Department of Housing and Urban Development 
           Continuum of Care Program.
Sec. 308. Department of Veterans Affairs communication with employees 
           responsible for homelessness assistance programs.
Sec. 309. System for sharing and reporting data.
Sec. 310. Pilot program on grants for health care for homeless veterans.
Sec. 311. Pilot program on award of grants for substance use disorder 
           recovery for homeless veterans.
Sec. 312. Report by Comptroller General of the United States on 
           affordable housing for veterans.
Sec. 313. Study on financial and credit counseling.

                         TITLE IV--OTHER MATTERS

Sec. 401. Department of Veterans Affairs supply chain resiliency.
Sec. 402. Improvements to equal employment opportunity functions of 
           Department of Veterans Affairs.
Sec. 403. Department of Veterans Affairs Information Technology Reform 
           Act of 2022.
Sec. 404. Report on information technology dashboard information.
Sec. 405. Improvements to transparency of law enforcement operations of 
           Department of Veterans Affairs.
Sec. 406. Plan for reduction of backlog of Freedom of Information Act 
           requests.
Sec. 407. Medal of Honor special pension technical correction.
Sec. 408. Imposition of cap on employees of the Department of Veterans 
           Affairs who provide equal employment opportunity counseling.

                      TITLE I--HEALTH CARE MATTERS

                       Subtitle A--Access to Care

SEC. 101. EXPANSION OF ELIGIBILITY FOR HOSPITAL CARE, MEDICAL 
                        SERVICES, AND NURSING HOME CARE FROM THE 
                        DEPARTMENT OF VETERANS AFFAIRS TO INCLUDE 
                        VETERANS OF WORLD WAR II.

    (a) In General.--Section 1710(a)(2)(E) of title 38, United States 
Code, is amended by striking ``of the Mexican border period or of World 
War I;'' and inserting ``of--
                    ``(i) the Mexican border period;
                    ``(ii) World War I; or

[[Page 136 STAT. 5408]]

                    ``(iii) World War II;''.

    (b) <<NOTE: 38 USC 1710 note.>>  Effective Date.--The amendment made 
by subsection (a) shall take effect on March 31, 2023.
SEC. 102. <<NOTE: 38 USC 1701 note.>>  DEPARTMENT OF VETERANS 
                        AFFAIRS TREATMENT AND RESEARCH OF PROSTATE 
                        CANCER.

    (a) Findings.--Congress makes the following findings:
            (1) Prostate cancer is the number one cancer diagnosed in 
        the Veterans Health Administration.
            (2) A 1996 report published by the National Academy of 
        Sciences, Engineering, and Medicine established a link between 
        prostate cancer and exposure to herbicides, such as Agent 
        Orange.
            (3) It is essential to acknowledge that due to these 
        circumstances, certain veterans are made aware that they are 
        high-risk individuals when it comes to the potential to develop 
        prostate cancer.
            (4) In being designated as ``high risk'', it is essential 
        that veterans are proactive in seeking earlier preventative 
        clinical services for the early detection and successful 
        treatment of prostate cancer, whether that be through the 
        Veterans Health Administration or through a community provider.
            (5) Clinical preventative services and initial detection are 
        some of the most important components in the early detection of 
        prostate cancer for veterans at high risk of prostate cancer.
            (6) For veterans with prostate cancer, including prostate 
        cancer that has metastasized, precision oncology, including 
        biomarker-driven clinical trials and innovations underway 
        through the Prostate Cancer Foundation and Department of 
        Veterans Affairs partnership, represents one of the most 
        promising areas of interventions, treatments, and cures for such 
        veterans and their families.

    (b) Establishment of Clinical Pathway.--
            (1) <<NOTE: Deadline.>>  In general.--Not later than 365 
        days after the date of the enactment of this Act, the Secretary 
        of Veterans Affairs shall establish an interdisciplinary 
        clinical pathway for all stages of prostate cancer, from early 
        detection to end of life care. The clinical pathway shall be 
        established in the National Surgery Office of the Department of 
        Veterans Affairs in close collaboration with the National 
        Program Office of Oncology, the Office of Research and 
        Development, and other relevant entities of the Department, 
        including Primary Care.
            (2) Elements.--The national clinical pathway established 
        under this subsection shall include the following elements:
                    (A) A diagnosis pathway for prostate cancer that 
                includes early screening and diagnosis protocol, 
                including screening recommendations for veterans with 
                evidence-based risk factors.
                    (B) A treatment pathway that details the respective 
                roles of each office of the Department that will 
                interact with veterans receiving prostate cancer care, 
                including treatment protocol recommendations for 
                veterans with evidence-based risk factors.
                    (C) <<NOTE: Recommenda- tions.>>  Treatment 
                recommendations for all stages of prostate cancer that 
                reflect nationally recognized standards for oncology, 
                including National Comprehensive Cancer Network 
                guidelines. xt>

[[Page 136 STAT. 5409]]

                    (D) A suggested protocol timeframe for each point of 
                care, from early screening to treatment and end-of-life 
                care, based on severity and stage of cancer.
                    (E) <<NOTE: Plan.>>  A plan that includes, as 
                appropriate, both Department medical facilities and 
                community-based partners and providers and research 
                centers specializing in prostate cancer, especially such 
                centers that have entered into partnerships with the 
                Department.
            (3) Collaboration and coordination.--In establishing the 
        clinical pathway required under this section, the Secretary may 
        collaborate and coordinate with--
                    (A) the National Institutes of Health;
                    (B) the National Cancer Institute;
                    (C) the National Institute on Minority Health and 
                Health Disparities;
                    (D) the Centers for Disease Control and Prevention;
                    (E) the Centers for Medicare and Medicaid Services;
                    (F) the Patient-Centered Outcomes Research 
                Institute;
                    (G) the Food and Drug Administration;
                    (H) the Department of Defense; and
                    (I) other Institutes and Centers as the Secretary 
                determines necessary.
            (4) Consultation requirement.--In establishing the clinical 
        pathway required under this section, the Secretary shall consult 
        with, and incorporate feedback from, veterans who have received 
        prostate cancer care at Department medical facilities as well as 
        experts in multi-disciplinary cancer care and clinical research.
            (5) <<NOTE: Public information. Web posting.>>  
        Publication.--The Secretary shall--
                    (A) publish the clinical pathway established under 
                this subsection on a publicly available Department 
                website; and
                    (B) <<NOTE: Update. Deadline.>>  update the clinical 
                pathway as needed by review of the medical literature 
                and available evidence-based guidelines at least 
                annually, in accordance with the criteria under 
                paragraph (2).

    (c) Development of Comprehensive Prostate Cancer Program and 
Implementation of the Prostate Cancer Clinical Pathway.--
            (1) <<NOTE: Deadline. Plan.>>  Establishment.--Not later 
        than 180 days after the date of the enactment of this Act, the 
        Secretary shall submit to Congress a plan to establish a 
        prostate cancer program using the comprehensive prostate cancer 
        clinical pathway developed under subsection (b).
            (2) Program requirements.--The comprehensive prostate cancer 
        program shall--
                    (A) receive direct oversight from the Deputy 
                Undersecretary for Health of the Department of Veterans 
                Affairs;
                    (B) include a yearly program implementation 
                evaluation to facilitate replication for other disease 
                states or in other healthcare institutions;
                    (C) be metric driven and include the development of 
                biannual reports on the quality of prostate cancer care, 
                which shall be provided to the leadership of the 
                Department, medical centers, and providers and made 
                publicly available in an electronic form; and
                    (D) <<NOTE: Plan.>>  include an education plan for 
                patients and providers.

[[Page 136 STAT. 5410]]

            (3) Program implementation evaluation.--The Secretary shall 
        establish a program evaluation tool to learn best practices and 
        to inform the Department and Congress regarding further use of 
        the disease specific model of care delivery.
            (4) <<NOTE: Plan.>>  Prostate cancer research.--The 
        Secretary shall submit to Congress a plan that provides for 
        continual funding through the Office of Research and Development 
        of the Department of Veterans for supporting prostate cancer 
        research designed to position the Department as a national 
        resource for prostate cancer detection and treatment. Such plan 
        shall--
                    (A) include details regarding the funding of and 
                coordination between the National Precision Oncology 
                Program of the Department and the PCF-VA Precision 
                Oncology Centers of Excellence as related to the 
                requirements of this Act; and
                    (B) affirm that no funding included in such funding 
                plan is duplicative in nature.

    (d) Report on National Registry.--The Secretary of Veterans Affairs 
shall submit to Congress a report on the barriers and challenges 
associated with creating a national prostate cancer 
registry. <<NOTE: Recommenda- tions.>>  Such report shall include 
recommendations for centralizing data about veterans with prostate 
cancer for the purpose of improving outcomes and serving as a resource 
for providers.

    (e) Definitions.--In this section:
            (1) Clinical pathway.--The term ``clinical pathway'' means a 
        health care management tool designed around research and 
        evidence-backed practices that provides direction for the 
        clinical care and treatment of a specific episode of a condition 
        or ailment.
            (2) Evidence-based risk factors.--The term ``evidence-based 
        risk factors'' includes race, ethnicity, socioeconomic status, 
        geographic location, exposure risks, genetic risks, including 
        family history, and such other factors as the Secretary 
        determines appropriate.

                    Subtitle B--Health Care Employees

SEC. 111. <<NOTE: 38 USC 7401 note.>>  THIRD PARTY REVIEW OF 
                        APPOINTEES IN VETERANS HEALTH 
                        ADMINISTRATION WHO HAD A LICENSE 
                        TERMINATED FOR CAUSE AND NOTICE TO 
                        INDIVIDUALS TREATED BY THOSE APPOINTEES IF 
                        DETERMINED THAT AN EPISODE OF CARE OR 
                        SERVICES THAT THEY RECEIVED WAS BELOW THE 
                        STANDARD OF CARE.

    (a) Third Party Review.--
            (1) <<NOTE: Deadline. Contracts.>>  In general.--Not later 
        than 180 days after the date of the enactment of this Act, the 
        Secretary of Veterans Affairs shall enter into a contract or 
        other agreement with an organization that is not part of the 
        Federal Government to conduct a clinical review for quality 
        management of hospital care or medical services furnished by 
        covered providers.
            (2) Qualifications.--The Secretary shall ensure that each 
        review of a covered provider under this subsection is performed 
        by an individual who is licensed in the same specialty as the 
        covered provider.

    (b) Notice to Patients Treated by Covered Providers.--With respect 
to hospital care or medical services furnished by

[[Page 136 STAT. 5411]]

a covered provider under the laws administered by the Secretary, if a 
clinical review for quality management under subsection (a) determines 
that the standard of care was not met during an episode of care, the 
Secretary shall notify the individual who received such care or services 
from the covered provider as described in applicable policy of the 
Veterans Heath Administration.
    (c) Definitions.--In this section:
            (1) Covered provider.--The term ``covered provider'' means 
        an individual who--
                    (A) was appointed to the Veterans Health 
                Administration under section 7401 of title 38, United 
                States Code; and
                    (B) before such appointment, had a license 
                terminated for cause by a State licensing board for 
                hospital care or medical services provided in a facility 
                that is not a facility of the Veterans Health 
                Administration.
            (2) Hospital care or medical services.--The terms ``hospital 
        care'' and ``medical services'' have the meanings given those 
        terms in section 1701 of title 38, United States Code.
SEC. 112. COMPLIANCE WITH REQUIREMENTS FOR EXAMINING 
                        QUALIFICATIONS AND CLINICAL ABILITIES OF 
                        HEALTH CARE PROFESSIONALS OF DEPARTMENT OF 
                        VETERANS AFFAIRS.

    (a) In General.--Subchapter I of chapter 74 of title 38, United 
States Code, is amended by adding at the end the following new section:
``Sec. 7414. <<NOTE: 38 USC 7414.>>  Compliance with requirements 
                  for examining qualifications and clinical 
                  abilities of health care professionals

    ``(a) Compliance With Credentialing Requirements.--The Secretary 
shall ensure that each medical center of the Department, in a consistent 
manner--
            ``(1) compiles, verifies, and reviews documentation for each 
        health care professional of the Department at such medical 
        center regarding, at a minimum--
                    ``(A) the professional licensure, certification, or 
                registration of the health care professional;
                    ``(B) whether the health care professional holds a 
                Drug Enforcement Administration registration; and
                    ``(C) the education, training, experience, 
                malpractice history, and clinical competence of the 
                health care professional; and
            ``(2) continuously monitors any changes to the matters under 
        paragraph (1), including with respect to suspensions, 
        restrictions, limitations, probations, denials, revocations, and 
        other changes, relating to the failure of a health care 
        professional to meet generally accepted standards of clinical 
        practice in a manner that presents reasonable concern for the 
        safety of patients.

    ``(b) Registration Regarding Controlled Substances.--(1) Except as 
provided in paragraph (2), the Secretary shall ensure that each covered 
health care professional holds an active Drug Enforcement Administration 
registration.
    ``(2) The Secretary shall--
            ``(A) <<NOTE: Determination. Waiver.>>  determine the 
        circumstances in which a medical center of the Department must 
        obtain a waiver under section 302(d)

[[Page 136 STAT. 5412]]

        of the Controlled Substances Act (21 U.S.C. 822(d)) with respect 
        to covered health care professionals; and
            ``(B) establish a process for medical centers to request 
        such waivers.

    ``(3) In carrying out paragraph (1), the Secretary shall ensure that 
each medical center of the Department monitors the Drug Enforcement 
Administration registrations of covered health care professionals at 
such medical center in a manner that ensures the medical center is made 
aware of any change in status in the registration by not later than 
seven days after such change in status.
    ``(4) If a covered health care professional does not hold an active 
Drug Enforcement Administration registration, the Secretary shall carry 
out any of the following actions, as the Secretary determines 
appropriate:
            ``(A) Obtain a waiver pursuant to paragraph (2).
            ``(B) Transfer the health care professional to a position 
        that does not require prescribing, dispensing, administering, or 
        conducting research with controlled substances.
            ``(C) Take appropriate actions under subchapter V of this 
        chapter, with respect to an employee of the Department, or take 
        appropriate contract administration actions, with respect to a 
        contractor of the Department.

    ``(c) Reviews of Concerns Relating to Quality of Clinical Care.--(1) 
The Secretary shall ensure that each medical center of the Department, 
in a consistent manner, carries out--
            ``(A) ongoing, retrospective, and comprehensive monitoring 
        of the performance and quality of the health care delivered by 
        each health care professional of the Department located at the 
        medical center, including with respect to the safety of such 
        care; and
            ``(B) timely and documented reviews of such care if an 
        individual notifies the Secretary of any potential concerns 
        relating to a failure of a health care professional of the 
        Department to meet generally accepted standards of clinical 
        practice in a manner that presents reasonable concern for the 
        safety of patients.

    ``(2) The Secretary shall establish a policy to carry out paragraph 
(1), including with respect to--
            ``(A) <<NOTE: Determination.>>  determining the period by 
        which a medical center of the Department must initiate the 
        review of a concern described in subparagraph (B) of such 
        paragraph following the date on which the concern is received; 
        and
            ``(B) <<NOTE: Compliance.>>  ensuring the compliance of each 
        medical center with such policy.

    ``(d) Compliance With Requirements for Reporting Quality of Care 
Concerns. <<NOTE: Notification.>> --If the Secretary substantiates a 
concern relating to the clinical competency of, or quality of care 
delivered by, a health care professional of the Department (including a 
former health care professional of the Department), the Secretary shall 
ensure that the appropriate medical center of the Department timely 
notifies the following entities of such concern, as appropriate:
            ``(1) The appropriate licensing, registration, or 
        certification body in each State in which the health care 
        professional is licensed, registered, or certified.
            ``(2) The Drug Enforcement Administration.

[[Page 136 STAT. 5413]]

            ``(3) The National Practitioner Data Bank established 
        pursuant to the Health Care Quality Improvement Act of 1986 (42 
        U.S.C. 11101 et seq.).
            ``(4) Any other relevant entity.

    ``(e) Prohibition on Certain Settlement Agreement Terms.--(1) The 
Secretary may not enter into a settlement agreement relating to an 
adverse action against a health care professional of the Department if 
such agreement includes terms that require the Secretary to conceal from 
the personnel file of the employee a serious medical error or lapse in 
clinical practice that constitutes a substantial failure to meet 
generally accepted standards of clinical practice as to raise reasonable 
concern for the safety of patients.
    ``(2) Nothing in paragraph (1) limits--
            ``(A) the right of an employee to appeal a quality of care 
        determination; or
            ``(B) the rights of an employee under sections 1214 and 1221 
        of title 5.

    ``(f) <<NOTE: Deadline.>>  Training.--Not less frequently than 
annually, the Secretary shall provide mandatory training on the 
following duties to employees of the Department who are responsible for 
performing such duties:
            ``(1) Compiling, validating, or reviewing the credentials of 
        health care professionals of the Department.
            ``(2) Reviewing the quality of clinical care delivered by 
        health care professionals of the Department.
            ``(3) Taking adverse privileging actions or making 
        determinations relating to other disciplinary actions or 
        employment actions against health care professionals of the 
        Department for reasons relating to the failure of a health care 
        professional to meet generally accepted standards of clinical 
        practice in a manner that presents reasonable concern for the 
        safety of patients.
            ``(4) Making notifications under subsection (d).

    ``(g) Definitions.--In this section:
            ``(1) The term `controlled substance' has the meaning given 
        that term in section 102 of the Controlled Substances Act (21 
        U.S.C. 802).
            ``(2) The term `covered health care professional' means an 
        individual employed in a position as a health care professional 
        of the Department, or a contractor of the Department, that 
        requires the individual to be authorized to prescribe, dispense, 
        administer, or conduct research with, controlled substances.
            ``(3) The term `Drug Enforcement Administration 
        registration' means registration with the Drug Enforcement 
        Administration under section 303 of the Controlled Substances 
        Act (21 U.S.C. 823) 302 of the Controlled Substances Act (21 
        U.S.C. 822) by health care practitioners authorized to dispense, 
        prescribe, administer, or conduct research with, controlled 
        substances.
            ``(4) The term `health care professional of the Department' 
        means an individual working for the Department in a position 
        described in section 7401 of this title, including a contractor 
        of the Department serving in such a position.''.

[[Page 136 STAT. 5414]]

    (b) <<NOTE: 38 USC prec. 7401.>>  Clerical Amendment.--The table of 
sections at the beginning of such chapter is amended by inserting after 
the item relating to section 7413 the following new item:

``7414. Compliance with requirements for examining qualifications and 
           clinical abilities of health care professionals.''.

    (c) <<NOTE: 38 USC 7414 note.>>  Deadline for Implementation.--The 
Secretary of Veterans Affairs shall commence the implementation of 
section 7414 of title 38, United States Code, as added by subsection 
(a), by the following dates:
            (1) With respect to subsections (a), (c)(2), (d), and (f) of 
        such section, not later than 180 days after the date of the 
        enactment of this Act.
            (2) With respect to subsection (c)(1) of such section, not 
        later than one year after the date of the enactment of this Act.
            (3) With respect to subsection (b)(2) of such section, not 
        later than 18 months after the date of the enactment of this 
        Act.

    (d) <<NOTE: 38 USC 7414 note.>>  Audits and Reports.--
            (1) Audits.--
                    (A) In general.--The Secretary of Veterans Affairs 
                shall carry out annual audits of the compliance of 
                medical centers of the Department of Veterans Affairs 
                with the matters required by section 7414 of title 38, 
                United States Code, as added by subsection (a).
                    (B) Conduct of audits.--In carrying out audits under 
                subparagraph (A), the Secretary--
                          (i) may not authorize the medical center being 
                      audited to conduct the audit; and
                          (ii) may enter into an agreement with another 
                      department or agency of the Federal Government or 
                      a nongovernmental entity to conduct such audits.
            (2) Reports.--
                    (A) In general.--Not later than one year after the 
                date of the enactment of this Act, and annually 
                thereafter for five years, the Secretary of Veterans 
                Affairs shall submit to the Committee on Veterans' 
                Affairs of the Senate and the Committee on Veterans' 
                Affairs of the House of Representatives a report on the 
                audits conducted under paragraph (1).
                    (B) <<NOTE: Summary.>>  Elements.--Each report 
                submitted under subparagraph (A) shall include a summary 
                of the compliance by each medical center of the 
                Department of Veterans Affairs with the matters required 
                by section 7414 of title 38, United States Code, as 
                added by subsection (a).
                    (C) Initial report.--The Secretary shall include in 
                the first report submitted under subparagraph (A) the 
                following:
                          (i) A description of the progress made by the 
                      Secretary in implementing section 7414 of title 
                      38, United States Code, as added by subsection 
                      (a), including any matters under such section that 
                      the Secretary has not fully implemented.
                          (ii) <<NOTE: Analysis.>>  An analysis of the 
                      feasibility, advisability, and cost of requiring 
                      credentialing employees of the Department to be 
                      trained by an outside entity and to maintain a 
                      credentialing certification.

[[Page 136 STAT. 5415]]

    (e) Report on Updates to Policy of the Department of Veterans 
Affairs for Reporting Patient Safety Concerns to Appropriate State and 
Other Entities.--
            (1) In general.--Not later than 90 days after the date of 
        the enactment of this Act, the Secretary of Veterans Affairs 
        shall submit to the Committee on Veterans' Affairs of the Senate 
        and the Committee on Veterans' Affairs of the House of 
        Representatives a report on the efforts of the Department of 
        Veterans Affairs to update policies and practices for employees 
        of medical centers of the Department, Veterans Integrated 
        Service Networks, and the Veterans Health Administration to 
        report to State licensing boards, the National Practitioner Data 
        Bank established pursuant to the Health Care Quality Improvement 
        Act of 1986 (42 U.S.C. 11101 et seq.), and any other relevant 
        entity health care professionals who are employed by or 
        separated from employment with the Department and whose behavior 
        and clinical practice so substantially failed to meet generally 
        accepted standards of clinical practice as to raise reasonable 
        concern for the safety of patients.
            (2) Consultation.--The report required by paragraph (1) 
        shall include a description of the efforts of the Department to 
        consult with--
                    (A) State licensing boards;
                    (B) the Centers for Medicare & Medicaid Services;
                    (C) the National Practitioner Data Bank; and
                    (D) the exclusive representative of employees of the 
                Department appointed under section 7401(1) of title 38, 
                United States Code.

   Subtitle C--Care From Non-Department of Veterans Affairs Providers

                     CHAPTER 1--WAIT TIMES FOR CARE

SEC. 121. CALCULATION OF WAIT TIME FOR PURPOSES OF ELIGIBILITY 
                        UNDER VETERANS COMMUNITY CARE PROGRAM.

    Section 1703(d) of title 38, United States Code, is amended by 
adding at the end the following new paragraph:
    ``(4) <<NOTE: Determination.>>  In determining under paragraph 
(1)(D) whether the Department is able to furnish care or services in a 
manner that complies with designated access standards developed by the 
Secretary under section 1703B of this title, for purposes of calculating 
a wait time for a veteran to schedule an appointment at a medical 
facility of the Department, the Secretary shall measure from the date of 
request for the appointment, unless a later date has been agreed to by 
the veteran in consultation with a health care provider of the 
Department, to the first next available appointment date relevant to the 
requested medical service.''.
SEC. 122. <<NOTE: Deadlines. 38 USC 1703 note.>>  PLAN REGARDING 
                        INFORMING VETERANS OF EXPECTED WAIT TIMES 
                        FOR APPOINTMENTS FOR CARE.

    (a) In General.--Not later than October 1, 2023, the Secretary of 
Veterans Affairs shall develop a plan to ensure that veterans eligible 
for care or services pursuant to section 1703(d)(1) of title 38, United 
States Code, including veterans making their own

[[Page 136 STAT. 5416]]

appointments using advanced technology, are informed of the expected 
number of days between the date on which the veteran requested care 
until--
            (1) the date on which the veteran will be able to receive 
        care through a non-Department of Veterans Affairs provider under 
        such section;
            (2) the date on which the veteran will be able to receive 
        care through a provider of the Department;
            (3) the date on which--
                    (A) the Department will schedule an appointment for 
                care through a non-Department provider under such 
                section; or
                    (B) for veterans making their own appointments using 
                advanced technology, the veteran would be able to 
                schedule an appointment for care through a provider of 
                the Department or through a non-Department provider 
                under such section;
            (4) the date on which the Department will schedule an 
        appointment for care through a provider of the Department.

    (b) Implementation.--The Secretary shall implement the plan required 
under subsection (a) not later than three years after the date of the 
enactment of this Act.
    (c) <<NOTE: List.>>  Matters To Be Included.--The Secretary shall 
include in the plan required under subsection (a) a list of the 
information technology systems, contracting mechanisms, staff, 
legislative authorities, pilot programs, and other components that the 
Secretary determines necessary to implement the plan within the three-
year implementation deadline under subsection (b), as well as their 
associated milestones and resource requirements.

    (d) <<NOTE: Briefing. Reports. Assessment.>>  Updates.--Not less 
frequently than quarterly, the Secretary shall brief the Committee on 
Veterans' Affairs of the Senate and the Committee on Veterans' Affairs 
of the House of Representatives and submit to those committees a report 
in writing regarding the status of the implementation of the plan 
required under subsection (a), to include an assessment of the progress 
of the Secretary in meeting the three-year implementation deadline under 
subsection (b).

               CHAPTER 2--IMPROVEMENT OF PROVISION OF CARE

SEC. 125. MODIFICATIONS TO ACCESS STANDARDS FOR CARE FURNISHED 
                        THROUGH COMMUNITY CARE PROGRAM OF 
                        DEPARTMENT OF VETERANS AFFAIRS.

    (a) Access Standards.--Section 1703B of title 38, United States 
Code, is amended--
            (1) by striking subsections (f) and (g) and inserting the 
        following:

    ``(f)(1) Subject to paragraph (3), the Secretary shall meet the 
access standards established under subsection (a) when furnishing 
hospital care, medical services, or extended care services to a covered 
veteran under section 1703 of this title and shall ensure that meeting 
such access standards is reflected in the contractual requirements of 
Third Party Administrators.
    ``(2) <<NOTE: Compliance.>>  The Secretary shall ensure that health 
care providers specified under section 1703(c) of this title are able to 
comply with the access standards established under subsection (a) for 
such providers.

[[Page 136 STAT. 5417]]

    ``(3)(A) <<NOTE: Waiver authority.>>  A Third Party Administrator 
may request a waiver to the requirement under this subsection to meet 
the access standards established under subsection (a) if--
            ``(i)(I) the scarcity of available providers or facilities 
        in the region precludes the Third Party Administrator from 
        meeting those access standards; or
            ``(II) the landscape of providers or facilities has changed, 
        and certain providers or facilities are not available such that 
        the Third Party Administrator is not able to meet those access 
        standards; and
            ``(ii) to address the scarcity of available providers or the 
        change in the provider or facility landscape, as the case may 
        be, the Third Party Administrator has contracted with other 
        providers or facilities that may not meet those access standards 
        but are the currently available providers or facilities most 
        accessible to veterans within the region of responsibility of 
        the Third Party Administrator.

    ``(B) Any waiver requested by a Third Party Administrator under 
subparagraph (A) must be requested in writing and submitted to the 
Office of Integrated Veteran Care of the Department for approval by that 
office.
    ``(C) As part of any waiver request under subparagraph (A), a Third 
Party Administrator must include conclusive evidence and documentation 
that the access standards established under subsection (a) cannot be met 
because of scarcity of available providers or changes to the landscape 
of providers or facilities.
    ``(D) <<NOTE: Evaluation.>>  In evaluating a waiver request under 
subparagraph (A), the Secretary shall consider the following:
            ``(i) The number and geographic distribution of eligible 
        health care providers available within the geographic area and 
        specialty referenced in the waiver request.
            ``(ii) The prevailing market conditions within the 
        geographic area and specialty referenced in the waiver request, 
        which shall include the number and distribution of health care 
        providers contracting with other health care plans (including 
        commercial plans and the Medicare program under title XVIII of 
        the Social Security Act (42 U.S.C. 1395 et seq.)) operating in 
        the geographic area and specialty referenced in the waiver 
        request.
            ``(iii) Whether the service area is comprised of highly 
        rural, rural, or urban areas or some combination of such areas.
            ``(iv) How significantly the waiver request differs from the 
        access standards established under subsection (a).
            ``(v) The rates offered to providers in the geographic area 
        covered by the waiver.

    ``(E) The Secretary shall not consider inability to contract as a 
valid sole rationale for granting a waiver under subparagraph (A).
    ``(g)(1) <<NOTE: Federal Register, publication. Public 
information. Web posting.>>  The Secretary shall publish in the Federal 
Register and on a publicly available internet website of the Department 
the designated access standards established under this section for 
purposes of section 1703(d)(1)(D) of this title.

    ``(2) The Secretary shall publish on a publicly available internet 
website of the Department the access standards established under 
subsection (a).''; and
            (2) in subsection (i), by adding at the end the following 
        new paragraphs:

[[Page 136 STAT. 5418]]

            ``(3) <<NOTE: Definition.>>  The term `inability to 
        contract', with respect to a Third Party Administrator, means 
        the inability of the Third Party Administrator to successfully 
        negotiate and establish a community care network contract with a 
        provider or facility.
            ``(4) <<NOTE: Definition.>>  The term `Third Party 
        Administrator' means an entity that manages a provider network 
        and performs administrative services related to such network 
        within the Veterans Community Care Program under section 1703 of 
        this title.''.

    (b) Prevention of Suspension of Veterans Community Care Program.--
Section 1703(a) of such title is amended by adding at the end the 
following new paragraph:
    ``(4) Nothing in this section shall be construed to authorize the 
Secretary to suspend the program established under paragraph (1).''.
SEC. 126. <<NOTE: 38 USC 1701 note.>>  STRATEGIC PLAN TO ENSURE 
                        CONTINUITY OF CARE IN THE CASE OF THE 
                        REALIGNMENT OF A MEDICAL FACILITY OF THE 
                        DEPARTMENT.

    (a) Sense of Congress.--It is the sense of Congress that the 
Veterans Health Administration should ensure that veterans do not 
experience a lapse of care when transitioning in receiving care due to 
the realignment of a medical facility of the Department of Veterans 
Affairs.
    (b) Development of Strategic Plan.--
            (1) <<NOTE: Updates.>>  In general.--The Secretary of 
        Veterans Affairs, acting through the Office of Integrated 
        Veteran Care, the Chief Strategy Office, the Office of Asset 
        Enterprise Management, or any successor office that has similar 
        and related functions, shall develop and periodically update a 
        strategic plan to ensure continuity of health care through care 
        furnished at a facility of the Department or through the 
        Community Care Program for veterans impacted by the realignment 
        of a medical facility of the Department.
            (2) Elements.--The strategic plan required under paragraph 
        (1) shall include, at a minimum, the following:
                    (A) <<NOTE: Assessment.>>  An assessment of the 
                progress of the Department in identifying impending 
                realignments of medical facilities of the Department and 
                the impact of such realignments on access of veterans to 
                care, including any impact on the network of health care 
                providers under the Community Care Program.
                    (B) The progress of the Department in establishing 
                operated sites of care and related activities to address 
                the impact of such a realignment.
                    (C) An outline of collaborative actions and 
                processes the Department can take to address potential 
                gaps in health care created by such a realignment, 
                including actions and processes to be taken by the 
                Office of Integrated Veteran Care, the Chief Strategy 
                Office, and the Office of Asset Enterprise Management of 
                the Department.
                    (D) A description of how the Department can identify 
                to Third Party Administrators changes in the catchment 
                areas of medical facilities to be realigned and develop 
                a process with Third Party Administrators to strengthen 
                provider coverage in advance of such realignments.
            (3) <<NOTE: Deadline.>>  Submittal to congress.--Not later 
        than 180 days after the date of the enactment of this Act, the 
        Under Secretary

[[Page 136 STAT. 5419]]

        for Health of the Department shall submit to the Committee on 
        Veterans' Affairs of the Senate and the Committee on Veterans' 
        Affairs of the House of Representatives the plan developed under 
        paragraph (1).

    (c) Definitions.--In this section:
            (1) Community care program.--The term ``Community Care 
        Program'' means the Veterans Community Care Program under 
        section 1703 of title 38, United States Code.
            (2) Realignment.--The term ``realignment'', with respect to 
        a facility of the Department of Veterans Affairs, includes--
                    (A) any action that changes the number of facilities 
                or relocates services, functions, or personnel 
                positions; and
                    (B) strategic collaborations between the Department 
                and non-Federal Government entities, including tribal 
                organizations and Urban Indian Organizations.
            (3) Third party administrator.--The term ``Third Party 
        Administrator'' means an entity that manages a provider network 
        and performs administrative services related to such network 
        within the Veterans Community Care Program under section 1703 of 
        title 38, United States Code.
            (4) Tribal organization.--The term ``tribal organization'' 
        has the meaning given that term in section 4 of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 5304).
            (5) Urban indian organization.--The term ``Urban Indian 
        Organization'' has the meaning given that term in section 4 of 
        the Indian Health Care Improvement Act (25 U.S.C. 1603).

         CHAPTER 3--COMMUNITY CARE SELF-SCHEDULING PILOT PROGRAM

SEC. 131. <<NOTE: 38 USC 1703 note.>>  DEFINITIONS.

    In this chapter:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Veterans' Affairs and the 
                Committee on Appropriations of the Senate; and
                    (B) the Committee on Veterans' Affairs and the 
                Committee on Appropriations of the House of 
                Representatives.
            (2) Covered veteran.--The term ``covered veteran'' means a 
        covered veteran under section 1703(b) of title 38, United States 
        Code.
            (3) Pilot program.--The term ``pilot program'' means the 
        pilot program required under section 132(a).
            (4) Veterans community care program.--The term ``Veterans 
        Community Care Program'' means the program to furnish hospital 
        care, medical services, and extended care services to covered 
        veterans under section 1703 of title 38, United States Code.
SEC. 132. PILOT PROGRAM ESTABLISHING COMMUNITY CARE APPOINTMENT 
                        SELF-SCHEDULING TECHNOLOGY.

    (a) <<NOTE: Deadline.>>  Pilot Program.--Not later than one year 
after the date of the enactment of this Act, the Secretary of Veterans 
Affairs shall commence a pilot program under which covered veterans 
eligible for hospital care, medical services, or extended care services 
under subsection (d)(1) of section 1703 of title 38, United States

[[Page 136 STAT. 5420]]

Code, may use a technology that has the capabilities specified in 
section 133(a) to schedule and confirm medical appointments with health 
care providers participating in the Veterans Community Care Program.

    (b) Expansion or Development of New Technology.--In carrying out the 
pilot program, the Secretary may expand capabilities of an existing 
appointment self-scheduling technology of the Department of Veterans 
Affairs or purchase a new appointment self-scheduling technology.
    (c) <<NOTE: Deadline.>>  Competition.--In contracting for the 
expansion of capabilities of an existing appointment self-scheduling 
technology of the Department or the purchase of a new appointment self-
scheduling technology under the pilot program, the Secretary shall 
comply with section 3301 of title 41, United States Code, and award any 
such contract not later than 270 days after the date of the enactment of 
this Act.

    (d) Selection of Locations.--The Secretary shall select not fewer 
than two Veterans Integrated Services Networks of the Department in 
which to carry out the pilot program.
    (e) Duration of Pilot Program.--
            (1) In general.--Except as provided in paragraph (2), the 
        Secretary shall carry out the pilot program for an 18-month 
        period.
            (2) <<NOTE: Determination.>>  Extension.--The Secretary may 
        extend the duration of the pilot program and may expand the 
        selection of Veterans Integrated Services Networks under 
        subsection (d) if the Secretary determines that the pilot 
        program is reducing the wait times of veterans seeking hospital 
        care, medical services, or extended care services under the 
        Veterans Community Care Program.

    (f) Outreach.--The Secretary shall ensure that veterans 
participating in the Veterans Community Care Program in Veterans 
Integrated Services Networks in which the pilot program is being carried 
out are informed about the pilot program.
SEC. 133. APPOINTMENT SELF-SCHEDULING CAPABILITIES.

    (a) In General.--The Secretary of Veterans Affairs shall ensure that 
the appointment self-scheduling technology used in the pilot program 
includes the following capabilities:
            (1) Capability to self-schedule, modify, and cancel 
        appointments directly online for primary care, specialty care, 
        and mental health care under the Veterans Community Care Program 
        with regard to each category of eligibility under section 
        1703(d)(1) of title 38, United States Code.
            (2) Capability to support appointments for the provision of 
        health care under the Veterans Community Care Program regardless 
        of whether such care is provided in person or through telehealth 
        services.
            (3) Not fewer than two of the following capabilities:
                    (A) Capability to view appointment availability in 
                real time to the extent practicable.
                    (B) Capability to load relevant patient information 
                from the Decision Support Tool of the Department or any 
                other information technology system of the Department 
                used to determine the eligibility of veterans for health 
                care under section 1703(d)(1) of title 38, United States 
                Code.

[[Page 136 STAT. 5421]]

                    (C) Capability to search for providers and 
                facilities participating in the Veterans Community Care 
                Program based on distance from the residential address 
                of a veteran.
                    (D) Capability to filter provider results by 
                clinical expertise, ratings, reviews, sex, languages 
                spoken, and other criteria as determined by the 
                Secretary.
                    (E) Capability to provide telephonic and electronic 
                contact information for all such providers that do not 
                offer online scheduling at the time.
                    (F) Capability to store and print authorization 
                letters for veterans for health care under the Veterans 
                Community Care Program.
                    (G) Capability to provide prompts or reminders to 
                veterans to schedule initial appointments or follow-up 
                appointments.
                    (H) Capability to be used 24 hours per day, seven 
                days per week.
                    (I) Capability to ensure veterans who self-schedule 
                appointments through the appointment self-scheduling 
                technology have scheduled such appointment with a 
                provider possessing the required specialty and clinical 
                expertise.
                    (J) Capability to integrate with the Veterans Health 
                Information Systems and Technology Architecture of the 
                Department and the health record deployed by the 
                Electronic Health Record Modernization program, or any 
                successor information technology system or health record 
                of the Department.
                    (K) Capability to integrate with information 
                technology systems of Third Party Administrators.

    (b) Independent Validation and Verification.--
            (1) <<NOTE: Evaluation.>>  In general.--The Comptroller 
        General of the United States shall evaluate whether the 
        appointment self-scheduling technology used in the pilot program 
        includes the capabilities required under subsection (a) and 
        successfully performs such capabilities.
            (2) <<NOTE: Deadline.>>  Briefing.--Not later than 30 days 
        after the date on which the Comptroller General completes the 
        evaluation under paragraph (1), the Comptroller General shall 
        brief the appropriate congressional committees on such 
        evaluation.

    (c) <<NOTE: Deadline.>>  Certification.--Not later than 18 months 
after commencement of the pilot program, the Secretary shall certify to 
the Committee on Veterans' Affairs of the Senate and the Committee on 
Veterans' Affairs of the House of Representatives whether the 
appointment self-scheduling technology used in the pilot program and any 
other patient self-scheduling technology developed or used by the 
Department of Veterans Affairs to schedule appointments under the 
Veterans Community Care Program as of the date of the certification 
includes the capabilities required under subsection (a).

    (d) Third Party Administrator Defined.--In this section, the term 
``Third Party Administrator'' means an entity that manages a provider 
network and performs administrative services related to such network 
within the Veterans Community Care Program under section 1703 of title 
38, United States Code.

[[Page 136 STAT. 5422]]

SEC. 134. REPORT.

    Not later than 180 days after the date of the enactment of this Act, 
and every 180 days thereafter, the Secretary of Veterans Affairs shall 
submit to the appropriate congressional committees a report that 
includes--
            (1) <<NOTE: Assessment. Time period.>>  an assessment by the 
        Secretary of the pilot program during the 180-day period 
        preceding the date of the report, including--
                    (A) the cost of the pilot program;
                    (B) the volume of usage of the appointment self-
                scheduling technology under the pilot program;
                    (C) the quality of the pilot program;
                    (D) patient satisfaction with the pilot program;
                    (E) benefits to veterans of using the pilot program;
                    (F) the feasibility of allowing self-scheduling for 
                different specialties under the pilot program;
                    (G) participation in the pilot program by health 
                care providers under the Veterans Community Care 
                Program; and
                    (H) such other findings and conclusions with respect 
                to the pilot program as the Secretary considers 
                appropriate; and
            (2) <<NOTE: Recommenda- tions.>>  such recommendations as 
        the Secretary considers appropriate regarding--
                    (A) extension of the pilot program to other or all 
                Veterans Integrated Service Networks of the Department 
                of Veterans Affairs; and
                    (B) making the pilot program permanent.

            CHAPTER 4--ADMINISTRATION OF NON-DEPARTMENT CARE

SEC. 141. CREDENTIALING VERIFICATION REQUIREMENTS FOR PROVIDERS OF 
                        NON-DEPARTMENT OF VETERANS AFFAIRS HEALTH 
                        CARE SERVICES.

    (a) Credentialing Verification Requirements.--
            (1) In general.--Subchapter I of chapter 17 of title 38, 
        United States Code, is amended by inserting after section 1703E 
        the following new section:
``Sec. 1703F. <<NOTE: 38 USC 1703F.>>  Credentialing verification 
                    requirements for providers of non-Department 
                    health care services

    ``(a) <<NOTE: Compliance.>>  In General.--The Secretary shall ensure 
that Third Party Administrators and credentials verification 
organizations comply with the requirements specified in subsection (b) 
to help ensure certain health care providers are excluded from providing 
non-Department health care services.

    ``(b) Requirements Specified.--The Secretary shall require Third 
Party Administrators and credentials verification organizations to carry 
out the following:
            ``(1) Hold and maintain an active credential verification 
        accreditation from a national health care accreditation body.
            ``(2) <<NOTE: Time period.>>  Conduct initial verification 
        of provider history and license sanctions for all States and 
        United States territories for a period of time--
                    ``(A) that includes the period before the provider 
                began providing non-Department health care services; and

[[Page 136 STAT. 5423]]

                    ``(B) dating back not less than 10 years.
            ``(3) <<NOTE: Deadlines.>>  Not less frequently than every 
        three years, perform recredentialing, including verifying 
        provider history and license sanctions for all States and United 
        States territories.
            ``(4) Implement continuous monitoring of each provider 
        through the National Practitioner Data Bank established pursuant 
        to the Health Care Quality Improvement Act of 1986 (42 U.S.C. 
        11101 et seq.).
            ``(5) Perform other forms of credentialing verification as 
        the Secretary considers appropriate.

    ``(c) Definitions.--In this section:
            ``(1) The term `credentials verification organization' means 
        an entity that manages the provider credentialing process and 
        performs credentialing verification for non-Department providers 
        that participate in the Veterans Community Care Program under 
        section 1703 of this title through a Veterans Care Agreement.
            ``(2) The term `Third Party Administrator' means an entity 
        that manages a provider network and performs administrative 
        services related to such network within the Veterans Community 
        Care Program under section 1703 of this title.
            ``(3) The term `Veterans Care Agreement' means an agreement 
        for non-Department health care services entered into under 
        section 1703A of this title.
            ``(4) The term `non-Department health care services' means 
        services--
                    ``(A) provided under this subchapter at non-
                Department facilities (as defined in section 1701 of 
                this title);
                    ``(B) provided under section 101 of the Veterans 
                Access, Choice, and Accountability Act of 2014 (Public 
                Law 113-146; 38 U.S.C. 1701 note);
                    ``(C) purchased through the Medical Community Care 
                account of the Department; or
                    ``(D) purchased with amounts deposited in the 
                Veterans Choice Fund under section 802 of the Veterans 
                Access, Choice, and Accountability Act of 2014 (Public 
                Law 113-146; 38 U.S.C. 1701 note).''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of such subchapter <<NOTE: 38 USC prec. 1701.>>  is 
        amended by inserting after the item relating to section 1703E 
        the following new item:

``1703F. Credentialing verification requirements for providers of non-
           Department health care services.''.

    (b) <<NOTE: 38 USC 1703F note.>>  Deadline for Implementation.--Not 
later than 180 days after the date of the enactment of this Act, the 
Secretary of Veterans Affairs shall commence the implementation of 
section 1703F of title 38, United States Code, as added by subsection 
(a)(1).
SEC. 142. CLAIMS FOR PAYMENT FROM DEPARTMENT OF VETERANS AFFAIRS 
                        FOR EMERGENCY TREATMENT FURNISHED TO 
                        VETERANS.

    (a) Treatment for Non-Service-Connected Disabilities.--
            (1) In general.--Section 1725 of title 38, United States 
        Code, is amended--
                    (A) by redesignating subsection (f) as subsection 
                (h); and
                    (B) by inserting after subsection (e) the following 
                new subsections (f) and (g):

[[Page 136 STAT. 5424]]

    ``(f) <<NOTE: Deadline.>>  Submittal of Claims for Direct Payment.--
An individual or entity seeking payment under subsection (a)(2) for 
treatment provided to a veteran in lieu of reimbursement to the veteran 
shall submit a claim for such payment not later than 180 days after the 
latest date on which such treatment was provided.

    ``(g) Hold Harmless.--No veteran described in subsection (b) may be 
held liable for payment for emergency treatment described in such 
subsection if--
            ``(1) a claim for direct payment was submitted by an 
        individual or entity under subsection (f); and
            ``(2) such claim was submitted after the deadline 
        established by such subsection due to--
                    ``(A) an administrative error made by the individual 
                or entity, such as submission of the claim to the wrong 
                Federal agency, under the wrong reimbursement authority 
                (such as section 1728 of this title), or submission of 
                the claim after the deadline; or
                    ``(B) an administrative error made by the 
                Department, such as misplacement of a paper claim or 
                deletion of an electronic claim.''.

    (b) Treatment for and in Connection With Service-Connected 
Disabilities.--Section 1728 of such title is amended--
            (1) by redesignating subsection (c) as subsection (d); and
            (2) by inserting after subsection (b) the following new 
        subsection (c):

    ``(c) No veteran described in subsection (a) may be held liable for 
payment for emergency treatment described in such subsection if--
            ``(1) a claim for direct payment was submitted by an 
        individual or entity under subsection (b)(2); and
            ``(2) such claim was submitted after a deadline established 
        by the Secretary for purposes of this section due to--
                    ``(A) an administrative error made by the individual 
                or entity, such as submission of the claim to the wrong 
                Federal agency or submission of the claim after the 
                deadline; or
                    ``(B) an administrative error made by the 
                Department, such as misplacement of a paper claim or 
                deletion of an electronic claim.''.

    (c) Conforming Amendments.--Such title is amended--
            (1) in section 1705A(d), by striking ``section 1725(f)'' and 
        inserting ``section 1725(h)'';
            (2) in section 1725(b)(3)(B), by striking ``subsection 
        (f)(2)(B) or (f)(2)(C)'' and inserting ``subsection (h)(2)(B) or 
        (h)(2)(C)'';
            (3) in section 1728(d), as redesignated by subsection 
        (b)(4), by striking ``section 1725(f)(1)'' and inserting 
        ``section 1725(h)(1)'';
            (4) in section 1781(a)(4), by striking ``section 1725(f)'' 
        and inserting ``section 1725(h)''; and
            (5) in section 1787(b)(3), by striking ``section 1725(f)'' 
        and inserting ``section 1725(h)''.
SEC. 143. <<NOTE: 38 USC 1703B note.>>  PUBLICATION OF CLARIFYING 
                        INFORMATION FOR NON-DEPARTMENT OF VETERANS 
                        AFFAIRS PROVIDERS.

    (a) <<NOTE: Public information. Web posting. Summaries. List.>>  In 
General.--The Secretary of Veterans Affairs shall publish on one or more 
publicly available internet websites of the Department of Veterans 
Affairs, including the main internet website

[[Page 136 STAT. 5425]]

regarding emergency care authorization for non-Department providers, the 
following information:
            (1) A summary table or similar resource that provides a list 
        of all authorities of the Department to authorize emergency care 
        from non-Department providers and, for each such authority, the 
        corresponding deadline for submission of claims.
            (2) An illustrated summary of steps, such as a process map, 
        with a checklist for the submission of clean claims that non-
        Department providers can follow to assure compliance with the 
        claims-filing process of the Department.
            (3) Contact information for the appropriate office or 
        service line of the Department to address process questions from 
        non-Department providers.

    (b) Periodic Review.--Not less frequently than once every 180 days, 
the Secretary shall review the information published under subsection 
(a) to ensure that such information is current.
    (c) Clean Claims Defined.--In this section, the term ``clean 
claims'' means clean electronic claims and clean paper claims (as those 
terms are defined in section 1703D(i) of title 38, United States Code).
SEC. 144. INAPPLICABILITY OF CERTAIN PROVIDERS TO PROVIDE NON-
                        DEPARTMENT OF VETERANS AFFAIRS CARE.

    Section 108 of the VA MISSION Act of 2018 (Public Law 115-182; 38 
U.S.C. 1701 note) is amended--
            (1) by redesignating subsections (d) and (e) as subsections 
        (e) and (f), respectively; and
            (2) by inserting after subsection (c) the following new 
        subsection (d):

    ``(d) <<NOTE: Determination. Time period.>>  Application.--The 
requirement to deny or revoke the eligibility of a health care provider 
to provide non-Department health care services to veterans under 
subsection (a) shall apply to any removal under paragraph (1) of such 
subsection or violation under paragraph (2) of such subsection that 
occurred on or after a date determined by the Secretary that is not less 
than five years before the date of the enactment of this Act.''.

         Subtitle D--Improvement of Rural Health and Telehealth

SEC. 151. <<NOTE: 38 USC 1701 note.>>  ESTABLISHMENT OF STRATEGIC 
                        PLAN REQUIREMENT FOR OFFICE OF CONNECTED 
                        CARE OF DEPARTMENT OF VETERANS AFFAIRS.

    (a) Findings.--Congress makes the following findings:
            (1) The COVID-19 pandemic caused the Department of Veterans 
        Affairs to exponentially increase telehealth and virtual care 
        modalities, including VA Video Connect, to deliver health care 
        services to veteran patients.
            (2) Between January 2020 and January 2021, the number of 
        telehealth appointments offered by the Department increased by 
        1,831 percent.
            (3) The Department maintains strategic partnerships, such as 
        the Digital Divide Consult, with a goal of ensuring veterans who 
        reside in rural, highly rural, or medically underserved areas 
        have access to high-quality telehealth services offered by the 
        Department.

[[Page 136 STAT. 5426]]

            (4) As of 2019, veterans who reside in rural and highly 
        rural areas make up approximately \1/3\ \\ of veteran enrollees 
        in the patient enrollment system, and are on average, older than 
        their veteran peers in urban areas, experience higher degrees of 
        financial instability, and live with a greater number of complex 
        health needs and comorbidities.
            (5) The Federal Communications Commission estimated in 2020 
        that 15 percent of veteran households do not have an internet 
        connection.
            (6) Under the Coronavirus Aid, Relief, and Economic Security 
        Act (Public Law 116-136), Congress granted the Department 
        additional authority to enter into short-term agreements or 
        contracts with private sector telecommunications companies to 
        provide certain broadband services for the purposes of providing 
        expanded mental health services to isolated veterans through 
        telehealth or VA Video Connect during a public health emergency.
            (7) The authority described in paragraph (6) was not 
        utilized to the fullest extent by the Department.
            (8) Though the Department has made significant progress in 
        expanding telehealth services offered to veterans who are 
        enrolled in the patient enrollment system, significant gaps 
        still exist to ensure all veterans receive equal and high-
        quality access to virtual care.
            (9) Questions regarding the efficacy of using telehealth for 
        certain health care services and specialties remain, and should 
        be further studied.
            (10) The Department continues to expand telehealth and 
        virtual care offerings for primary care, mental health care, 
        specialty care, urgent care, and even remote intensive care 
        units.

    (b) Sense of Congress.--It is the sense of Congress that the 
telehealth services offered by the Department of Veterans Affairs should 
be routinely measured and evaluated to ensure the telehealth 
technologies and modalities delivered to veteran patients to treat a 
wide variety of health conditions are as effective as in-person 
treatment for primary care, mental health care, and other forms of 
specialty care.
    (c) <<NOTE: Deadlines.>>  Development of Strategic Plan.--
            (1) In general.--Not later than one year after the date of 
        the enactment of this Act, the Secretary of Veterans Affairs, 
        acting through the Office of Connected Care of the Department of 
        Veterans Affairs, shall develop a strategic plan to ensure the 
        effectiveness of the telehealth technologies and modalities 
        delivered by the Department to veterans who are enrolled in the 
        patient enrollment system.
            (2) Update.--
                    (A) In general.--The Secretary shall update the 
                strategic plan required under paragraph (1) not less 
                frequently than once every three years following 
                development of the plan.
                    (B) Consultation.--The Secretary shall prepare any 
                update required under subparagraph (A) in consultation 
                with the following:
                          (i) The Chief Officer of the Office of 
                      Connected Care of the Department.

[[Page 136 STAT. 5427]]

                          (ii) The Executive Director of Telehealth 
                      Services of the Office of Connected Care.
                          (iii) The Executive Director of Connected 
                      Health of the Office of Connected Care.
                          (iv) The Executive Director of the Office of 
                      Rural Health of the Department.
                          (v) The Executive Director of Solution 
                      Delivery, IT Operations and Services of the Office 
                      of Information and Technology of the Department.
            (3) <<NOTE: Assessments.>>  Elements.--The strategic plan 
        required under paragraph (1), and any update to that plan under 
        paragraph (2), shall include, at a minimum, the following:
                    (A) <<NOTE: List.>>  A comprehensive list of all 
                health care specialties the Department is currently 
                delivering by telehealth or virtual care.
                    (B) An assessment of the effectiveness and patient 
                outcomes for each type of health care specialty 
                delivered by telehealth or virtual care by the 
                Department.
                    (C) <<NOTE: Assessment.>>  An assessment of 
                satisfaction of veterans in receiving care through 
                telehealth or virtual care disaggregated by age group 
                and by Veterans Integrated Service Network.
                    (D) An assessment of the percentage of virtual 
                visits delivered by the Department through each modality 
                including standard telephone telehealth, VA Video 
                Connect, and the Accessing Telehealth through Local Area 
                Stations program of the Department.
                    (E) An outline of all current partnerships 
                maintained by the Department to bolster telehealth or 
                virtual care services for veterans.
                    (F) An assessment of the barriers faced by the 
                Department in delivering telehealth or virtual care 
                services to veterans residing in rural and highly rural 
                areas, and the strategies the Department is deploying 
                beyond purchasing hardware for veterans who are enrolled 
                in the patient enrollment system.
                    (G) A detailed plan illustrating how the Department 
                is working with other Federal agencies, including the 
                Department of Health and Human Services, the Department 
                of Agriculture, the Federal Communications Commission, 
                and the National Telecommunications and Information 
                Administration, to enhance connectivity in rural, highly 
                rural, and medically underserved areas to better reach 
                all veterans.
                    (H) The feasibility and advisability of partnering 
                with Federally qualified health centers, rural health 
                clinics, and critical access hospitals to fill the gap 
                for health care services that exists for veterans who 
                reside in rural and highly rural areas.
                    (I) <<NOTE: Evaluation.>>  An evaluation of the 
                number of veterans who are enrolled in the patient 
                enrollment system who have previously received care 
                under the Veterans Community Care Program under section 
                1703 of title 38, United States Code.

    (d) <<NOTE: Reports.>>  Submittal to Congress.--Not later than 180 
days after the development of the strategic plan under paragraph (1) of 
subsection (c), and not later than 180 days after each update under 
paragraph (2) of such subsection thereafter, the Secretary shall

[[Page 136 STAT. 5428]]

submit to the Committee on Veterans' Affairs of the Senate and the 
Committee on Veterans' Affairs of the House of Representatives a report 
that includes the following:
            (1) The completed strategic plan or update, as the case may 
        be.
            (2) <<NOTE: Timeline.>>  An identification of areas of 
        improvement by the Department in the delivery of telehealth and 
        virtual care services to veterans who are enrolled in the 
        patient enrollment system, with a timeline for improvements to 
        be implemented.

    (e) Definitions.--
            (1) Patient enrollment system.--The term ``patient 
        enrollment system'' means the system of annual patient 
        enrollment of the Department of Veterans Affairs established and 
        operated under section 1705(a) of title 38, United States Code.
            (2) Rural; highly rural.--The terms ``rural'' and ``highly 
        rural'' have the meanings given those terms in the Rural-Urban 
        Commuting Areas coding system of the Department of Agriculture.
            (3) VA video connect.--The term ``VA Video Connect'' means 
        the program of the Department of Veterans Affairs to connect 
        veterans with their health care team from anywhere, using 
        encryption to ensure a secure and private connection.
SEC. 152. COMPTROLLER GENERAL REPORT ON TRANSPORTATION SERVICES BY 
                        THIRD PARTIES FOR RURAL VETERANS.

    (a) Report Required.--Not later than 540 days after the date of the 
enactment of this Act, the Comptroller General of the United States 
shall submit to the Committee on Veterans' Affairs of the Senate and the 
Committee on Veterans' Affairs of the House of Representatives a report 
on the program the establishment of which was facilitated under section 
111A(b) of title 38, United States Code.
    (b) <<NOTE: Assessments.>>  Contents.--The report submitted under 
subsection (a) shall include the following:
            (1) A description of the program described in such 
        subsection, including descriptions of the following:
                    (A) The purpose of the program.
                    (B) The activities carried out under the program.
            (2) An assessment of the sufficiency of the program with 
        respect to the purpose of the program.
            (3) An assessment of the cost effectiveness of the program 
        in comparison to alternatives.
            (4) An assessment of the health benefits for veterans who 
        have participated in the program.
            (5) An assessment of the sufficiency of staffing of 
        employees of the Department of Veterans Affairs who are 
        responsible for facilitating the maintenance of the program.
            (6) An assessment, with respect to the purpose of the 
        program, of the number of vehicles owned by and operating in 
        conjunction with the program.
            (7) An assessment of the awareness and usage of the program 
        by veterans and their families.
            (8) An assessment of other options for transportation under 
        the program, such as local taxi companies and ridesharing 
        programs such as Uber and Lyft.

[[Page 136 STAT. 5429]]

SEC. 153. COMPTROLLER GENERAL REPORT ON TELEHEALTH SERVICES OF THE 
                        DEPARTMENT OF VETERANS AFFAIRS.

    (a) In General.--Not later than 18 months after the date of the 
enactment of this Act, the Comptroller General of the United States 
shall submit to the Committee on Veterans' Affairs of the Senate and the 
Committee on Veterans' Affairs of the House of Representatives a report 
on telehealth services provided by the Department of Veterans Affairs.
    (b) <<NOTE: Assessment.>>  Elements.--The report required by 
subsection (a) shall include an assessment of the following:
            (1) The telehealth and virtual health care programs of the 
        Department of Veterans Affairs, including VA Video Connect.
            (2) The challenges faced by the Department in delivering 
        telehealth and virtual health care to veterans who reside in 
        rural and highly rural areas due to lack of connectivity in many 
        rural areas.
            (3) Any mitigation strategies used by the Department to 
        overcome connectivity barriers for veterans who reside in rural 
        and highly rural areas.
            (4) The partnerships entered into by the Office of Connected 
        Care of the Department in an effort to bolster telehealth 
        services.
            (5) The extent to which the Department has examined the 
        effectiveness of health care services provided to veterans 
        through telehealth in comparison to in-person treatment.
            (6) Satisfaction of veterans with respect to the telehealth 
        services provided by the Department.
            (7) The use by the Department of telehealth appointments in 
        comparison to referrals to care under the Veterans Community 
        Care Program under section 1703 of title 38, United States Code.
            (8) Such other areas as the Comptroller General considers 
        appropriate.

                   Subtitle E--Care for Aging Veterans

SEC. 161. STRATEGY FOR LONG-TERM CARE FOR AGING VETERANS.

    (a) In General.--The Secretary of Veterans Affairs shall develop a 
strategy for the long-term care of veterans.
    (b) Elements.--The strategy developed under subsection (a) shall--
            (1) identify current and future needs for the long-term care 
        of veterans based on demographic data and availability of 
        services both from the Department of Veterans Affairs and from 
        non-Department providers in the community, include other Federal 
        Government, non-Federal Government, nonprofit, for profit, and 
        other entities;
            (2) identify the current and future needs of veterans for 
        both institutional and non-institutional long-term care (for 
        example, home-based and community-based services), taking into 
        account the needs of growing veteran population groups, 
        including women veterans, veterans with traumatic brain injury, 
        veterans with memory loss, and other population groups with 
        unique needs; and

[[Page 136 STAT. 5430]]

            (3) address new and different care delivery models, 
        including by--
                    (A) <<NOTE: Assessment.>>  assessing the 
                implications of such models for the design of facilities 
                and how those facilities may need to change;
                    (B) <<NOTE: Examination.>>  examining the workforce 
                needed to support aging populations of veterans as they 
                grow and receive long-term care through different trends 
                of care delivery; and
                    (C) considering the feasibility and advisability of 
                implementing a veteran-focused independent provider 
                model for non-institutional care.

    (c) Report.--Not later than one year after the date of the enactment 
of this Act, the Secretary shall submit to Congress a report on the 
strategy developed under subsection (a).
SEC. 162. <<NOTE: 38 USC 1741 note.>>  IMPROVEMENT OF STATE 
                        VETERANS HOMES.

    (a) Standardized Sharing Agreements.--The Secretary of Veterans 
Affairs shall develop a standardized process throughout the Department 
of Veterans Affairs for entering into sharing agreements between State 
homes and medical centers of the Department.
    (b) Provision of Medication to Catastrophically Disabled Veterans.--
Section 1745(b) of title 38, United States Code, is amended by adding at 
the end the following new paragraph:
            ``(3) Any veteran who has been determined by the Secretary 
        to be catastrophically disabled, as defined in section 17.36(e) 
        of title 38, Code of Federal Regulations, or successor 
        regulations, and on whose behalf the Secretary is paying a per 
        diem for nursing home or domiciliary care in a State home under 
        this chapter.''.

    (c) Oversight of Inspections.--
            (1) Monitoring.--The Secretary shall monitor any contractor 
        used by the Department to conduct inspections of State homes, 
        including by reviewing the inspections conducted by each such 
        contractor for quality not less frequently than quarterly.
            (2) Reporting of deficiencies.--The Secretary shall require 
        that any deficiencies of a State home noted during the 
        inspection of the State home be reported to the Secretary.
            (3) <<NOTE: Public information. Web posting.>>  
        Transparency.--The Secretary shall publish the results of any 
        inspection of a State home, and any associated corrective 
        actions planned by the State home, on a publicly available 
        internet website of the Department.

    (d) State Home Defined.--In this section, the term ``State home'' 
has the meaning given that term in section 101(19) of title 38, United 
States Code.
SEC. 163. <<NOTE: 38 USC 1741 note.>>  GERIATRIC PSYCHIATRY PILOT 
                        PROGRAM AT STATE VETERANS HOMES.

    (a) <<NOTE: Deadline.>>  In General.--Not later than one year after 
the date of the enactment of this Act, the Secretary of Veterans Affairs 
shall commence the conduct of a pilot program under which the Secretary 
shall provide geriatric psychiatry assistance to eligible veterans at 
State homes.

    (b) Duration.--The Secretary shall carry out the pilot program under 
this section for a two-year period.
    (c) Type of Assistance.--Assistance provided under the pilot program 
under this section may include--

[[Page 136 STAT. 5431]]

            (1) direct provision of geriatric psychiatry services, 
        including health care if feasible;
            (2) payments to non-Department of Veterans Affairs providers 
        in the community to provide such services;
            (3) collaboration with other Federal agencies to provide 
        such services; or
            (4) such other forms of assistance as the Secretary 
        considers appropriate.

    (d) Consideration of Local Area Needs.--In providing assistance 
under the pilot program under this section, the Secretary shall consider 
the geriatric psychiatry needs of the local area, including by 
considering--
            (1) State homes with a high proportion of residents with 
        unmet mental health needs;
            (2) State homes located in mental health care health 
        professional shortage areas designated under section 332 of the 
        Public Health Service Act (42 U.S.C. 254e); or
            (3) State homes located in rural or highly rural areas.

    (e) Definitions.--In this section, the terms ``State home'' and 
``veteran'' have the meanings given those terms in section 101 of title 
38, United States Code.
SEC. 164. <<NOTE: 38 USC 2041 note.>>  SUPPORT FOR AGING VETERANS 
                        AT RISK OF OR EXPERIENCING HOMELESSNESS.

    (a) In General.--The Secretary of Veterans Affairs shall work with 
public housing authorities and local organizations to assist aging 
homeless veterans in accessing existing housing and supportive services, 
including health services like home-based and community-based services 
from the Department of Veterans Affairs or from non-Department providers 
in the community.
    (b) Payment for Services.--The Secretary may, and is encouraged to, 
pay for services for aging homeless veterans described in subsection 
(a).
SEC. 165. SECRETARY OF VETERANS AFFAIRS CONTRACT AUTHORITY FOR 
                        PAYMENT OF CARE FOR VETERANS IN NON-
                        DEPARTMENT OF VETERANS AFFAIRS MEDICAL 
                        FOSTER HOMES.

    (a) Authority.--
            (1) In general.--Section 1720 of title 38, United States 
        Code, is amended by adding at the end the following new 
        subsection:

    ``(h)(1) <<NOTE: Time period.>>  During the five-year period 
beginning on the date of the enactment of the Joseph Maxwell Cleland and 
Robert Joseph Dole Memorial Veterans Benefits and Health Care 
Improvement Act of 2022, and subject to paragraph (3)--
            ``(A) at the request of a veteran for whom the Secretary is 
        required to provide nursing home care under section 1710A of 
        this title, the Secretary may place the veteran in a medical 
        foster home that meets Department standards, at the expense of 
        the United States, pursuant to a contract, agreement, or other 
        arrangement entered into between the Secretary and the medical 
        foster home for such purpose; and
            ``(B) the Secretary may pay for care of a veteran placed in 
        a medical foster home before such date of enactment, if the home 
        meets Department standards, pursuant to a contract, agreement, 
        or other arrangement entered into between the Secretary and the 
        medical foster home for such purpose.

[[Page 136 STAT. 5432]]

    ``(2) A veteran on whose behalf the Secretary pays for care in a 
medical foster home under paragraph (1) shall agree, as a condition of 
such payment, to accept home health services furnished by the Secretary 
under section 1717 of this title.
    ``(3) In any year, not more than a daily average of 900 veterans 
receiving care in a medical foster home, whether placed before, on, or 
after the date of the enactment of the Joseph Maxwell Cleland and Robert 
Joseph Dole Memorial Veterans Benefits and Health Care Improvement Act 
of 2022, may have their care covered at the expense of the United States 
under paragraph (1).
    ``(4) The prohibition under section 1730(b)(3) of this title shall 
not apply to a veteran whose care is covered at the expense of the 
United States under paragraph (1).
    ``(5) <<NOTE: Definition.>>  In this subsection, the term `medical 
foster home' means a home designed to provide non-institutional, long-
term, supportive care for veterans who are unable to live independently 
and prefer a family setting.''.
            (2) <<NOTE: 38 USC 1720 note.>>  Effective date.--Subsection 
        (h) of section 1720 of title 38, United States Code, as added by 
        paragraph (1), shall take effect 90 days after the date of the 
        enactment of this Act.

    (b) <<NOTE: 38 USC 1720 note.>>  Ongoing Monitoring of Medical 
Foster Home Program.--
            (1) In general.--The Secretary of Veterans Affairs shall 
        create a system to monitor and assess the workload for the 
        Department of Veterans Affairs in carrying out the authority 
        under section 1720(h) of title 38, United States Code, as added 
        by subsection (a)(1), including by tracking--
                    (A) requests by veterans to be placed in a medical 
                foster home under such section;
                    (B) denials of such requests, including the reasons 
                for such denials;
                    (C) the total number of medical foster homes 
                applying to participate under such section, 
                disaggregated by those approved and those denied 
                approval by the Department to participate;
                    (D) veterans receiving care at a medical foster home 
                at the expense of the United States; and
                    (E) veterans receiving care at a medical foster home 
                at their own expense.
            (2) Report.--Based on the monitoring and assessments 
        conducted under paragraph (1), the Secretary shall identify and 
        submit to Congress a report on such modifications to 
        implementing section 1720(h) of title 38, United States Code, as 
        added by subsection (a)(1), as the Secretary considers necessary 
        to ensure the authority under such section is functioning as 
        intended and care is provided to veterans under such section as 
        intended.
            (3) Medical foster home defined.--In this subsection, the 
        term ``medical foster home'' has the meaning given that term in 
        section 1720(h) of title 38, United States Code, as added by 
        subsection (a)(1).

    (c) <<NOTE: Assessments.>>  Comptroller General Report.--Not later 
than each of three years and six years after the date of the enactment 
of this Act, the Comptroller General of the United States shall submit 
to Congress a report--
            (1) assessing the implementation of this section and the 
        amendments made by this section;

[[Page 136 STAT. 5433]]

            (2) assessing the impact of the monitoring and modifications 
        under subsection (b) on care provided under section 1720(h) of 
        title 38, United States Code, as added by subsection (a)(1); and
            (3) <<NOTE: Recommenda- tions.>>  setting forth 
        recommendations for improvements to the implementation of such 
        section, as the Comptroller General considers appropriate.

                   Subtitle F--Foreign Medical Program

SEC. 171. ANALYSIS OF FEASIBILITY AND ADVISABILITY OF EXPANDING 
                        ASSISTANCE AND SUPPORT TO CAREGIVERS TO 
                        INCLUDE CAREGIVERS OF VETERANS IN THE 
                        REPUBLIC OF THE PHILIPPINES.

    (a) Findings.--Congress makes the following findings:
            (1) Although section 161 of the VA MISSION Act of 2018 
        (Public Law 115-182; 132 Stat. 1438) expanded the program of 
        comprehensive assistance for family caregivers of the Department 
        of Veterans Affairs under section 1720G(a) of title 38, United 
        States Code, to veterans of all eras, it did not expand the 
        program to family caregivers for veterans overseas.
            (2) Although caregivers for veterans overseas can access 
        online resources as part of the program of support services for 
        caregivers of veterans under subsection (b) section 1720G of 
        such title, those caregivers are not currently eligible for the 
        comprehensive services and benefits provided under subsection 
        (a) of such section.
            (3) The Department has an outpatient clinic and a regional 
        benefits office in Manila, Republic of the Philippines, and the 
        Foreign Medical Program of the Department under section 1724 of 
        such title is used heavily in the Republic of the Philippines by 
        veterans who live in that country.
            (4) Due to the presence of facilities of the Department in 
        the Republic of the Philippines and the number of veterans who 
        reside there, that country is a suitable test case to analyze 
        the feasibility and advisability of expanding caregiver support 
        to caregivers of veterans overseas.

    (b) <<NOTE: Deadline.>>  Analysis.--Not later than 180 days after 
the date of the enactment of this Act, the Secretary of Veterans Affairs 
shall complete an analysis of the feasibility and advisability of making 
assistance and support under section 1720G(a) of title 38, United States 
Code, available to caregivers of veterans in the Republic of the 
Philippines.

    (c) <<NOTE: Assessments.>>  Report.--Not later than 180 days after 
the conclusion of the analysis conducted under subsection (b), the 
Secretary shall submit to the Committee on Veterans' Affairs of the 
Senate and the Committee on Veterans' Affairs of the House of 
Representatives a report that includes the following:
            (1) The results of such analysis.
            (2) An assessment of the number of veterans who are enrolled 
        in the patient enrollment system and reside in the Republic of 
        the Philippines.
            (3) An assessment of the number of veterans residing in the 
        Republic of the Philippines with a disability rating from the 
        Department of not less than 70 percent.

[[Page 136 STAT. 5434]]

            (4) An assessment of the number of veterans who are enrolled 
        in the patient enrollment system and reside in the Republic of 
        the Philippines that have a caregiver to provide them personal 
        care services described in section 1720G(a)(C) of title 38, 
        United States Code.
            (5) An assessment of the staffing needs and associated costs 
        of making assistance and support available to caregivers of 
        veterans in the Republic of the Philippines.
            (6) An assessment of the infrastructure needs and associated 
        costs of making assistance and support available to caregivers 
        of veterans in the Republic of the Philippines.
            (7) An assessment of the local transportation challenges to 
        making assistance and support available to caregivers of 
        veterans in the Republic of the Philippines.
            (8) An assessment of how the Secretary would determine 
        payment rates for caregivers of veterans in the Republic of the 
        Philippines to account for variances in living standards in the 
        Republic of the Philippines.
            (9) Such other elements as the Secretary considers 
        appropriate.

    (d) Definitions.--In this section:
            (1) Caregiver.--The term ``caregiver'' has the meaning given 
        that term in section 1720G(d) of title 38, United States Code.
            (2) Patient enrollment system.--The term ``patient 
        enrollment system'' means the system of annual patient 
        enrollment of the Department of Veterans Affairs established and 
        operated under section 1705(a) of such title.
            (3) Veteran.--The term ``veteran'' has the meaning given 
        that term in section 101(2) of such title.
SEC. 172. COMPTROLLER GENERAL REPORT ON FOREIGN MEDICAL PROGRAM OF 
                        DEPARTMENT OF VETERANS AFFAIRS.

    (a) In General.--Not later than two years after the date of the 
enactment of this Act, the Comptroller General of the United States 
shall submit to the Committee on Veterans' Affairs of the Senate and the 
Committee on Veterans' Affairs of the House of Representatives a report 
on the Foreign Medical Program.
    (b) Elements.--The report required by subsection (a) shall include, 
for the most recent five fiscal years for which data are available, an 
assessment of the following:
            (1) The number of veterans who live overseas and are 
        eligible for the Foreign Medical Program.
            (2) The number of veterans who live overseas, are registered 
        for the Foreign Medical Program, and use such program.
            (3) The number of veterans who live overseas, are registered 
        for the Foreign Medical Program, and do not use such program.
            (4) The number of veterans who are eligible for care 
        furnished by the Department of Veterans Affairs, live in the 
        United States, including territories of the United States, and 
        make use of such care, including through the Veterans Community 
        Care Program under section 1703 of title 38, United States Code.
            (5) Any challenges faced by the Department in administering 
        the Foreign Medical Program, including--

[[Page 136 STAT. 5435]]

                    (A) outreach to veterans on eligibility for such 
                program and ensuring veterans who live overseas are 
                aware of such program;
                    (B) executing timely reimbursements of claims by 
                veterans under such program; and
                    (C) need for and use of translation services.
            (6) Any trends relating to--
                    (A) the timeliness of processing by the Department 
                of claims under the Foreign Medical Program and 
                reimbursement of veterans under such program;
                    (B) types of care or treatment sought by veterans 
                who live overseas that is reimbursed under such program; 
                and
                    (C) types of care or treatment eligible for 
                reimbursement under such program that veterans have 
                difficulty accessing overseas.
            (7) Any barriers or obstacles cited by veterans who live 
        overseas who are registered for the Foreign Medical Program, 
        including any differences between veterans who use the program 
        and veterans who do not.
            (8) Satisfaction of veterans who live overseas with the 
        Foreign Medical Program.
            (9) Such other areas as the Comptroller General considers 
        appropriate.

    (c) Foreign Medical Program Defined.--In this section, the term 
``Foreign Medical Program'' means the program under with the Secretary 
of Veterans Affairs provides hospital care and medical services under 
section 1724 of title 38, United States Code.

                      Subtitle G--Research Matters

SEC. 181. INAPPLICABILITY OF PAPERWORK REDUCTION ACT.

    (a) In General.--Subchapter II of chapter 73 of title 38, United 
States Code, is amended by adding at the end the following new section:
``Sec. 7330D. <<NOTE: 38 USC 7330D.>>  Inapplicability of 
                    Paperwork Reduction Act to research activities

    ``Subchapter I of chapter 35 of title 44 (commonly referred to as 
the `Paperwork Reduction Act') shall not apply to the voluntary 
collection of information during the conduct of research by the Veterans 
Health Administration, including the Office of Research and Development, 
or individuals or entities affiliated with the Veterans Health 
Administration.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such subchapter is <<NOTE: 38 USC prec. 7301.>>  amended by inserting 
after the item relating to section 7330C the following new item:
            ``(1) ``7330D. Inapplicability of Paperwork Reduction Act to 
        research activities.''.
SEC. 182. RESEARCH AND DEVELOPMENT.

    (a) Office of Research and Development.--Chapter 73 of title 38, 
United States Code, is amended by adding at the end the following new 
subchapter:

[[Page 136 STAT. 5436]]

``SUBCHAPTER V <<NOTE: 38 USC prec 7381.>> --RESEARCH AND DEVELOPMENT
``Sec. 7381. <<NOTE: 38 USC 7381.>>  Office of Research and 
                  Development

    ``(a) <<NOTE: Establishment.>>  Office of Research and 
Development.--There is in the Veterans Health Administration an Office 
of Research and Development (in this section referred to as the 
`Office').

    ``(b) Purposes.--The function of the Office is to serve veterans 
through a full spectrum of research (including pre-clinical, clinical, 
and health systems science), technology transfer, and application.
    ``(c) Chief Research and Development Officer.--The head of the 
Office is the Chief Research and Development Officer.
    ``(d) Organization and Personnel.--The Office shall be organized in 
such manner, and its personnel shall perform such duties and have such 
titles, as the Secretary may prescribe.
``Sec. 7382. <<NOTE: 38 USC 7382.>>  Research personnel

    ``(a) Waiver of Intergovernmental Personnel Act Mobility Program 
Limits.--The Secretary may waive the limit on the period and number of 
assignments required under section 3372(a) of title 5 with respect to an 
individual who performs research for the Department under the mobility 
program under subchapter VI of chapter 33 of such title (commonly 
referred to as the `Intergovernmental Personnel Act Mobility Program').
    ``(b) Outside Earned Income for Research for the Department.--(1) 
Compensation from a nonprofit corporation established under subchapter 
IV of this chapter, or a university affiliated with the Department, may 
be paid, without regard to section 209 of title 18, to an employee 
described in paragraph (2), for research conducted pursuant to section 
7303 of this title if--
            ``(A) the research has been approved in accordance with 
        procedures prescribed by the Under Secretary for Health;
            ``(B) the employee conducts research under the supervision 
        of personnel of the Department; and
            ``(C) the Secretary agreed to the terms of such compensation 
        in writing.

    ``(2) An employee described in this subsection is an employee who 
has an appointment within the Department, whether with or without 
compensation, and without regard to the source of such compensation.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is <<NOTE: 38 USC prec. 7301.>>  amended by adding at the 
end the following new items:

                 ``subchapter v--research and development

``7381. Office of Research and Development.
``7382. Research personnel.''.

SEC. 183. EXPANSION OF HIRING AUTHORITIES FOR CERTAIN CLASSES OF 
                        RESEARCH OCCUPATIONS.

    Section 7401(3) of title 38, United States Code, is amended by 
inserting ``statisticians, economists, informaticists, data scientists, 
and'' after ``blind rehabilitation outpatient specialists,''.
SEC. 184. COMPTROLLER GENERAL STUDY ON DEDICATED RESEARCH TIME FOR 
                        CERTAIN PERSONNEL OF THE DEPARTMENT OF 
                        VETERANS AFFAIRS.

    (a) Study.--The Comptroller General of the United States shall 
conduct a study on the amount of time dedicated for research

[[Page 136 STAT. 5437]]

for clinician-scientists appointed by the Secretary of Veterans Affairs.
    (b) Elements.--The study under subsection (a) shall include the 
following:
            (1) <<NOTE: Review.>>  A review of the policies and 
        practices of the Department of Veterans Affairs regarding the 
        time dedicated for research for the personnel specified in 
        subsection (a).
            (2) <<NOTE: Assessment.>>  An assessment of the effect of 
        such policies and practices on the following:
                    (A) The recruitment and retention efforts of the 
                Department.
                    (B) The productivity of the personnel specified in 
                subsection (a) with respect to research.
                    (C) The efficient use of resources available for 
                research on issues relating to the health of veterans.

    (c) Report.--Not later than two years after the date of the 
enactment of this Act, the Comptroller General shall submit to the 
Committee on Veterans' Affairs of the Senate and the Committee on 
Veterans' Affairs of the House of Representatives a report detailing the 
findings of the study conducted under subsection (a).

                     Subtitle H--Mental Health Care

SEC. 191. ANALYSIS OF FEASIBILITY AND ADVISABILITY OF DEPARTMENT 
                        OF VETERANS AFFAIRS PROVIDING EVIDENCE-
                        BASED TREATMENTS FOR THE DIAGNOSIS OF 
                        TREATMENT-RESISTANT DEPRESSION.

    (a) Findings.--Congress makes the following findings:
            (1) A systematic review in 2019 of the economics and quality 
        of life relating to treatment-resistant depression summarized 
        that major depressive disorder (in this subsection referred to 
        as ``MDD'') is a global public health concern and that 
        treatment-resistant depression in particular represents a key 
        unmet need. The findings of that review highlighted the need for 
        improved therapies for treatment-resistant depression to reduce 
        disease burden, lower medical costs, and improve the quality of 
        life of patients.
            (2) The Clinical Practice Guideline for the Management of 
        MDD (in this subsection referred to as the ``CPG'') developed 
        jointly by the Department of Veterans Affairs and the Department 
        of Defense defines treatment-resistant depression as at least 
        two adequate treatment trials and lack of full response to each.
            (3) The CPG recommends electro-convulsive therapy (in this 
        subsection referred to as ``ECT'') as a treatment strategy for 
        patients who have failed multiple other treatment strategies.
            (4) The CPG recommends offering repetitive transcranial 
        magnetic stimulation (in this subsection referred to as 
        ``rTMS''), an intervention that is indicated by the Food and 
        Drug Administration, for treatment during a major depressive 
        episode in patients with treatment-resistant MDD.
            (5) The final report of the Creating Options for Veterans' 
        Expedited Recovery Commission (commonly referred to as the 
        ``COVER Commission'') established under section 931 of the Jason 
        Simcakoski Memorial and Promise Act (title IX of Public

[[Page 136 STAT. 5438]]

        Law 114-198; 38 U.S.C. 1701 note) found that treatment-resistant 
        depression is a major issue throughout the mental health 
        treatment system, and that an estimated 50 percent of depressed 
        patients are inadequately treated by available interventions.
            (6) The COVER Commission also reported data collected from 
        the Department of Veterans Affairs that found that only 
        approximately 1,166 patients throughout the Department were 
        referred for ECT in 2018 and only approximately 772 patients 
        were referred for rTMS during that year.

    (b) <<NOTE: Deadline.>>  Analysis.--Not later than 180 days after 
the date of the enactment of this Act, the Secretary of Veterans Affairs 
shall complete an analysis of the feasibility and advisability of making 
repetitive transcranial magnetic stimulation available at all medical 
facilities of the Department of Veterans Affairs and electro-convulsive 
therapy available at one medical center located within each Veterans 
Integrated Service Network for the treatment of veterans who are 
enrolled in the patient enrollment system and have a diagnosis of 
treatment-resistant depression.

    (c) Inclusion of Assessment of Report.--The analysis conducted under 
subsection (b) shall include an assessment of the final report of the 
COVER Commission submitted under section 931(e)(2) of the Jason 
Simcakoski Memorial and Promise Act (title IX of Public Law 114-198; 38 
U.S.C. 1701 note).
    (d) <<NOTE: Assessments.>>  Report.--Not later than 180 days after 
the conclusion of the analysis conducted under subsection (b), the 
Secretary shall submit to the Committee on Veterans' Affairs of the 
Senate and the Committee on Veterans' Affairs of the House of 
Representatives a report that includes the following:
            (1) The results of such analysis.
            (2) An assessment of the number of veterans who are enrolled 
        in the patient enrollment system and who have a diagnosis of 
        treatment-resistant depression per Veterans Integrated Service 
        Network during the two-year period preceding the date of the 
        report.
            (3) An assessment of the number of the veterans who are 
        enrolled in the patient enrollment system who have a diagnosis 
        of treatment-resistant depression and who have received or are 
        currently receiving repetitive transcranial magnetic stimulation 
        or electro-convulsive therapy as a treatment modality during the 
        two-year period preceding the date of the report.
            (4) An assessment of the number and locations of medical 
        centers of the Department that currently provide repetitive 
        transcranial magnetic stimulation to veterans who are enrolled 
        in the patient enrollment system and who have a diagnosis of 
        treatment-resistant depression.
            (5) An assessment of the number and locations of medical 
        centers of the Department that currently provide electro-
        convulsive therapy to veterans who are enrolled in the patient 
        enrollment system and who have a diagnosis of treatment-
        resistant depression.

    (e) Patient Enrollment System Defined.--In this section, the term 
``patient enrollment system'' means the system of annual patient 
enrollment of the Department of Veterans Affairs established and 
operated under section 1705(a) of title 38, United States Code.

[[Page 136 STAT. 5439]]

SEC. 192. <<NOTE: 38 USC 7401 note.>>  MODIFICATION OF RESOURCE 
                        ALLOCATION SYSTEM TO INCLUDE PEER 
                        SPECIALISTS.

    (a) <<NOTE: Deadline.>>  In General.--Not later than one year after 
the date of the enactment of this Act, the Secretary of Veterans Affairs 
shall modify the Veterans Equitable Resource Allocation system, or 
successor system, to ensure that resource allocations under such system, 
or successor system, include peer specialists appointed under section 
7402(b)(13) of title 38, United States Code.

    (b) Veterans Equitable Resource Allocation System Defined.--In this 
section, the term ``Veterans Equitable Resource Allocation system'' 
means the resource allocation system established pursuant to section 429 
of the Departments of Veterans Affairs and House and Urban Development, 
and Independent Agencies Appropriations Act, 1997 (Public Law 104-204; 
110 Stat. 2929).
SEC. 193. GAP ANALYSIS OF PSYCHOTHERAPEUTIC INTERVENTIONS OF THE 
                        DEPARTMENT OF VETERANS AFFAIRS.

    (a) <<NOTE: Deadline.>>  In General.--Not later than 270 days after 
the date of the enactment of this Act, the Secretary of Veterans Affairs 
shall complete a gap analysis throughout the entire health care system 
of the Veterans Health Administration on the use and availability of 
psychotherapeutic interventions recommended in widely used clinical 
practice guidelines as recommended in the final report of the COVER 
Commission submitted under section 931(e)(2) of the Jason Simcakoski 
Memorial and Promise Act (title IX of Public Law 114-198; 38 U.S.C. 1701 
note).

    (b) <<NOTE: Assessments.>>  Elements.--The gap analysis required 
under subsection (a) shall include the following:
            (1) An assessment of the psychotherapeutic interventions 
        available and routinely delivered to veterans at medical centers 
        of the Department of Veterans Affairs within each Veterans 
        Integrated Service Network of the Department.
            (2) An assessment of the barriers faced by medical centers 
        of the Department in offering certain psychotherapeutic 
        interventions and why those interventions are not widely 
        implemented or are excluded from implementation throughout the 
        entire health care system of the Veterans Health Administration.

    (c) Report and Plan.--Not later than 180 days after completing the 
gap analysis under subsection (a), the Secretary shall submit to the 
Committee on Veterans' Affairs of the Senate and the Committee on 
Veterans' Affairs of the House of Representatives--
            (1) a report on the results of the analysis; and
            (2) a plan with measurable, time-limited steps for the 
        Department to implement--
                    (A) to address the gaps that limit access of 
                veterans to care; and
                    (B) to treat various mental health conditions across 
                the entire health care system of the Veterans Health 
                Administration.
SEC. 193A. PROHIBITION ON COLLECTION OF COPAYMENTS FOR FIRST THREE 
                          MENTAL HEALTH CARE OUTPATIENT VISITS OF 
                          VETERANS.

    (a) Prohibition on Collection.--Chapter 17 of title 38, United 
States Code, <<NOTE: 38 USC prec. 1701.>>  is amended by inserting after 
section 1722B

[[Page 136 STAT. 5440]]

the following new section (and conforming the table of sections at the 
beginning of such chapter accordingly):
``Sec. 1722C. <<NOTE: 38 USC 1722C.>>  Copayments: prohibition on 
                    collection of copayments for first three 
                    mental health care outpatient visits of 
                    veterans

    ``(a) Prohibition.--Except as provided in subsection (b), 
notwithstanding section 1710(g) of this title or any other provision of 
law, the Secretary may not impose or collect a copayment for the first 
three mental health care outpatient visits of a veteran in a calendar 
year for which the veteran would otherwise be required to pay a 
copayment under the laws administered by the Secretary.
    ``(b) Copayment for Medications.--The prohibition under subsection 
(a) shall not apply with respect to the imposition or collection of 
copayments for medications pursuant to section 1722A of this title.
    ``(c) Mental Health Care Outpatient Visit Defined.--In this section, 
the term `mental health care outpatient visit' means an outpatient visit 
with a qualified mental health professional for the primary purpose of 
seeking mental health care or treatment for substance abuse disorder.
    ``(d) Sunset.--This section shall terminate on the date that is five 
years after the date of the enactment of the Joseph Maxwell Cleland and 
Robert Joseph Dole Memorial Veterans Benefits and Health Care 
Improvement Act of 2022.''.
    (b) <<NOTE: Effective date. 38 USC 1722C note.>>  Applicability.--
The amendment made by subsection (a) shall apply with respect to mental 
health care outpatient visits occurring on or after the date that is 180 
days after the date of the enactment of this Act.

                        Subtitle I--Other Matters

SEC. 194. REQUIREMENT FOR ONGOING INDEPENDENT ASSESSMENTS OF 
                        HEALTH CARE DELIVERY SYSTEMS AND 
                        MANAGEMENT PROCESSES OF THE DEPARTMENT OF 
                        VETERANS AFFAIRS.

    (a) Ongoing Assessments.--Subchapter I of chapter 17 of title 38, 
United States Code, is amended by inserting after section 1704 the 
following new section:
``Sec. 1704A. <<NOTE: 38 USC 1704A.>>  Independent assessments of 
                    health care delivery systems and management 
                    processes

    ``(a) <<NOTE: Deadline. Contracts.>>  Independent Assessments.--(1) 
Not less frequently than once every 10 years, the Secretary shall enter 
into one or more contracts with a private sector entity or entities 
described in subsection (d) to conduct an independent assessment of the 
hospital care, medical services, and other health care furnished by the 
Department.

    ``(2) Each assessment required under paragraph (1) shall address 
each of the following:
            ``(A) Current and projected demographics and unique health 
        care needs of the patient population served by the Department.
            ``(B) The accuracy of models and forecasting methods used by 
        the Department to project health care demand, including with 
        respect to veteran demographics, rates of use of health care 
        furnished by the Department, the inflation of health care

[[Page 136 STAT. 5441]]

        costs, and such other factors as may be determined relevant by 
        the Secretary.
            ``(C) The reliability and accuracy of models and forecasting 
        methods used by the Department to project the budgetary needs of 
        the Veterans Health Administration and how such models and 
        forecasting methods inform budgetary trends.
            ``(D) The authorities and mechanisms under which the 
        Secretary may furnish hospital care, medical services, and other 
        health care at facilities of the Department and non-Department 
        facilities, including through Federal and private sector 
        partners and at joint medical facilities, and the effect of such 
        authorities and mechanisms on eligibility and access to care.
            ``(E) The organization, workflow processes, and tools used 
        by the Department to support clinical staffing, access to care, 
        effective length-of-stay management and care transitions, 
        positive patient experience, accurate documentation, and 
        subsequent coding of inpatient services.
            ``(F) The efforts of the Department to recruit and retain 
        staff at levels necessary to carry out the functions of the 
        Veterans Health Administration and the process used by the 
        Department to determine staffing levels necessary for such 
        functions.
            ``(G) <<NOTE: Assessments.>>  The staffing level at each 
        medical facility of the Department and the productivity of each 
        health care provider at the medical facility, compared with 
        health care industry performance metrics, which may include the 
        following:
                    ``(i) An assessment of the case load of, and number 
                of patients treated by, each health care provider at 
                such medical facility during an average week.
                    ``(ii) An assessment of the time spent by each such 
                health care provider on matters other than the case load 
                of the health care provider, including time spent by the 
                health care provider as follows:
                          ``(I) At a medical facility that is affiliated 
                      with the Department.
                          ``(II) Conducting research.
                          ``(III) Training or supervising other health 
                      care professionals of the Department.
                    ``(iii) An assessment of the complexity of health 
                care conditions per patient treated by each health care 
                provider at such medical facility during an average 
                week.
            ``(H) The information technology strategies of the 
        Department with respect to furnishing and managing health care, 
        including an identification of any weaknesses or opportunities 
        with respect to the technology used by the Department, 
        especially those strategies with respect to clinical 
        documentation of hospital care, medical services, and other 
        health care, including any clinical images and associated 
        textual reports, furnished by the Department in facilities of 
        the Department or non-Department facilities.
            ``(I) Business processes of the Veterans Health 
        Administration, including processes relating to furnishing non-
        Department health care, insurance identification, third-party 
        revenue collection, and vendor reimbursement, including an 
        identification of mechanisms as follows:
                    ``(i) To avoid the payment of penalties to vendors.

[[Page 136 STAT. 5442]]

                    ``(ii) To increase the collection of amounts owed to 
                the Department for hospital care, medical services, or 
                other health care provided by the Department for which 
                reimbursement from a third party is authorized and to 
                ensure that such amounts collected are accurate.
                    ``(iii) To increase the collection of any other 
                amounts owed to the Department with respect to hospital 
                care, medical services, or other health care and to 
                ensure that such amounts collected are accurate.
                    ``(iv) To increase the accuracy and timeliness of 
                payments by the Department to vendors and providers.
                    ``(v) To reduce expenditures while improving the 
                quality of care furnished.
            ``(J) The purchase, distribution, and use of 
        pharmaceuticals, medical and surgical supplies, medical devices, 
        and health care-related services by the Department, including 
        the following:
                    ``(i) The prices paid for, standardization of, and 
                use by, the Department with respect to the following:
                          ``(I) Pharmaceuticals.
                          ``(II) Medical and surgical supplies.
                          ``(III) Medical devices.
                    ``(ii) The use by the Department of group purchasing 
                arrangements to purchase pharmaceuticals, medical and 
                surgical supplies, medical devices, and health care-
                related services.
                    ``(iii) The strategy and systems used by the 
                Department to distribute pharmaceuticals, medical and 
                surgical supplies, medical devices, and health care-
                related services to Veterans Integrated Service Networks 
                and medical facilities of the Department.
            ``(K) The competency of Department leadership with respect 
        to culture, accountability, reform readiness, leadership 
        development, physician alignment, employee engagement, 
        succession planning, and performance management.
            ``(L) The effectiveness of the authorities and programs of 
        the Department to educate and train health personnel pursuant to 
        section 7302 of this title.
            ``(M) The conduct of medical and prosthetic research of the 
        Department.
            ``(N) The provision of assistance by the Department to 
        Federal agencies and personnel involved in responding to a 
        disaster or emergency.
            ``(O) Such additional matters as may be determined relevant 
        by the Secretary.

    ``(b) Timing.--The private sector entity or entities carrying out an 
assessment pursuant to subsection (a) shall complete such assessment not 
later than 18 months after entering into the contract described in such 
paragraph.
    ``(c) Leveraging of Existing Data and Contracts.--To the extent 
practicable, the private sector entity or entities carrying out an 
assessment pursuant to subsection (a) shall--
            ``(1) make maximum use of existing data that has been 
        compiled by the Department, compiled for the Department, or 
        purchased by the Department, including data that has been 
        collected for--
                    ``(A) the performance of quadrennial market 
                assessments under section 7330C of this title;

[[Page 136 STAT. 5443]]

                    ``(B) the quarterly publication of information on 
                staffing and vacancies with respect to the Veterans 
                Health Administration pursuant to section 505 of the VA 
                MISSION Act of 2018 (Public Law 115-182; 38 U.S.C. 301 
                note); and
                    ``(C) the conduct of annual audits pursuant to 
                section 3102 of the Johnny Isakson and David P. Roe, 
                M.D. Veterans Health Care and Benefits Improvement Act 
                of 2020 (Public Law 116-315; 38 U.S.C. 1701 note).
            ``(2) maximize the use of existing contracts and other 
        agreements of the Department for studies, analysis, data 
        collection, or research in order to efficiently fulfill the 
        requirements of this section.

    ``(d) Private Sector Entities Described.--A private sector entity 
described in this subsection is a private entity that--
            ``(1) has experience and proven outcomes in optimizing the 
        performance of national health care delivery systems, including 
        the Veterans Health Administration, other federal health care 
        systems, and systems in the private, non-profit, or public 
        health care sector;
            ``(2) specializes in implementing large-scale organizational 
        and cultural transformations, especially with respect to health 
        care delivery systems; and
            ``(3) is not currently under contract with the Department to 
        provide direct or indirect patient care or related clinical care 
        services or supplies under the laws administered by the 
        Secretary.

    ``(e) <<NOTE: Contracts. Designation.>>  Program Integrator.--(1) If 
the Secretary enters into contracts with more than one private sector 
entity under subsection (a) with respect to a single assessment under 
such subsection, the Secretary shall designate one such entity as the 
program integrator.

    ``(2) <<NOTE: Assessments.>>  The program integrator designated 
pursuant to paragraph (1) shall be responsible for coordinating the 
outcomes of the assessments conducted by the private sector entities 
pursuant to such contracts.

    ``(f) <<NOTE: Recommenda- tions.>>  Reports.--(1)(A) Not later than 
60 days after completing an assessment pursuant to subsection (a), the 
private sector entity or entities carrying out such assessment shall 
submit to the Secretary and the Committee on Veterans' Affairs of the 
Senate and the Committee on Veterans' Affairs of the House of 
Representatives a report on the findings and recommendations of the 
private sector entity or entities with respect to such assessment.

    ``(B) Each report under subparagraph (A) with respect to an 
assessment shall include an identification of the following:
            ``(i) Any changes with respect to the matters included in 
        such assessment since the date that is the later of the 
        following:
                    ``(I) The date on which the independent assessment 
                under section 201 of the Veterans Access, Choice, and 
                Accountability Act of 2014 (Public Law 113-146; 38 
                U.S.C. 1701 note) was completed.
                    ``(II) The date on which the last assessment under 
                subsection (a) was completed.
            ``(ii) <<NOTE: Recommenda- tions.>>  Any recommendations 
        regarding matters to be covered by subsequent assessments under 
        subsection (a), including any additional matters to include for 
        assessment or previously assessed matters to exclude.

[[Page 136 STAT. 5444]]

    ``(2) <<NOTE: Federal Register, publication.>>  Not later than 30 
days after receiving a report under paragraph (1), the Secretary shall 
publish such report in the Federal Register and on a publicly accessible 
internet website of the Department.

    ``(3) <<NOTE: Timeline. Costs.>>  Not later than 90 days after 
receiving a report under paragraph (1), the Secretary shall submit to 
the Committee on Veterans' Affairs of the Senate and the Committee on 
Veterans' Affairs of the House of Representatives a report outlining the 
feasibility and advisability of implementing the recommendations made by 
the private sector entity or entities in such report received, including 
an identification of the timeline, cost, and any legislative authorities 
necessary for such implementation.

    ``(g) Sunset.--The requirement to enter into contracts under 
subsection (a) shall terminate on December 31, 2055.''.
    (b) Clerical Amendments.--The table of sections at the beginning of 
such subchapter <<NOTE: 38 USC prec. 1701.>>  is amended by inserting 
after the item relating to section 1704 the following new item:

``1704A. Independent assessments of health care delivery systems and 
           management processes.''.

    (c) <<NOTE: 38 USC 1704A note.>>  Deadline for Initial Assessment.--
The initial assessment under section 1704A of title 38, United States 
Code, as added by subsection (a), shall be completed by not later than 
December 31, 2025.
SEC. 195. IMPROVED TRANSPARENCY OF, ACCESS TO, AND USABILITY OF 
                        DATA PROVIDED BY DEPARTMENT OF VETERANS 
                        AFFAIRS.

    (a) Review of Timeliness and Quality of Care Data.--
            (1) <<NOTE: Deadline.>>  In general.--Not later than 180 
        days after the date of the enactment of this Act, the Secretary 
        of Veterans Affairs shall complete a review of data that is 
        publicly available on the Access to Care internet website of the 
        Department of Veterans Affairs (or successor website)) (in this 
        section referred to as the ``Website'').
            (2) Analysis.--The review under paragraph (1) shall include 
        an analysis of the access to and usability of the publicly 
        available data on the Website, including a review of the 
        availability of the following data:
                    (A) Any numeric indicators relating to timely care, 
                effective care, safety, and veteran-centered care that 
                the Secretary collects at medical facilities of the 
                Department pursuant to section 1703C of title 38, United 
                States Code.
                    (B) The patient wait times information required by 
                subsection (a) of section 206 of the Veterans Access, 
                Choice, and Accountability Act of 2014 (Public Law 113-
                146; 128 Stat. 1780); and
                    (C) the patient safety, quality of care, and outcome 
                measures required by subsection (b) of such section 206.
            (3) Consultation.--In conducting the review under paragraph 
        (1) of data described in such paragraph, the Secretary shall 
        consult with veterans service organizations, veterans, and 
        caregivers of veterans from geographically diverse areas and 
        representing different eras of service in the Armed Forces to 
        gather insights about potential modifications that could help 
        improve the understanding and use of such data.
            (4) <<NOTE: Assessment.>>  Report.--Not later than 30 days 
        after completing the review under paragraph (1), the Secretary 
        shall submit to the

[[Page 136 STAT. 5445]]

        Committee on Veterans' Affairs of the Senate and the Committee 
        on Veterans' Affairs of the House of Representatives a report on 
        the outcome of the review, including an assessment of how the 
        Secretary plans to modify the presentation of data described in 
        such paragraph in light of the findings of the review.

    (b) <<NOTE: 38 USC 1701 note.>>  Requirements of Website.--
            (1) <<NOTE: Deadline.>>  In general.--Not later than one 
        year after the date of the enactment of this Act, in addition to 
        the requirements of section 206(b)(4) of the Veterans Access, 
        Choice, and Accountability Act of 2014 (Public Law 113-146; 128 
        Stat. 1781), the Secretary shall ensure that the Website meets 
        the following requirements:
                    (A) The Website is directly accessible from--
                          (i) the main homepage of the publicly 
                      accessible internet website of the Department; and
                          (ii) the main homepage of the publicly 
                      accessible internet website of each medical center 
                      of the Department.
                    (B) Where practicable, the Website is organized and 
                searchable by each medical center of the Department.
                    (C) The Website is easily understandable and usable 
                by the general public.
            (2) Consultation and contract authority.--In carrying out 
        the requirements of paragraph (1)(C), the Secretary--
                    (A) shall consult with--
                          (i) veterans service organizations; and
                          (ii) veterans and caregivers of veterans from 
                      geographically diverse areas and representing 
                      different eras of service in the Armed Forces; and
                    (B) <<NOTE: Contracts.>>  may enter into a contract 
                to design the Website with a company, non-profit entity, 
                or other entity specializing in website design that has 
                substantial experience in presenting health care data 
                and information in a easily understandable and usable 
                manner to patients and consumers.

    (c) Accuracy of Data.--
            (1) <<NOTE: Deadline. Audit.>>  Annual process.--Not later 
        than 18 months after the date of the enactment of this Act, the 
        Secretary shall develop and implement a process to annually 
        audit a generalizable subset of the data contained on the 
        Website to assess the accuracy and completeness of the data.
            (2) Criteria.--The Secretary shall ensure that each audit 
        under paragraph (1)--
                    (A) <<NOTE: Determination.>>  determines the extent 
                that the medical record information, clinical 
                information, data, and documentation provided by each 
                medical facility of the Department that is used to 
                calculate the information on the Website is accurate and 
                complete;
                    (B) identifies any deficiencies in the recording of 
                medical record information, clinical information, or 
                data by medical facilities of the Department that 
                affects the accuracy and completeness of the information 
                on the Website; and
                    (C) <<NOTE: Recommenda- tions.>>  provides 
                recommendations to medical facilities of the Department 
                on how to--

[[Page 136 STAT. 5446]]

                          (i) improve the accuracy and completeness of 
                      the medical record information, clinical 
                      information, data, and documentation that is used 
                      to calculate the information on the Website; and
                          (ii) ensure that each medical facility of the 
                      Department provides such information in a uniform 
                      manner.
            (3) Annual report.--Not later than two years after the date 
        of the enactment of this Act, and annually thereafter, the 
        Secretary shall submit to the Committee on Veterans' Affairs of 
        the Senate and the Committee on Veterans' Affairs of the House 
        of Representatives a report on the findings of each audit under 
        paragraph (1).

                       TITLE II--BENEFITS MATTERS

                     Subtitle A--Benefits Generally

SEC. 201. IMPROVEMENTS TO PROCESS OF THE DEPARTMENT OF VETERANS 
                        AFFAIRS FOR CLOTHING ALLOWANCE CLAIMS.

    (a) Short Title.--This section may be cited as the .
    (b) Process for Clothing Allowance Claims.--Section 1162 of title 
38, United States Code, is amended--
            (1) by striking ``The Secretary under'' and inserting:

    ``(a) Eligibility Requirements.--The Secretary, under'';
            (2) in paragraph (2)--
                    (A) by striking ``which (A) a physician'' and 
                inserting: ``which--''
                    ``(A) a physician''; and
                    (B) by striking ``, and (B) the Secretary'' and 
                inserting the following: ``; and
                    ``(B) the Secretary''; and
            (3) by adding at the end the following new subsections:

    ``(b) Continuous Nature of Payments.--Payments made to a veteran 
under subsection (a) shall continue on an automatically recurring annual 
basis until the earlier of the following:
            ``(1) The date on which the veteran elects to no longer 
        receive such payments.
            ``(2) <<NOTE: Determination.>>  The date on which the 
        Secretary determines the veteran is no longer eligible pursuant 
        to subsection (c).

    ``(c) Reviews of Claims.--(1) The Secretary shall, in accordance 
with this subsection, conduct reviews of a claim on which a clothing 
allowance for a veteran under subsection (a) is based to determine the 
continued eligibility of the veteran for such allowance.
    ``(2) <<NOTE: Standards.>>  The Secretary shall prescribe standards 
for determining whether a claim for a clothing allowance is based on a 
veteran's wearing or use of a prosthetic, orthopedic appliance 
(including a wheelchair), or medication whose wear or tear or 
irreparable damage on a veteran's outergarments or clothing is as likely 
as not subject to no change for the duration of such wearing or use.

    ``(3)(A) <<NOTE: Determination.>>  If the Secretary determines, 
pursuant to standards prescribed under paragraph (2), that a claim for a 
clothing allowance is based on wear or tear or irreparable damage that 
is as likely as not subject to no change, the veteran shall continue to 
be deemed eligible for receipt of a clothing allowance under this 
section until the Secretary--
            ``(i) <<NOTE: Notice.>>  receives notice under subparagraph 
        (B); or

[[Page 136 STAT. 5447]]

            ``(ii) finds otherwise under subparagraph (C) or (D).

    ``(B) <<NOTE: Requirement. Notification.>>  The Secretary shall 
require a veteran who is receiving a clothing allowance under subsection 
(a), based on the wearing or use of a prosthetic, orthopedic appliance 
(including a wheelchair), or medication, to notify the Secretary when 
the veteran terminates the wearing or use of such a prosthetic, 
orthopedic appliance, or medication.

    ``(C) <<NOTE: Review.>>  For each veteran who is receiving a 
clothing allowance under subsection (a), based on the wearing or use of 
a prosthetic, orthopedic appliance (including a wheelchair), or 
medication, the Secretary shall periodically review the veteran's 
Department records for evidence that the veteran has terminated the 
wearing or use of such a prosthetic, orthopedic appliance, or 
medication.

    ``(D) If a veteran who is receiving a clothing allowance under 
subsection (a), based on the wearing or use of a prosthetic, orthopedic 
appliance (including a wheelchair), or medication, has received such 
clothing allowance beyond the prescribed or intended lifespan of such 
prosthetic, orthopedic appliance, or medication, the Secretary may 
periodically request the veteran to attest to continued usage.
    
``(4) <<NOTE: Determination. Requirement. Certification. Deadline.>>  If 
the Secretary determines that a claim for a clothing allowance under 
subsection (a) does not meet the requirements of paragraph (3)(A), then 
the Secretary may require the veteran to recertify the veteran's 
continued eligibility for a clothing allowance under this section 
periodically, but not more frequently than once each year.

    ``(5) <<NOTE: Evaluation.>>  When reviewing a claim under this 
subsection, the Secretary shall evaluate the evidence presented by the 
veteran and such other relevant evidence as the Secretary determines 
appropriate.

    ``(d) Determination Regarding Continued Eligibility.--If the 
Secretary determines, as the result of a review of a claim conducted 
under subsection (c), that the veteran who submitted such claim no 
longer meets the requirements specified in subsection (a), the Secretary 
shall--
            ``(1) <<NOTE: Notice.>>  provide to the veteran notice of 
        such determination that includes a description of applicable 
        actions that may be taken following the determination, including 
        the actions specified in section 5104C of this title; and
            ``(2) discontinue the clothing allowance based on such 
        claim.''.

    (c) <<NOTE: 38 USC 1162 note.>>  Applicability.--The amendments made 
by subsection (b) shall apply with respect to--
            (1) claims for clothing allowance submitted on or after the 
        date of the enactment of this Act; and
            (2) claims for clothing allowance submitted prior to the 
        date of the enactment of this Act, if the veteran who submitted 
        such claim is in receipt of the clothing allowance as of the 
        date of the enactment of this Act.
SEC. 202. MEDICAL OPINIONS FOR CERTAIN VETERANS WITH SERVICE-
                        CONNECTED DISABILITIES WHO DIE OF COVID-
                        19.

    (a) <<NOTE: Determination. 38 USC 1164 note.>>  In General.--The 
Secretary of Veterans Affairs shall secure a medical opinion to 
determine if a service-connected disability was the principal or 
contributory cause of death before notifying the survivor of the final 
decision in any case in which all of the following factors are met:

[[Page 136 STAT. 5448]]

            (1) A claim for compensation is filed under chapter 13 of 
        title 38, United States Code, with respect to a veteran with one 
        or more service-connected disabilities who dies.
            (2) The death certificate for the veteran identifies 
        Coronavirus Disease 2019 (COVID-19) as the principal or 
        contributory cause of death.
            (3) The death certificate does not clearly identify any of 
        the service-connected disabilities of the veteran as the 
        principal or contributory cause of death.
            (4) A service-connected disability of the veteran includes a 
        condition more likely to cause severe illness from COVID-19 as 
        determined by the Centers for Disease Control and Prevention.
            (5) The claimant is not entitled to benefits under section 
        1318 of such title.
            (6) The evidence to support the claim does not result in a 
        preliminary finding in favor of the claimant.

    (b) Outreach.--The Secretary shall provide information to veterans, 
dependents, and veterans service organizations about applying to 
dependency and indemnity compensation when a veteran dies from COVID-
19. <<NOTE: Web posting.>>  The Secretary shall provide such information 
through the website of the Department of Veterans Affairs and via other 
outreach mechanisms.

    (c) Annual Report.--
            (1) In general.--Not later than one year after the date of 
        the enactment of this Act, and annually thereafter for five 
        years, the Secretary shall submit to the Committee on Veterans' 
        Affairs of the Senate and the Committee on Veterans' Affairs of 
        the House of Representatives a report on the effects of the 
        requirement to secure medical opinions pursuant to such 
        subsection on dependency and indemnity compensation benefits 
        under chapter 13 of title 38, United States Code.
            (2) Contents.--Each report submitted under paragraph (1) 
        shall include, with respect to the year for which the report is 
        submitted, the following:
                    (A) The total number of dependency and indemnity 
                compensation claims filed.
                    (B) The number and percentage of dependency and 
                indemnity compensation claims for which a disposition 
                has been made, disaggregated by whether the disposition 
                was a grant, denial, deferral, or withdrawal.
                    (C) The accuracy rate for all dependency and 
                indemnity compensation claims.
                    (D) The total number of covered claims filed.
                    (E) The number and percentage of covered claims for 
                which a disposition has been made, disaggregated by 
                whether the disposition was a grant, denial, deferral, 
                or withdrawal.
                    (F) The accuracy rate for covered claims.
                    (G) The total number and cost of medical opinions 
                secured by the Secretary pursuant to subsection (a).

    (d) Study on Claims Denied Prior to Enactment.--
            (1) <<NOTE: Reports.>>  Study.--Not later than 180 days 
        after the date of the enactment of this Act, the Secretary shall 
        complete a study on covered claims that were denied prior to the 
        date of the enactment of this Act and submit to the Committee on 
        Veterans' Affairs of the Senate and the Committee on Veterans' 
        Affairs

[[Page 136 STAT. 5449]]

        of the House of Representatives a report on the findings of the 
        Secretary with respect to such study, including a description of 
        any improvements made as a result of such study to trainings of 
        the Department of Veterans Affairs relating to dependency and 
        indemnity compensation claims.
            (2) Methodology.--In carrying out the study under paragraph 
        (1), the Secretary shall use a statistically valid, random 
        sample of covered claims.
            (3) Elements.--The study under paragraph (1) shall include, 
        with respect to covered claims denied prior to the date of the 
        enactment of this Act, the following elements:
                    (A) <<NOTE: Review.>>  A review of whether the 
                individuals processing such covered claims--
                          (i) correctly applied applicable laws, 
                      regulations, and policies, operating procedures, 
                      and guidelines of the Department of Veterans 
                      Affairs relating to the adjudication of dependency 
                      and indemnity compensation claims; and
                          (ii) completed all necessary claim development 
                      actions prior to making a disposition for the 
                      claim.
                    (B) An identification of--
                          (i) the total number of covered claims 
                      reviewed under the study;
                          (ii) the number and percentage of such covered 
                      claims the processing of which involved errors;
                          (iii) the top five claims processing errors 
                      and the number of such covered claims the 
                      processing of which involved any of such five 
                      errors.

    (e) Study on Claims Denied Following Enactment.--
            (1) <<NOTE: Reports.>>  Study.--Not later than two years 
        after the date of the enactment of this Act, the Secretary shall 
        complete a study on covered claims that have been denied 
        following the date of the enactment of this Act and submit to 
        the Committee on Veterans' Affairs of the Senate and the 
        Committee on Veterans' Affairs of the House of Representatives a 
        report on the findings of the Secretary with respect to such 
        study, including a description of any improvements made as a 
        result of such study to trainings of the Department of Veterans 
        Affairs relating to dependency and indemnity compensation 
        claims.
            (2) Methodology.--In carrying out the study under paragraph 
        (1), the Secretary shall use a statistically valid, random 
        sample of covered claims.
            (3) Elements.--The study under paragraph (1) shall include, 
        with respect to covered claims denied following the date of the 
        enactment of this Act, each of the elements specified in 
        subsection (d)(3).

    (f) Covered Claim Defined.--In this section, the term ``covered 
claim'' means a dependency and indemnity compensation claim filed with 
respect to a veteran the death certificate of whom identifies COVID-19 
as the principal or contributory cause of death.
SEC. 203. ENHANCED LOAN UNDERWRITING METHODS.

    (a) In General.--Section 3710 of title 38, United States Code, is 
amended by adding at the end the following new subsection:
    ``(i)(1) <<NOTE: Regulations. Guidance.>>  The Secretary, in 
consultation with the advisory group established under paragraph (3)(A), 
shall prescribe regulations and

[[Page 136 STAT. 5450]]

issue guidance to assist lenders in evaluating the sufficiency of the 
residual income of a veteran pursuant to paragraph (2).

    ``(2)(A) Pursuant to the regulations and guidance prescribed under 
paragraph (1), in the case of a loan to a veteran to be guaranteed under 
this chapter, if the veteran provides to the lender an energy efficiency 
report described in subparagraph (B) --
            ``(i) <<NOTE: Evaluation.>>  the evaluation by the lender of 
        the sufficiency of the residual income of the veteran shall 
        include a consideration of the estimate of the expected energy 
        cost savings contained in the report; and
            ``(ii) the lender may apply the underwriting expertise of 
        the lender in adjusting the residual income of the veteran in 
        accordance with the information in the report.

    ``(B) An energy efficiency report described in this subparagraph is 
a report made with respect to a home for which a loan is to be 
guaranteed under this chapter that includes each of the following:
            ``(i) <<NOTE: Estimate.>>  An estimate of the expected 
        energy cost savings specific to the home, based on specific 
        information about the home, including savings relating to 
        electricity or natural gas, oil, and any other fuel regularly 
        used to supply energy to the home.
            ``(ii) Any information required to be included pursuant to 
        the regulations and guidance and regulations prescribed by the 
        Secretary under paragraph (1).
            ``(iii) Information with respect to the energy efficiency of 
        the home as determined pursuant to--
                    ``(I) the Residential Energy Service Network's Home 
                Energy Rating System (commonly know as `HERS') by an 
                individual certified by such Network; or
                    ``(II) an other method determined appropriate by the 
                Secretary, in consultation with the advisory group under 
                paragraph (3), including with respect to third-party 
                quality assurance procedures.

    ``(3)(A) <<NOTE: Establishment.>>  To assist the Secretary in 
carrying out this subsection, the Secretary shall establish an advisory 
group consisting of individuals representing the interests of--
            ``(i) mortgage lenders;
            ``(ii) appraisers;
            ``(iii) energy raters and residential energy consumption 
        experts;
            ``(iv) energy efficiency organizations;
            ``(v) real estate agents;
            ``(vi) home builders and remodelers;
            ``(vii) consumer advocates;
            ``(viii) veterans' service organizations; and
            ``(ix) other persons determined appropriate by the 
        Secretary.

    ``(B) The advisory group established under subparagraph (A) shall 
not be subject to the Federal Advisory Committee Act (5 U.S.C. App.).
    ``(4) The Secretary shall ensure that marketing materials that the 
Secretary provides to veterans with respect to loans guaranteed under 
this chapter include information regarding the use of energy efficiency 
reports under this subsection.
    ``(5) <<NOTE: Reports.>>  Not later than one year after the date on 
which the Secretary issues the regulations and guidance pursuant to 
paragraph

[[Page 136 STAT. 5451]]

(2), <<NOTE: Public information. Reports.>>  and every year thereafter, 
the Secretary shall submit to Congress and make publicly available a 
report that includes the following information for the year covered by 
the report:
            ``(A) An enumeration of the number of loans guaranteed under 
        this chapter for which a veteran provided to the Secretary an 
        energy efficiency report under this subsection, including the 
        number of such loans for which cost savings were taken into 
        account pursuant to paragraph (1).
            ``(B) Of the number of loans enumerated under subparagraph 
        (A), an enumeration of the default rates and rates of 
        foreclosure, including how such enumeration compares with the 
        default rates and rates of foreclosure for guaranteed loans for 
        which no energy efficiency report is provided.''.

    (b) Clarification of Requirements Regarding Energy Efficiency 
Standards.--Section 3704(f) of such title is amended by striking ``such 
standards'' and inserting the following: ``the standards established 
under such section 109, as in effect on the date of such construction''.
SEC. 204. DEPARTMENT OF VETERANS AFFAIRS LOAN FEES.

    The loan fee table in section 3729(b)(2) of title 38, United States 
Code, is amended by striking ``January 14, 2031'' each place it appears 
and inserting ``November 14, 2031''.

                          Subtitle B--Education

SEC. 211. <<NOTE: Native VetSuccess at Tribal Colleges and 
                        Universities Pilot Program Act.>>  NATIVE 
                        VETSUCCESS AT TRIBAL COLLEGES AND 
                        UNIVERSITIES PILOT PROGRAM.

    (a) <<NOTE: 38 USC 3697B note.>>  Short Title.--This section may be 
cited as the ``Native VetSuccess at Tribal Colleges and Universities 
Pilot Program Act''.

    (b) Pilot Program.--
            (1) <<NOTE: Deadline.>>  In general.--Not later than 18 
        months after the date of the enactment of this Act, the 
        Secretary of Veterans Affairs shall commence carrying out a 
        pilot program to assess the feasibility and advisability of 
        expanding the VetSuccess on Campus program to additional Tribal 
        colleges and universities.
            (2) Designation.--The pilot program carried out under 
        paragraph (1) shall be known as the ``Native VetSuccess at 
        Tribal Colleges and Universities Pilot Program''.

    (c) Duration.--The Secretary shall carry out the pilot program 
required by subsection (b)(1) during the five-year period beginning on 
the date of the commencement of the pilot program.
    (d) Parameters.--Under the pilot program required by subsection 
(b)(1) the Secretary shall--
            (1) identify three regional Native VetSuccess service areas 
        consisting of at least two participating Tribal colleges or 
        universities that do not already have a VetSuccess program, 
        counselor, or outreach coordinator; and
            (2) assign to each regional Native VetSuccess service area a 
        VetSuccess on Campus counselor and a full-time Vet Center 
        outreach coordinator, both of whom shall--
                    (A) be based on one or more of the participating 
                Tribal colleges or universities in the service area; and
                    (B) provide for eligible students at such 
                participating colleges and universities with all 
                services for which such

[[Page 136 STAT. 5452]]

                students would be eligible under the VetSuccess on 
                Campus program of the Department of Veterans Affairs.

    (e) Eligible Students.--For purposes of the pilot program, an 
eligible student is a student who is a veteran, member of the Armed 
Forces, or dependent of a veteran or member of the Armed Forces who is 
eligible for any service or benefit under the VetSuccess on Campus 
program of the Department.
    (f) Consultation Requirement.--In developing the pilot program 
required by subsection (b)(1), the Secretary shall, acting through the 
Veteran Readiness and Employment Program of the Department of Veterans 
Affairs and in coordination with the Office of Tribal Government 
Relations of the Department, consult with Indian Tribes, and Tribal 
organizations, and seek comment from the Advisory Committee on Tribal 
and Indian Affairs of the Department, and veterans service organizations 
regarding each of the following:
            (1) The design of the pilot program.
            (2) The process for selection of the three regional Native 
        VetSuccess service areas and participating Tribal colleges and 
        universities, taking into consideration--
                    (A) the number of eligible students enrolled in the 
                college or university and in the regional service area;
                    (B) the capacity of the colleges and universities in 
                the regional service area to accommodate a full-time 
                VetSuccess on Campus counselor and a full-time Vet 
                Center outreach coordinator;
                    (C) barriers in specific regional service areas that 
                prevent native veterans' access to benefits and services 
                under the laws administered by the Secretary; and
                    (D) any other factor that the Secretary, in 
                consultation with Indian Tribes and Tribal 
                organizations, and after considering input from veterans 
                service organizations and the Advisory Committee on 
                Tribal and Indian Affairs identifies as relevant.
            (3) The most effective way to provide culturally competent 
        outreach and services to eligible students at Tribal colleges 
        and universities.

    (g) <<NOTE: Notice.>>  Outreach to Colleges and Universities.--The 
Secretary shall provide notice of the pilot program to all Tribal 
colleges and universities and encourage all Tribal colleges and 
universities to coordinate with each other to create regional service 
areas to participate in the pilot program.

    (h) Briefings and Reports.--
            (1) Implementation briefing.--Not later than one year after 
        the date of the enactment of this Act, the Secretary shall 
        provide the appropriate committees of Congress a briefing on--
                    (A) the design, structure, and objectives of the 
                pilot program required by subsection (b)(1); and
                    (B) the three regional Native Vet Success service 
                areas and the Tribal colleges and universities selected 
                for participation in the pilot program and the reason 
                for the selection of such service areas and such 
                colleges and universities.
            (2) Report.--
                    (A) In general.--Not later than four years after the 
                date on which the Secretary commences the pilot program 
                under subsection (b)(1), the Secretary shall submit to 
                the

[[Page 136 STAT. 5453]]

                appropriate committees of Congress a report on the pilot 
                program.
                    (B) Contents.--The report submitted under 
                subparagraph (A) shall include each of the following:
                          (i) The number of eligible students provided 
                      services through the pilot program.
                          (ii) The types of services that eligible 
                      students received through the pilot program.
                          (iii) The graduation rate of eligible students 
                      who received services through the pilot program 
                      and graduation rate of eligible students who did 
                      not receive services through the pilot program.
                          (iv) The rate of employment within one year of 
                      graduation for eligible students who received 
                      services through the pilot program.
                          (v) Feedback from each Tribal college or 
                      university that participated in the pilot program, 
                      including on the regional nature of the program.
                          (vi) <<NOTE: Analysis.>>  Analysis of the 
                      feasibility of expanding a regionally based Native 
                      VetSuccess at Tribal Colleges and Universities 
                      Program, including an explanation of the 
                      challenges of such a model due to issues with 
                      distance, communication, and coordination, and to 
                      the level of unmet services.
                          (vii) A detailed proposal regarding a long-
                      term extension of the pilot program, including a 
                      budget, unless the Secretary determines that such 
                      an extension is not appropriate.

    (i) Definitions.--In this section:
            (1) Appropriate committee of congress.--The term 
        ``appropriate committees of Congress'' means--
                    (A) the Committee on Veterans' Affairs and the 
                Committee on Indian Affairs of the Senate; and
                    (B) the Committee on Veterans' Affairs and the 
                Committee on Natural Resources of the House of 
                Representatives.
            (2) Culturally competent.--The term ``culturally competent'' 
        means considerate of the unique values, customs, traditions, 
        cultures, and languages of Native American veterans.
            (3) Tribal college or university.--The term ``Tribal college 
        or university'' has the meaning given the term ``Tribal College 
        or University'' under section 316 of the Higher Education Act of 
        1965 (20 U.S.C. 1059c).
            (4) Tribal organization.--The term ``Tribal organization'' 
        has the meaning given that term in section 4 of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 5304).
SEC. 212. EDUCATION FOR SEPARATING MEMBERS OF THE ARMED FORCES 
                        REGARDING REGISTERED APPRENTICESHIPS.

    Section 1144(b)(1) of title 10, United States Code, is amended by 
inserting ``(including apprenticeship programs approved under chapters 
30 through 36 of title 38)'' after ``employment opportunities''.

[[Page 136 STAT. 5454]]

SEC. 213. <<NOTE: 38 USC 4102A note.>>  WEBSITES REGARDING 
                        APPRENTICESHIP PROGRAMS.

    (a) Website Under the Jurisdiction of Secretary of 
Labor. <<NOTE: Public information.>> --The Assistant Secretary of Labor 
for Veterans' Employment and Training, in coordination with the 
Secretary of Veterans Affairs, shall establish a user-friendly website 
(or update an existing website) that is available to the public on which 
veterans can find information about apprenticeship programs registered 
under the Act of August 16, 1937 (50 Stat. 664; commonly referred to as 
the ``National Apprenticeship Act'') and approved under chapters 30 
through 36 of title 38, United States Code. Such information shall be 
searchable and sortable by occupation and location, and include, with 
regard to each such program, the following:
            (1) A description, including any cost to a veteran.
            (2) Contact information.
            (3) Whether the program has been endorsed by a veterans 
        service organization or nonprofit organization that caters to 
        veterans.
            (4) Whether the program prefers to hire veterans.
            (5) Each certification or degree an individual earns by 
        completing the program.

    (b) <<NOTE: Update.>>  Coordination With Other Website.--The 
Assistant Secretary shall update all information regarding programs for 
veterans listed on apprenticeship.gov (or any successor website) to 
include the information specified under subsection (a).
SEC. 214. TRANSFER OF ENTITLEMENT TO POST-9/11 EDUCATIONAL 
                        ASSISTANCE PROGRAM OF DEPARTMENT OF 
                        VETERANS AFFAIRS.

    (a) In General.--Paragraph (4) of section 3319(h) of title 38, 
United States Code, is amended to read as follows:
            ``(4) Death of transferor.--
                    ``(A) In general.--The death of an individual 
                transferring an entitlement under this section shall not 
                affect the use of the entitlement by the dependent to 
                whom the entitlement is transferred.
                    ``(B) Death prior to transfer to designated 
                transferees.--(i) In the case of an eligible individual 
                whom the Secretary has approved to transfer the 
                individual's entitlement under this section who, at the 
                time of death, is entitled to educational assistance 
                under this chapter and has designated a transferee or 
                transferees under subsection (e) but has not transferred 
                all of such entitlement to such transferee or 
                transferees, the Secretary shall transfer the 
                entitlement of the individual under this section by 
                evenly distributing the amount of such entitlement 
                between all such transferees who would not be precluded 
                from using some or all of the transferred benefits due 
                to the expiration of time limitations found in paragraph 
                (5) of this subsection or section 3321 of this title, 
                notwithstanding the limitations under subsection (f).
                    ``(ii) If a transferee cannot use all of the 
                transferred benefits under clause (i) because of 
                expiration of a time limitation, the unused benefits 
                will be distributed among the other designated 
                transferees who would not be precluded from using some 
                or all of the transferred benefits due to expiration of 
                time limitations found in paragraph (5) of this 
                subsection or section 3321 of this title, unless

[[Page 136 STAT. 5455]]

                or until there are no transferees who would not be 
                precluded from using the transferred benefits because of 
                expiration of a time limitation.''.

    (b) <<NOTE: 38 USC 3319 note.>>  Applicability.--Paragraph (4)(B) of 
section 3319(h) of title 38, United States Code, shall apply with 
respect to an eligible individual who dies on or after November 1, 2018.
SEC. 215. USE OF ENTITLEMENT UNDER DEPARTMENT OF VETERANS AFFAIRS 
                        SURVIVORS' AND DEPENDENTS' EDUCATIONAL 
                        ASSISTANCE PROGRAM FOR SECONDARY SCHOOL 
                        EDUCATION.

    (a) In General.--Section 3501(a)(6) of title 38, United States Code, 
is amended--
            (1) by striking ``secondary school,''; and
            (2) by striking ``secondary school level'' and inserting 
        ``postsecondary school level''.

    (b) <<NOTE: 38 USC 3501 note.>>  Effective Date.--The amendment made 
by subsection (a) shall take effect on August 1, 2026, and shall apply 
with respect to an academic period that begins on or after that date.
SEC. 216. ESTABLISHMENT OF PROTECTIONS FOR A MEMBER OF THE ARMED 
                        FORCES WHO LEAVES A COURSE OF EDUCATION, 
                        PAID FOR WITH CERTAIN EDUCATIONAL 
                        ASSISTANCE, TO PERFORM CERTAIN SERVICE.

    (a) Establishment.--Chapter 36 of title 38, United States Code, 
amended by inserting after section 3691 the following new section:
``Sec. 3691A. <<NOTE: 38 USC 3691A.>>  Withdrawal or leave of 
                    absence from certain education

    ``(a) In General.--(1) A covered member may, after receiving orders 
to enter a period of covered service, withdraw or take a leave of 
absence from covered education.
    ``(2)(A) The institution concerned may not take any adverse action 
against a covered member on the basis that such covered member withdraws 
or takes a leave of absence under paragraph (1).
    ``(B) Adverse actions under subparagraph (A) include the following:
            ``(i) The assignment of a failing grade to a covered member 
        for covered education.
            ``(ii) The reduction of the grade point average of a covered 
        member for covered education.
            ``(iii) The characterization of any absence of a covered 
        member from covered education as unexcused.
            ``(iv) The assessment of any financial penalty against a 
        covered member.

    ``(b) Withdrawal.--If a covered member withdraws from covered 
education under subsection (a), the institution concerned shall refund 
all tuition and fees (including payments for housing) for the academic 
term from which the covered member withdraws.
    ``(c) Leave of Absence.--If a covered member takes a leave of 
absence from covered education under subsection (a), the institution 
concerned shall--
            ``(1) assign a grade of `incomplete' (or equivalent) to the 
        covered member for covered education for the academic term from 
        which the covered member takes such leave of absence; and

[[Page 136 STAT. 5456]]

            ``(2) to the extent practicable, permit the covered member, 
        upon completion of the period covered service, to complete such 
        academic term.

    ``(d) Definitions.--In this section:
            ``(1) The term `covered education' means a course of 
        education--
                    ``(A) at an institution of higher education; and
                    ``(B) paid for with educational assistance furnished 
                under a law administered by the Secretary.
            ``(2) The term `covered member' means a member of the Armed 
        Forces (including the reserve components) enrolled in covered 
        education.
            ``(3) The term `covered service' means--
                    ``(A) active service or inactive-duty training, as 
                such terms are defined in section 101 of title 10; or
                    ``(B) State active duty, as defined in section 4303 
                of this title.
            ``(4) The term `institution concerned' means, with respect 
        to a covered member, the institution of higher education where 
        the covered member is enrolled in covered education.
            ``(5) The term `institution of higher education' has the 
        meaning given such term in section 101 of the Higher Education 
        Act of 1965 (20 U.S.C. 1001).
            ``(6) The term `period of covered service' means the period 
        beginning on the date on which a covered member enters covered 
        service and ending on the date on which the covered member is 
        released from covered service or dies while in covered 
        service.''.

    (b) Clerical Amendment.--The table of contents at the beginning of 
such chapter is <<NOTE: 38 USC prec. 3670.>>  amended by inserting after 
the item relating to section 3691 the following new item:

``3691A.Withdrawal or leave of absence from certain education.''.

 Subtitle C <<NOTE: GI Bill National Emergency Extended Deadline Act of 
2022.>> --GI Bill National Emergency Extended Deadline Act
SEC. 231. <<NOTE: 38 USC 101 note.>>  SHORT TITLE.

    This subtitle may be cited as the ``GI Bill National Emergency 
Extended Deadline Act of 2022''.
SEC. 232. EXTENSION OF TIME LIMITATION FOR USE OF ENTITLEMENT 
                        UNDER DEPARTMENT OF VETERANS AFFAIRS 
                        EDUCATIONAL ASSISTANCE PROGRAMS BY REASON 
                        OF SCHOOL CLOSURES DUE TO EMERGENCY AND 
                        OTHER SITUATIONS.

    (a) Montgomery GI Bill.--Section 3031 of title 38, United States 
Code, is amended--
            (1) in subsection (a), by inserting ``and subsection (i)'' 
        after ``through (g)''; and
            (2) by adding at the end the following new subsection:

    ``(i)(1) <<NOTE: Determination. Time period.>>  In the case of an 
individual eligible for educational assistance under this chapter who is 
prevented from pursuing the individual's chosen program of education 
before the expiration of the 10-year period for the use of entitlement 
under this chapter otherwise applicable under this section because of a 
covered reason, as determined by the Secretary, such 10-year period--

[[Page 136 STAT. 5457]]

            ``(A) shall not run during the period the individual is so 
        prevented from pursuing such program; and
            ``(B) shall again begin running on a date determined by the 
        Secretary that is--
                    ``(i) not earlier than the first day after the 
                individual is able to resume pursuit of a program of 
                education with educational assistance under this 
                chapter; and
                    ``(ii) not later than 90 days after that day.

    ``(2) In this subsection, a covered reason is--
            ``(A) the temporary or permanent closure of an educational 
        institution by reason of an emergency situation; or
            ``(B) another reason that prevents the individual from 
        pursuing the individual's chosen program of education, as 
        determined by the Secretary.''.

    (b) Post-9/11 Educational Assistance.-- Section 3321(b)(1) of such 
title is amended--
            (1) by inserting ``(A)'' before ``Subsections'';
            (2) by striking ``and (d)'' and inserting ``(d), and (i)''; 
        and
            (3) by adding at the end the following new subparagraph:
            ``(B) <<NOTE: Applicability. Time periods.>>  Subsection (i) 
        of section 3031 of this title shall apply with respect to the 
        running of the 15-year period described in paragraphs (4)(A) and 
        (5)(A) of this subsection in the same manner as such subsection 
        (i) applies under such section 3031 with respect to the running 
        of the 10-year period described in subsection (a) of such 
        section.''.
SEC. 233. EXTENSION OF PERIOD OF ELIGIBILITY BY REASON OF SCHOOL 
                        CLOSURES DUE TO EMERGENCY AND OTHER 
                        SITUATIONS UNDER DEPARTMENT OF VETERANS 
                        AFFAIRS TRAINING AND REHABILITATION 
                        PROGRAM FOR VETERANS WITH SERVICE-
                        CONNECTED DISABILITIES.

    Section 3103 of title 38, United States Code, is amended--
            (1) in subsection (a), by striking ``or (g)'' and inserting 
        ``(g), or (h)''; and
            (2) by adding at the end the following new subsection:

    ``(h)(1) <<NOTE: Determination.>>  In the case of a veteran who is 
eligible for a vocational rehabilitation program under this chapter and 
who is prevented from participating in the vocational rehabilitation 
program within the period of eligibility prescribed in subsection (a) 
because of a covered reason, as determined by the Secretary, such period 
of eligibility--
            ``(A) shall not run during the period the veteran is so 
        prevented from participating in such program; and
            ``(B) shall again begin running on a date determined by the 
        Secretary that is--
                    ``(i) not earlier than the first day after the 
                veteran is able to resume participation in a vocational 
                rehabilitation program under this chapter; and
                    ``(ii) not later than 90 days after that day.

    ``(2) In this subsection, a covered reason is--
            ``(A) the temporary or permanent closure of an educational 
        institution by reason of an emergency situation; or
            ``(B) <<NOTE: Determination.>>  another reason that prevents 
        the veteran from participating in the vocational rehabilitation 
        program, as determined by the Secretary.''.

[[Page 136 STAT. 5458]]

SEC. 234. PERIOD FOR ELIGIBILITY UNDER SURVIVORS' AND DEPENDENTS' 
                        EDUCATIONAL ASSISTANCE PROGRAM OF 
                        DEPARTMENT OF VETERANS AFFAIRS.

    (a) In General.--Section 3512 of title 38, United States Code, is 
amended--
            (1) by redesignating subsection (h) as subsection (f); and
            (2) by adding at the end the following new subsection:

    ``(g) <<NOTE: Effective date.>>  Notwithstanding any other provision 
of this section, the following persons may be afforded educational 
assistance under this chapter at any time after August 1, 2023, and 
without regard to the age of the person:
            ``(1) A person who first becomes an eligible person on or 
        after August 1, 2023.
            ``(2) A person who--
                    ``(A) first becomes an eligible person before August 
                1, 2023; and
                    ``(B) becomes 18 years of age, or completes 
                secondary schooling, on or after August 1, 2023.''.

    (b) Conforming Amendments.--Such section is further amended--
            (1) in subsection (a), by striking ``The educational'' and 
        inserting ``Except as provided in subsection (g), the 
        educational'';
            (2) in subsection (b)--
                    (A) in paragraph (1)(A), by inserting ``subsection 
                (g) or'' after ``provided in''; and
                    (B) in paragraph (2), by striking 
                ``Notwithstanding'' and inserting ``Except as provided 
                in subsection (g), notwithstanding''; and
            (3) in subsection (e), by striking ``No person'' and 
        inserting ``Except as provided in subsection (g), no person''.

              Subtitle D--Rural Veterans Travel Enhancement

SEC. 241. COMPTROLLER GENERAL OF THE UNITED STATES REPORT ON 
                        FRAUD, WASTE, AND ABUSE OF THE DEPARTMENT 
                        OF VETERANS AFFAIRS BENEFICIARY TRAVEL 
                        PROGRAM.

    (a) Study and Report Required.--Not later than three years after the 
date of the enactment of this Act, the Comptroller General of the United 
States shall--
            (1) <<NOTE: Time period.>>  complete a study on fraud, 
        waste, and abuse of the benefits furnished under section 111 of 
        title 38, United States Code, that may have occurred during the 
        five-year period ending on the date of the enactment of this 
        Act; and
            (2) submit to the Committee on Veterans' Affairs of the 
        Senate and the Committee on Veterans' Affairs of the House of 
        Representatives a report on the findings of the Comptroller 
        General with respect to the study completed under paragraph (1).

    (b) Elements.--Study conducted under subsection (a)(1) shall cover 
the following:
            (1) The quantity and monetary amount of claims that have 
        been adjudicated as fraudulent or improper, disaggregated, to 
        the extent possible, by general health care travel and by 
        special mode of transportation.

[[Page 136 STAT. 5459]]

            (2) Instances of potential fraud or improper payments that 
        may have occurred but were not detected, disaggregated, to the 
        extent possible, by general health care travel and by special 
        mode of transportation.
            (3) The efforts of the Secretary of Veterans Affairs to 
        mitigate fraud and the effectiveness of the efforts of the 
        Secretary.
            (4) <<NOTE: Assessment.>>  Assessment of communication and 
        training provided by the Department of Veterans Affairs to 
        employees and contractors handling claims filed under section 
        111 of such title regarding fraud.
            (5) <<NOTE: Recommenda- tions.>>  Such recommendations as 
        the Comptroller General may have for further mitigation of 
        fraud, waste, and abuse.
SEC. 242. COMPTROLLER GENERAL STUDY AND REPORT ON EFFECTIVENESS OF 
                        DEPARTMENT OF VETERANS AFFAIRS BENEFICIARY 
                        TRAVEL PROGRAM MILEAGE REIMBURSEMENT AND 
                        DEDUCTIBLE AMOUNTS.

    Not later than one year after the date of the enactment of this Act, 
the Comptroller General of the United States shall--
            (1) complete a study on--
                    (A) the efficacy of the current mileage 
                reimbursement rate under subsection (a) of section 111 
                of title 38, United States Code, in mitigating the 
                financial burden of transportation costs for traveling 
                to and from Department of Veterans Affairs medical 
                facilities for medical care;
                    (B) the origins of the amount of the deductible 
                under subsection (c) of such section and its impact on 
                the efficacy of the benefits provided under such section 
                in mitigating financial burden on veterans seeking 
                medical care; and
                    (C) <<NOTE: Recommenda- tions.>>  developing such 
                recommendations as the Comptroller General may have for 
                how this program or another transportation assistance 
                program could further encourage veterans, especially 
                low-income veterans, to seek medical care, especially 
                mental health care; and
            (2) submit to the Committee on Veterans' Affairs of the 
        Senate and the Committee on Veterans' Affairs of the House of 
        Representatives a report on the findings of the Comptroller 
        General with respect to the study completed under paragraph (1).
SEC. 243. <<NOTE: 38 USC 111 note.>>  DEPARTMENT OF VETERANS 
                        AFFAIRS TRANSPORTATION PILOT PROGRAM FOR 
                        LOW INCOME VETERANS.

    (a) <<NOTE: Deadline. Assessment.>>  Pilot Program Required.--Not 
later than one year after the date of the enactment of this Act, the 
Secretary of Veterans Affairs shall commence carrying out a pilot 
program to assess the feasibility and advisability of providing payments 
authorized under subsection (a) of section 111 of title 38, United 
States Code, 48 hours in advance of travel to eligible appointments to 
veterans and other eligible individuals who are also eligible for a 
deduction waiver as provided by paragraphs (3) and (4) of subsection (c) 
of such section.

    (b) Duration.--The Secretary shall carry out the pilot program 
during the five-year period beginning on the date of the commencement of 
the pilot program.
    (c) Locations.--The Secretary shall carry out the pilot program at 
not fewer than five locations selected by the Secretary for purposes of 
the pilot program.
    (d) Report.--

[[Page 136 STAT. 5460]]

            (1) In general.--Not later than 180 days after the date of 
        the completion of the pilot program, the Secretary shall submit 
        to Congress a report on the findings of the Secretary with 
        respect to the pilot program.
            (2) Contents.--The report submitted under paragraph (1) 
        shall include the following:
                    (A) The number of individuals who benefitted from 
                the pilot program broken, disaggregated by geographic 
                location, race or ethnicity, age, disability rating, and 
                sex.
                    (B) Average distance traveled by participants to 
                appointments and average funds provided per appointment, 
                disaggregated by geographic region.
                    (C) A description of any impediments to carrying out 
                the pilot program.
                    (D) An account of payments provided for travel that 
                did not occur or was authorized incorrectly.
                    (E) An account of any attempts to retrieve such 
                payment.
                    (F) <<NOTE: Recommenda- tions.>>  Recommendations of 
                the Secretary for legislative or administrative action 
                to reduce improper payments.
                    (G) <<NOTE: Assessment.>>  An assessment of the 
                feasibility and advisability of providing payments as 
                described in subsection (a).
SEC. 244. <<NOTE: 38 USC 111 note.>>  PILOT PROGRAM FOR TRAVEL 
                        COST REIMBURSEMENT FOR ACCESSING 
                        READJUSTMENT COUNSELING SERVICES.

    (a) <<NOTE: Deadline.>>  Pilot Program Required.--Not later than 270 
days after the date of the enactment of this Act, the Secretary shall 
establish and commence a pilot program, within the Readjustment 
Counseling Services of the Veterans Health Administration, to assess the 
feasibility and advisability of providing payment to cover or offset 
financial difficulties of an individual in accessing or using 
transportation to and from the nearest Vet Center service site providing 
the necessary readjustment counseling services for the individual's plan 
of service.

    (b) Participation.--
            (1) In general.--In carrying out the pilot program required 
        by subsection (a), the Secretary shall limit participation--
                    (A) by individuals pursuant to paragraph (2); and
                    (B) by Vet Centers pursuant to paragraph (3).
            (2) Participation by individuals.--
                    (A) In general.--The Secretary shall limit 
                participation in the pilot program to individuals who 
                are eligible for services at a participating Vet Center 
                and experiencing financial hardship.
                    (B) Financial hardship.--The Secretary shall 
                determine the meaning of ``financial hardship'' for 
                purposes of subparagraph (A).
            (3) Participation of vet centers.--Vet Centers participating 
        in the program shall be chosen by the Secretary from among those 
        serving individuals in areas designated by the Secretary as 
        rural or highly rural or Tribal lands.

    (c) <<NOTE: Deadline.>>  Travel Allowances and Reimbursements.--
Under the pilot program required by subsection (a), the Secretary shall 
provide a participating individual a travel allowance or reimbursement 
at the earliest time practicable, but not later than 10 business days 
after the date of the appointment.

[[Page 136 STAT. 5461]]

    (d) Duration.--The Secretary shall carry out the pilot program 
required by subsection (a) during the five-year period beginning on the 
date of the commencement of the pilot program.
    (e) Locations.--
            (1) In general.--The Secretary shall carry out the pilot 
        program at not fewer than five locations selected by the 
        Secretary for purposes of the pilot program.
            (2) Existing initiative.--
                    (A) Locations participating in existing 
                initiative.--Of the locations selected under paragraph 
                (1), four shall be the locations participating in the 
                initiative commenced under section 104(a) of the 
                Honoring America's Veterans and Caring for Camp Lejeune 
                Families Act of 2012 (Public Law 112-154), as most 
                recently amended by section 105 of the Continuing 
                Appropriations and Ukraine Supplemental Appropriations 
                Act, 2023 (Public Law 117-180), as of the date of the 
                enactment of this Act.
                    (B) Termination of existing initiative.--Section 
                104(a) of the Honoring America's Veterans and Caring for 
                Camp Lejeune Families Act of 2012, as so amended, is 
                further amended by striking ``September 30, 2023'' and 
                inserting ``the date on which the pilot program required 
                by subsection (a) of section 244 of the Joseph Maxwell 
                Cleland and Robert Joseph Dole Memorial Veterans 
                Benefits and Health Care Improvement Act of 2022 
                commences at each of the locations described in 
                subsection (e)(2)(A) of such section''.

    (f) Annual Reports.--
            (1) In general.--Not later than one year after the date of 
        the commencement of the pilot program required by subsection (a) 
        and each year thereafter for the duration of the pilot program, 
        the Secretary shall submit to the Committee on Veterans' Affairs 
        of the Senate and the Committee on Veterans' Affairs of the 
        House of Representatives a report on the findings of the 
        Secretary with respect to the pilot program.
            (2) Contents.--Each report submitted under paragraph (1) 
        shall include the following:
                    (A) The number of individuals who benefitted from 
                the pilot program, disaggregated by age, race or 
                ethnicity, and sex, to the extent possible.
                    (B) The average distance traveled by each individual 
                per each Vet Center.
                    (C) The definition of financial hardship determined 
                by the Secretary under subsection (b)(2)(B).
                    (D) A description of how the funds are distributed.
                    (E) The average amount of funds distributed per 
                instance, disaggregated by Vet Center.
                    (F) A description of any impediments to the 
                Secretary in paying expenses or allowances under the 
                pilot program.
                    (G) <<NOTE: Assessment.>>  An assessment of the 
                potential for fraudulent receipt of payment under the 
                pilot program and the recommendations of the Secretary 
                for legislative or administrative action to reduce such 
                fraud.
                    (H) <<NOTE: Recommenda- tions.>>  Such 
                recommendations for legislative or administrative action 
                as the Secretary considers appropriate with respect to 
                the payment of expenses or allowances.

[[Page 136 STAT. 5462]]

    (g) Vet Center Defined.--In this section, the term ``Vet Center'' 
means a center for readjustment counseling and related mental health 
services for veterans under section 1712A of title 38, United States 
Code.

  Subtitle E <<NOTE: VA Beneficiary Debt Collection Improvement Act of 
2022.>> --VA Beneficiary Debt Collection Improvement Act
SEC. 251. <<NOTE: 38 USC 101 note.>>  SHORT TITLE.

    This subtitle may be cited as the ``VA Beneficiary Debt Collection 
Improvement Act of 2022''.
SEC. 252. PROHIBITION OF DEBT ARISING FROM OVERPAYMENT DUE TO 
                        DELAY IN PROCESSING BY THE DEPARTMENT OF 
                        VETERANS AFFAIRS.

    (a) Bar to Recovery.--
            (1) In general.--Chapter 53 of title 38, United States Code, 
        is amended by inserting after section 5302A the following new 
        section:
``Sec. 5302B. <<NOTE: 38 USC 5302B.>>  Prohibition of debt arising 
                    from overpayment due to delay in processing

    ``(a) Limitation.--(1) Except as provided in paragraph (2), no 
individual may incur a debt to the United States that--
            ``(A) arises from the participation of the individual in a 
        program or benefit administered by the Under Secretary for 
        Benefits; and
            ``(B) is attributable to the failure of an employee or 
        official of the Department to process information provided by or 
        on behalf of that individual within applicable timeliness 
        standards established by the Secretary.

    ``(2) Nothing in this section shall be construed to affect the penal 
and forfeiture provisions for fiduciaries set forth in chapter 61 of 
this title.
    ``(b) <<NOTE: Determination. Notice.>>  Notice.--(1) If the 
Secretary determines that the Secretary has made an overpayment to an 
individual, the Secretary shall provide notice to the individual of the 
overpayment.

    ``(2) Notice under paragraph (1) shall include a detailed 
explanation of the right of the individual--
            ``(A) to dispute the overpayment, including a detailed 
        explanation of the process by which to dispute the overpayment; 
        or
            ``(B) to request a waiver of indebtedness.

    ``(c) Delay on Collection.--(1) Subject to paragraph (2), the 
Secretary may not take any action under section 3711 of title 31 
regarding an overpayment described in a notice under subsection (b) of 
this section until the date that is 90 days after the date the Secretary 
issues such notice.
    ``(2) <<NOTE: Determination.>>  The Secretary may take action under 
section 3711 of title 31 regarding an overpayment described in a notice 
under subsection (b) of this section before the date that is 90 days 
after the date the Secretary issues such notice if the Secretary 
determines that delaying such action is--
            ``(A) likely to make repayment of such overpayment more 
        difficult for an individual;

[[Page 136 STAT. 5463]]

            ``(B) likely to cause an unpaid debt to be referred to the 
        Treasury Offset Program; or
            ``(C) not in the best interest of the individual.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of such chapter <<NOTE: 38 USC prec. 5301.>>  is 
        amended by inserting after the item relating to section 5302A 
        the following new item:

``5302B. Prohibition of debt arising from overpayment due to delay in 
           processing.''.

            (3) <<NOTE: Regulations. 38 USC 5302B note.>>  Deadline.--
        The Secretary of Veterans Affairs shall prescribe regulations to 
        establish standards under section 5302B(a)(2) of such title, as 
        added by subsection (a), not later than 180 days after the date 
        of the enactment of this Act.

    (b) Plan for Improved Notification and Communication of Debts.--
            (1) <<NOTE: Deadline.>>  In general.--Not later than 180 
        days after the date of the enactment of this Act, and one year 
        thereafter, the Secretary of Veterans Affairs shall provide the 
        Committee on Veterans' Affairs of the Senate and the Committee 
        on Veterans' Affairs of the House of representatives a briefing 
        and submit to such committees a report on the improvement of the 
        notification of and communication with individuals who receive 
        overpayments made by the Secretary.
            (2) Contents.--Each report under paragraph (1) shall include 
        each of the following:
                    (A) The plan of the Secretary to carry out each of 
                the following:
                          (i) The development and implementation of a 
                      mechanism by which individuals enrolled in the 
                      patient enrollment system under section 1705 of 
                      title 38, United States Code, may view their 
                      monthly patient medical statements electronically.
                          (ii) The development and implementation of a 
                      mechanism by which individuals eligible for 
                      benefits under the laws administered by the 
                      Secretary may receive electronic correspondence 
                      relating to debt and overpayment information.
                          (iii) The development and implementation of a 
                      mechanism by which individuals eligible for 
                      benefits under the laws administered by the 
                      Secretary may access information related to 
                      Department of Veterans Affairs debt 
                      electronically.
                          (iv) The improvement and clarification of 
                      Department communications relating to overpayments 
                      and debt collection, including letters and 
                      electronic correspondence and including 
                      information relating to the most common reasons 
                      individuals eligible for benefits under the laws 
                      administered by the Secretary incur debts to the 
                      United States and the process for requesting a 
                      waiver of such debt. The Secretary shall develop 
                      such improvements and clarifications in 
                      consultation with veterans service organizations, 
                      labor organizations that represent employees of 
                      the Department, other relevant nongovernmental 
                      organizations, the Committee on Veterans' Affairs 
                      of the Senate, and the Committee on Veterans' 
                      Affairs of the House of Representatives.
                    (B) A description of the current efforts and plans 
                for improving the accuracy of payments to individuals 
                entitled

[[Page 136 STAT. 5464]]

                to benefits under the laws administered by the 
                Secretary, including specific data matching agreements.
                    (C) A description of steps to be taken to improve 
                the identification of underpayments to such individuals 
                and to improve Department procedures and policies to 
                ensure that such individuals who are underpaid receive 
                adequate compensation payments.
                    (D) <<NOTE: List.>>  A list of actions completed, 
                implementation steps, and timetables for each 
                requirement described in subparagraphs (A) through (C).
                    (E) A description of any new legislative authority 
                required to complete any such requirement.
SEC. 253. PROHIBITION ON DEPARTMENT OF VETERANS AFFAIRS INTEREST 
                        AND ADMINISTRATIVE COST CHARGES FOR DEBTS 
                        RELATING TO CERTAIN BENEFITS PROGRAMS.

    (a) In General.--Section 5315(a)(1) of title 38, United States Code, 
is amended--
            (1) by striking ``other than a loan'' and all that follows 
        through the semicolon and inserting ``other than--''; and
            (2) by adding at the end the following new subparagraphs:
                    ``(A) a loan, loan-guaranty, or loan-insurance 
                program;
                    ``(B) a disability compensation program;
                    ``(C) a pension program; or
                    ``(D) an educational assistance program.''.

    (b) <<NOTE: 38 USC 5315 note.>>  Effective Date.--The amendments 
made by subsection (a) shall apply with respect to an indebtedness that 
occurs on or after the date of the enactment of this Act.
SEC. 254. EXTENSION OF WINDOW TO REQUEST RELIEF FROM RECOVERY OF 
                        DEBT ARISING UNDER LAWS ADMINISTERED BY 
                        THE SECRETARY OF VETERANS AFFAIRS.

    (a) In General.--Section 5302(a) of title 38, United States Code, is 
amended by striking ``180 days'' and inserting ``one year''.
    (b) <<NOTE: 38 USC 5302 note.>>  Effective Date.--Subsection (a) 
shall take effect on the date that is two years after the date of the 
enactment of this Act.
SEC. 255. REFORMS RELATING TO RECOVERY BY DEPARTMENT OF VETERANS 
                        AFFAIRS OF AMOUNTS OWED BY INDIVIDUALS TO 
                        THE UNITED STATES.

    (a) Limitation on Indebtedness Offsets.--Subsection (a) of section 
5314 of title 38, United States Code, is amended--
            (1) by inserting ``(1)'' before ``Subject to''; and
            (2) by adding at the end the following new paragraph:

    ``(2) The Secretary may not make a deduction under paragraph (1) 
while the existence or amount of such indebtedness is disputed under 
section 5314A of this title.''.
    (b) Administrative Process for Dispute of Existence or Amount of 
Indebtedness.--
            (1) Establishment.--Chapter 53 of title 38, United States 
        Code, is amended by inserting after section 5314 the following 
        new section:
``Sec. 5314A. <<NOTE: 38 USC 5314A.>>  Dispute of indebtedness

    ``(a) <<NOTE: Regulations.>>  Establishment.--The Secretary shall 
prescribe regulations that establish an administrative process for the 
dispute of the existence or amount of an indebtedness described in 
section

[[Page 136 STAT. 5465]]

5314(a)(1) of this title (without regard to whether the Secretary has 
made a deduction under such section regarding such indebtedness).

    ``(b) Standards.--The process under subsection (a) shall be 
efficient, effective, and equitable.
    ``(c) Timeliness.--The Secretary shall ensure that each dispute 
under subsection (a) proceeds in accordance with standards for 
timeliness prescribed by the Secretary under this section.
    ``(d) Limitation.--The Secretary may not submit to any debt 
collector (as defined in section 803 of the Fair Debt Collection 
Practices Act (15 U.S.C. 1692a)) any dispute pending under this section.
    ``(e) Rule of Construction.--Nothing in this section shall be 
construed to modify the procedures for seeking review of a decision of 
the agency of original jurisdiction described in section 5104C(a)(1) of 
this title.''.
            (2) <<NOTE: 38 USC 5314A note.>>  Existing administrative 
        process.--The Secretary of Veterans Affairs shall carry out 
        section 5314A of such title, as added by paragraph (1), by 
        improving the administrative process of the Department of 
        Veterans Affairs for the dispute of the existing or amount of an 
        indebtedness that was in effect on the day before the date of 
        the enactment of this Act.
            (3) Improvements to department website and notices.--In 
        carrying out paragraph (2), the Secretary shall--
                    (A) improve the website of the Department; and
                    (B) ensure that such website and written notices 
                sent to a person about indebtedness described in section 
                5314(a) of title 38, United States Code, contain all 
                information a person needs to dispute such an 
                indebtedness, including a description of--
                          (i) the specific actions the person will need 
                      to take in order to dispute the indebtedness;
                          (ii) the documentation that will be required 
                      for the dispute; and
                          (iii) how the documentation is to be 
                      submitted.
            (4) Clerical amendment.--The table of sections at the 
        beginning of such chapter is <<NOTE: 38 USC prec. 5301.>>  
        amended by inserting after the item relating to section 5314 the 
        following new item:

``5314A. Dispute of indebtedness.''.

    (c) Limitation on Authority To Recover Debts.--Section 5302(a) of 
title 38, United States Code, is amended--
            (1) by inserting ``(1)'' before ``There''; and
            (2) <<NOTE: Determination.>>  by adding at the end the 
        following new paragraph:

    ``(2) The Secretary may not seek to recover an indebtedness 
described in paragraph (1) if the Secretary determines that the cost to 
the Department to recover such indebtedness, as determined when the debt 
is established, would exceed the amount of the indebtedness.''.

                     TITLE III--HOMELESSNESS MATTERS

SEC. 301. ADJUSTMENTS OF GRANTS AWARDED BY THE SECRETARY OF 
                        VETERANS AFFAIRS FOR COMPREHENSIVE SERVICE 
                        PROGRAMS TO SERVE HOMELESS VETERANS.

    (a) Elimination of Matching Requirement.--

[[Page 136 STAT. 5466]]

            (1) In general.--Section 2011(c) of title 38, United States 
        Codes, is amended--
                    (A) by striking paragraph (2); and
                    (B) by redesignating paragraph (3) as paragraph (2).
            (2) <<NOTE: 38 USC 2011 note.>>  Applicability.--The 
        amendments made by paragraph (1) shall apply with respect to any 
        grant awarded under section 2011 of title 38, United States 
        Code, on or after the date of the enactment of this Act.
            (3) <<NOTE: Effective date. 38 USC 2011 note.>>  
        Determination of amount of grant.--On or after the date that is 
        five years after the date of the enactment of this Act, the 
        Secretary of Veterans Affairs may determine the maximum amount 
        of a grant under section 2011 of title 38, United States Code, 
        which shall be not less than 70 percent of the estimated cost of 
        the project concerned.
            (4) Sunset.--Section 4201(b)(2) of the Johnny Isakson and 
        David P. Roe, M.D. Veterans Health Care and Benefits Improvement 
        Act of 2020 (Public Law 116-315; 134 Stat. 5009; 38 U.S.C. 2011 
        note) is amended--
                    (A) by striking ``Subsection (c)(2)'' and inserting 
                the following:
                    ``(A) In general.--Subsection (c)(2)''; and
                    (B) by adding at the end the following new 
                subparagraph:
                    ``(B) Sunset.--Subparagraph (A) shall cease to be 
                effective on the date of the enactment of the Joseph 
                Maxwell Cleland and Robert Joseph Dole Memorial Veterans 
                Benefits and Health Care Improvement Act of 2022.''.

    (b) Elimination of Property Disposition Requirements.--
            (1) <<NOTE: 38 USC 2011 note.>>  In general.--A recipient of 
        a grant awarded under section 2011 of title 38, United States 
        Code, on or after the date of the enactment of this Act for a 
        project described in subsection (b)(1) of such section shall not 
        be subject to any real property or equipment disposition 
        requirements relating to the grant under section 61.67 of title 
        38, Code of Federal Regulations, sections 200.311(c) and 
        200.313(e) of title 2, Code of Federal Regulations, or successor 
        regulations.
            (2) Sunset.--Section 4201(b)(6) of the Johnny Isakson and 
        David P. Roe, M.D. Veterans Health Care and Benefits Improvement 
        Act of 2020 (Public Law 116-315; 134 Stat. 5010; 38 U.S.C. 2011 
        note) is amended--
                    (A) by striking ``During'' and inserting the 
                following:
                    ``(A) In general.--During''; and
                    (B) by adding at the end the following new 
                subparagraph:
                    ``(B) Sunset.--Subparagraph (A) shall cease to be 
                effective on the date of the enactment of the Joseph 
                Maxwell Cleland and Robert Joseph Dole Memorial Veterans 
                Benefits and Health Care Improvement Act of 2022.''.
SEC. 302. MODIFICATIONS TO PROGRAM TO IMPROVE RETENTION OF HOUSING 
                        BY FORMERLY HOMELESS VETERANS AND VETERANS 
                        AT RISK OF BECOMING HOMELESS.

    Section 2013 of title 38, United States Code, is amended--
            (1) by redesignating subsection (b) as subsection (d);
            (2) by inserting after subsection (a) the following new 
        subsections:

[[Page 136 STAT. 5467]]

    ``(b) Services.--Services provided under the program shall include 
services to assist veterans described in subsection (a) with navigating 
resources provided by the Federal Government and State, local, and 
Tribal governments.
    ``(c) Staffing.--In geographic areas where individuals who meet the 
licensure and certification requirements to provide services under the 
program are in high demand as determined by the Secretary, such services 
may be provided through one or more individuals with a master's degree 
in social work who are undergoing training to meet such requirements, if 
such individuals are under the supervision of an individual who meets 
such requirements.''; and
            (3) in subsection (d), as redesignated by paragraph (1), by 
        adding at the end the following new paragraph:

    ``(3) <<NOTE: Requirement. Reports.>>  The Secretary shall require 
each recipient of a grant awarded under this subsection to submit to the 
Secretary a report that describes the services provided or coordinated 
with amounts under such grant.''.
SEC. 303. MODIFICATIONS TO HOMELESS VETERANS REINTEGRATION 
                        PROGRAMS.

    (a) In General.--Section 2021 of title 38, United States Code, is 
amended to read as follows:
``Sec. 2021. Homeless veterans reintegration programs

    ``(a) <<NOTE: Grants. Contracts.>>  In General.--Subject to the 
availability of appropriations provided for such purpose, the Secretary 
of Labor shall conduct, directly or through grant or contract, such 
programs as that Secretary determines appropriate to provide job 
training, counseling, and placement services (including job readiness 
and literacy and skills training) to expedite the reintegration into the 
labor force of--
            ``(1) <<NOTE: Time period.>>  homeless veterans, including--
                    ``(A) veterans who were homeless but found housing 
                during the 60-day period preceding the date on which the 
                veteran begins to participate in a program under this 
                section; and
                    ``(B) veterans who are at risk of homelessness 
                during the 60-day period beginning on the date on which 
                the veteran begins to participate in a program under 
                this section;
            ``(2) veterans participating in the Department of Housing 
        and Urban Development-Department of Veterans Affairs supported 
        housing program for which rental assistance is provided pursuant 
        to section 8(o)(19) of the United States Housing Act of 1937 (42 
        U.S.C. 1437f(o)(19)) or the Tribal HUD-VA Supportive Housing 
        (Tribal HUD-VASH) program;
            ``(3) Indians who are veterans and receiving assistance 
        under the Native American Housing Assistance and Self-
        Determination Act of 1996 (25 U.S.C. 4101 et seq.);
            ``(4) veterans described in section 2023(d) of this title or 
        any other veterans who are transitioning from being 
        incarcerated; and
            ``(5) veterans participating in the Department of Veterans 
        Affairs rapid rehousing and prevention program authorized in 
        section 2044 of this title.

[[Page 136 STAT. 5468]]

    ``(b) Grants.--(1) In awarding grants for purposes of conducting 
programs described in subsection (a), the Secretary of Labor shall, to 
the maximum extent practicable, consider applications for fundable 
grants from entities in all States.
    ``(2) In each State in which no entity has been awarded a grant 
described in paragraph (1) as of the date of the enactment of the Joseph 
Maxwell Cleland and Robert Joseph Dole Memorial Veterans Benefits and 
Health Care Improvement Act of 2022, the Secretary of Labor shall, in 
coordination with the Director of Veterans' Employment and Training in 
the State, organize and conduct an outreach and education program to 
ensure communities are aware of the programs conducted under this 
section and the benefits of the programs.
    ``(c) Training and Technical Assistance.--(1) The Secretary of Labor 
shall provide training and technical assistance to entities seeking a 
grant or contract under this section and recipients of a grant or 
contract under this section regarding the planning, development, and 
provision of services for which the grant or contract is awarded, 
including before and during the grant application or contract award 
period.
    ``(2) The training and technical assistance provided under paragraph 
(1) shall include outreach and assistance specifically designed for 
entities serving regions and populations underserved by the programs 
conducted under this section.
    ``(3) The Secretary of Labor may provide training and technical 
assistance under paragraph (1) directly or through grants or contracts 
with such public or nonprofit private entities as that Secretary 
considers appropriate.
    ``(d) Requirement to Monitor Expenditures of Funds.--(1) The 
Secretary of Labor shall collect such information as that Secretary 
considers appropriate to monitor and evaluate the distribution and 
expenditure of funds appropriated to carry out this section.
    ``(2) Information collected under paragraph (1) shall include data 
with respect to the results or outcomes of the services provided to each 
homeless veteran under this section.
    ``(3) Information collected under paragraph (1) shall be furnished 
in such form and manner as the Secretary of Labor may specify.
    ``(e) Administration Through Assistant Secretary of Labor for 
Veterans' Employment and Training.--The Secretary of Labor shall carry 
out this section through the Assistant Secretary of Labor for Veterans' 
Employment and Training.
    ``(f) Provision of Services to Veterans in Certain Institutions.--
(1) The Attorney General of the United States shall permit a recipient 
of a grant or contract under this section or section 2023 of this title 
to provide services under this section or section 2023 of this title to 
any veteran described in subsection (a)(4) who is residing in a penal 
institution under the jurisdiction of the Bureau of Prisons.
    ``(2) <<NOTE: Time period.>>  The recipient of a grant or contract 
under this section may provide to officials of an institution described 
in paragraph (1) information regarding the services provided to veterans 
under this section and section 2023 of this title during the 18-month 
period preceding the release or discharge of a veteran from the 
institution.

[[Page 136 STAT. 5469]]

    ``(g) Report on Services Provided.--(1) The Secretary of Labor shall 
require each recipient of a grant or contract under this section to 
submit to that Secretary a report on the services provided and veterans 
served using grant or contract amounts not later than 90 days after the 
end of each program year, beginning with the program year the begins 
after the date of the enactment of the Joseph Maxwell Cleland and Robert 
Joseph Dole Memorial Veterans Benefits and Health Care Improvement Act 
of 2022.
    ``(2) To the extent practicable, each report submitted under 
paragraph (1) shall--
            ``(A) disaggregate the number of veterans served by--
                    ``(i) sex;
                    ``(ii) age;
                    ``(iii) race;
                    ``(iv) ethnicity;
                    ``(v) approximate era in which the veteran served in 
                the Armed Forces;
                    ``(vi) the highest level of education attained;
                    ``(vii) the average period of time the veteran was 
                unemployed or underemployed before receiving services 
                under this section and while receiving such services; 
                and
                    ``(viii) housing status as of--
                          ``(I) the date on which the veteran is first 
                      enrolled in services under this section; and
                          ``(II) any subsequent date, if such data is 
                      available; and
            ``(B) <<NOTE: Data.>>  include data on the number of 
        veterans receiving services under this section who are eligible 
        for health care and benefits provided by the Department of 
        Veterans Affairs.

    ``(h) Reports to Congress.--(1) Not less frequently than every two 
years, the Secretary of Labor shall submit to Congress a report on the 
programs conducted under this section. The Secretary of Labor shall 
include in the report the following:
            ``(A) <<NOTE: Evaluation.>>  An evaluation of services 
        furnished to veterans under this section.
            ``(B) <<NOTE: Analysis.>>  An analysis of the information 
        collected under subsection (d).
            ``(C) An identification of--
                    ``(i) the total number of applications for grants 
                under this section that the Secretary of Labor received 
                during the fiscal year preceding the date on which the 
                report is submitted; and
                    ``(ii) the number of such applications that were 
                denied.
            ``(D) With respect to each State in which no entity was 
        awarded a grant under this section during the fiscal year 
        preceding the date on which the report is submitted--
                    ``(i) an identification of the top five reasons why 
                entities that applied for such a grant were not awarded 
                the grant; and
                    ``(ii) information regarding the specific criteria 
                used to score the applications and an explanation of if, 
                how, or why such criteria differed from the previous 
                fiscal year.

    ``(2) Not later than 180 days after the end of the program year that 
begins after the date of the enactment of the Joseph Maxwell Cleland and 
Robert Joseph Dole Memorial Veterans Benefits and Health Care 
Improvement Act of 2022, and not later than 120 days after the end of 
each program year thereafter,

[[Page 136 STAT. 5470]]

the Secretary of Labor shall submit to the Committee on Veterans' 
Affairs of the Senate and the Committee on Veterans' Affairs of the 
House of Representatives a report setting forth the following:
            ``(A) <<NOTE: Data.>>  Data obtained from the reports 
        submitted under subsection (g), disaggregated by geographic 
        location.
            ``(B) The number of grants and contracts not awarded under 
        this section due to insufficient funds.
            ``(C) The number of returning recipients of grants or 
        contracts that were and were not awarded grants or contracts 
        under this section during the most recent application cycle.
            ``(D) The number of applications received from entities in 
        States in which no entities received a grant or contract under 
        this section.
            ``(E) The number of veterans who were admitted to a program 
        conducted under this section but not placed in a job following 
        participation in such program, disaggregated by geographic 
        location, age, sex, and race or ethnicity.

    ``(i) <<NOTE: Time periods.>>  Authorization of Appropriations.--(1) 
There are authorized to be appropriated to carry out this section 
amounts as follows:
            ``(A) $50,000,000 for fiscal year 2002.
            ``(B) $50,000,000 for fiscal year 2003.
            ``(C) $50,000,000 for fiscal year 2004.
            ``(D) $50,000,000 for fiscal year 2005.
            ``(E) $50,000,000 for fiscal year 2006.
            ``(F) $50,000,000 for each of fiscal years 2007 through 
        2023.
            ``(G) $60,000,000 for fiscal year 2024 and each fiscal year 
        thereafter.

    ``(2) Funds appropriated to carry out this section shall remain 
available until expended. Funds obligated in any fiscal year to carry 
out this section may be expended in that fiscal year and the succeeding 
fiscal year.''.
    (b) Conforming Amendment.--Section 2021A(e) of title 38, United 
States Code, is amended by striking ``section 2021(d)'' and inserting 
``section 2021(h)(1)''.
SEC. 304. EXPANSION AND EXTENSION OF DEPARTMENT OF VETERANS 
                        AFFAIRS HOUSING ASSISTANCE FOR HOMELESS 
                        VETERANS.

    (a) Expansion.--Subsection (a) of section 2041 of title 38, United 
States Code, is amended--
            (1) in paragraph (1)--
                    (A) in the matter preceding subparagraph (A), by 
                inserting ``or permanent housing'' after ``shelter'';
                    (B) in subparagraph (A), by striking ``named in, or 
                approved by the Secretary under, section 5902 of this 
                title'' and inserting ``that is the recipient of a grant 
                under section 2011, 2013, 2044, or 2061 of this title''; 
                and
                    (C) in subparagraph (B), by inserting ``or tribal 
                entity,'' after ``State''; and
            (2) in paragraph (3)(B)--
                    (A) in clause (i)--
                          (i) by inserting ``or permanent housing'' 
                      after ``shelter'';
                          (ii) by inserting ``(I)'' before ``utilize'';
                          (iii) by striking the comma and inserting ``; 
                      or''; and

[[Page 136 STAT. 5471]]

                          (iv) by adding at the end the following new 
                      subclause:
                          ``(II) sell or rent the property directly to 
                      homeless veterans or veterans at risk of 
                      homelessness;''; and
                    (B) in each of clauses (ii) and (iii), by striking 
                the comma and inserting a semicolon.

    (b) Extension.--Subsection (c) of such section is amended by 
striking ``September 30, 2017'' and inserting ``September 30, 2026''.
SEC. 305. TRAINING AND TECHNICAL ASSISTANCE PROVIDED BY SECRETARY 
                        OF VETERANS AFFAIRS TO CERTAIN ENTITIES.

    (a) Supportive Services for Very Low-income Families in Permanent 
Housing.--Section 2044(e) of title 38, United States Code, is amended--
            (1) by striking paragraphs (2) and (3); and
            (2) by striking ``(1) From amounts'' and inserting ``From 
        amounts''.

    (b) Comprehensive Service Programs.--
            (1) In general.--Subchapter II of chapter 20 of title 38, 
        United States Code, is amended--
                    (A) by redesignating section 2014 <<NOTE: 38 USC 
                2014, 2016.>>  as section 2016; and
                    (B) by inserting after section 2013 the following 
                new sections 2014 and 2015:
``Sec. 2014. <<NOTE: 38 USC 2014.>>  Training and technical 
                  assistance for recipients of certain financial 
                  assistance

    ``(a) In General.--The Secretary shall provide training and 
technical assistance to recipients of grants under sections 2011 and 
2013 of this title and recipients of per diem payments under sections 
2012 and 2061 of this title regarding the planning, development, and 
provision of services for which the grant or payment is made.
    ``(b) Provision of Training and Technical Assistance.--The Secretary 
may provide training and technical assistance under subsection (a) 
directly or through grants or contracts with such public or nonprofit 
private entities as the Secretary considers appropriate.
``Sec. 2015. <<NOTE: 38 USC 2015.>>  Training and technical 
                  assistance for entities regarding services 
                  provided to veterans at risk of, experiencing, 
                  or transitioning out of homelessness

    ``(a) In General.--The Secretary shall provide training and 
technical assistance to entities serving veterans at risk of, 
experiencing, or transitioning out of homelessness regarding--
            ``(1) the provision of such services to such veterans; and
            ``(2) the planning and development of such services.

    ``(b) Coordination.--The Secretary may coordinate the provision of 
training and technical assistance under subsection (a) with the 
Secretary of Housing and Urban Development and the Secretary of Labor.
    ``(c) Elements.--The training and technical assistance provided 
under subsection (a) shall include coordination and communication of 
best practices among all programs administered by the Veterans Health 
Administration directed at serving veterans at risk of, experiencing, or 
transitioning out of homelessness.
    ``(d) Provision of Training.--The Secretary may provide the training 
and technical assistance under subsection (a) directly or

[[Page 136 STAT. 5472]]

through grants or contracts with such public or nonprofit private 
entities as the Secretary considers appropriate.''.
            (2) <<NOTE: Effective date. 38 USC 2014 note.>>  Use of 
        amounts.--The Secretary of Veterans Affairs shall provide 
        training and technical assistance under sections 2014 and 2015 
        of such title, as inserted by paragraph (1)(B), using amounts 
        appropriated or otherwise made available to the Department of 
        Veterans Affairs on or after the date of the enactment of this 
        Act.
            (3) Conforming amendment.--Section 20013(a) of the 
        Coronavirus Aid, Relief, and Economic Security Act (38 U.S.C. 
        2011 note) is amended by striking ``2014'' and inserting 
        ``2016''.
            (4) Clerical amendment.--The table of sections at the 
        beginning of chapter 20 of such title <<NOTE: 38 USC prec. 
        2001.>>  is amended by striking the item relating to section 
        2014 and inserting the following new items:

``2014. Training and technical assistance for recipients of certain 
           financial assistance.
``2015. Training and technical assistance for entities regarding 
           services provided to veterans at risk of, experiencing, or 
           transitioning out of homelessness.
``2016. Authorization of appropriations.''.

SEC. 306. MODIFICATION OF ELIGIBILITY REQUIREMENTS FOR ENTITIES 
                        COLLABORATING WITH THE SECRETARY OF 
                        VETERANS AFFAIRS TO PROVIDE CASE 
                        MANAGEMENT SERVICES TO HOMELESS VETERANS 
                        IN THE DEPARTMENT OF HOUSING AND URBAN 
                        DEVELOPMENT-DEPARTMENT OF VETERANS AFFAIRS 
                        SUPPORTED HOUSING PROGRAM.

    Section 304(c)(2)(A) of the Honoring America's Veterans and Caring 
for Camp Lejeune Families Act of 2012 (38 U.S.C. 2041 note) is amended--
            (1) by redesignating subparagraphs (B) through (E) as 
        subparagraphs (C) through (F), respectively; and
            (2) by inserting after subparagraph (A) the following new 
        subparagraph (B):
                    ``(B) providing case management services to veterans 
                for obtaining suitable housing at varying locations 
                nationwide or in the area or areas similar to where the 
                services will be provided under the relevant contract or 
                agreement;''.
SEC. 307. <<NOTE: 38 USC 2041 note.>>  DEPARTMENT OF VETERANS 
                        AFFAIRS SHARING OF INFORMATION RELATING TO 
                        COORDINATED ENTRY PROCESSES FOR HOUSING 
                        AND SERVICES OPERATED UNDER DEPARTMENT OF 
                        HOUSING AND URBAN DEVELOPMENT CONTINUUM OF 
                        CARE PROGRAM.

    (a) In General.--The Under Secretary for Health of the Department of 
Veterans Affairs shall--
            (1) provide to staff of medical centers of the Department of 
        Veterans Affairs and homelessness service providers of the 
        Department the information described in subsection (b); and
            (2) ensure that such information, and other resources the 
        Under Secretary determines are appropriate, are accessible to 
        such staff and providers.

    (b) Information Described.--The information described in this 
subsection is information related to best practices with respect to the 
collaboration between medical centers of the Department of Veterans 
Affairs, homelessness service providers of the Department, and local 
partners (including local offices of the Department of Housing and Urban 
Development or public housing agencies,

[[Page 136 STAT. 5473]]

and private and public local community organizations) on the centralized 
or coordinated assessment systems established and operated by Continuums 
of Care under section 578.7(a)(8) of title 24, Code of Federal 
Regulations, including making referrals and sharing data, as the Under 
Secretary determines appropriate.
SEC. 308. <<NOTE: 38 USC 701 note.>>  DEPARTMENT OF VETERANS 
                        AFFAIRS COMMUNICATION WITH EMPLOYEES 
                        RESPONSIBLE FOR HOMELESSNESS ASSISTANCE 
                        PROGRAMS.

    The Under Secretary for Health of the Department of Veterans Affairs 
shall clearly communicate with employees of the Department of Veterans 
Affairs whose responsibilities are related to homelessness assistance 
programs regarding--
            (1) the measurement of performance of such programs by the 
        Homeless Programs Office of the Department; and
            (2) how to obtain and provide feedback about performance 
        measures.
SEC. 309. <<NOTE: 38 USC 2041 note.>>  SYSTEM FOR SHARING AND 
                        REPORTING DATA.

    (a) In General.--The Secretary of Veterans Affairs and the Secretary 
of Housing and Urban Development shall work together to develop a system 
for effectively sharing and reporting data between the community-wide 
homeless management information system described in section 402(f)(3) of 
the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11360a(f)(3)) and 
the Homeless Operations Management and Evaluation System of the 
Department of Veterans Affairs.
    (b) Deadline.--The Secretary of Veterans Affairs and the Secretary 
of Housing and Urban Development shall ensure that the system developed 
under subsection (a) is operational not later than three years after the 
date of the enactment of this Act.
SEC. 310. <<NOTE: 38 USC 2061 note.>>  PILOT PROGRAM ON GRANTS FOR 
                        HEALTH CARE FOR HOMELESS VETERANS.

    (a) <<NOTE: Deadline.>>  Pilot Program Required.--Not later than one 
year after the date of the enactment of this Act, the Secretary of 
Veterans Affairs shall commence carrying out a pilot program to assess 
the feasibility and advisability of awarding grants to eligible entities 
to meet the health care needs of--
            (1) veterans who are homeless;
            (2) veterans who were previously homeless and are 
        transitioning to permanent housing; and
            (3) veterans who are at risk of becoming homeless.

    (b) Locations.--The Secretary shall carry out the pilot program at 
not fewer than five locations selected by the Secretary for purposes of 
the pilot program.
    (c) Award of Grants.--
            (1) In general.--In carrying out the pilot program, the 
        Secretary shall award grants to eligible entities for the 
        purpose described in subsection (a).
            (2) Eligible entities.--For purposes of this section, an 
        eligible entity is any entity that is providing transitional 
        housing services to veterans as of the date on which the entity 
        applies for a grant under this section.
            (3) Preference.--In awarding grants under this section, the 
        Secretary shall give preference to eligible entities that are 
        recipients of grants under sections 2012 and 2061 of title

[[Page 136 STAT. 5474]]

        38, United States Code, as of the date on which the entity 
        applies for a grant under this section.
            (4) Equitable distribution; prioritization.--
                    (A) Equitable distribution.--The Secretary shall 
                ensure that, to the extent practicable, grant amounts 
                awarded under paragraph (1) are equitably distributed 
                among eligible entities across geographic regions.
                    (B) Prioritization.--In awarding grants under this 
                section, and in compliance with paragraphs (2) and (3), 
                the Secretary may prioritize eligible entities located--
                          (i) in rural communities;
                          (ii) on Tribal lands; and
                          (iii) in areas where there is a significant 
                      population of veterans aged 55 years old and 
                      older.
            (5) Intervals of payment and maximum grant amount.--The 
        Secretary may establish intervals of payment for the 
        administration of grants under this section and a maximum grant 
        amount to be awarded, in accordance with the services being 
        provided by staff hired using grant amounts and the duration of 
        such services.

    (d) Use of Grant Amounts.--The recipient of a grant under the pilot 
program--
            (1) shall use grant amounts for the hiring of appropriately 
        qualified medical staff to care for veterans described in 
        subsection (a) who require assistance with activities of daily 
        living or need consistent medical attention and monitoring; and
            (2) may use such amounts for supplies, administrative 
        support, and infrastructure needs associated with the duties of 
        such staff and the needs of such veterans.

    (e) Requirements for Receipt of Grants.--
            (1) Notification that services are from department.--Each 
        entity receiving a grant under this section shall notify the 
        recipients of services provided pursuant to grant amounts that 
        such services are being paid for, in whole or in part, by the 
        Department.
            (2) Coordination.--An entity receiving a grant under this 
        section shall--
                    (A) coordinate with the Secretary with respect to 
                the provision of clinical services to eligible 
                individuals or any other provisions of the law regarding 
                the delivery of health care by the Secretary;
                    (B) inform each veteran who receives assistance 
                under this section from the entity of the ability of the 
                veteran to apply for enrollment in the patient 
                enrollment system of the Department under section 
                1705(a) of title 38, United States Code; and
                    (C) if such a veteran wishes to so enroll, inform 
                the veteran of a point of contact at the Department who 
                can assist the veteran in such enrollment.

    (f) <<NOTE: Requirement.>>  Report on Services Provided.--The 
Secretary shall require each eligible entity awarded a grant under this 
section to submit to the Secretary a report that describes the services 
provided or coordinated with amounts under such grant.

    (g) Duration.--The Secretary shall carry out the pilot program 
during the five-year period beginning on the date on which the pilot 
program commences.
    (h) Reports to Congress.--

[[Page 136 STAT. 5475]]

            (1) In general.--Not later than one year after the date on 
        which the first grants are awarded under this section, and 
        annually thereafter until the program terminates, the Secretary 
        shall submit to the Committee on Veterans' Affairs of the Senate 
        and the Committee on Veterans' Affairs of the House of 
        Representatives a report on the effectiveness of the program.
            (2) Elements.--The report required by paragraph (1) shall 
        include the number of veterans served by the pilot program under 
        the care of a staff member the funding for whom is provided by a 
        grant under the program, disaggregated by--
                    (A) geographic location;
                    (B) sex;
                    (C) age;
                    (D) race and ethnicity;
                    (E) whether or not a veteran received health care 
                from the Department during the two-year period preceding 
                the date on which the veteran began participating in the 
                program;
                    (F) the number of veterans who transitioned into 
                permanent housing as a result of participation in the 
                program;
                    (G) with respect to veterans who did not transition 
                into permanent housing as a result of participation in 
                the program, the main reasons for not so transitioning;
                    (H) discharge status; and
                    (I) eligibility for health care provided by the 
                Department of Veterans Affairs.
SEC. 311. <<NOTE: 38 USC 1720A note.>>  PILOT PROGRAM ON AWARD OF 
                        GRANTS FOR SUBSTANCE USE DISORDER RECOVERY 
                        FOR HOMELESS VETERANS.

    (a) <<NOTE: Deadline.>>  Pilot Program Required.--Not later than 270 
days after the date of the enactment of this Act, the Secretary of 
Veterans Affairs shall commence carrying out a pilot program under which 
the Secretary shall award grants to eligible entities for the provision 
or coordination of services for recovery from substance use disorder for 
veterans who are homeless, were previously homeless and are 
transitioning to permanent housing, or are at risk of becoming homeless.

    (b) Duration.--The Secretary shall carry out the pilot program 
during the five-year period beginning on the date of the commencement of 
the pilot program.
    (c) Locations.--The Secretary shall carry out the pilot program at 
not fewer than five locations selected by the Secretary for purposes of 
the pilot program.
    (d) Award of Grants.--
            (1) In general.--In carrying out the pilot program, the 
        Secretary shall award a grant to an eligible entity for each 
        veteran with substance use disorder participating in the pilot 
        program for which the eligible entity is providing or 
        coordinating the provision of recovery services for substance 
        use disorder under the pilot program.
            (2) Intervals of payment and maximum amounts.--The Secretary 
        may establish intervals of payment for the administration of 
        grants under this section and a maximum amount to be awarded, in 
        accordance with the services being provided and the duration of 
        such services.

[[Page 136 STAT. 5476]]

            (3) Preference.--In awarding grants under paragraph (1), the 
        Secretary shall give preference to eligible entities providing 
        or coordinating the provision of recovery services for substance 
        use disorder for veterans with substance-use dependency who face 
        barriers in accessing substance-use recovery services from the 
        Department of Veterans Affairs.
            (4) Equitable distribution.--The Secretary shall ensure 
        that, to the extent practicable, grant amounts awarded under 
        paragraph (1) are equitably distributed across geographic 
        regions, including rural and Tribal communities.
            (5) <<NOTE: Requirement.>>  Report on services provided.--
        The Secretary shall require each eligible entity awarded a grant 
        under paragraph (1) to submit to the Secretary a report that 
        describes the services provided or coordinated with amounts 
        under such grant.

    (e) Requirements for Receipt of Grants.--
            (1) Notification that services are from department.--Each 
        entity receiving a grant under this section shall notify the 
        recipients of services provided pursuant to grant amounts that 
        such services are being paid for, in whole or in part, by the 
        Department.
            (2) Coordination.--An entity receiving a grant under this 
        section shall--
                    (A) coordinate with the Secretary with respect to 
                the provision of clinical services to eligible 
                individuals or any other provisions of law regarding the 
                delivery of health care by the Secretary;
                    (B) inform each veteran who receives assistance 
                under this section from the entity of the ability of the 
                veteran to apply for enrollment in the patient 
                enrollment system of the Department under section 
                1705(a) of title 38, United States Code; and
                    (C) if such a veteran wishes to so enroll, inform 
                the veteran of a point of contact at the Department who 
                can assist the veteran in such enrollment.

    (f) Grant Application.--
            (1) In general.--An eligible entity seeking the award of a 
        grant under this section shall submit to the Secretary an 
        application therefor in such form, in such manner, and 
        containing such commitments and information as the Secretary 
        considers necessary to carry out this section.
            (2) Contents of application.--Each application submitted by 
        an eligible entity under paragraph (1) shall contain the 
        following:
                    (A) A description of the recovery services for 
                substance use disorder proposed to be provided by the 
                eligible entity under the pilot program and the 
                identified need for those services.
                    (B) A description of the types of veterans with 
                substance use disorder proposed to be provided such 
                recovery services.
                    (C) <<NOTE: Estimate.>>  An estimate of the number 
                of veterans with substance use disorder proposed to be 
                provided such recovery services.
                    (D) Evidence of the experience of the eligible 
                entity in providing such recovery services to veterans 
                with substance use disorder.

[[Page 136 STAT. 5477]]

                    (E) A description of the managerial capacity of the 
                eligible entity--
                          (i) to assess continually the needs of 
                      veterans with substance use disorder for such 
                      recovery services;
                          (ii) to coordinate the provision of such 
                      recovery services with services provided by the 
                      Department; and
                          (iii) to tailor such recovery services to the 
                      needs of veterans with substance use disorder.
            (3) Criteria for selection.--
                    (A) In general.--The Secretary shall establish 
                criteria for the selection of eligible entities to be 
                awarded grants under this section.
                    (B) Elements.--Criteria established under 
                subparagraph (A) with respect to an eligible entity 
                shall include the following:
                          (i) Relevant accreditation as may be required 
                      by each State in which the eligible entity 
                      operates.
                          (ii) Experience coordinating care or providing 
                      treatment for veterans or members of the Armed 
                      Forces.

    (g) Participation.--Participation by a veteran in the pilot program 
shall not affect any eligibility status or requirements for such veteran 
with respect to other benefits or services provided by the Department.
    (h) Technical Assistance.--
            (1) In general.--The Secretary shall provide training and 
        technical assistance to eligible entities awarded grants under 
        this section regarding the planning, development, and provision 
        of recovery services for substance use disorder under this 
        section.
            (2) Provision of training.--The Secretary may provide the 
        training required under paragraph (1) directly or through grants 
        or contracts with such public or nonprofit private entities as 
        the Secretary considers appropriate for purposes of this 
        section, including through grants awarded under section 2064 of 
        title 38, United States Code.

    (i) Collection of Information.--To the extent practicable, the 
Secretary may collect information from an eligible entity awarded a 
grant under this section relating to a substance use disorder of a 
veteran participating in the pilot program for inclusion in the 
electronic health record of the Department for such veteran for the sole 
purpose of improving care provided to such veteran.
    (j) Study on Effectiveness of Pilot Program.--
            (1) In general.--The Secretary shall conduct a study on the 
        effectiveness of the pilot program in meeting the needs of 
        veterans with substance use disorder.
            (2) Comparison.--In conducting the study required by 
        paragraph (1), the Secretary shall compare the results of the 
        pilot program with other programs of the Department dedicated to 
        the delivery to veterans of recovery services for substance use 
        disorder.
            (3) Criteria.--In making the comparison required by 
        paragraph (2), to the extent data is available, the Secretary 
        shall examine the following:
                    (A) The satisfaction of veterans targeted by the 
                programs described in paragraph (2).

[[Page 136 STAT. 5478]]

                    (B) The health status of such veterans, including 
                mental health.
                    (C) The degree to which such programs encourage such 
                veterans to engage in productive activity.
                    (D) The number of veterans using such programs, 
                disaggregated by--
                          (i) veterans who have received health care 
                      provided by the Department during the two-year 
                      period preceding the conduct of the study;
                          (ii) veterans who have not received health 
                      care provided by the Department during such 
                      period;
                          (iii) veterans eligible for health care 
                      provided by the Department, disaggregated by--
                                    (I) veterans eligible for services 
                                from the Department similar to services 
                                provided under the pilot program; and
                                    (II) veterans not eligible for such 
                                services from the Department; and
                          (iv) veterans ineligible for health care 
                      provided by the Department.
                    (E) The number of veterans who are still homeless or 
                at risk of becoming homeless one year after completion 
                of receipt of recovery services under such programs.
                    (F) The number of veterans who still have a 
                substance use disorder that negatively impacts their 
                daily living and ability to maintain independent housing 
                180 days after discharge from receipt of services 
                provided under this section.
                    (G) The status of the discharge from the Armed 
                Forces of veterans covered under this paragraph.
            (4) Reports.--Not later than one year after the date on 
        which the first grant is awarded under this section, and 
        annually thereafter, the Secretary shall submit to the Committee 
        on Veterans' Affairs of the Senate and the Committee on 
        Veterans' Affairs of the House of Representatives a report on 
        the results of the study required by paragraph (1).

    (k) Definitions.--In this section:
            (1) Eligible entity.--The term ``eligible entity'' means any 
        of the following:
                    (A) An incorporated private institution or 
                foundation--
                          (i) no part of the net earnings of which 
                      inures to the benefit of any member, founder, 
                      contributor, or individual;
                          (ii) that has a governing board that is 
                      responsible for the operation of the recovery 
                      services for substance use disorder provided under 
                      this section; and
                          (iii) that is approved by the Secretary with 
                      respect to financial responsibility.
                    (B) A for-profit limited partnership, the sole 
                general partner of which is an organization meeting the 
                requirements of subparagraph (A).
                    (C) A corporation wholly owned and controlled by an 
                organization meeting the requirements of subparagraph 
                (A).
                    (D) A tribally designated housing entity (as defined 
                in section 4 of the Native American Housing Assistance 
                and Self-Determination Act of 1996 (25 U.S.C. 4103)).

[[Page 136 STAT. 5479]]

            (2) Substance use disorder.--The term ``substance use 
        disorder'', with respect to a veteran, means the veteran has 
        been diagnosed with, or is seeking treatment for, substance use 
        disorder, as determined by the Secretary.
SEC. 312. REPORT BY COMPTROLLER GENERAL OF THE UNITED STATES ON 
                        AFFORDABLE HOUSING FOR VETERANS.

    (a) Report Required.--Not later than three years after the date of 
the enactment of this Act, the Comptroller General of the United States 
shall submit to the Committee on Veterans' Affairs of the Senate and the 
Committee on Veterans' Affairs of the House of Representatives a report 
on the availability of affordable housing for veterans who have or are 
participating in any program administered by the Homeless Programs 
Office of the Department of Veterans Affairs.
    (b) <<NOTE: Time period.>>  Contents.--The report required by 
subsection (a) shall include, with respect to the one-year period 
preceding the date of the enactment of this Act, the following:
            (1) The number of veterans using housing vouchers under the 
        program carried out under section 8(o)(19) of the United States 
        Housing Act of 1937 (42 U.S.C. 1437f(o)(19)) (commonly referred 
        to as ``HUD-VASH'').
            (2) The number of veterans who were allocated a housing 
        voucher described in paragraph (1) but who have been unable to 
        attain permanent housing.
            (3) The number of available housing vouchers described in 
        paragraph (1) that are unused for any reason.
            (4) <<NOTE: Data.>>  Available data regarding the number of 
        veterans who were discharged from transitional housing provided 
        using amounts provided under sections 2061 and 2012 of title 38, 
        United States Code, and did not transition to permanent housing 
        due to a shortage of--
                    (A) case managers under the program described in 
                paragraph (1);
                    (B) housing vouchers described in such paragraph; or
                    (C) housing that meets the requirements and 
                limitations with respect to such vouchers.

    (c) Disaggregation.--The contents of the report described in 
paragraphs (1), (2), and (4) of subsection (b) shall be disaggregated by 
veterans with a household income that does not exceed--
            (1) the area median income;
            (2) 80 percent of the area median income;
            (3) 50 percent of the area median income; and
            (4) 30 percent of the area median income.
SEC. 313. STUDY ON FINANCIAL AND CREDIT COUNSELING.

    (a) Study Required.--The Secretary of Veterans Affairs shall conduct 
a comprehensive study on--
            (1) the use of and variation of financial and credit 
        counseling services available for homeless veterans and veterans 
        experiencing housing instability;
            (2) barriers to accessing financial and credit counseling 
        for such veterans; and
            (3) the ability to evaluate and assess the potential effects 
        of financial and credit counseling for such veterans with 
        respect to housing, employment, income, and other outcomes the 
        Secretary determines appropriate.

[[Page 136 STAT. 5480]]

    (b) Methodology.--In conducting the study under subsection (a), the 
Secretary shall--
            (1) <<NOTE: Survey.>>  survey--
                    (A) homeless veterans and veterans experiencing 
                housing instability who are enrolled in the Supportive 
                Services for Veterans Families program;
                    (B) such veterans who do not seek or receive the 
                care or services under such program or a similar 
                program;
                    (C) grantees of the Supportive Services for Veterans 
                Families program;
                    (D) financial and credit counselors; and
                    (E) persons who are subject matter experts regarding 
                the use of financial and credit counseling services that 
                the Secretary determines appropriate; and
            (2) administer the survey to a representative sample of 
        homeless veterans and veterans experiencing housing instability 
        in areas with high veteran homelessness.

    (c) Use and Variation of Services.--In conducting the study under 
subsection (a)(1), the Secretary shall--
            (1) <<NOTE: Data.>>  use data from the Supportive Services 
        for Veterans Families program and other data collected by the 
        Department of Veterans Affairs, data collected by other 
        departments or agencies of the Federal Government, and data 
        collected by nongovernmental entities to compare the use of and 
        variation of financial and credit counseling services available 
        for homeless veterans and veterans experiencing housing 
        instability and such use and variation for other individuals; 
        and
            (2) <<NOTE: Assessment.>>  assess such services made 
        available through the Supportive Services for Veterans Families 
        program, including with respect to the types, modes of delivery, 
        duration, consistency, and quality, of such services.

    (d) Barriers to Counseling.--In conducting the study under 
subsection (a)(2), the Secretary shall conduct research on the effects 
of the following perceived barriers to financial and credit counseling 
for homeless veterans and veterans experiencing housing instability 
surveyed in the study:
            (1) <<NOTE: Cost.>>  The cost of financial and credit 
        counseling services.
            (2) The perceived stigma associated with seeking financial 
        and credit counseling assistance.
            (3) The effect of driving distance or availability of other 
        forms of transportation to the nearest facility that received a 
        grant under the Supportive Services for Veterans Families 
        program.
            (4) The availability of child care.
            (5) The comprehension of eligibility requirements for, and 
        the scope of services available under, the Supportive Services 
        for Veterans Families program.
            (6) The effectiveness of outreach for the services available 
        to such veterans under the Supportive Services for Veterans 
        Families program.
            (7) The location and operating hours of facilities that 
        provide services to such veterans under the Supportive Services 
        for Veterans Families program.
            (8) The COVID-19 pandemic and other health related issues.
            (9) Such other significant barriers as the Secretary 
        considers appropriate.

[[Page 136 STAT. 5481]]

    (e) Evaluation and Assessment of Effects of Counseling.--
            (1) Effects.--In conducting the study under subsection 
        (a)(3), the Secretary shall conduct research on the ability to 
        evaluate and assess the potential effects of financial and 
        credit counseling services on homeless veterans and veterans 
        experiencing housing instability with respect to the following:
                    (A) The effects of such services on employment by 
                comparing the veterans who received such services and 
                the veterans who did not receive such services.
                    (B) The effects of such services on housing status 
                by comparing the veterans who received such services and 
                the veterans who did not receive such services.
                    (C) The effects of such services on income by 
                comparing the veterans who received such services and 
                the veterans who did not receive such services.
                    (D) The effects of such services on credit score by 
                comparing the veterans who received such services and 
                the veterans who did not receive such services.
                    (E) The effects of such services on other outcomes 
                the Secretary determines appropriate.
            (2) Data and recommendations.--In carrying out paragraph 
        (1), the Secretary shall--
                    (A) <<NOTE: Determination.>>  determine the relevant 
                data that is available to the Secretary and determine 
                the confidence of the Secretary with respect to 
                accessing any additional data the Secretary may require; 
                and
                    (B) provide recommendations regarding the optimal 
                research or evaluation design that would generate the 
                greatest insights and value.

    (f) Discharge by Contract.--The Secretary may seek to enter into a 
contract with a qualified independent entity or organization to carry 
out the study and research required under this section, including such 
an entity or organization that is able to access credit scores, data 
maintained by the Internal Revenue Service, and other date beneficial to 
studying income.
    (g) Mandatory Review of Data by Certain Elements of Department.--
            (1) Reviews required.--The Secretary shall ensure that the 
        head of each element of the Department of Veterans Affairs 
        specified in paragraph (3) reviews the results of the study 
        conducted under subsection (a).
            (2) <<NOTE: Recommenda- tions.>>  Submittal of findings.--
        The head of each element specified in paragraph (3) shall submit 
        to the Deputy Under Secretary for Health for Operations and 
        Management the findings of the head with respect to the review 
        conducted by the under paragraph (1), including recommendations 
        regarding what data the Secretary should collect from grantees 
        under the Supportive Services for Veterans Families program.
            (3) Specified elements.--The elements of the Department of 
        Veterans Affairs specified in this paragraph are the following:
                    (A) The Advisory Committee on Homeless Veterans 
                established under section 2066 of title 38, United 
                States Code.
                    (B) The Advisory Committee on Women Veterans 
                established under section 542 of title 38, United States 
                Code.

[[Page 136 STAT. 5482]]

                    (C) The Advisory Committee on Minority Veterans 
                established under section 544 of title 38, United States 
                Code.
                    (D) The Homeless Programs Office of the Veterans 
                Health Administration.
                    (E) The Office of Tribal Government Relations of the 
                Department.

    (h) Reports.--
            (1) Interim report.--Not later than one year after the date 
        of the enactment of this Act, the Secretary shall submit to 
        Congress an interim report on the study under subsection (a).
            (2) Final report.--
                    (A) In general.--Not later than 30 months after the 
                date of the enactment of this Act, the Secretary shall 
                submit to Congress a report on the study under 
                subsection (a).
                    (B) Contents.--The report required by subparagraph 
                (A) shall include--
                          (i) the findings of the head of each element 
                      of the Department specified under subsection 
                      (g)(3); and
                          (ii) <<NOTE: Recommenda- tions.>>  
                      recommendations for such administrative and 
                      legislative action as the Secretary considers 
                      appropriate.

    (i) Definition.--In this section:
            (1) Homeless veterans and veterans experiencing housing 
        instability.--The term ``homeless veterans and veterans 
        experiencing housing instability'' means veterans who are 
        homeless (as that term is defined in subsection (a) or (b) of 
        section 103 of the McKinney-Vento Homeless Assistance Act (42 
        U.S.C. 11302)).
            (2) Supportive services for veterans families program.--The 
        term ``Supportive Services for Veterans Families program'' means 
        the program established pursuant to section 2044 of title 38, 
        United States Code.

                         TITLE IV--OTHER MATTERS

SEC. 401. <<NOTE: 38 USC 8121 note.>>  DEPARTMENT OF VETERANS 
                        AFFAIRS SUPPLY CHAIN RESILIENCY.

    (a) Report on Critical Items and Requirements.--Not later than 90 
days after the date of the enactment of this Act, the Secretary of 
Veterans Affairs shall submit to the Committee on Veterans' Affairs of 
the Senate and the Committee on Veterans' Affairs of the House of 
Representatives a report containing each of the following:
            (1) A description of the items and types of items the 
        Secretary considers critical with respect to--
                    (A) the ongoing response to the Coronavirus 2019 
                (COVID-19) pandemic; and
                    (B) future epidemic, pandemic, emergency, national 
                emergency, or natural disaster scenarios.
            (2) The quantities of the items described in paragraph (1) 
        that are available, as of the date of the enactment of this Act, 
        in inventories, emergency caches, or other emergency inventories 
        of the Department of Veterans Affairs.

[[Page 136 STAT. 5483]]

            (3) The anticipated quantities of the items described in 
        paragraph (1) that would be necessary under potential epidemic, 
        pandemic, emergency, national emergency, or natural disaster 
        scenarios the Secretary determines to be relevant for planning 
        purposes.
            (4) The assumptions and key planning factors used by the 
        Secretary to identify the items, types of items, and necessary 
        quantities of items for types of scenarios, as described in 
        paragraphs (1) and (3).

    (b) Participation in Warstopper Program.--
            (1) <<NOTE: Deadline. Contracts.>>  In general.--Not later 
        than one year after the date of the enactment of this Act, the 
        Secretary of Veterans Affairs and the Secretary of Defense shall 
        enter into an agreement to provide for the participation of the 
        Department of Veterans Affairs in the program known as the 
        ``Warstopper Program'' of the Defense Logistics Agency, or any 
        successor program.
            (2) Requirements.--Pursuant to the agreement under paragraph 
        (1), the Defense Logistics Agency shall--
                    (A) ensure the maintenance and stability of the 
                items that are identified as critical in the report 
                required under subsection (a) and that the Secretary of 
                Defense determines are appropriate for the Warstopper 
                Program;
                    (B) <<NOTE: Guidance.>>  establish guidance for the 
                participation of the Department of Veterans Affairs in 
                the Warstopper Program that includes an identification 
                of the items and types of items that are critical to the 
                needs of the Department of Veterans Affairs; and
                    (C) use existing contracts and agreements and enter 
                into new contracts and agreements, as necessary, with 
                manufacturers and distributors to reserve the supply of 
                such critical items rather than rely on holding physical 
                inventories of such items.

    (c) Reimbursement.--The Secretary of Veterans Affairs shall 
reimburse the Secretary of Defense for any expenses or obligations 
incurred to facilitate the participation of the Department of Veterans 
Affairs in the Warstopper Program pursuant to subsection (b).
    (d) Prohibition on Exclusive Reliance on Regional Inventories.--The 
Secretary of Veterans Affairs shall ensure that the Department does not 
exclusively rely on holding regional, physical inventories of critical 
items in order to respond to greater than expected needs for such items 
during epidemic, pandemic, emergency, national emergency, or natural 
disaster situations.
    (e) Report on Implementation.--
            (1) In general.--Not later than 450 days after the date of 
        the enactment of this Act, the Secretary of Veterans Affairs 
        shall submit to the Committee on Veterans' Affairs of the Senate 
        and the Committee on Veterans' Affairs of the House of 
        Representatives a report on the implementation of this section.
            (2) Contents.--The report submitted under paragraph (1) 
        shall contain each the following:
                    (A) <<NOTE: Implementation plan.>>  An 
                implementation plan for the participation of the 
                Department of Veterans Affairs in the Warstopper 
                Program, including milestones and timelines for related 
                administrative, contracting, and readiness activities.

[[Page 136 STAT. 5484]]

                    (B) For each of the items and associated quantities 
                identified in paragraphs (1) and (3) of subsection (a)--
                          (i) the method by which the Secretary of 
                      Veterans Affairs plans to ensure the Department 
                      continues to have access to adequate quantities of 
                      such items and types of items, including in the 
                      Warstopper Program, in regional, physical 
                      inventories, or other methods; and
                          (ii) justifications for the method or methods 
                      identified under clause (i).
            (3) Updates to report.--The Secretary shall update the 
        report required under paragraph (1) on an annual basis for each 
        of the two years following the submission of the report under 
        such paragraph and submit such updates to the Committee on 
        Veterans' Affairs of the Senate and the Committee on Veterans' 
        Affairs of the House of Representatives.
SEC. 402. IMPROVEMENTS TO EQUAL EMPLOYMENT OPPORTUNITY FUNCTIONS 
                        OF DEPARTMENT OF VETERANS AFFAIRS.

    (a) Alignment of Equal Employment Opportunity Director.--
            (1) Reporting and duties.--Subsection (h) of section 516 of 
        title 38, United States Code, is amended--
                    (A) by striking ``The provisions'' and inserting 
                ``(1) The provisions''; and
                    (B) by adding at the end the following new 
                paragraph:

    ``(2) <<NOTE: Deadline.>>  Beginning not later than 90 days after 
the date of the enactment of the Joseph Maxwell Cleland and Robert 
Joseph Dole Memorial Veterans Benefits and Health Care Improvement Act 
of 2022, in carrying out paragraph (1), the Secretary shall ensure that 
the official of the Department who serves as the Equal Employment 
Opportunity Director of the Department--
            ``(A) reports directly to the Deputy Secretary with respect 
        to the functions under this section; and
            ``(B) does not also serve in a position that has 
        responsibility over personnel functions of the Department or 
        other functions that conflict with the functions under this 
        section.''.
            (2) Conforming amendments.--Such section is further 
        amended--
                    (A) in subsection (b)(1), by inserting ``, in 
                accordance with subsection (h)(2),'' after ``an 
                Assistant Secretary or a Deputy Assistant Secretary''; 
                and
                    (B) in subsection (e)(1)(A), by striking ``the 
                Assistant Secretary for Human Resources and 
                Administration'' and inserting ``the Secretary''.

    (b) Alignment of EEO Program Managers.--Such section is further 
amended by adding at the end the following new subsection:
    ``(i) <<NOTE: Deadline.>>  In accordance with subsection (b), not 
later than one year after the date of the enactment of the Joseph 
Maxwell Cleland and Robert Joseph Dole Memorial Veterans Benefits and 
Health Care Improvement Act of 2022, the Secretary shall ensure that 
each Equal Employment Opportunity program manager of the Department at 
the facility level reports to the head of the Office of Resolution 
Management, or such successor office established pursuant to subsection 
(a), with respect to the equal employment functions of the program 
manager.''.

[[Page 136 STAT. 5485]]

    (c) Reporting Harassment and Employment Discrimination Complaints.--
Subsection (a) of such section is amended--
            (1) by striking ``The Secretary'' and inserting ``(1) The 
        Secretary''; and
            (2) by adding at the end the following new paragraph:

    ``(2) The Secretary shall ensure that the employment discrimination 
complaint resolution system established under paragraph (1) requires 
that any manager of the Department who receives a sexual or other 
harassment or employment discrimination complaint reports such complaint 
to the Office of Resolution Management, or successor office, 
immediately, or if such immediate reporting is impracticable, not later 
than two days after the date on which the manager receives the 
complaint.''.
    (d) Training.--Subsection (c) of such section is amended--
            (1) by inserting ``(1)'' before ``The Secretary''; and
            (2) by adding at the end the following new paragraph:

    ``(2)(A) <<NOTE: Deadlines.>>  Beginning not later than 180 days 
after the date of the enactment of the Joseph Maxwell Cleland and Robert 
Joseph Dole Memorial Veterans Benefits and Health Care Improvement Act 
of 2022, the Secretary shall provide to each employee of the Department 
mandatory annual training on identifying and addressing sexual and other 
harassment and employment discrimination, including with respect to 
processes under the Harassment Prevention Program of the Department, or 
such successor program.

    ``(B) An employee of the Department who is hired on or after such 
date shall receive the first such mandatory annual training not later 
than 60 days after being hired.''.
    (e) <<NOTE: Deadlines. 38 USC 516 note.>>  Harassment and Employment 
Discrimination Policies and Directives.--The Secretary of Veterans 
Affairs shall--
            (1) by not later than the date that is 180 days after the 
        date of the enactment of this Act, and on a regular basis 
        thereafter, review the policies relating to sexual and other 
        harassment and employment discrimination of the Department of 
        Veterans Affairs to ensure that such policies are complete and 
        in accordance with the sexual and other harassment and 
        employment discrimination policies established by the Office of 
        Resolution Management of the Department, or successor office; 
        and
            (2) by not later than 180 days after the date of the 
        enactment of this Act, issue a final directive and a handbook 
        for the Harassment Prevention Program of the Department.

    (f) <<NOTE: 38 USC 516 note.>>  Semiannual Reports.--Not later than 
180 days after the date of the enactment of this Act, and semiannually 
thereafter for one year, the Secretary of Veterans Affairs shall submit 
to the Committee on Veterans' Affairs of the Senate and the Committee on 
Veterans' Affairs of the House of Representatives a report on the 
progress the Secretary has made in carrying out this section and section 
516 of title 38, United States Code, as amended by this section, 
including with respect to reporting sexual and other harassment and 
employment discrimination complaints pursuant to subsection (a)(2) of 
such section 516.
SEC. 403. DEPARTMENT OF VETERANS AFFAIRS INFORMATION TECHNOLOGY 
                        REFORM ACT OF 2022.

    (a) In General.--Chapter 81 of title 38, United States Code, is 
amended by adding at the end the following new subchapter:

[[Page 136 STAT. 5486]]

 ``SUBCHAPTER VI <<NOTE: 38 USC prec. 8171.>> --INFORMATION TECHNOLOGY 
PROJECTS AND ACTIVITIES
``Sec. 8171. <<NOTE: 38 USC 8171.>>  Definitions

    ``In this subchapter:
            ``(1) The term `appropriate congressional committees' 
        means--
                    ``(A) the Committee on Veterans' Affairs and the 
                Committee on Appropriations of the Senate; and
                    ``(B) the Committee on Veterans' Affairs and the 
                Committee on Appropriations of the House of 
                Representatives.
            ``(2) The term `information technology' has the meaning 
        given that term in section 11101 of title 40.
            ``(3)(A) The term `information technology project' means a 
        project or program of the Department (including a project or 
        program of any element of the Department) for, or including, the 
        acquisition or implementation of information technology.
            ``(B) In cases where the Secretary transmits to the Director 
        of the Office of Management and Budget information regarding 
        information technology investments, which may consist of 
        individual or multiple projects, the term `information 
        technology project' refers to an individual project or program 
        or a grouping of multiple projects or programs resulting in the 
        acquisition or implementation of discrete information 
        technology.
            ``(4) The term `life cycle costs' means all direct and 
        indirect costs to acquire, implement, operate, and maintain 
        information technology, including with respect to costs of any 
        element of the Department.
            ``(5) The term `major information technology project' means 
        an information technology project if--
                    ``(A) the project is designated by the Secretary, 
                the Chief Information Officer of the Department, or the 
                Director of the Office of Management and Budget as a 
                major information technology investment, as defined in 
                section 11302 of title 40; or
                    ``(B) the dollar value of the project is estimated 
                by the Secretary to exceed--
                          ``(i) $1,000,000,000 (as adjusted for 
                      inflation pursuant to section 1908 of title 41) 
                      for the total life cycle costs of the project; or
                          ``(ii) $200,000,000 (as adjusted for inflation 
                      pursuant to section 1908 of title 41) annually.
            ``(6) The term `business owner' means, with respect to an 
        information technology project, the program manager, project 
        manager, or other supervisory official of the Department 
        responsible for the project.
``Sec. 8172. <<NOTE: 38 USC 8172.>>  Management of major 
                  information technology projects

    ``(a) <<NOTE: Reports.>>  Cost, Schedule, and Performance 
Information.--(1) The Secretary shall, acting through the Chief 
Information Officer of the Department, submit to the appropriate 
congressional committees a report containing information on the cost, 
schedule, and performance of each major information technology project 
that begins after the date of the enactment of the Joseph Maxwell 
Cleland and Robert Joseph Dole Memorial Veterans Benefits and

[[Page 136 STAT. 5487]]

Health Care Improvement Act of 2022, as generated by the business owner 
of the project, prior to the commencement of such project.

    ``(2) Each report submitted under paragraph (1) for a project shall 
include, with respect to such project, the following:
            ``(A) <<NOTE: Estimate.>>  An estimate of acquisition costs, 
        implementation costs, and life cycle costs.
            ``(B) <<NOTE: Implementation schedule.>>  An intended 
        implementation schedule indicating significant milestones, 
        initial operating capability, and full operating capability or 
        completion.
            ``(C) Key business, functional, and performance objectives.

    ``(b) Baseline.--(1) The Secretary shall use the information on the 
cost, schedule, and performance of a major information technology 
project included in the report under subsection (a) as the baseline 
against which changes or variances are measured during the life cycle of 
such project.
    ``(2) The Secretary shall--
            ``(A) <<NOTE: Deadline. Update.>>  annually update the 
        baseline of a major information technology project pursuant to 
        subsection (c); and
            ``(B) include such updated baseline in the documents 
        providing detailed information on the budget for the Department 
        that the Secretary submits to Congress in conjunction with the 
        President's budget submission pursuant to section 1105 of title 
        31.

    ``(c) <<NOTE: Deadline. Notification.>>  Changes and Variances.--(1) 
Not later than 60 days after the date on which the Secretary identifies 
a change or variance described in paragraph (2) in the cost, schedule, 
or performance of a major information technology project, the Secretary, 
acting through the Chief Information Officer, shall submit to the 
appropriate congressional committees a notification of such change or 
variance, including a description and explanation for such change or 
variance.

    ``(2) A change or variance in the cost, schedule, or performance of 
a major information technology project described in this paragraph is--
            ``(A) with respect to the acquisition, implementation, or 
        life cycle cost of the project, or development increment 
        therein, a change or variance that is 10 percent or greater 
        compared to the baseline;
            ``(B) <<NOTE: Time period.>>  with respect to the schedule 
        for a development increment or for achieving a significant 
        milestone, initial operating capability, or full operating 
        capability, or for the final completion of the project, a change 
        or variance that is 180 days or greater compared to the 
        baseline; or
            ``(C) with respect to the performance, an instance where a 
        key business, functional, or performance objective is not 
        attained, or is not anticipated to be attained, in whole or in 
        part.

    ``(d) Management.--The Secretary shall ensure that each major 
information technology project is managed by an interdisciplinary team 
consisting of the following:
            ``(1) A project manager who--
                    ``(A)(i) is certified in project management at level 
                three by--
                          ``(I) the Department;
                          ``(II) the Federal Acquisition Institute 
                      pursuant to section 1201 of title 41; or

[[Page 136 STAT. 5488]]

                          ``(III) the Department of Defense pursuant to 
                      section 1701a of title 10; or
                    ``(ii) holds an equivalent certification by a 
                private sector project management certification 
                organization, as determined appropriate by the 
                Secretary; and
                    ``(B) is an employee of the Office of Information 
                and Technology of the Department or an employee of an 
                element of the Department at which the project 
                originates.
            ``(2) A functional lead who is an employee of the element of 
        the Department at which the project originates.
            ``(3) A technical lead who is an employee of the Office of 
        Information and Technology of the Department.
            ``(4) A contracting officer.
            ``(5) Sufficient other project management, functional, 
        technical, and procurement personnel as the Secretary determines 
        appropriate.
``Sec. 8173. <<NOTE: 38 USC 8173.>>  Information technology 
                  activities of the Financial Services Center

    ``(a) Management.--Consistent with sections 11302 and 11319 of title 
40--
            ``(1) the Chief Information Officer of the Department 
        shall--
                    ``(A) exercise authority over the management, 
                governance, and oversight processes relating to existing 
                or proposed information technology of the Financial 
                Services Center of the Department, or such successor 
                office; and
                    ``(B) supervise the information technology employees 
                and contractors of the Financial Services Center; and
            ``(2) the Director of the Financial Services Center of the 
        Department, or the head of such successor office, may not enter 
        into a contract or other agreement for information technology or 
        information technology services unless the contract or other 
        agreement has been reviewed and approved by the Chief 
        Information Officer.

    ``(b) Oversight.--The Chief Information Officer shall have oversight 
and operational authority over all information security practices of the 
Financial Services Center of the Department.
``Sec. 8174. <<NOTE: 38 USC 8174.>>  Submission of annual reviews 
                  of information technology

    ``(a) In General.--The Secretary, acting through the Chief 
Information Officer of the Department, shall submit to the appropriate 
congressional committees each annual review of the information 
technology portfolio of the Department conducted pursuant to section 
11319(d)(3) of title 40.
    ``(b) First Submission.--The first annual review submitted under 
subsection (a) shall include a copy of each previous annual review 
conducted under section 11319(d)(3) of title 40.
``Sec. 8175. <<NOTE: 38 USC 8175.>>  Information technology 
                  matters to be included in budget justification 
                  materials for the Department

    ``(a) List of Information Technology Projects in Effect.--The 
Secretary shall ensure that whenever the budget justification materials 
are submitted to Congress in support of the Department budget for a 
fiscal year (as submitted with the budget of the President for such 
fiscal year under section 1105(a) of title 31),

[[Page 136 STAT. 5489]]

such budget justification materials include a list of every information 
technology project currently in effect at the Department (including not 
only congressional projects and subprojects as determined by the 
Director of the Office of Management and Budget or the Secretary).
    ``(b) Prioritized List of Unfunded Projects.--(1) In addition to the 
list included in the budget justification materials required by 
subsection (a), the Secretary shall ensure that the budget justification 
materials described in such subsection also include summary descriptions 
and a prioritized list, in rank order, of every information technology 
project of the Department, proposed or intended to be proposed for the 
following one, two, or three fiscal years, that is unfunded as of the 
time of the inclusion of the list under this paragraph.
    ``(2) In producing the list required by paragraph (1), the Secretary 
shall--
            ``(A) ensure such list represents a ranking of all proposed 
        information technology projects that reflects the needs of all 
        elements of the Department;
            ``(B) produce one unified list for the entire Department 
        demonstrating how the various proposed information technology 
        projects of each of the elements of the Department rank in 
        priority with the information technology projects of the other 
        elements of the Department; and
            ``(C) ensure that the list--
                    ``(i) does not disaggregate and rank information 
                technology projects based on element of the Department; 
                and
                    ``(ii) does identify the element of the Department 
                requesting the information technology project.

    ``(3)(A) <<NOTE: Assessment.>>  In producing each list under 
paragraph (1), the Secretary shall prioritize and rank each information 
technology project based on an assessment of each of the following 
factors:
            ``(i) Degree of collaboration between business owners and 
        the Chief Information Officer with respect to joint functional-
        technical planning, requirements, and management.
            ``(ii) Operational or efficiency benefits to employees of 
        the Department created or produced by the information technology 
        project.
            ``(iii) <<NOTE: Cost.>>  The life cycle cost of the 
        information technology project.
            ``(iv) <<NOTE: Cost.>>  The cost savings or cost avoidance 
        yielded by the information technology project.
            ``(v) Time to completion of the information technology 
        project.
            ``(vi) The difficulty of the information technology project, 
        the likelihood the information technology project will be 
        completed, or the risks associated with undertaking the 
        information technology project.
            ``(vii) Tangible benefits to veterans created or produced by 
        the information technology project.
            ``(viii) Such other factors as the Secretary considers 
        appropriate.

    ``(B) The Secretary shall ensure that each list produced under 
paragraph (1) includes, for each information technology project included 
in the list, a brief description of the findings of the Secretary with 
respect to each assessment carried out by the Secretary

[[Page 136 STAT. 5490]]

for each factor for the information technology project under 
subparagraph (A).
    ``(c) <<NOTE: Time period.>>  Projected Funding Needs.--(1) In 
addition to the matters included under subsections (a) and (b), the 
Secretary shall ensure that the budget justification materials described 
in subsection (a) also include a projection of the one-year, two-year, 
and three-year funding needs of the Department for information 
technology, disaggregated by--
            ``(A) portfolio; and
            ``(B) the product line of the Department that requires the 
        funding.

    ``(2) In addition to the projections under paragraph (1), with 
respect to each of the periods set forth in such paragraph, the 
Secretary shall include a description of the funding required for each 
technology business management category used by the Office of 
Information Technology of the Department (commonly referred to as `cost 
pools' and `towers').''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter <<NOTE: 38 USC prec. 8101.>>  is amended by adding at the 
end the following:

     ``subchapter vi--information technology projects and activities

``Sec. 8171. Definitions.
``Sec. 8172. Management of major information technology projects.
``Sec. 8173. Information technology activities of the Financial Services 
           Center.
``Sec. 8174. Submission of annual reviews of information technology.
``Sec. 8175. Information technology matters to be included in budget 
           justification materials for the Department.''.

    (c) Application and Report Regarding Management of Major Information 
Technology Projects.--
            (1) <<NOTE: 38 USC 8172 note.>>  Current and new major 
        projects.--Except as specifically provided in subsection (a) of 
        section 8172 of title 38, United States Code, as added by 
        subsection (a) of this section, such section 8172 shall apply 
        with respect to major information technology projects that begin 
        before, on, or after the date of the enactment of this Act.
            (2) Report on current projects.--
                    (A) In general.--Not later than 90 days after the 
                date of the enactment of this Act, the Secretary of 
                Veterans Affairs shall submit to the appropriate 
                congressional committees a report on each major 
                information technology project that the Secretary is 
                carrying out as of the date of the report.
                    (B) Contents.--The report submitted under 
                subparagraph (A) shall contain, with respect to each 
                project described in such subparagraph, information on 
                the cost, schedule, and performance of the project as 
                described in subsection (a) of section 8172 of such 
                title, as so added.
            (3) <<NOTE: 38 USC 8172 note.>>  Definitions.--In this 
        subsection, the terms ``appropriate congressional committees'' 
        and ``major information technology project'' have the meanings 
        given those terms in section 8171 of title 38, United States 
        Code, as added by subsection (a) of this section.

    (d) <<NOTE: 38 USC 8173 note.>>  Information Technology Activities 
of the Financial Services Center.--
            (1) Effective date.--Section 8173 of such title, as added by 
        subsection (a), shall take effect on the date of the enactment 
        of this Act.

[[Page 136 STAT. 5491]]

            (2) Applicability.--Subsection (a)(2) of such section shall 
        apply with respect to contracts and agreements entered into on 
        or after the date of the enactment of this Act.

    (e) <<NOTE: 38 USC 8175 note.>>  Effective Date of Requirement for 
Projects in Budget Justification Materials.--Subsection (c) of section 
8175 of such title, as added by subsection (a) of this section, shall 
take effect on the first Monday in the second January beginning after 
the date of the enactment of this Act.
SEC. 404. REPORT ON INFORMATION TECHNOLOGY DASHBOARD INFORMATION.

    (a) Report.--Not later than 90 days after the date of the enactment 
of this Act, the Secretary of Veterans Affairs, acting through the Chief 
Information Officer of the Department of Veterans Affairs, shall submit 
to the appropriate congressional committees a report containing--
            (1) an explanation of the ratings, rankings, and risk 
        categorizations used by the Chief Information Officer pursuant 
        to subparagraph (C) of section 11302(c)(3) of title 40, United 
        States Code, with respect to the information technology 
        dashboard, or successor system, of the Office of Management and 
        Budget developed under such section; and
            (2) <<NOTE: Records.>>  copies of supporting or explanatory 
        information provided by the Chief Information Officer to the 
        Office of Management and Budget with respect to submissions by 
        the Chief Information Officer to the information technology 
        dashboard, or successor system, for the fiscal year in which the 
        report is submitted (other than information not otherwise made 
        public pursuant to such section).

    (b) Appropriate Congressional Committees Defined.--In section, the 
term ``appropriate congressional committees'' has the meaning given such 
term in section 8171 of title 38, United States Code, as added by 
section 403.
SEC. 405. IMPROVEMENTS TO TRANSPARENCY OF LAW ENFORCEMENT 
                        OPERATIONS OF DEPARTMENT OF VETERANS 
                        AFFAIRS.

    (a) Provision of Information.--Section 902 of title 38, United 
States Code, is amended by adding at the end the following new 
subsection:
    ``(e)(1) <<NOTE: Web posting.>>  The Secretary shall publish on the 
internet website of each facility of the Department the following 
information with respect to the facility:
            ``(A) <<NOTE: Summaries. Time period.>>  Summaries and 
        statistics covering the previous five-year period regarding--
                    ``(i) arrests made by and tickets issued by 
                Department police officers;
                    ``(ii) prosecutions, ticketing, and other actions 
                relating to such arrests;
                    ``(iii) the use of force and weapons discharge by 
                Department police officers; and
                    ``(iv) complaints, investigations, and disciplinary 
                actions regarding Department police officers.
            ``(B) Contact information for employees of the Department 
        and the public to directly contact the police force of the 
        facility, including for an individual (or the representative, 
        attorney, or authorized agent of the individual) to request 
        information regarding the arrest, ticketing, detainment, use of 
        force, or other police matters pertaining to that individual.

[[Page 136 STAT. 5492]]

    ``(2) The Secretary shall ensure that each police force of a 
facility of the Department is able to provide to an individual who 
contacts the police force pursuant to paragraph (1)(B) the information 
described in such paragraph.''.
    (b) <<NOTE: Deadlines.>>  Use of Body Worn Cameras by Department 
Police Officers.--
            (1) Requirement.--Subsection (a) of such section 902 is 
        amended by adding at the end the following new paragraph:

    ``(3) Beginning not later than 180 days after the date of the 
enactment of the Joseph Maxwell Cleland and Robert Joseph Dole Memorial 
Veterans Benefits and Health Care Improvement Act of 2022, the Secretary 
shall require Department police officers to use cameras worn on the 
individual police officer's person that record and store audio and video 
(commonly known as `body worn cameras').''.
            (2) <<NOTE: 38 USC 902 note.>>  Guidance.--Not later than 
        one year after the date of the enactment of this Act, the 
        Secretary of Veterans Affairs shall issue, and make publicly 
        available, guidance on the use of body worn cameras by 
        Department police officers pursuant to section 902(a)(3) of 
        title 38, United States Code, as amended by paragraph (1).
            (3) Consultation.--The Secretary shall issue the guidance 
        under paragraph (2) in consultation with veterans service 
        organizations, civil rights organizations, law enforcement 
        organizations, law enforcement accreditation organizations, 
        privacy rights organizations, and other relevant organizations 
        or experts.

    (c) Data and Reporting on Police Incidents.--Section 902 of title 
38, United States Code, as amended by subsection (a), is further amended 
by adding at the end the following new subsection:
    ``(f) <<NOTE: Analysis.>>  Police Incidents.--(1)(A) The Secretary 
shall track and analyze the following information regarding the police 
force of the Department:
            ``(i) Arrests made by and tickets issued by Department 
        police officers.
            ``(ii) Prosecutions, ticketing, and other actions relating 
        to such arrests.
            ``(iii) The use of force and weapons discharge.
            ``(iv) Complaints, investigations, and disciplinary actions.

    ``(B) The Secretary shall carry out subparagraph (A) by implementing 
one or more Department-wide data systems.
    ``(2)(A) <<NOTE: Deadline.>>  Beginning not later than one year 
after the date of the enactment of the Joseph Maxwell Cleland and Robert 
Joseph Dole Memorial Veterans Benefits and Health Care Improvement Act 
of 2022, the Secretary shall ensure that each incident described in 
subparagraph (C) is promptly reported to the Assistant Secretary with 
responsibility for operations, preparedness, security, and law 
enforcement functions.

    ``(B) The Assistant Secretary shall, in a timely manner--
            ``(i) <<NOTE: Review.>>  review each incident described in 
        subparagraph (C)(i) that is reported under subparagraph (A); and
            ``(ii) <<NOTE: Investigate.>>  investigate each incident 
        described in subparagraph (C)(ii) that is reported under 
        subparagraph (A).

    ``(C) An incident described in this subparagraph is either of the 
following:

[[Page 136 STAT. 5493]]

            ``(i) An incident, including an allegation, of the use of 
        force by a Department police officer.
            ``(ii) An incident, including an allegation, of the use of 
        force by a Department police officer that results in any person 
        receiving medical attention.''.

    (d) Plan on Police Staffing.--The Secretary shall develop a plan 
that establishes minimum standards for police staffing at each facility 
of the Department, including with respect to--
            (1) the number of Department police officers assigned to 
        each facility; and
            (2) the pay grades for such officers.

    (e) Report on Implementation.--
            (1) In general.--Not later than one year after the date of 
        the enactment of this Act, the Secretary shall submit to the 
        Committee on Veterans' Affairs of the Senate and the Committee 
        on Veterans' Affairs of the House of Representatives a report on 
        the implementation of this section and the amendments made by 
        this section.
            (2) Contents.--The report required by paragraph (1) shall 
        include the following:
                    (A) With respect to the staffing needs of the 
                Department police force--
                          (i) identification of the amount of turnover 
                      among Department police officers;
                          (ii) how the compensation for Department 
                      police officers affects such turnover;
                          (iii) a comparison of such compensation with 
                      the compensation provided to specialty police 
                      units, such as police units at medical facilities 
                      and other police units in the same locality pay 
                      area; and
                          (iv) the plan developed under subsection (d), 
                      including--
                                    (I) <<NOTE: Cost estimates.>>  
                                estimates on the costs to carry out the 
                                plan; and
                                    (II) <<NOTE: Recommenda- tions.>>  
                                any recommendations for legislative 
                                actions required to carry out the plan.
                    (B) With respect to body worn cameras, a review of 
                the implementation and use of body worn cameras by 
                Department police officers, including under pilot 
                programs carried out by the Secretary during the five-
                year period preceding the date of the report.

    (f) <<NOTE: 38 USC 902 note.>>  Definitions.--In this section:
            (1) Body worn camera.--The term ``body worn camera'' means a 
        camera worn on an individual police officer's person that 
        records and stores audio and video.
            (2) Department police officer.--The term ``Department police 
        officer'' means an employee of the Department of Veterans 
        Affairs described in section 902(a) of title 38, United States 
        Code.
SEC. 406. <<NOTE: 38 USC 303 note.>>  PLAN FOR REDUCTION OF 
                        BACKLOG OF FREEDOM OF INFORMATION ACT 
                        REQUESTS.

    (a) Plan.--
            (1) <<NOTE: Deadline.>>  In general.--The Secretary of 
        Veterans Affairs shall establish and carry out a plan for the 
        Secretary to meet, by not later than five years after the date 
        of the enactment of this Act, the requirements of section 552 of 
        title 5, United

[[Page 136 STAT. 5494]]

        States Code, (commonly known as the ``Freedom of Information 
        Act'' or ``FOIA'') with respect to providing documents and 
        information under such section within the timeframes required by 
        such section.
            (2) Elements.--The plan required by paragraph (1) shall 
        include the following:
                    (A) Improving and acquiring technology, including 
                with respect to searching email and other electronic 
                information, and the timelines for such improvement, to 
                ensure that the information technology of the Department 
                of Veterans Affairs is capable of carrying out the plan.
                    (B) Identification of efficient procedures, 
                policies, and systems of the Department that could be 
                developed to allow employees of the Department 
                responsible for replying to requests under such section 
                552 to search and review documents rather than other 
                employees of the Department.
                    (C) <<NOTE: Schedule.>>  A schedule for carrying out 
                the plan, including key milestones and metrics.

    (b) Compliance Assessment.--The Secretary shall request the Director 
of the Office of Government Information Services of the National 
Archives and Records Administration to conduct an assessment of the 
compliance by the Department of Veterans Affairs with section 552 of 
title 5, United States Code.
    (c) Reports.--
            (1) Initial report.--
                    (A) In general.--Not later than 180 days after the 
                date of the enactment of this Act, the Secretary shall 
                submit to the Committee on Veterans' Affairs of the 
                Senate and the Committee on Veterans' Affairs of the 
                House of Representatives a report on implementing 
                subsections (a) and (b).
                    (B) Contents.--The report required by subparagraph 
                (A) shall include the following:
                          (i) The plan established under subsection (a).
                          (ii) <<NOTE: Analysis.>>  An analysis of the 
                      root causes of the backlog of Freedom of 
                      Information Act requests.
                          (iii) <<NOTE: Recommenda- tions.>>  
                      Recommendations with respect to any additional 
                      resources or legislative action the Secretary 
                      determines necessary for such implementation.
            (2) <<NOTE: Time period.>>  Annual reports.--During the 
        five-year period following the date of the enactment of this 
        Act, the Secretary shall submit to the Committee on Veterans' 
        Affairs of the Senate and the Committee on Veterans' Affairs of 
        the House of Representatives annual reports on--
                    (A) carrying out the plan under subsection (a), 
                including any updates or changes made to the plan; and
                    (B) the compliance by the Department as described in 
                subsection (b).
            (3) <<NOTE: Public information. Web posting.>>  
        Publication.--The Secretary shall make publicly available on the 
        internet website of the Department the reports under paragraphs 
        (1) and (2) by not later than 30 days after the date on which 
        the Secretary submits the reports to the Committee on Veterans' 
        Affairs of the Senate and the Committee on Veterans' Affairs of 
        the House of Representatives.

    (d) Definition of Backlog of Freedom of Information Act Requests.--
In this section, the term ``backlog of Freedom of Information Act 
requests'' means the number of requests, as

[[Page 136 STAT. 5495]]

reported by the Secretary of Veterans Affairs to the Attorney General in 
the Annual FOIA Report, made by individuals to the Secretary pursuant to 
section 552 of title 5, United States Code, for documents or information 
that the Secretary has not fulfilled or provided a response to the 
individual.
SEC. 407. MEDAL OF HONOR SPECIAL PENSION TECHNICAL CORRECTION.

    (a) In General.--Section 2003(a) of the Johnny Isakson and David P. 
Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020 
(Public Law 116-315) <<NOTE: 134 Stat. 4969>>  is amended by striking 
``$1,388.68'' and inserting ``$1,406.73''.

    (b) Correction to Certain Pension Payments.--
            (1) Correct codification.--Section 1562(a)(1) of title 38, 
        United States Code, is amended by striking ``$1,388.68'' and 
        inserting ``$ 1,406.73''.
            (2) <<NOTE: 38 USC 1562 note.>>  Retroactive effective 
        date.--The amendment made by paragraph (1) shall take effect as 
        if it were enacted immediately after the enactment of the Johnny 
        Isakson and David P. Roe, M.D. Veterans Health Care and Benefits 
        Improvement Act of 2020 (Public Law 116-315).

    (c) <<NOTE: 38 USC 1562 note.>>  Treatment of Certain Pension 
Payments.--
            (1) In general.--A payment described in paragraph (2) shall 
        be treated as an authorized payment.
            (2) <<NOTE: Time periods.>>  Payments described.--A payment 
        described in this paragraph is a payment of pension under 
        section 1562 of title 38, United States Code, by the Secretary 
        of Veterans Affairs--
                    (A) in the amount of $1,406.73 during the period 
                beginning on January 5, 2021, and ending on November 30, 
                2021;
                    (B) in the amount of $1,489.73 during the period 
                beginning on December 1, 2021, and ending on November 
                30, 2022; or
                    (C) in the amount of $1,619.34 during the period 
                beginning on December 1, 2022, and ending on the date of 
                the enactment of this Act.
SEC. 408. IMPOSITION OF CAP ON EMPLOYEES OF THE DEPARTMENT OF 
                        VETERANS AFFAIRS WHO PROVIDE EQUAL 
                        EMPLOYMENT OPPORTUNITY COUNSELING.

    (a) Reimposition of Cap.--
            (1) In general.--Section 516 of title 38, United States 
        Code, as amended by section 7(a) of the Responsible Education 
        Mitigating Options and Technical Extensions Act (Public Law 117-
        76), is further amended--
                    (A) by redesignating subsection (g) as subsection 
                (h); and
                    (B) by inserting after subsection (f) the following 
                new subsection (g):

    ``(g)(1)(A) <<NOTE: Time period.>>  Except as provided in paragraph 
(4), beginning on the date of the enactment of the Joseph Maxwell 
Cleland and Robert Joseph Dole Memorial Veterans Benefits and Health 
Care Improvement Act of 2022 and ending on the date that is three years 
after the date of the enactment of such Act, the number of employees of 
the Department whose duties include equal employment opportunity 
counseling functions may not exceed 76 full-time equivalent employees.

[[Page 136 STAT. 5496]]

    ``(B) <<NOTE: Effective date.>>  Except as provided in paragraph 
(4), beginning on the date that is three years after the date of 
enactment of the Joseph Maxwell Cleland and Robert Joseph Dole Memorial 
Veterans Benefits and Health Care Improvement Act of 2022, the number of 
employees of the Department whose duties include equal employment 
opportunity counseling functions may not exceed 81 full-time equivalent 
employees.

    ``(2) Except as provided in paragraph (4), of the 76 full-time 
equivalent employees set forth in paragraph (1), the number of employees 
of the Department whose duties include equal employment opportunity 
counseling functions as well as other unrelated functions may not exceed 
40 full-time equivalent employees.
    ``(3) Except as provided in paragraph (4), any employee described in 
paragraph (2) whose duties include equal employment opportunity 
counseling functions as well as other unrelated functions may be 
assigned equal employment opportunity counseling functions only at 
Department facilities in remote geographic locations.
    ``(4)(A) <<NOTE: Effective date. Notification.>>  Beginning on the 
date that is one year after the date of enactment of the Joseph Maxwell 
Cleland and Robert Joseph Dole Memorial Veterans Benefits and Health 
Care Improvement Act of 2022, the Secretary shall promptly notify 
Congress if, at any point in time, the number of full-time equivalent 
employees of the Department specified in paragraph (1), whose duties 
include equal opportunity counseling functions, is insufficient for the 
Department to meet its required obligations under law.

    ``(B) Notification under subparagraph (A) shall include--
            ``(i) <<NOTE: Regulations.>>  the specific legal obligations 
        relating to employment discrimination, or other matters similar 
        to those covered by regulations prescribed by the Equal 
        Employment Opportunity Commission, that the Department is unable 
        to meet; and
            ``(ii) the total additional number of full-time equivalent 
        employees of the Department that would be needed for the 
        Department to meet such obligations.''.
            (2) <<NOTE: Repeal.>>  Conforming amendment.--Subsection (b) 
        of section 7 of such Act is hereby repealed.

    (b) <<NOTE: Time periods.>>  Report.--Not later than 3 years after 
the date of the enactment of this Act, the Secretary of Veterans Affairs 
shall submit to Congress a report that includes the following elements:
            (1) An accounting of the number of informal stage cases 
        filed with the employment discrimination complaint resolution 
        system established and administered under section 516(a) of 
        title 38, United States Code, disaggregated by--
                    (A) the period beginning on January 1, 2019, and 
                ending on the date of the enactment of this Act; and
                    (B) the three-year period beginning on the date of 
                the enactment of this Act.
            (2) A comparison of timeliness, with respect to the average 
        time to process, of processing of informal stage cases by such 
        system with respect to--
                    (A) the period beginning on January 1, 2019, and 
                ending on the date of the enactment of this Act; and
                    (B) the three-year period beginning on the date of 
                the enactment of this Act.
            (3) An accounting of the amounts, times, and quality of 
        informal claims processed by employees of the Department of 
        Veterans Affairs whose duties include only equal employment

[[Page 136 STAT. 5497]]

        opportunity counseling functions under section 516 of title 38, 
        United States Code, disaggregated by--
                    (A) the ten-year period ending on the date of the 
                enactment of this Act; and
                    (B) the three-year period beginning on the date of 
                the enactment of this Act.

    (c) <<NOTE: Public information. Web posting. 38 USC 516 note.>>  
Annual Reports.--Not later than one year after the date of the enactment 
of this Act and once each year thereafter, the Secretary of Veterans 
Affairs shall make available to the public on an internet website of the 
Department an annual report that includes, for the year covered by the 
report, the following:
            (1) Total number of complaints filed through the employment 
        discrimination complaint resolution system established and 
        administered under subsection (a) of section 516 of title 38, 
        United States Code.
            (2) Total number of such complaints completed processing by 
        such system in a timely manner.
            (3) The percentage of all pre-complaint counseling provided 
        under such section that led to resolution without further 
        action.
            (4) The percentage of all pre-complaint counseling provided 
        under such section that led to resolution via alternative 
        dispute resolution.
            (5) The percentage of all pre-complaint counseling provided 
        under such section that led to filing of a formal complaint via 
        such system.
            (6) An accounting of the amounts, times, and quality of 
        informal claims processed by employees of the Department whose 
        duties include equal employment opportunity counseling under 
        such section.
            (7) <<NOTE: Estimate.>>  An estimate of the required ratio 
        of Department employees whose duties include equal employment 
        opportunity counseling functions relative to the number of full-
        time equivalent employees in the Department.

    (d) <<NOTE: Deadline.>>  Independent Assessment.--Not later than 180 
days after the first report is made available under subsection (c), the 
Comptroller General shall submit to the Committee on Veterans' Affairs 
of the Senate and the Committee on Veterans' Affairs of the House of 
Representatives an independent assessment of the ratio reported by the 
Secretary pursuant to paragraph (7) of such subsection. 
Such <<NOTE: Recommenda- tions.>>  assessment shall include such 
recommendations as the Secretary may have for improving such ratio and 
the ability of the Department to provide equal employment opportunity 
counseling.

DIVISION V <<NOTE: Support The Resiliency of Our Nation's Great Veterans 
Act of 2022.>> --STRONG VETERANS ACT OF 2022
SEC. 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) <<NOTE: 38 USC 101 note.>>  Short Title.--This division may be 
cited as the ``Support The Resiliency of Our Nation's Great Veterans Act 
of 2022'' or the ``STRONG Veterans Act of 2022''.

    (b) Table of Contents.--The table of contents for this division is 
as follows:

                 DIVISION V--STRONG VETERANS ACT OF 2022

Sec. 1. Short title; table of contents.

[[Page 136 STAT. 5498]]

          TITLE I--TRAINING TO SUPPORT VETERANS' MENTAL HEALTH

Sec. 101. Mental health and suicide prevention outreach to minority 
           veterans and American Indian and Alaska Native veterans.
Sec. 102. Expansion of Vet Center workforce.
Sec. 103. Expansion of mental health training for Department of Veterans 
           Affairs.
Sec. 104. Expansion of scholarships and loan repayment programs for 
           mental health providers.

                     TITLE II--VETERANS CRISIS LINE

Sec. 201. Veterans Crisis Line.

    Subtitle A--Veterans Crisis Line Training and Quality Management

Sec. 211. Staff training.
Sec. 212. Quality review and management.
Sec. 213. Guidance for high-risk callers.
Sec. 214. Oversight of training of social service assistants and 
           clarification of job responsibilities.

     Subtitle B--Pilot Programs and Research on Veterans Crisis Line

Sec. 221. Pilot programs.
Sec. 222. Authorization of appropriations for research on effectiveness 
           and opportunities for improvement of Veterans Crisis Line.

              Subtitle C--Transition of Crisis Line Number

Sec. 231. Feedback on transition of crisis line number.

                     TITLE III--OUTREACH TO VETERANS

Sec. 301. Designation of Buddy Check Week by Secretary of Veterans 
           Affairs.
Sec. 302. Improvements to Veterans Justice Outreach Program.
Sec. 303. Department of Veterans Affairs Governors Challenge Program.

                  TITLE IV--MENTAL HEALTH CARE DELIVERY

Sec. 401. Expansion of peer specialist support program of Department of 
           Veterans Affairs.
Sec. 402. Expansion of Vet Center services.
Sec. 403. Eligibility for mental health services.
Sec. 404. Mental health consultations.

                            TITLE V--RESEARCH

Sec. 501. Veterans integration to academic leadership program of the 
           Department of Veterans Affairs.
Sec. 502. Improvement of sleep disorder care furnished by Department of 
           Veterans Affairs.
Sec. 503. Study on inpatient mental health and substance use care from 
           Department of Veterans Affairs.
Sec. 504. Study on treatment from Department of Veterans Affairs for co-
           occurring mental health and substance use disorders.
Sec. 505. Study on workload of suicide prevention teams of Department of 
           Veterans Affairs.
Sec. 506. Expansion of suicide prevention and mental health research.
Sec. 507. Study on mental health and suicide prevention support for 
           military families.
Sec. 508. Research on brain health.
Sec. 509. Study on efficacy of clinical and at-home resources for post-
           traumatic stress disorder.

          TITLE I--TRAINING TO SUPPORT VETERANS' MENTAL HEALTH

SEC. 101. <<NOTE: Deadlines.>>  MENTAL HEALTH AND SUICIDE 
                        PREVENTION OUTREACH TO MINORITY VETERANS 
                        AND AMERICAN INDIAN AND ALASKA NATIVE 
                        VETERANS.

    (a) <<NOTE: 38 USC 1712A note.>>  Staffing Requirement.--Beginning 
not later than 90 days after the date of the enactment of this Act, the 
Secretary of Veterans Affairs shall ensure that each medical center of 
the Department

[[Page 136 STAT. 5499]]

of Veterans Affairs has no fewer than one full-time employee whose 
responsibility is serving as a minority veteran coordinator.

    (b) <<NOTE: 38 USC 1712A note.>>  Training.--Not later than 180 days 
after the date of the enactment of this Act, the Secretary, in 
consultation with the Indian Health Service and the Director of the 
Office of Mental Health and Suicide Prevention of the Department of 
Veterans Affairs, shall ensure that all minority veteran coordinators 
receive training in delivery of mental health and suicide prevention 
services culturally appropriate for American Indian and Alaska Native 
veterans, especially with respect to the identified populations and 
tribes within the coordinators' catchment areas.

    (c) <<NOTE: Plan. Records. 38 USC 1712A note.>>  Coordination With 
Suicide Prevention Coordinators.--Not later than 180 days after the date 
of the enactment of this Act, the Secretary, in consultation with the 
Director of the Office of Mental Health and Suicide Prevention, shall 
ensure that the suicide prevention coordinator and minority veteran 
coordinator of each medical center of the Department have developed and 
disseminated to the director of the medical center a written plan for 
conducting mental health and suicide prevention outreach to all tribes 
and urban Indian health organizations within the catchment area of the 
medical center. Each such plan shall include for each tribe covered by 
the plan--
            (1) contact information for tribal leadership and the tribal 
        health facility or Indian Health Service facility serving that 
        tribe;
            (2) <<NOTE: Schedule. List.>>  a schedule for and list of 
        outreach plans (including addressing any barriers to accessing 
        Department mental health care);
            (3) documentation of any conversation with tribal leaders 
        that may guide culturally appropriate delivery of mental health 
        care to American Indian or Alaska Native veterans;
            (4) documentation of any progress in incorporating 
        traditional healing practices into mental health and suicide 
        prevention protocols and options available for veterans who are 
        members of such tribe; and
            (5) documentation of any coordination among the Department, 
        the Indian Health Service, urban Indian health organizations, 
        and the Substance Abuse and Mental Health Services 
        Administration for the purpose of improving suicide prevention 
        efforts tailored to veterans who are members of such tribe and 
        the provision of culturally competent mental health care to such 
        veterans.

    (d) Report.--Not later than one year after the enactment of this 
Act, the Secretary shall submit to the Committee on Veterans' Affairs of 
the Senate and the Committee on Veterans' Affairs of the House of 
Representatives a report on outreach efforts to minority veterans and 
American Indian and Alaska Native veterans. Such report shall include 
each of the following:
            (1) The number of minority veteran coordinators within the 
        Department.
            (2) The number and percentage of minority veteran 
        coordinators who are women.
            (3) The number and percentage of minority veteran 
        coordinators who are persons of color.
            (4) The number and percentage of Department medical centers 
        with minority veteran coordinators.

[[Page 136 STAT. 5500]]

            (5) The number and percentage of Department mental health 
        providers who are enrolled members of a federally recognized 
        Indian tribe or self-identify as Native American.
            (6) The number and percentage of Department mental health 
        providers who speak a second language.
            (7) <<NOTE: Review.>>  A review of the outreach plans 
        developed and submitted to all Department medical centers for 
        outreach to American Indian and Alaska Native veterans.
            (8) <<NOTE: Review. Time period.>>  A review of mental 
        health care provided annually by the Department to American 
        Indian and Alaska Native veterans for the past three years, 
        including number of appointments, and an assessment of any 
        barriers to providing this care.
SEC. 102. <<NOTE: 38 USC 1712A note.>>  EXPANSION OF VET CENTER 
                        WORKFORCE.

    (a) <<NOTE: Deadline.>>  In General.--Not later than one year after 
the date of the enactment of this Act and subject to the availability of 
appropriations, the Secretary of Veterans Affairs shall hire an 
additional 50 full-time equivalent employees for Vet Centers to bolster 
the workforce of Vet Centers and to provide expanded mental health care 
to veterans, members of the Armed Forces, and their families through 
outreach, community access points, outstations, and Vet Centers.

    (b) Vet Center Defined.--In this section, the term ``Vet Center'' 
has the meaning given that term in section 1712A(h) of title 38, United 
States Code.
SEC. 103. <<NOTE: 38 USC 7401 note.>>  EXPANSION OF MENTAL HEALTH 
                        TRAINING FOR DEPARTMENT OF VETERANS 
                        AFFAIRS.

    (a) <<NOTE: Deadline.>>  In General.--Not later than three years 
after the date of the enactment of this Act and subject to the 
availability of appropriations, the Secretary of Veterans Affairs, in 
collaboration with the Office of Mental Health and Suicide Prevention 
and the Office of Academic Affiliations, shall add an additional 250 
paid trainee slots in covered mental health disciplines to the workforce 
of the Department of Veterans Affairs.

    (b) Covered Mental Health Disciplines Defined.--In this section, the 
term ``covered mental health disciplines'' means psychiatry, psychology, 
advanced practice nursing (with a focus on mental health or substance 
use disorder), social work, licensed professional mental health 
counseling, and marriage and family therapy.
SEC. 104. EXPANSION OF SCHOLARSHIPS AND LOAN REPAYMENT PROGRAMS 
                        FOR MENTAL HEALTH PROVIDERS.

    (a) <<NOTE: 38 USC 7611 note.>>  Expansion of Health Professional 
Scholarship Program.--Beginning in academic year 2022, the Secretary of 
Veterans Affairs shall include not fewer than an additional (as compared 
to academic year 2021) 50 awards per academic year under the Department 
of Veterans Affairs Health Professional Scholarship Program under 
subchapter II of chapter 76 of title 38, United States Code, for 
applicants otherwise eligible for such program who are pursuing degrees 
or training in mental health disciplines, including advanced practice 
nursing (with a focus on mental health or substance use disorder), 
psychology, and social work.

    (b) <<NOTE: 38 USC 7681 note.>>  Expansion of Education Debt 
Reduction Program.--
            (1) <<NOTE: Effective date.>>  In general.--Beginning in 
        fiscal year 2022, the Secretary shall provide not fewer than an 
        additional (as compared to fiscal year 2021) 200 debt reduction 
        awards per year under

[[Page 136 STAT. 5501]]

        the Department of Veterans Affairs Education Debt Reduction 
        Program under subchapter VII of chapter 76 of title 38, United 
        States Code, to be used to recruit mental health professionals 
        to the Department of Veterans Affairs in disciplines that 
        include psychiatry, psychology, advanced practice nursing (with 
        a focus on mental health or substance use disorder), and social 
        work.
            (2) Authorization of appropriations.--There is authorized to 
        be appropriated to the Secretary of Veterans Affairs $8,000,000 
        per year to carry out the additional awards under paragraph (1).

    (c) <<NOTE: 38 USC 7401 note.>>  Outreach.--
            (1) <<NOTE: Deadline.>>  In general.--Not later than one 
        year after the date of the enactment of this Act, the Secretary 
        shall develop a public awareness campaign to encourage veterans 
        and mental health professionals to choose the Department for 
        their mental health career.
            (2) Elements.--The campaign required under paragraph (1)--
                    (A) shall advertise the paid trainee, scholarship, 
                and loan repayment opportunities offered by the 
                Department; and
                    (B) may highlight the new graduate medical education 
                residencies available at the Department for medical 
                students entering residency.

                     TITLE II--VETERANS CRISIS LINE

SEC. 201. <<NOTE: Definition. 38 USC 1720F note.>>  VETERANS 
                        CRISIS LINE.

    In this title, the term ``Veterans Crisis Line'' means the toll-free 
hotline for veterans established under section 1720F(h) of title 38, 
United States Code.

    Subtitle A--Veterans Crisis Line Training and Quality Management

SEC. 211. <<NOTE: Deadlines.>>  STAFF TRAINING.

    (a) Review of Training for Veterans Crisis Line Call Responders.--
            (1) <<NOTE: Contracts.>>  In general.--The Secretary of 
        Veterans Affairs shall enter into an agreement with an 
        organization outside the Department of Veterans Affairs to 
        review the training for Veterans Crisis Line call responders on 
        assisting callers in crisis.
            (2) Completion of review.--The review conducted under 
        paragraph (1) shall be completed not later than one year after 
        the date of the enactment of this Act.
            (3) Elements of review.--The review conducted under 
        paragraph (1) shall consist of a review of the training provided 
        by the Department on subjects including risk assessment, lethal 
        means assessment, substance use and overdose risk assessment, 
        safety planning, referrals to care, supervisory consultation, 
        and emergency dispatch.
            (4) Update of training.--If any deficiencies in the training 
        for Veterans Crisis Line call responders are found pursuant to 
        the review under paragraph (1), the Secretary shall update such 
        training and associated standards of practice to correct

[[Page 136 STAT. 5502]]

        those deficiencies not later than one year after the completion 
        of the review.

    (b) Retraining Guidelines for Veterans Crisis Line Call 
Responders.--
            (1) In general.--Not later than one year after the date of 
        the enactment of this Act, the Secretary shall develop 
        guidelines on retraining and quality management for when a 
        Veterans Crisis Line call responder has an adverse event or when 
        a quality review check by a supervisor of such a call responder 
        denotes that the call responder needs improvement.
            (2) Elements of guidelines.--The guidelines developed under 
        paragraph (1) shall specify the subjects and quantity of 
        retraining recommended and how supervisors should implement 
        increased use of silent monitoring or other performance review 
        mechanisms.
SEC. 212. QUALITY REVIEW AND MANAGEMENT.

    (a) Monitoring of Calls on Veterans Crisis Line.--
            (1) <<NOTE: Requirement.>>  In general.--The Secretary of 
        Veterans Affairs shall require that not fewer than two calls per 
        month for each Veterans Crisis Line call responder be subject to 
        supervisory silent monitoring, which is used to monitor the 
        quality of conduct by such call responder during the call.
            (2) Benchmarks.--The Secretary shall establish benchmarks 
        for requirements and performance of Veterans Crisis Line call 
        responders on supervisory silent monitored calls.
            (3) Quarterly reports.--Not less frequently than quarterly, 
        the Secretary shall submit to the Office of Mental Health and 
        Suicide Prevention of the Department of Veterans Affairs a 
        report on occurrence and outcomes of supervisory silent 
        monitoring of calls on the Veterans Crisis Line.

    (b) Quality Management Processes for Veterans Crisis 
Line. <<NOTE: Deadline.>> --Not later than one year after the date of 
the enactment of this Act, the leadership for the Veterans Crisis Line, 
in partnership with the Office of Mental Health and Suicide Prevention 
of the Department and the National Center for Patient Safety of the 
Department, shall establish quality management processes and 
expectations for staff of the Veterans Crisis Line, including with 
respect to reporting of adverse events and close calls.

    (c) Annual Common Cause Analysis for Callers to Veterans Crisis Line 
Who Die by Suicide.--
            (1) In general.--Not less frequently than annually, the 
        Secretary shall perform a common cause analysis for all 
        identified callers to the Veterans Crisis Line that died by 
        suicide during the one-year period preceding the conduct of the 
        analysis before the caller received contact with emergency 
        services and in which the Veterans Crisis Line was the last 
        point of contact.
            (2) Submittal of results.--The Secretary shall submit to the 
        Office of Mental Health and Suicide Prevention of the Department 
        the results of each analysis conducted under paragraph (1).
            (3) Application of themes or lessons.--The Secretary shall 
        apply any themes or lessons learned under an analysis under 
        paragraph (1) to updating training and standards of practice for 
        staff of the Veterans Crisis Line.

[[Page 136 STAT. 5503]]

SEC. 213. <<NOTE: Deadlines.>>  GUIDANCE FOR HIGH-RISK CALLERS.

    (a) <<NOTE: Updates.>>  Development of Enhanced Guidance and 
Procedures for Response to Calls Related to Substance Use and Overdose 
Risk.--Not later than one year after the date of the enactment of this 
Act, the Secretary of Veterans Affairs, in consultation with national 
experts within the Department of Veterans Affairs on substance use 
disorder and overdose, shall--
            (1) develop enhanced guidance and procedures to respond to 
        calls to the Veterans Crisis Line related to substance use and 
        overdose risk;
            (2) update training materials for staff of the Veterans 
        Crisis Line in response to such enhanced guidance and 
        procedures; and
            (3) <<NOTE: Criteria.>>  update criteria for monitoring 
        compliance with such enhanced guidance and procedures.

    (b) Review and Improvement of Standards for Emergency Dispatch.--
            (1) In general.--Not later than one year after the date of 
        the enactment of this Act, the Secretary shall--
                    (A) review the current emergency dispatch standard 
                operating procedure of the Veterans Crisis Line to 
                identify any additions to such procedure to strengthen 
                communication regarding--
                          (i) emergency dispatch for disconnected 
                      callers; and
                          (ii) the role of social service assistants in 
                      requesting emergency dispatch and recording such 
                      dispatches; and
                    (B) <<NOTE: Update.>>  update such procedure to 
                include the additions identified under subparagraph (A).
            (2) Training.--The Secretary shall ensure that all staff of 
        the Veterans Crisis Line are trained on all updates made under 
        paragraph (1)(B) to the emergency dispatch standard operating 
        procedure of the Veterans Crisis Line.
SEC. 214. OVERSIGHT OF TRAINING OF SOCIAL SERVICE ASSISTANTS AND 
                        CLARIFICATION OF JOB RESPONSIBILITIES.

    Not <<NOTE: Deadline.>>  later than one year after the date of the 
enactment of this Act, the Secretary of Veterans Affairs shall--
            (1) establish oversight mechanisms to ensure that social 
        service assistants and supervisory social service assistants 
        working with the Veterans Crisis Line are appropriately trained 
        and implementing guidance of the Department regarding the 
        Veterans Crisis Line; and
            (2) refine standard operating procedures to delineate roles 
        and responsibilities for all levels of supervisory social 
        service assistants working with the Veterans Crisis Line.

     Subtitle B--Pilot Programs and Research on Veterans Crisis Line

SEC. 221. <<NOTE: Deadlines.>>  PILOT PROGRAMS.

    (a) Extended Safety Planning Pilot Program for Veterans Crisis 
Line.--
            (1) <<NOTE: Determination.>>  In general.--Commencing not 
        later than 180 days after the date of the enactment of this Act, 
        the Secretary of Veterans Affairs shall carry out a pilot 
        program to determine

[[Page 136 STAT. 5504]]

        whether a lengthier, templated safety plan used in clinical 
        settings could be applied in call centers for the Veterans 
        Crisis Line.
            (2) <<NOTE: Recommenda- tions.>>  Briefing.--Not later than 
        two years after the date of the enactment of this Act, the 
        Secretary shall provide to Congress a briefing on the findings 
        of the Secretary under the pilot program conducted under 
        paragraph (1), which shall include any recommendations of the 
        Secretary with respect to the continuation or discontinuation of 
        the pilot program.

    (b) Crisis Line Facilitation Pilot Program.--
            (1) In general.--Commencing not later than one year after 
        the date of the enactment of this Act, the Secretary shall carry 
        out a pilot program on the use of crisis line facilitation to 
        increase use of the Veterans Crisis Line among high-risk 
        veterans.
            (2) Briefing.--Not later than two years after the date of 
        the enactment of this Act, the Secretary shall provide to 
        Congress a briefing on the findings of the Secretary under the 
        pilot program under paragraph (1), including any recommendations 
        of the Secretary with respect to the continuation or 
        discontinuation of the pilot program.
            (3) Definitions.--In this section:
                    (A) The term ``crisis line facilitation'', with 
                respect to a high-risk veteran, means the presentation 
                by a therapist of psychoeducational information about 
                the Veterans Crisis Line and a discussion of the 
                perceived barriers and facilitators to future use of the 
                Veterans Crisis Line for the veteran, which culminates 
                in the veteran calling the Veterans Crisis Line with the 
                therapist to provide firsthand experiences that may 
                counter negative impressions of the Veterans Crisis 
                Line.
                    (B) The term ``high-risk veteran'' means a veteran 
                receiving inpatient mental health care following a 
                suicidal crisis.
SEC. 222. <<NOTE: Time periods.>>  AUTHORIZATION OF APPROPRIATIONS 
                        FOR RESEARCH ON EFFECTIVENESS AND 
                        OPPORTUNITIES FOR IMPROVEMENT OF VETERANS 
                        CRISIS LINE.

    There is authorized to be appropriated to the Secretary of Veterans 
Affairs for fiscal years 2022 and 2023, a total of $5,000,000 for the 
Mental Illness Research, Education, and Clinical Centers of the 
Department of Veterans Affairs to conduct research on the effectiveness 
of the Veterans Crisis Line and areas for improvement for the Veterans 
Crisis Line.

              Subtitle C--Transition of Crisis Line Number

SEC. 231. FEEDBACK ON TRANSITION OF CRISIS LINE NUMBER.

    (a) In General.--The Secretary of Veterans Affairs shall solicit 
feedback from veterans service organizations on how to conduct outreach 
to members of the Armed Forces, veterans, their family members, and 
other members of the military and veterans community on the move to 988 
as the new, national three-digit suicide

[[Page 136 STAT. 5505]]

and mental health crisis hotline, which is expected to be implemented by 
July 2022, to minimize confusion and ensure veterans are aware of their 
options for reaching the Veterans Crisis Line.
    (b) Nonapplication of FACA.--The Federal Advisory Committee Act (5 
U.S.C. App.) shall not apply to any feedback solicited under subsection 
(a).
    (c) Veterans Service Organization Defined.--In this section, the 
term ``veterans service organization'' means an organization recognized 
by the Secretary for the representation of veterans under section 5902 
of title 38, United States Code.

                     TITLE III--OUTREACH TO VETERANS

SEC. 301. <<NOTE: 38 USC 1712A note.>>  DESIGNATION OF BUDDY CHECK 
                        WEEK BY SECRETARY OF VETERANS AFFAIRS.

    (a) In General.--The Secretary of Veterans Affairs shall designate 
one week each year to organize outreach events and educate veterans on 
how to conduct peer wellness checks, which shall be known as ``Buddy 
Check Week''.
    (b) Educational Opportunities.--
            (1) In general.--During Buddy Check Week, the Secretary, in 
        consultation with organizations that represent veterans, 
        nonprofits that serve veterans, mental health experts, members 
        of the Armed Forces, and such other entities and individuals as 
        the Secretary considers appropriate, shall collaborate with 
        organizations that represent veterans to provide educational 
        opportunities for veterans to learn how to conduct peer wellness 
        checks.
            (2) Training matters.--As part of the educational 
        opportunities provided under paragraph (1), the Secretary shall 
        provide the following:
                    (A) A script for veterans to use to conduct peer 
                wellness checks that includes information on appropriate 
                referrals to resources veterans might need.
                    (B) Online and in-person training, as appropriate, 
                on how to conduct a peer wellness check.
                    (C) Opportunities for members of organizations that 
                represent veterans to learn how to train individuals to 
                conduct peer wellness checks.
                    (D) Training for veterans participating in Buddy 
                Check Week on how to transfer a phone call directly to 
                the Veterans Crisis Line.
                    (E) Resiliency training for veterans participating 
                in Buddy Check Week on handling a veteran in crisis.
            (3) <<NOTE: Public information. Web posting.>>  Online 
        materials.--All training materials provided under the 
        educational opportunities under paragraph (1) shall be made 
        publicly available on a website of the Department of Veterans 
        Affairs.

    (c) Outreach.--The Secretary, in collaboration with organizations 
that represent veterans, may conduct outreach regarding educational 
opportunities under subsection (b) at--
            (1) public events where many veterans are expected to 
        congregate;
            (2) meetings of organizations that represent veterans;
            (3) facilities of the Department; and

[[Page 136 STAT. 5506]]

            (4) such other locations as the Secretary, in collaboration 
        with organizations that represent veterans, considers 
        appropriate.

    (d) Veterans Crisis Line Plan.--
            (1) In general.--The Secretary shall ensure that a plan 
        exists for handling the potential increase in the number of 
        calls into the Veterans Crisis Line that may occur during Buddy 
        Check Week.
            (2) Submittal of plan.--The head of the Veterans Crisis Line 
        shall submit to the Secretary a plan for how to handle excess 
        calls during Buddy Check Week, which may include the following:
                    (A) Additional hours for staff.
                    (B) The use of a backup call center.
                    (C) Any other plan to ensure that calls from 
                veterans in crisis are being answered in a timely manner 
                by an individual trained at the same level as a Veterans 
                Crisis Line responder.

    (e) Definitions.--In this section:
            (1) The term ``organization that represents veterans'' means 
        an organization recognized by the Secretary for the 
        representation of veterans under section 5902 of title 38, 
        United States Code.
            (2) The term ``veteran'' has the meaning given that term in 
        section 101 of such title.
            (3) The term ``Veterans Crisis Line'' means the toll-free 
        hotline for veterans provided by the Secretary under section 
        1720F(h) of such title.
SEC. 302. <<NOTE: 38 USC 6303 note.>>  IMPROVEMENTS TO VETERANS 
                        JUSTICE OUTREACH PROGRAM.

    (a) Outreach Requirement.--The Secretary of Veterans Affairs shall 
conduct outreach regarding the Veterans Justice Outreach Program to 
justice-involved veterans, military and veterans service organizations, 
and relevant stakeholders in the criminal justice community, including 
officials from local law enforcement, court, and jail systems and others 
as determined appropriate by the Secretary. Such outreach--
            (1) shall be designed--
                    (A) to spread awareness and understanding of the 
                Program;
                    (B) to spread awareness and understanding of veteran 
                eligibility for the Program, including the eligibility 
                of veterans who were discharged from service in the 
                Armed Forces under conditions other than honorable; and
                    (C) to improve the identification of justice-
                involved veterans; and
            (2) may be conducted in person, virtually, or through other 
        means, including by the dissemination of informational materials 
        and contact information.

    (b) Strategic Plan.--The Secretary of Veterans Affairs shall develop 
a strategic plan for the Veterans Justice Outreach Program. In 
developing such plan, the Secretary shall conduct--
            (1) <<NOTE: Assessment.>>  an assessment of barriers to 
        working with justice-involved veterans in rural, remote, and 
        underserved areas, including potential steps to address such 
        barriers; and
            (2) <<NOTE: Analysis.>>  a workforce gap analysis for the 
        Program.

[[Page 136 STAT. 5507]]

    (c) Increase in Number of VJO Specialists.--
            (1) <<NOTE: Determination.>>  Increase.--The Secretary of 
        Veterans Affairs shall increase the number of Veterans Justice 
        Outreach specialists responsible for supporting justice-involved 
        veterans in rural, remote, or underserved areas, including areas 
        located far from Department of Veterans Affairs medical centers, 
        as determined by the Secretary, through--
                    (A) the hiring of additional Veterans Justice 
                Outreach specialists;
                    (B) the reallocation of existing Veterans Justice 
                Outreach specialists; or
                    (C) such other means as may be determined 
                appropriate by the Secretary.
            (2) Determination.--The Secretary shall determine the number 
        of Veterans Justice Outreach specialists required, and the 
        locations of such specialists, under paragraph (1) by taking 
        into account--
                    (A) such number and locations needed to achieve the 
                mission and strategic goals of the Veterans Justice 
                Outreach Program;
                    (B) any gaps in the workforce of the Program, 
                including such gaps identified pursuant to subsection 
                (b)(2); and
                    (C) strategies to address such gaps.
            (3) Use of technology.--In carrying out paragraph (1), the 
        Secretary shall consider the use of virtual technology.

    (d) Performance Goals and Implementation Plans.--
            (1) Establishment.--The Secretary of Veterans Affairs shall 
        establish performance goals and implementation plans for--
                    (A) the Veterans Justice Outreach Program;
                    (B) Veterans Justice Outreach Specialists; and
                    (C) providing support for research regarding 
                justice-involved veterans.
            (2) Consistency with strategic plan.--The Secretary shall 
        ensure that the performance goals and implementation plans under 
        paragraph (1) are consistent with the strategic plan under 
        subsection (b) and include--
                    (A) qualitative and quantitative milestones, 
                measures, and metrics, and associated timelines for 
                completion of the plans under paragraph (1) and barriers 
                to such completion;
                    (B) an identification of relevant staff; and
                    (C) an estimate of resource needs and sources.
            (3) <<NOTE: Analysis.>>  Performance data.--The Secretary 
        shall establish a process to regularly collect and analyze 
        performance data to assess the efficiency and effectiveness of 
        implementing the plans under paragraph (1).

    (e) <<NOTE: Deadline.>>  Training Requirement.--The Secretary shall 
ensure that all Veterans Justice Outreach Specialists receive training 
not less frequently than annually on--
            (1) best practices for identifying and conducting outreach 
        to justice-involved veterans and relevant stakeholders in the 
        criminal justice community; and
            (2) veteran eligibility for the Veterans Justice Outreach 
        Program, including with respect to consistently communicating 
        changes regarding eligibility (including through the use of a 
        script or other reference materials).

[[Page 136 STAT. 5508]]

    (f) Reports on Implementation.--
            (1) First report.--Not later than one year after the date of 
        the enactment of this Act, the Secretary shall submit to 
        Congress a report on the following:
                    (A) <<NOTE: Assessment.>>  An assessment of 
                implementing subsection (c), including--
                          (i) strategies to increase Veterans Justice 
                      Outreach specialists responsible for supporting 
                      justice-involved veterans in rural, remote, or 
                      underserved areas; and
                          (ii) the progress of the Secretary in 
                      addressing gaps in the workforce of the Veterans 
                      Justice Outreach Program identified pursuant to 
                      paragraph (2) of such subsection.
                    (B) The performance goals and implementation plans 
                established under subsection (d)(1).
            (2) Subsequent report.--Not later than three years after the 
        date on which the first report is submitted under paragraph (1), 
        the Secretary shall submit to Congress a report on the progress 
        of the Secretary in meeting the performance goals and carrying 
        out activities under the implementation plans established under 
        subsection (d)(1).

    (g) Report on Veterans Treatment Courts.--Not later than one year 
after the date of the enactment of this Act, the Secretary, in 
consultation with the Attorney General, shall submit to Congress a 
report on the engagement of the Department of Veterans Affairs with 
veterans treatment courts, including--
            (1) the availability and efficacy of veterans treatment 
        courts in meeting the needs of justice-involved veterans;
            (2) best practices for Department of Veterans Affairs staff 
        and justice-involved veterans in working with veterans treatment 
        courts; and
            (3) the ability of justice-involved veterans to access 
        veterans treatment courts, including any barriers that exist to 
        increasing such access.

    (h) Definitions.--In this section:
            (1) The term ``justice-involved veteran'' means a veteran 
        with active, ongoing, or recent contact with some component of a 
        local criminal justice system.
            (2) The term ``Veterans Justice Outreach Program'' means the 
        program through which the Department of Veterans Affairs 
        identifies justice-involved veterans and provides such veterans 
        with access to Department services.
            (3) The term ``Veterans Justice Outreach Specialist'' means 
        an employee of the Department of Veterans Affairs who serves as 
        a liaison between the Department and the local criminal justice 
        system on behalf of a justice-involved veteran.
            (4) The term ``veterans treatment court'' means a State or 
        local court that is participating in the veterans treatment 
        court program (as defined in section 2991(i)(1) of the Omnibus 
        Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
        3797aa(i)(1))).
SEC. 303. <<NOTE: 38 USC 1720F note.>>  DEPARTMENT OF VETERANS 
                        AFFAIRS GOVERNORS CHALLENGE PROGRAM.

    The Secretary of Veterans Affairs may enter into agreements with 
States, territories, and American Indian and Alaska Native

[[Page 136 STAT. 5509]]

tribes for the development and implementation of veteran suicide 
prevention proposals through the Governors Challenge Program.

                  TITLE IV--MENTAL HEALTH CARE DELIVERY

SEC. 401. EXPANSION OF PEER SPECIALIST SUPPORT PROGRAM OF 
                        DEPARTMENT OF VETERANS AFFAIRS.

    (a) Expansion.--Section 506 of the VA MISSION Act of 2018 (Public 
Law 115-182; 38 U.S.C. 1701 note) is amended--
            (1) by redesignating subsections (d) through (f) as 
        subsections (e) through (g);
            (2) in subsection (a), by adding at the end the following 
        new sentence: ``Each such peer specialist shall be a full-time 
        employee whose primary function is to serve as a peer specialist 
        and shall be in addition to all other employees of such medical 
        center.'';
            (3) in the heading of subsection (b), by striking 
        ``Timeframe'' and inserting ``Initial Timeframe'';
            (4) in subsection (c)--
                    (A) in the heading, by striking ``Selection'' and 
                inserting ``Initial Selection''; and
                    (B) in paragraph (1), by striking ``The Secretary 
                shall'' and inserting ``In establishing the program at 
                initial locations, the Secretary shall'';
            (5) by inserting after subsection (c) the following new 
        subsection:

    ``(d) Timeframe for Expansion of Program; Selection of Additional 
Locations.--
            ``(1) Timeframe for expansion.--The Secretary shall make 
        permanent and expand the program to additional medical centers 
        of the Department as follows:
                    ``(A) As of the date of the enactment of the STRONG 
                Veterans Act of 2022, the Secretary shall make such 
                program permanent at each medical center participating 
                in the program on the day before such date of enactment.
                    ``(B) During the seven-year period following such 
                date of enactment, the Secretary shall expand the 
                program to an additional 25 medical centers per year 
                until the program is carried out at each medical center 
                of the Department.
            ``(2) Selection of additional locations.--In selecting 
        medical centers for the expansion of the program under paragraph 
        (1)(B), until such time as each medical center of the Department 
        is participating in the program by establishing not fewer than 
        two peer specialists at the medical center, the Secretary shall 
        prioritize medical centers in the following areas:
                    ``(A) Rural areas and other areas that are 
                underserved by the Department.
                    ``(B) Areas that are not in close proximity to an 
                active duty military installation.
                    ``(C) Areas representing different geographic 
                locations, such as census tracts established by the 
                Bureau of the Census.'';
            (6) in subsection (e), as redesignated by paragraph (1)--

[[Page 136 STAT. 5510]]

                    (A) in the heading, by striking ``Gender-specific 
                Services'' and inserting ``Considerations for Hiring 
                Peer Specialists'';
                    (B) in the matter preceding paragraph (1), by 
                striking ``location selected under subsection (c)'' and 
                inserting ``medical center'';
                    (C) in paragraph (1), by striking ``and'' at the 
                end; and
                    (D) by striking paragraph (2) and inserting the 
                following new paragraph (2):
            ``(2) female peer specialists are hired and made available 
        to support female veterans who are treated at each medical 
        center.''; and
            (7) by amending subsection (g), as redesignated by paragraph 
        (1), to read as follows:

    ``(g) Reports.--
            ``(1) Periodic reports.--
                    ``(A) In general.--Not later than one year after the 
                date of the enactment of the STRONG Veterans Act of 
                2022, and annually thereafter for five years, the 
                Secretary shall submit to the Committees on Veterans' 
                Affairs of the House of Representatives and the Senate a 
                report on the program, including the expansion of the 
                program under subsection (d)(1).
                    ``(B) <<NOTE: Assessments.>>  Elements.--Each report 
                under subparagraph (A) shall include, with respect to 
                the one-year period preceding the submission of the 
                report, the following:
                          ``(i) The findings and conclusions of the 
                      Secretary with respect to the program.
                          ``(ii) An assessment of the benefits of the 
                      program to veterans and family members of 
                      veterans.
                          ``(iii) An assessment of the effectiveness of 
                      peer specialists in engaging under subsection (f) 
                      with health care providers in the community and 
                      veterans served by such providers.
                          ``(iv) The name and location of each medical 
                      center where new peer specialists were hired.
                          ``(v) The number of new peer specialists hired 
                      at each medical center pursuant to this section 
                      and the total number of peer specialists within 
                      the Department hired pursuant to this section.
                          ``(vi) An assessment of any barriers 
                      confronting the recruitment, training, or 
                      retention of peer specialists.
            ``(2) <<NOTE: Determination. Notification.>>  Final 
        report.--Not later than one year after the Secretary determines 
        that the program is being carried out at each medical center of 
        the Department, the Secretary shall submit to the Committees on 
        Veterans' Affairs of the House of Representatives and the Senate 
        a report notifying such committees of such determination.''.

    (b) <<NOTE: Time periods.>>  Authorization of Appropriations.--There 
is authorized to be appropriated to the Department of Veterans Affairs 
to implement section 506 of the VA MISSION Act of 2018 (Public Law 115-
182; 38 U.S.C. 1701 note), as amended by subsection (a), the following 
amounts:
            (1) $3,600,000 for fiscal year 2022.
            (2) $7,200,000 for fiscal year 2023.

[[Page 136 STAT. 5511]]

            (3) $10,800,000 for fiscal year 2024.
            (4) $14,400,000 for fiscal year 2025.
            (5) $18,000,000 for fiscal year 2026.
            (6) $21,600,000 for fiscal year 2027.
            (7) $25,000,000 for fiscal year 2028.
SEC. 402. EXPANSION OF VET CENTER SERVICES.

    (a) Veterans and Members Using Educational Assistance Benefits.--
Section 1712A of title 38, United States Code, is amended--
            (1) by striking ``clauses (i) through (vi)'' both places it 
        appears and inserting ``clauses (i) through (vii)'';
            (2) by striking ``in clause (vii)'' both places it appears 
        and inserting ``in clause (viii)'';
            (3) in subsection (a)(1)(C)--
                    (A) by redesignating clause (vii) as clause (viii); 
                and
                    (B) by inserting after clause (vi) the following new 
                clause:
            ``(vii) Any veteran or member of the Armed Forces pursuing a 
        course of education using covered educational assistance 
        benefits.''; and
            (4) in subsection (h), by adding at the end the following 
        new paragraph:
            ``(6) <<NOTE: Definition.>>  The term `covered educational 
        assistance benefits' means educational assistance benefits 
        provided pursuant to--
                    ``(A) chapter 30, 31, 32, or 33 of this title;
                    ``(B) chapter 1606 or 1607 of title 10;
                    ``(C) section 116 of the Harry W. Colmery Veterans 
                Educational Assistance Act of 2017 (Public Law 115-48; 
                38 U.S.C. 3001 note); or
                    ``(D) section 8006 of the American Rescue Plan Act 
                of 2021 (Public Law 117-2; 38 U.S.C. 3001 note 
                prec.).''.

    (b) <<NOTE: Assessments.>>  GAO Report.--Not later than one year 
after the date of the enactment of this Act, the Comptroller General of 
the United States shall submit to the Committees on Veterans' Affairs of 
the House of Representatives and the Senate a report assessing--
            (1) the mental health needs of veterans pursuing a course of 
        education using covered educational assistance benefits (as 
        defined in section 1712A(h)(6) of title 38, United States Code, 
        as added by subsection (a)); and
            (2) the efforts of the Department of Veterans Affairs to 
        address such mental health needs.
SEC. 403. ELIGIBILITY FOR MENTAL HEALTH SERVICES.

    (a) In General.--Section 1712A(a)(1) of title 38, United States 
Code, as amended by section 402, is further amended--
            (1) in subparagraph (A)(ii)--
                    (A) in subclause (I), by striking ``and'';
                    (B) in subclause (II), by striking the period at the 
                end and inserting ``; and''; and
                    (C) by adding at the end the following:
                    ``(III) in the case of a veteran or member who died 
                by suicide, to the degree that counseling furnished to 
                such individual is found to aid in coping with the 
                effects of such suicide.'';
            (2) in subparagraph (B)(i)(II)--
                    (A) in item (aa), by striking ``or'';

[[Page 136 STAT. 5512]]

                    (B) in item (bb), by striking the period at the end 
                and inserting ``; or''; and
                    (C) by adding at the end the following;
                          ``(cc) coping with the effects of a suicide 
                      described in subclause (III) of such clause.''; 
                      and
            (3) in subparagraph (C)(vii)--
                    (A) in subclause (I), by striking ``or'' at the end;
                    (B) in subclause (II), by striking the period at the 
                end and inserting ``; or''; and
                    (C) by adding at the end the following:
                    ``(III) veteran or member of the Armed Forces who 
                died by suicide.''.

    (b) <<NOTE: 38 USC 1712A note.>>  Effective Date.--The amendments 
made by subsection (a) shall apply with respect to family members of a 
member or veteran who died by suicide before, on, or after the date of 
the enactment of this Act.
SEC. 404. <<NOTE: 38 USC 1167.>>  MENTAL HEALTH CONSULTATIONS.

    (a) Mental Health Consultations for Veterans Filing for 
Compensation.--
            (1) In general.--Subchapter VI of chapter 11 of title 38, 
        United States Code, is amended by adding at the end the 
        following new section:
``Sec. 1167. Mental health consultations

    ``(a) <<NOTE: Deadline. Assessment.>>  In General.--Not later than 
30 days after the date on which a veteran submits to the Secretary a 
claim for compensation under this chapter for a service-connected 
disability relating to a mental health diagnosis, the Secretary shall 
offer the veteran a mental health consultation to assess the mental 
health needs of, and care options for, the veteran.

    ``(b) Availability.--The Secretary shall--
            ``(1) offer a veteran a consultation under subsection (a) 
        without regard to any previous denial or approval of a claim of 
        that veteran for a service-connected disability relating to a 
        mental health diagnosis; and
            ``(2) ensure that a veteran offered a mental health 
        consultation under subsection (a) may elect to receive such 
        consultation during the one-year period beginning on the date on 
        which the consultation is offered or during such longer period 
        beginning on such date as the Secretary considers appropriate.

    ``(c) Rule of Construction.--A consultation provided to a veteran 
under this section shall not be construed as a determination that any 
disability of such veteran is service-connected for the purposes of any 
benefit under the laws administered by the Secretary.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of chapter 11 of such title <<NOTE: 38 USC prec. 
        1101.>>  is amended by adding at the end the following new item:

``1167. Mental health consultations.''.

    (b) Mental Health Consultations for Veterans Entering Homeless 
Programs Office Programs.--
            (1) In general.--Subchapter VII of chapter 20 of title 38, 
        United States Code, is amended by adding at the end the 
        following new section:

[[Page 136 STAT. 5513]]

``Sec. 2068. <<NOTE: 38 USC 2068.>>  Mental health consultations

    ``(a) <<NOTE: Deadline. Assessment.>>  In General.--Not later than 
two weeks after the date on which a veteran described in subsection (b) 
enters into a program administered by the Homeless Programs Office of 
the Department, the Secretary shall offer the veteran a mental health 
consultation to assess the health needs of, and care options for, the 
veteran.

    ``(b) Veteran Described.--A veteran described in this subsection is 
a veteran to whom a mental health consultation is not offered or 
provided through the case management services of the program of the 
Homeless Programs Office into which the veteran enters.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of chapter 20 of such title <<NOTE: 38 USC prec. 
        2001.>>  is amended by adding at the end the following new item:

``2068. Mental health consultations.''.

                            TITLE V--RESEARCH

SEC. 501. <<NOTE: 38 USC note prec. 3001.>>  VETERANS INTEGRATION 
                        TO ACADEMIC LEADERSHIP PROGRAM OF THE 
                        DEPARTMENT OF VETERANS AFFAIRS.

    (a) <<NOTE: Assessments.>>  Report.--Not later than one year after 
the date of the enactment of this Act, the Secretary of Veterans Affairs 
shall submit to the Committees on Veterans' Affairs of the House of 
Representatives and the Senate a report on the Veterans Integration to 
Academic Leadership program of the Department of Veterans Affairs. The 
report shall include the following:
            (1) The number of medical centers of the Department, 
        institutions of higher learning, non-college degree programs, 
        and student veterans supported by the program, and relevant 
        trends since the program began.
            (2) The staff and resources allocated to the program, and 
        relevant trends since the program began.
            (3) An assessment of the outcomes and effectiveness of the 
        program in--
                    (A) supporting student veterans;
                    (B) connecting student veterans to needed services 
                of the Department or services provided by non-Department 
                entities;
                    (C) addressing the mental health needs of student 
                veterans;
                    (D) lowering the suicide risk of student veterans; 
                and
                    (E) helping student veterans achieve educational 
                goals.
            (4) An assessment of barriers to expanding the program and 
        how the Secretary intends to address such barriers.
            (5) An assessment of whether the program should be expanded 
        outside of the Office of Mental Health and Suicide Prevention to 
        support students veterans with needs unrelated to mental health 
        or suicide.

    (b) Uniform Best Practices, Goals, and Measures.--The Secretary 
shall establish best practices, goals, and measures for the Veterans 
Integration to Academic Leadership program of the Department that are 
uniform among the medical centers of the Department.
    (c) Outreach.--The Secretary shall conduct outreach among the Armed 
Forces, veterans service organizations, institutions of higher learning, 
and non-college degree programs with respect to

[[Page 136 STAT. 5514]]

the Veterans Integration to Academic Leadership program of the 
Department.
    (d) Assessment.--The Secretary shall assess the feasibility and 
advisability of including the suicide rate for student veterans in the 
National Veteran Suicide Prevention Annual Report of the Office of 
Mental Health and Suicide Prevention of the Department.
    (e) Definitions.--In this section:
            (1) The term ``institution of higher learning'' has the 
        meaning given that term in section 3452 of title 38, United 
        States Code.
            (2) The term ``student veteran'' means the following:
                    (A) A veteran or member of the Armed Forces using 
                educational assistance under any of the following 
                provisions of law:
                          (i) Chapter 30, 31, 32, or 33 of title 38, 
                      United States Code, or chapter 1606 or 1607 of 
                      title 10, United States Code.
                          (ii) Section 116 of the Harry W. Colmery 
                      Veterans Educational Assistance Act of 2017 
                      (Public Law 115-48; 38 U.S.C. 3001 note).
                          (iii) Section 8006 of the American Rescue Plan 
                      Act of 2021 (Public Law 117-2; 38 U.S.C. 3001 note 
                      prec.).
                    (B) A veteran who is enrolled in an institution of 
                higher learning or other training program, without 
                regard to whether the veteran is using educational 
                assistance specified in subparagraph (A).
SEC. 502. <<NOTE: 38 USC 1701 note.>>  IMPROVEMENT OF SLEEP 
                        DISORDER CARE FURNISHED BY DEPARTMENT OF 
                        VETERANS AFFAIRS.

    (a) In General.--Pursuant to the analysis conducted under subsection 
(b), the Secretary of Veterans Affairs shall take such action as the 
Secretary considers appropriate to improve the assessment and treatment 
of veterans with sleep disorders, including by conducting in-home sleep 
studies for veterans.
    (b) Analysis.--The Secretary shall conduct an analysis of the 
ability of the Department of Veterans Affairs to treat sleep disorders 
among veterans, including--
            (1) <<NOTE: Assessment.>>  assessment and treatment options 
        for such disorders;
            (2) barriers to care for such disorders, such as wait time, 
        travel time, and lack of staffing;
            (3) the efficacy of the clinical practice guidelines of the 
        Department of Veterans Affairs and the Department of Defense for 
        such disorders; and
            (4) the availability of and efficacy of the use by the 
        Department of Veterans Affairs of cognitive behavioral therapy 
        for insomnia.

    (c) Report.--Not later than two years after the date of the 
enactment of this Act, the Secretary shall submit to the Committee on 
Veterans' Affairs of the Senate and the Committee on Veterans' Affairs 
of the House of Representatives a report on--
            (1) the findings from the analysis conducted under 
        subsection (b); and
            (2) any actions taken under subsection (a) to improve the 
        assessment and treatment of veterans with sleep disorders.

    (d) Authorization of Appropriations for In-Home Sleep Studies.--
There is authorized to be appropriated to the Secretary

[[Page 136 STAT. 5515]]

of Veterans Affairs $5,000,000 to be used to conduct in-home sleep 
studies for veterans, as part of sleep disorder assessment and treatment 
conducted by the Department of Veterans Affairs.
SEC. 503. STUDY ON INPATIENT MENTAL HEALTH AND SUBSTANCE USE CARE 
                        FROM DEPARTMENT OF VETERANS AFFAIRS.

    (a) <<NOTE: Deadline. Determination.>>  In General.--Not later than 
one year after the date of the enactment of this Act, the Secretary of 
Veterans Affairs shall complete the conduct of a study on access of 
veterans to care under the residential rehabilitation treatment programs 
of the Department of Veterans Affairs to determine--
            (1) if there are sufficient geographic offerings of 
        inpatient mental health care, especially for veterans in rural 
        and remote communities;
            (2) if there are sufficient bed spaces at each location, 
        based on demand and drive time from the homes of veterans;
            (3) if there are any workforce-related capacity limitations 
        at each location, including if beds are unable to be used 
        because there are not enough providers to care for additional 
        patients;
            (4) if there are diagnosis-specific or sex-specific barriers 
        to accessing care under such programs; and
            (5) the average wait time for a bed in such a program, 
        broken out by--
                    (A) Veterans Integrated Service Network;
                    (B) rural or urban area;
                    (C) sex; and
                    (D) specialty (general program, substance use 
                disorder program, military sexual trauma program, etc.).

    (b) Recommendations for Modifications to Treatment Programs.--Using 
the results from the study conducted under subsection (a), the Secretary 
shall make recommendations for--
            (1) new locations for opening facilities to participate in 
        the residential rehabilitation treatment programs of the 
        Department;
            (2) facilities under such programs at which new beds can be 
        added; and
            (3) any additional specialty tracks to be added to such 
        programs, such as substance use disorder or military sexual 
        trauma, in order to meet veteran need and demand.

    (c) Report.--Not later than 180 days after completion of the study 
under subsection (a), the Secretary shall submit to the Committee on 
Veterans' Affairs of the Senate and the Committee on Veterans' Affairs 
of the House of Representatives a report on the findings of the study 
conducted under subsection (a) and the recommendations made by the 
Secretary under subsection (b).
SEC. 504. STUDY ON TREATMENT FROM DEPARTMENT OF VETERANS AFFAIRS 
                        FOR CO-OCCURRING MENTAL HEALTH AND 
                        SUBSTANCE USE DISORDERS.

    (a) <<NOTE: Deadline. Examination.>>  In General.--Not later than 
one year after the date of the enactment of this Act, the Secretary of 
Veterans Affairs shall conduct a study examining--
            (1) the availability of treatment programs for veterans with 
        co-occurring mental health and substance use disorders 
        (including both inpatient and outpatient care);
            (2) any geographic disparities in access to such programs, 
        such as for rural and remote veterans; and
            (3) the average wait times for care under such programs.

[[Page 136 STAT. 5516]]

    (b) Report.--
            (1) In general.--Not later than two years after the date of 
        the enactment of this Act, the Secretary shall submit to the 
        Committee on Veterans' Affairs of the Senate and the Committee 
        on Veterans' Affairs of the House of Representatives a report on 
        the findings of the study conducted under subsection (a).
            (2) Elements.--The report required by paragraph (1) shall 
        include--
                    (A) <<NOTE: Recommenda- tions.>>  any 
                recommendations resulting from the study conducted under 
                subsection (a) with respect to improving timeliness and 
                quality of care and meeting treatment preferences for 
                veterans with co-occurring mental health and substance 
                use disorders; and
                    (B) a description of any actions taken by the 
                Secretary to improve care for such veterans.
SEC. 505. STUDY ON WORKLOAD OF SUICIDE PREVENTION TEAMS OF 
                        DEPARTMENT OF VETERANS AFFAIRS.

    (a) <<NOTE: Evaluation.>>  In General.--The Secretary of Veterans 
Affairs, acting through the Under Secretary for Health and the Office of 
Mental Health and Suicide Prevention, shall conduct a study evaluating 
the workload of local suicide prevention teams of the Department of 
Veterans Affairs.

    (b) Elements.--The study conducted under subsection (a) shall--
            (1) identify the effects of the growth of the suicide 
        prevention program of the Department on the workload of suicide 
        prevention teams;
            (2) incorporate key practices for staffing model design in 
        determining suicide prevention staffing needs; and
            (3) <<NOTE: Determination.>>  determine which facilities of 
        the Department need increased suicide prevention coordinator 
        staffing to meet the needs of veterans, with an emphasis placed 
        on facilities with high patient volume and facilities located in 
        States with high rates of veteran suicide.

    (c) Report.--Not later than one year after the date of the enactment 
of this Act, the Secretary shall submit to the Committee on Veterans' 
Affairs of the Senate and the Committee on Veterans' Affairs of the 
House of Representatives a report--
            (1) on the findings of the study conducted under subsection 
        (a); and
            (2) <<NOTE: List.>>  indicating any changes made to the 
        staffing of suicide prevention teams of the Department resulting 
        from the determinations made under subsection (b)(3), including 
        a list of facilities of the Department where staffing was 
        adjusted.
SEC. 506. <<NOTE: 38 USC 7303 note.>>  EXPANSION OF SUICIDE 
                        PREVENTION AND MENTAL HEALTH RESEARCH.

    (a) Research on Moral Injury.--The Secretary of Veterans Affairs, 
acting through the Office of Research and Development of the Department 
of Veterans Affairs, shall conduct suicide prevention and mental health 
care improvement research on how moral injury relates to the mental 
health needs of veterans who served in the Armed Forces after September 
11, 2001, and best practices for mental health treatment for such 
veterans.

[[Page 136 STAT. 5517]]

    (b) Authorization of Appropriations.--There is authorized to be 
appropriated to the Department of Veterans Affairs an additional 
$10,000,000 to be used by the Center of Excellence for Suicide 
Prevention of the Department and the Rocky Mountain Mental Illness 
Research Education and Clinical Center for purposes of conducting 
research on the factors impacting veteran suicide and best practices for 
early intervention and support.
SEC. 507. STUDY ON MENTAL HEALTH AND SUICIDE PREVENTION SUPPORT 
                        FOR MILITARY FAMILIES.

    (a) In General.--The Secretary of Veterans Affairs, in collaboration 
with the Secretary of Defense, shall conduct a study on secondary post-
traumatic stress disorder and depression and its impact on spouses, 
children, and caregivers of members of the Armed Forces.
    (b) Report.--
            (1) In general.--Not later than three years after the date 
        of the enactment of this Act, the Secretary of Veterans Affairs, 
        in collaboration with the Secretary of Defense, shall submit to 
        Congress, veterans service organizations, and military support 
        organizations a report on the findings of the study conducted 
        under subsection (a).
            (2) Definitions.--In this subsection:
                    (A) The term ``military support organization'' has 
                the meaning given that term by the Secretary of Defense.
                    (B) The term ``veterans service organization'' means 
                an organization recognized by the Secretary of Veterans 
                Affairs for the representation of veterans under section 
                5902 of title 38, United States Code.
SEC. 508. RESEARCH ON BRAIN HEALTH.

    There is authorized to be appropriated to the Department of Veterans 
Affairs an additional $5,000,000 for ongoing and future research at the 
Translational Research Center of the Department of Veterans Affairs for 
traumatic brain injury and stress disorders to provide better 
understanding of, and improved treatment options for, veterans who 
served in the Armed Forces after September 11, 2001, and who have 
traumatic brain injury or post-traumatic stress disorder.
SEC. 509. STUDY ON EFFICACY OF CLINICAL AND AT-HOME RESOURCES FOR 
                        POST-TRAUMATIC STRESS DISORDER.

    Not later than two years after the date of the enactment of this 
Act, the Secretary of Veterans Affairs, acting through the Office of 
Research and Development of the Department of Veterans Affairs, shall 
conduct a study on--
            (1) the efficacy of clinical and at-home resources, such as 
        mobile applications like COVID Coach, for providers, veterans, 
        caregivers, and family members to use for dealing with 
        stressors;
            (2) the feasibility and advisability of developing more such 
        resources;
            (3) strategies for improving mental health care and outcomes 
        for veterans with post-traumatic stress disorder; and
            (4) best practices for helping family members of veterans 
        deal with secondary post-traumatic stress disorder or mental 
        health concerns.

[[Page 136 STAT. 5518]]

   DIVISION W <<NOTE: Unleashing American Innovators Act of 2022.>> --
UNLEASHING AMERICAN INNOVATORS ACT OF 2022
SEC. 101. <<NOTE: 35 USC 1 note.>>  SHORT TITLE.

    This division may be cited as the ``Unleashing American Innovators 
Act of 2022''.
SEC. 102. <<NOTE: 35 USC 1 note.>>  DEFINITIONS.

    In this division:
            (1) Director.--The term ``Director'' means the Under 
        Secretary of Commerce for Intellectual Property and Director of 
        the Office.
            (2) Office.--The term ``Office'' means the United States 
        Patent and Trademark Office.
            (3) Patent pro bono programs.--The term ``patent pro bono 
        programs'' means the programs established pursuant to section 32 
        of the Leahy-Smith America Invents Act (35 U.S.C. 2 note).
            (4) Southeast region of the united states.--The term 
        ``southeast region of the United States'' means the area of the 
        United States that is comprised of the States of Virginia, North 
        Carolina, South Carolina, Georgia, Florida, Tennessee, Alabama, 
        Mississippi, Louisiana, and Arkansas.
SEC. 103. SATELLITE OFFICES.

    (a) Amendments to Purpose and Required Considerations.--Section 23 
of the Leahy-Smith America Invents Act (35 U.S.C. 1 note) is amended--
            (1) in subsection (b)--
                    (A) in paragraph (1)--
                          (i) by striking ``increase outreach activities 
                      to''; and
                          (ii) by inserting after ``Office'' the 
                      following: ``, including by increasing outreach 
                      activities, including to individual inventors, 
                      small businesses, veterans, low-income 
                      populations, students, rural populations, and any 
                      geographic group of innovators that the Director 
                      may determine to be underrepresented in patent 
                      filings''; and
                    (B) by striking paragraph (2) and inserting the 
                following:
            ``(2) enhance patent examiner and administrative patent 
        judge retention, including patent examiners and administrative 
        patent judges from economically, geographically, and 
        demographically diverse backgrounds;''; and
            (2) in subsection (c)(1)--
                    (A) in subparagraph (D), by striking ``and'' at the 
                end;
                    (B) in subparagraph (E), by striking the period at 
                the end and inserting ``; and''; and
                    (C) by adding at the end the following:
                    ``(F) with respect to each office established after 
                January 1, 2023, shall consider the proximity of the 
                office to anchor institutions (such as hospitals 
                primarily serving veterans and institutions of higher 
                education), individual inventors, small businesses, 
                veterans, low-income populations, students, rural 
                populations, and any geographic

[[Page 136 STAT. 5519]]

                group of innovators that the Director may determine to 
                be underrepresented in patent filings.''.

    (b) <<NOTE: 35 USC 1 note.>>  Southeast Regional Office.--
            (1) <<NOTE: Deadline. Establishment.>>  In general.--Not 
        later than 3 years after the date of enactment of this Act, the 
        Director shall establish a satellite office of the Office in the 
        southeast region of the United States.
            (2) Considerations.--When selecting a site for the office 
        required under paragraph (1), the Director shall consider the 
        following:
                    (A) The number of patent-intensive industries 
                located near the site.
                    (B) How many research-intensive institutions, 
                including institutions of higher education, are located 
                near the site.
                    (C) The State and local government legal and 
                business frameworks that support intellectual property-
                intensive industries located near the site.

    (c) <<NOTE: Deadline. Determination.>>  Study on Additional 
Satellite Offices.--Not later than 2 years after the date of enactment 
of this Act, the Director shall complete a study to determine whether 
additional satellite offices of the Office are necessary to--
            (1) achieve the purposes described in section 23(b) of the 
        Leahy-Smith America Invents Act (35 U.S.C. 1 note), as amended 
        by this section; and
            (2) increase participation in the patent system by 
        individual inventors, small businesses, veterans, low-income 
        populations, students, rural populations, and any geographic 
        group of innovators that the Director may determine to be 
        underrepresented in patent filings.
SEC. 104. <<NOTE: 35 USC 1 note.>>  COMMUNITY OUTREACH OFFICES.

    (a) Establishment.--
            (1) <<NOTE: Deadline.>>  In general.--Subject to paragraphs 
        (2) and (3), not later than 5 years after the date of enactment 
        of this Act, the Director shall establish not fewer than 4 
        community outreach offices throughout the United States.
            (2) Restriction.--No community outreach office established 
        under paragraph (1) may be located in the same State as--
                    (A) the principal office of the Office; or
                    (B) any satellite office of the Office.
            (3) Requirement for northern new england region.--
                    (A) In general.--The Director shall establish not 
                less than 1 community outreach office under this 
                subsection in the northern New England region, which 
                shall serve the States of Vermont, New Hampshire, and 
                Maine.
                    (B) Considerations.--In determining the location for 
                the office required to be established under subparagraph 
                (A), the Director shall give preference to a location in 
                which--
                          (i) as of the date of enactment of this Act--
                                    (I) there is located not less than 1 
                                public institution of higher education 
                                and not less than 1 private institution 
                                of higher education; and
                                    (II) there are located not more than 
                                15 registered patent attorneys, 
                                according to data from

[[Page 136 STAT. 5520]]

                                the Office of Enrollment and Discipline 
                                of the Office; and
                          (ii) according to data from the 2012 Survey of 
                      Business Owners conducted by the Bureau of the 
                      Census, less than 45 percent of the firms (as that 
                      term is defined for the purposes of that Survey) 
                      are owned by women, minorities, or veterans.

    (b) Purposes.--The purposes of the community outreach offices 
established under subsection (a) are to--
            (1) further achieve the purposes described in section 
        23(b)(1) of the Leahy-Smith America Invents Act (35 U.S.C. 1 
        note), as amended by this division;
            (2) partner with local community organizations, institutions 
        of higher education, research institutions, and businesses to 
        create community-based programs that--
                    (A) provide education regarding the patent system; 
                and
                    (B) promote the career benefits of innovation and 
                entrepreneurship; and
            (3) educate prospective inventors, including individual 
        inventors, small businesses, veterans, low-income populations, 
        students, rural populations, and any geographic group of 
        innovators that the Director may determine to be 
        underrepresented in patent filings, about all public and private 
        resources available to potential patent applicants, including 
        the patent pro bono programs.
SEC. 105. <<NOTE: 35 USC 2 note.>>  UPDATES TO THE PATENT PRO BONO 
                        PROGRAMS.

    (a) Study and Updates.--
            (1) <<NOTE: Deadline.>>  In general.--Not later than 1 year 
        after the date of enactment of this Act, the Director shall--
                    (A) complete a study of the patent pro bono 
                programs; and
                    (B) submit the results of the study required under 
                subparagraph (A) to the Committee on the Judiciary of 
                the Senate and the Committee on the Judiciary of the 
                House of Representatives.
            (2) Scope of the study.--The study required under paragraph 
        (1)(A) shall--
                    (A) <<NOTE: Assessment.>>  assess--
                          (i) whether the patent pro bono programs, as 
                      in effect on the date on which the study is 
                      commenced, are sufficiently serving prospective 
                      and existing participants;
                          (ii) whether the patent pro bono programs are 
                      sufficiently funded to serve prospective 
                      participants;
                          (iii) whether any participation requirement of 
                      the patent pro bono programs, including any 
                      requirement to demonstrate knowledge of the patent 
                      system, serves as a deterrent for prospective 
                      participants;
                          (iv) the degree to which prospective inventors 
                      are aware of the patent pro bono programs;
                          (v) what factors, if any, deter attorneys from 
                      participating in the patent pro bono programs;
                          (vi) whether the patent pro bono programs 
                      would be improved by expanding those programs to 
                      include non-attorney advocates; and

[[Page 136 STAT. 5521]]

                          (vii) any other issue the Director determines 
                      appropriate; and
                    (B) <<NOTE: Recommenda- tions.>>  make 
                recommendations for such administrative and legislative 
                action as may be appropriate.

    (b) <<NOTE: Update.>>  Use of Results.--Upon completion of the study 
required under subsection (a), the Director shall work with the Pro Bono 
Advisory Council, the operators of the patent pro bono programs, and 
intellectual property law associations across the United States to 
update the patent pro bono programs in response to the findings of the 
study.

    (c) Expansion of Income Eligibility.--
            (1) In general.--The Director shall work with and support, 
        including by providing financial support to, existing patent pro 
        bono programs and intellectual property law associations across 
        the United States to expand eligibility for the patent pro bono 
        programs to an individual living in a household, the gross 
        household income of which is not more than 400 percent of the 
        Federal poverty line.
            (2) Rule of construction.--Nothing in paragraph (1) may be 
        construed to prevent a patent pro bono program from electing to 
        establish a higher eligibility level, as compared to the level 
        described in that paragraph.
SEC. 106. <<NOTE: 35 USC 131 note.>>  PRE-PROSECUTION ASSESSMENT 
                        PILOT PROGRAM.

    (a) <<NOTE: Deadline. Assessments.>>  Pilot Program.--Not later than 
1 year after the date of enactment of this Act, the Director shall 
establish a pilot program to assist first-time prospective patent 
applicants in assessing the strengths and weaknesses of a potential 
patent application submitted by such a prospective applicant.

    (b) Considerations.--In developing the pilot program required under 
subsection (a), the Director shall establish--
            (1) <<NOTE: Notification.>>  a notification process to 
        notify a prospective patent applicant seeking an assessment 
        described in that subsection that any assessment so provided may 
        not be considered an official ruling of patentability from the 
        Office;
            (2) conditions to determine eligibility for the pilot 
        program, taking into consideration available resources;
            (3) reasonable limitations on the amount of time to be spent 
        providing assistance to each individual first-time prospective 
        patent applicant;
            (4) <<NOTE: Procedures.>>  procedures for referring 
        prospective patent applicants to legal counsel, including 
        through the patent pro bono programs; and
            (5) <<NOTE: Procedures.>>  procedures to protect the 
        confidentiality of the information disclosed by prospective 
        patent applicants.
SEC. 107. FEE REDUCTION FOR SMALL AND MICRO ENTITIES.

    (a) Title 35.--Section 41(h) of title 35, United States Code, is 
amended--
            (1) in paragraph (1), by striking ``50 percent'' and 
        inserting ``60 percent''; and
            (2) in paragraph (3), by striking ``75 percent'' and 
        inserting ``80 percent''.

    (b) False Certifications.--Title 35, United States Code, is 
amended--
            (1) in section 41, by adding at the end the following:

    ``(j) <<NOTE: Determination.>>  Penalty for False Assertions.--In 
addition to any other penalty available under law, an entity that is 
found to have falsely

[[Page 136 STAT. 5522]]

asserted entitlement to a fee reduction under this section shall be 
subject to a fine, to be determined by the Director, the amount of which 
shall be not less than 3 times the amount that the entity failed to pay 
as a result of the false assertion, whether the Director discovers the 
false assertion before or after the date on which a patent has been 
issued.''; and
            (2) in section 123, by adding at the end the following:

    ``(f) Penalty for False Certifications.--In addition to any other 
penalty available under law, an entity that is found to have falsely 
made a certification under this section shall be subject to a fine, to 
be determined by the Director, the amount of which shall be not less 
than 3 times the amount that the entity failed to pay as a result of the 
false certification, whether the Director discovers the false 
certification before or after the date on which a patent has been 
issued.''.
    (c) Leahy-Smith America Invents Act.--Section 10(b) of the Leahy 
Smith America Invents Act (35 U.S.C. 41 note) is amended--
            (1) by striking ``50 percent'' and inserting ``60 percent''; 
        and
            (2) by striking ``75 percent'' and inserting ``80 percent''.

    (d) Study on Fees.--
            (1) <<NOTE: Deadline.>>  In general.--Not later than 2 years 
        after the date of enactment of this Act, the Director shall--
                    (A) complete a study of the fees charged by the 
                Office; and
                    (B) submit the results of the study required under 
                subparagraph (A) to the Committee on the Judiciary of 
                the Senate and the Committee on the Judiciary of the 
                House of Representatives.
            (2) Scope of study.--The study required under paragraph 
        (1)(A) shall--
                    (A) <<NOTE: Assessments.>>  assess whether--
                          (i) fees for small and micro entities are 
                      inhibiting the filing of patent applications by 
                      those entities;
                          (ii) fees for examination should approximately 
                      match the costs of examination and what incentives 
                      are created by using maintenance fees to cover the 
                      costs of examination; and
                          (iii) the results of the assessments performed 
                      under clauses (i) and (ii) counsel in favor of 
                      changes to the fee structure of the Office, such 
                      as--
                                    (I) raising standard application and 
                                examination fees;
                                    (II) reducing standard maintenance 
                                fees; and
                                    (III) reducing the fees for small 
                                and micro entities as a percentage of 
                                standard application fees; and
                    (B) <<NOTE: Recommenda- tions.>>  make 
                recommendations for such administrative and legislative 
                action as may be appropriate.

[[Page 136 STAT. 5523]]

   DIVISION X--EXTENSION OF AUTHORIZATION FOR SPECIAL ASSESSMENT FOR 
                   DOMESTIC TRAFFICKING VICTIMS' FUND

SEC. 101. EXTENSION OF AUTHORIZATION FOR SPECIAL ASSESSMENT FOR 
                        DOMESTIC TRAFFICKING VICTIMS' FUND.

    Section 3014(a) of title 18, United States Code, is amended, in the 
matter preceding paragraph (1), by striking ``December 23, 2022'' and 
inserting ``December 23, 2024''.

  DIVISION Y <<NOTE: Continuity for Operators with Necessary Training 
Required for ATC Contract Towers Act of 2022.>> --CONTRACT ACT OF 2022
SEC. 101. SHORT TITLE.

    This division may be cited as the ``Continuity for Operators with 
Necessary Training Required for ATC Contract Towers Act of 2022'' or the 
``CONTRACT Act of 2022''.
SEC. 102. <<NOTE: 5 USC 101 note.>>  ANNUITY SUPPLEMENT.

    Section 8421a(c) of title 5, United States Code, is amended--
            (1) by striking ``as an air traffic'' and inserting the 
        following: ``as an--
            ``(1) air traffic'';
            (2) in paragraph (1), as so designated, by striking the 
        period at the end and inserting ``; or''; and
            (3) by adding at the end the following:
            ``(2) air traffic controller pursuant to a contract made 
        with the Secretary of Transportation under section 47124 of 
        title 49.''.

DIVISION Z <<NOTE: Computers for Veterans and Students Act of 2022.>> --
COVS ACT
SEC. 101. <<NOTE: 40 USC 101 note.>>  SHORT TITLE.

    This division may be cited as the ``Computers for Veterans and 
Students Act of 2022'' or the ``COVS Act''.
SEC. 102. <<NOTE: 40 USC 549a note.>>  FINDINGS.

    Congress finds the following:
            (1) Access to computers and computer technology is 
        indispensable for success in the 21st century. Millions of 
        Americans do not regularly use a computer and research shows 
        that substantial disparities remain in both internet use and the 
        quality of access, with the digital divide concentrated among 
        older, less educated, less affluent populations, especially 
        veterans, low-income students, and senior citizens.
            (2) The COVID-19 pandemic has highlighted the gap between 
        those with computer access and those without. Millions of 
        students, their families, and workers from across the economy 
        were unable to do schoolwork, work remotely from home, or 
        connect to loved ones and their communities because of the 
        digital divide.
            (3) Any Federal program that distributes surplus, repairable 
        Federal computers or technology equipment would benefit

[[Page 136 STAT. 5524]]

        from a partnership with a nonprofit organization whose mission 
        is bridging the digital divide.
SEC. 103. REFURBISHMENT AND DISTRIBUTION OF SURPLUS COMPUTERS AND 
                        TECHNOLOGY EQUIPMENT.

    (a) In General.--Subchapter III of chapter 5 of title 40, United 
States Code, is amended by inserting after section 549 the following:
``Sec. 549a. <<NOTE: 40 USC 549a.>>  Donation of personal property 
                  through nonprofit refurbishers

    ``(a) <<NOTE: Deadline. Transfer authority.>>  Authorization.--Not 
later than 30 days after the date on which the Administrator provides 
State agencies for surplus property an opportunity to review surplus 
computer or technology equipment under section 549, the Administrator 
shall, as appropriate, transfer full title to such surplus computer or 
technology equipment that is determined to be eligible under subsection 
(b)(1) to nonprofit computer refurbishers for repair, distribution, and 
subsequent transfer of full title of the equipment to eligible 
recipients under this section.

    ``(b) Eligibility, Participation, and Duties.--
            ``(1) <<NOTE: Determination.>>  Eligibility.--Surplus 
        computer or technology equipment is eligible for transfer under 
        this section if a Federal agency determines that--
                    ``(A) the surplus computer or technology equipment 
                is repairable; and
                    ``(B) the surplus computer or technology equipment 
                meets the Guidelines for Media Sanitization issued by 
                the National Institute of Standards and Technology (NIST 
                Special Publication 800-88), or any successor thereto.
            ``(2) Participation.--The Administrator may establish 
        partnerships with nongovernmental entities, at no cost and 
        through cooperative agreements, to facilitate the identification 
        and participation of nonprofit computer refurbishers under this 
        section.
            ``(3) Duties of refurbishers.--A nonprofit computer 
        refurbisher that receives surplus computer or technology 
        equipment under this section shall--
                    ``(A) make necessary repairs to restore the surplus 
                computer or technology equipment to working order;
                    ``(B) distribute the repaired surplus computer or 
                technology equipment to eligible recipients at no cost, 
                except to the extent--
                          ``(i) necessary to facilitate shipping and 
                      handling of such equipment; and
                          ``(ii) that such cost is consistent with any 
                      regulations promulgated by the Administrator under 
                      subsection (d);
                    ``(C) offer training programs on the use of the 
                repaired computers and technology equipment for the 
                recipients of the equipment; and
                    ``(D) use recyclers to the maximum extent 
                practicable in the event that surplus computer or 
                technology equipment transferred under this section 
                cannot be repaired or reused.

    ``(c) Reporting Requirements.--
            ``(1) Refurbisher reports.--A nonprofit computer refurbisher 
        that receives surplus computer or technology equipment under 
        this section shall provide the Administrator with any

[[Page 136 STAT. 5525]]

        information the Administrator determines to be necessary for 
        required reporting--
                    ``(A) including information about the distribution 
                of such equipment; and
                    ``(B) which shall not include any personal 
                identifying information about the recipient of such 
                equipment apart from whether a recipient is an 
                educational institution, individual with disabilities, 
                low-income individual, student, senior in need, or 
                veteran for the purposes of eligibility under this 
                section.
            ``(2) <<NOTE: Public information. Lists.>>  Administrator 
        reports.--Annually and consistent with reporting requirements 
        for transfers of Federal personal property to non-Federal 
        entities, the Administrator shall submit to Congress and make 
        publicly available a report that includes, for the period 
        covered by the report--
                    ``(A) a description of the efforts of the 
                Administrator under this section;
                    ``(B) a list of nongovernmental entities with which 
                the Administrator had a partnership described in 
                subsection (b)(2);
                    ``(C) a list of nonprofit computer refurbishers that 
                received, made repairs to, and distributed surplus 
                computer and technology equipment, including disclosure 
                of any foreign ownership interest in a nonprofit 
                computer refurbisher; and
                    ``(D) a list of donated and subsequently repaired 
                surplus computer or technology equipment identifying--
                          ``(i) the Federal agency that donated the 
                      surplus computer or technology equipment;
                          ``(ii) the State and county (or similar unit 
                      of local government) where the recipient is 
                      located; and
                          ``(iii) whether the recipient is an 
                      educational institution, individual with 
                      disabilities, low-income individual, student, 
                      senior in need, or veteran.
            ``(3) <<NOTE: Public information.>>  Agency reports.--Not 
        later than 5 years after the date of enactment of this section, 
        and annually thereafter, the head of each Federal agency shall 
        make publicly available a report on the number of pieces of 
        repairable surplus computer or technology equipment that were 
        sent to recycling, abandoned, or destroyed.

    ``(d) Regulations.--The Administrator shall issue regulations that 
are necessary and appropriate to implement this section, including--
            ``(1) allowing nonprofit computer refurbishers to assess 
        nominal fees (which shall not exceed fair market value) on 
        recipients of refurbished surplus computer or technology 
        equipment to facilitate shipping and handling of the surplus 
        computer or technology equipment;
            ``(2) <<NOTE: Determination.>>  determining, in coordination 
        with other relevant Federal agencies, eligibility and 
        certification requirements for nongovernmental entities and 
        nonprofit computer refurbishers to participate in the program 
        established under this section, including whether the 
        participation of a nongovernmental entity or nonprofit computer 
        refurbisher poses any actual or potential harm to the national 
        security interests of the United States;

[[Page 136 STAT. 5526]]

            ``(3) establishing an efficient process for identifying 
        eligible recipients; and
            ``(4) <<NOTE: Determination.>>  determining appropriate 
        recyclers to dispose of surplus computer or technology equipment 
        if it cannot be repaired or refurbished under this section.

    ``(e) Judicial Review.--Nothing in this section shall be construed 
to create any substantive or procedural right or benefit enforceable by 
law by a party against the United States, its agencies, its officers, or 
its employees.
    ``(f) Rule of Construction.--Nothing in this section may be 
construed to supersede the requirements of the Stevenson-Wydler 
Technology Innovation Act of 1980 (Public Law 96-480; 15 U.S.C. 3701 et 
seq.).
    ``(g) Definitions.--In this section:
            ``(1) Administrator.--The term `Administrator' means the 
        Administrator of General Services.
            ``(2) Digital divide.--The term `digital divide' means the 
        gap between those who have an internet-connected computer and 
        the skills to use the computer and those who do not.
            ``(3) Disability.--The term `disability' has the meaning 
        given that term in section 3 of the Americans with Disabilities 
        Act of 1990 (42 U.S.C. 12102).
            ``(4) Educational institution.--The term `educational 
        institution' means--
                    ``(A) any public or private child care center, 
                preschool, elementary school, secondary school, 
                accredited institution of vocational or professional 
                education, or institution of higher education;
                    ``(B) in the case of an accredited institution of 
                vocational or professional education or an institution 
                of higher education composed of more than 1 school, 
                college, or department that is administratively a 
                separate unit, each such school, college, or department; 
                and
                    ``(C) a home school (whether treated as a home 
                school or private school for the purposes of applicable 
                State law).
            ``(5) Eligible recipient.--The term `eligible recipient' 
        means an educational institution, individual with a disability, 
        low-income individual, student, senior in need, or veteran that 
        is residing or based in the United States.
            ``(6) Institution of higher education.--The term 
        `institution of higher education' has the meaning given that 
        term in section 101 of the Higher Education Act of 1965 (20 
        U.S.C. 1001).
            ``(7) Low-income individual.--The term `low-income 
        individual' has the meaning given that term in section 351 of 
        the Small Business Investment Act of 1958 (15 U.S.C. 689).
            ``(8) Nongovernmental entity.--The term `nongovernmental 
        entity' means an organization or group of organizations that--
                    ``(A) are not part of a Federal, State, local, 
                Tribal, or territorial government; and
                    ``(B) are nonprofit computer refurbishers or other 
                industry participants that--
                          ``(i) primarily work to improve access to 
                      information and communication technology in their 
                      mission to bridge the digital divide through 
                      coordination and oversight of computer 
                      refurbishment and repair; and

[[Page 136 STAT. 5527]]

                          ``(ii) operate in the United States.
            ``(9) Nonprofit computer refurbisher.--The term `nonprofit 
        computer refurbisher' means a nonprofit organization that--
                    ``(A) primarily works to improve access to 
                information and communication technology in their 
                mission to bridge the digital divide; and
                    ``(B) operates in the United States.
            ``(10) Nonprofit organization.--The term `nonprofit 
        organization' means an organization that is described under 
        section 501(c)(3) of the Internal Revenue Code of 1986 and is 
        exempt from taxation under section 501(a) of such Code.
            ``(11) Repairable.--The term `repairable' means property 
        that is unusable in its current state but can be economically 
        repaired.
            ``(12) Secondary school.--The term `secondary school' has 
        the meaning given that term in section 8101 of the Elementary 
        and Secondary Education Act of 1965 (20 U.S.C. 7801).
            ``(13) Senior.--The term `senior' means an individual who is 
        65 years of age or older.
            ``(14) Senior in need.--The term `senior in need' means a 
        senior who experiences cultural, social, or geographical 
        isolation that--
                    ``(A) restricts the ability of the senior to perform 
                normal daily tasks; or
                    ``(B) threatens the capacity of the senior to live 
                independently.
            ``(15) State agency for surplus property.--The term `State 
        agency for surplus property' has the meaning given the term 
        `state agency' under section 549(a).
            ``(16) Student.--The term `student' means any individual 
        enrolled in an educational institution, but not a public or 
        private child care center.
            ``(17) Surplus computer or technology equipment.--The term 
        `surplus computer or technology equipment' means computer or 
        technology equipment that is property described under section 
        549(b)(2).
            ``(18) Technology equipment.--The term `technology 
        equipment' means any physical asset related to a computer or 
        information technology, including any peripheral component, 
        tablet, communication device (such as a router, server, or cell 
        phone), printer, scanner, uninterruptible power source, cable, 
        or connection.
            ``(19) Veteran.--The term `veteran' has the meaning given 
        that term in section 101 of title 38.''.

    (b) <<NOTE: 40 USC prec. 501.>>  Conforming Amendment.--The table of 
sections for chapter 5 of title 40, United States Code, is amended by 
inserting after the item relating to section 549 the following:

``549a. Donation of personal property through nonprofit refurbishers.''.

[[Page 136 STAT. 5528]]

                 DIVISION AA--FINANCIAL SERVICES MATTERS

            TITLE I--REGISTRATION FOR INDEX-LINKED ANNUITIES

SEC. 101. <<NOTE: 15 USC 77s note.>>  PARITY FOR REGISTERED INDEX-
                        LINKED ANNUITIES REGARDING REGISTRATION 
                        RULES.

    (a) Definitions.--In this section:
            (1) Commission.--The term ``Commission'' means the 
        Securities and Exchange Commission.
            (2) Investment company.--The term ``investment company'' has 
        the meaning given the term in section 3 of the Investment 
        Company Act of 1940 (15 U.S.C. 80a-3).
            (3) Market value adjustment.--The term ``market value 
        adjustment'' means, with respect to a registered index-linked 
        annuity, after an early withdrawal or contract discontinuance--
                    (A) an adjustment to the value of that annuity based 
                on calculations using a predetermined formula; or
                    (B) a change in interest rates (or other factor, as 
                determined by the Commission) that apply to that 
                annuity.
            (4) Purchaser.--The term ``purchaser'' means a purchaser of 
        a registered index-linked annuity.
            (5) Registered index-linked annuity.--The term ``registered 
        index-linked annuity'' means an annuity--
                    (A) that is deemed to be a security;
                    (B) that is registered with the Commission in 
                accordance with section 5 of the Securities Act of 1933 
                (15 U.S.C. 77e);
                    (C) that is issued by an insurance company that is 
                subject to the supervision of--
                          (i) the insurance commissioner or bank 
                      commissioner of any State; or
                          (ii) any agency or officer performing like 
                      functions as a commissioner described in clause 
                      (i);
                    (D) that is not issued by an investment company; and
                    (E) the returns of which--
                          (i) are based on the performance of a 
                      specified benchmark index or rate (or a registered 
                      exchange traded fund that seeks to track the 
                      performance of a specified benchmark index or 
                      rate); and
                          (ii) may be subject to a market value 
                      adjustment if amounts are withdrawn before the end 
                      of the period during which that market value 
                      adjustment applies.
            (6) Security.--The term ``security'' has the meaning given 
        the term in section 2(a) of the Securities Act of 1933 (15 
        U.S.C. 77b(a)).

    (b) Rules.--
            (1) <<NOTE: Deadlines.>>  In general.--Not later than 180 
        days after the date of enactment of this Act, the Commission 
        shall propose, and, not later than 18 months after the date of 
        enactment of this Act, the Commission shall prepare and 
        finalize, new or amended rules, as appropriate, to establish a 
        new form in accordance with paragraph (2) on which an issuer of 
        a registered index-linked annuity may register that registered 
        index-linked

[[Page 136 STAT. 5529]]

        annuity, subject to conditions the Commission determines 
        appropriate, which may include requiring the issuer to take the 
        steps described in section 240.12h-7(e) of title 17, Code of 
        Federal Regulations, or any successor regulation, with respect 
        to the registered index-linked annuity.
            (2) Design of form.--In developing the form required to be 
        established under paragraph (1), the Commission shall--
                    (A) design the form to ensure that a purchaser using 
                the form receives the information necessary to make 
                knowledgeable decisions, taking into account--
                          (i) the availability of information;
                          (ii) the knowledge and sophistication of that 
                      class of purchasers;
                          (iii) the complexity of the registered index-
                      linked annuity; and
                          (iv) any other factor the Commission 
                      determines appropriate;
                    (B) engage in investor testing; and
                    (C) incorporate the results of the testing required 
                under subparagraph (B) in the design of the form, with 
                the goal of ensuring that key information is conveyed in 
                terms that a purchaser is able to understand.

    (c) Treatment if Rules Not Prepared and Finalized in a Timely 
Manner.--
            (1) In general.--If, as of the date that is 18 months after 
        the date of enactment of this Act, the Commission has failed to 
        prepare and finalize the rules required under subsection (b)(1), 
        any registered index-linked annuity may be registered on the 
        form described in section 239.17b of title 17, Code of Federal 
        Regulations, or any successor regulation.
            (2) Preparation.--A registration described in paragraph (1) 
        shall be prepared pursuant to applicable provisions of the form 
        described in that paragraph.
            (3) Termination.--This subsection shall terminate upon the 
        establishment by the Commission of the form described in 
        subsection (b).

    (d) Rules of Construction.--Nothing in this section may be construed 
to--
            (1) limit the authority of the Commission to--
                    (A) determine the information to be requested in the 
                form described in subsection (b); or
                    (B) extend the eligibility for the form described in 
                subsection (b) to a product that is similar to, but is 
                not, a registered index-linked annuity; or
            (2) preempt any State law, regulation, rule, or order.

TITLE II <<NOTE: Masih Alinejad Harassment and Unlawful Targeting Act of 
2022.>> --MASIH ALINEJAD HUNT ACT OF 2022
SEC. 201. <<NOTE: 22 USC 8501 note.>>  SHORT TITLE.

    This title may be cited as the ``Masih Alinejad Harassment and 
Unlawful Targeting Act of 2022'' or the ``Masih Alinejad HUNT Act of 
2022''.

[[Page 136 STAT. 5530]]

SEC. 202. <<NOTE: 22 USC 8561.>>  FINDINGS.

    Congress finds that the Government of the Islamic Republic of Iran 
surveils, harasses, terrorizes, tortures, abducts, and murders 
individuals who peacefully defend human rights and freedoms in Iran, and 
innocent entities and individuals considered by the Government of Iran 
to be enemies of that regime, including United States citizens on United 
States soil, and takes foreign nationals hostage, including in the 
following instances:
            (1) In 2021, Iranian intelligence agents were indicted for 
        plotting to kidnap United States citizen, women's rights 
        activist, and journalist Masih Alinejad, from her home in New 
        York City, in retaliation for exercising her rights under the 
        First Amendment to the Constitution of the United States. 
        Iranian agents allegedly spent at least approximately half a 
        million dollars to capture the outspoken critic of the 
        authoritarianism of the Government of Iran, and studied 
        evacuating her by military-style speedboats to Venezuela before 
        rendition to Iran.
            (2) Prior to the New York kidnapping plot, Ms. Alinejad's 
        family in Iran was instructed by authorities to lure Ms. 
        Alinejad to Turkey. In an attempt to intimidate her into 
        silence, the Government of Iran arrested 3 of Ms. Alinejad's 
        family members in 2019, and sentenced her brother to 8 years in 
        prison for refusing to denounce her.
            (3) According to Federal prosecutors, the same Iranian 
        intelligence network that allegedly plotted to kidnap Ms. 
        Alinejad is also targeting critics of the Government of Iran who 
        live in Canada, the United Kingdom, and the United Arab 
        Emirates.
            (4) In 2021, an Iranian diplomat was convicted in Belgium of 
        attempting to carry out a 2018 bombing of a dissident rally in 
        France.
            (5) In 2021, a Danish high court found a Norwegian citizen 
        of Iranian descent guilty of illegal espionage and complicity in 
        a failed plot to kill an Iranian Arab dissident figure in 
        Denmark.
            (6) In 2021, the British Broadcasting Corporation (BBC) 
        appealed to the United Nations to protect BBC Persian employees 
        in London who suffer regular harassment and threats of 
        kidnapping by Iranian government agents.
            (7) In 2021, 15 militants allegedly working on behalf of the 
        Government of Iran were arrested in Ethiopia for plotting to 
        attack citizens of Israel, the United States, and the United 
        Arab Emirates, according to United States officials.
            (8) <<NOTE: Jamshid Sharmand.>>  In 2020, Iranian agents 
        allegedly kidnapped United States resident and Iranian-German 
        journalist Jamshid Sharmahd, while he was traveling to India 
        through Dubai. Iranian authorities announced they had seized Mr. 
        Sharmahd in ``a complex operation'', and paraded him blindfolded 
        on state television. Mr. Sharmahd is arbitrarily detained in 
        Iran, allegedly facing the death penalty. In 2009, Mr. Sharmahd 
        was the target of an alleged Iran-directed assassination plot in 
        Glendora, California.
            (9) <<NOTE: Habib Chabi.>>  In 2020, the Government of 
        Turkey released counterterrorism files exposing how Iranian 
        authorities allegedly collaborated with drug gangs to kidnap 
        Habib Chabi, an Iranian-Swedish activist for Iran's Arab 
        minority. In 2020, the Government of Iran allegedly lured Mr. 
        Chabi to Istanbul through

[[Page 136 STAT. 5531]]

        a female agent posing as a potential lover. Mr. Chabi was then 
        allegedly kidnapped from Istanbul, and smuggled into Iran where 
        he faces execution, following a sham trial.
            (10) In 2020, a United States-Iranian citizen and an Iranian 
        resident of California pleaded guilty to charges of acting as 
        illegal agents of the Government of Iran by surveilling Jewish 
        student facilities, including the Hillel Center and Rohr Chabad 
        Center at the University of Chicago, in addition to surveilling 
        and collecting identifying information about United States 
        citizens and nationals who are critical of the Iranian regime.
            (11) <<NOTE: Masoud Molavi Vardanjani.>>  In 2019, 2 Iranian 
        intelligence officers at the Iranian consulate in Turkey 
        allegedly orchestrated the assassination of Iranian dissident 
        journalist Masoud Molavi Vardanjani, who was shot while walking 
        with a friend in Istanbul. Unbeknownst to Mr. Molavi, his 
        ``friend'' was in fact an undercover Iranian agent and the 
        leader of the killing squad, according to a Turkish police 
        report.
            (12) In 2019, around 1,500 people were allegedly killed amid 
        a less than 2 week crackdown by security forces on anti-
        government protests across Iran, including at least an alleged 
        23 children and 400 women.
            (13) <<NOTE: Ruhollah Zam.>>  In 2019, Iranian operatives 
        allegedly lured Paris-based Iranian journalist Ruhollah Zam to 
        Iraq, where he was abducted, and hanged in Iran for sedition.
            (14) <<NOTE: Ali Javanmardi.>>  In 2019, a Kurdistan 
        regional court convicted an Iranian female for trying to lure 
        Voice of America reporter Ali Javanmardi to a hotel room in 
        Irbil, as part of a foiled Iranian intelligence plot to kidnap 
        and extradite Mr. Javanmardi, a critic of the Government of 
        Iran.
            (15) <<NOTE: Roya Hakakian.>>  In 2019, Federal Bureau of 
        Investigation agents visited the rural Connecticut home of Iran-
        born United States author and poet Roya Hakakian to warn her 
        that she was the target of an assassination plot orchestrated by 
        the Government of Iran.
            (16) <<NOTE: Ahmad Mola Nissi. Reza Kolahi Samadi.>>  In 
        2019, the Government of the Netherlands accused the Government 
        of Iran of directing the assassination of Iranian Arab activist 
        Ahmad Mola Nissi, in The Hague, and the assassination of another 
        opposition figure, Reza Kolahi Samadi, who was murdered near 
        Amsterdam in 2015.
            (17) In 2018, German security forces searched for 10 alleged 
        spies who were working for Iran's al-Quds Force to collect 
        information on targets related to the local Jewish community, 
        including kindergartens.
            (18) In 2017, Germany convicted a Pakistani man for working 
        as an Iranian agent to spy on targets including a former German 
        lawmaker and a French-Israeli economics professor.
            (19) In 2012, an Iranian American pleaded guilty to 
        conspiring with members of the Iranian military to bomb a 
        popular Washington, DC, restaurant with the aim of assassinating 
        the ambassador of Saudi Arabia to the United States.
            (20) In 1996, agents of the Government of Iran allegedly 
        assassinated 5 Iranian dissident exiles across Turkey, Pakistan, 
        and Baghdad, over a 5-month period that year.
            (21) <<NOTE: Salman Rushdie.>>  In 1992, the Foreign and 
        Commonwealth Office of the United Kingdom expelled 2 Iranians 
        employed at the Iranian Embassy in London and a third Iranian on 
        a student

[[Page 136 STAT. 5532]]

        visa amid allegations they were plotting to kill Indian-born 
        British American novelist Salman Rushdie, pursuant to the fatwa 
        issued by then supreme leader of Iran, Ayatollah Ruhollah 
        Khomeini.
            (22) In 1992, 4 Iranian Kurdish dissidents were assassinated 
        at a restaurant in Berlin, Germany, allegedly by Iranian agents.
            (23) <<NOTE: Fereydoun Farrokhzad.>>  In 1992, singer, 
        actor, poet, and gay Iranian dissident Fereydoun Farrokhzad was 
        found dead with multiple stab wounds in his apartment in 
        Germany. His death is allegedly the work of Iran-directed 
        agents.
            (24) <<NOTE: Ali Akbar Tabatabaei. Dawud Salahuddin.>>  In 
        1980, Ali Akbar Tabatabaei, a leading critic of Iran and then 
        president of the Iran Freedom Foundation, was murdered in front 
        of his Bethesda, Maryland, home by an assassin disguised as a 
        postal courier. The Federal Bureau of Investigation had 
        identified the ``mailman'' as Dawud Salahuddin, born David 
        Theodore Belfield. Mr. Salahuddin was working as a security 
        guard at an Iranian interest office in Washington, DC, when he 
        claims he accepted the assignment and payment of $5,000 from the 
        Government of Iran to kill Mr. Tabatabaei.
            (25) <<NOTE: Shahriar Shafiq. Shapour Bakhtiar. Gholam Ali 
        Oveissi.>>  Other exiled Iranian dissidents alleged to have been 
        victims of the Government of Iran's murderous extraterritorial 
        campaign include Shahriar Shafiq, Shapour Bakhtiar, and Gholam 
        Ali Oveissi.
            (26) Iranian Americans face an ongoing campaign of 
        intimidation both in the virtual and physical world by agents 
        and affiliates of the Government of Iran, which aims to stifle 
        freedom of expression and eliminate the threat Iranian 
        authorities believe democracy, justice, and gender equality pose 
        to their rule.
SEC. 203. <<NOTE: 22 USC 8562.>>  DEFINITIONS.

    In this title:
            (1) Admission; admitted; alien.--The terms ``admission'', 
        ``admitted'', and ``alien'' have the meanings given those terms 
        in section 101 of the Immigration and Nationality Act (8 U.S.C. 
        1101).
            (2) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Banking, Housing, and Urban 
                Affairs, the Committee on Foreign Relations, the 
                Committee on the Judiciary, and the Select Committee on 
                Intelligence of the Senate; and
                    (B) the Committee on Financial Services, the 
                Committee on Foreign Affairs, the Committee on the 
                Judiciary, and the Permanent Select Committee on 
                Intelligence of the House of Representatives.
            (3) Correspondent account; payable-through account.--The 
        terms ``correspondent account'' and ``payable-through account'' 
        have the meanings given those terms in section 5318A of title 
        31, United States Code.
            (4) Foreign financial institution.--The term ``foreign 
        financial institution'' has the meaning of that term as 
        determined by the Secretary of the Treasury pursuant to section 
        104(i) of the Comprehensive Iran Sanctions, Accountability, and 
        Divestment Act of 2010 (22 U.S.C. 8513(i)).

[[Page 136 STAT. 5533]]

            (5) Foreign person.--The term ``foreign person'' means any 
        individual or entity that is not a United States person.
            (6) United states person.--The term ``United States person'' 
        means--
                    (A) a United States citizen or an alien lawfully 
                admitted for permanent residence to the United States; 
                or
                    (B) an entity organized under the laws of the United 
                States or any jurisdiction within the United States, 
                including a foreign branch of such an entity.
SEC. 204. <<NOTE: 22 USC 8563.>>  REPORT AND IMPOSITION OF 
                        SANCTIONS WITH RESPECT TO PERSONS WHO ARE 
                        RESPONSIBLE FOR OR COMPLICIT IN ABUSES 
                        TOWARD DISSIDENTS ON BEHALF OF THE 
                        GOVERNMENT OF IRAN.

    (a) Report Required.--
            (1) In general.--Not later than 180 days after the date of 
        the enactment of this Act, the Secretary of State, in 
        consultation with the Secretary of the Treasury, the Director of 
        National Intelligence, and the Attorney General, shall submit to 
        the appropriate congressional committees a report that--
                    (A) <<NOTE: Assessment.>>  includes a detailed 
                description and assessment of--
                          (i) the state of human rights and the rule of 
                      law inside Iran, including the treatment of 
                      marginalized individuals and communities in Iran;
                          (ii) actions taken by the Government of Iran 
                      during the year preceding submission of the report 
                      to target and silence dissidents both inside and 
                      outside of Iran who advocate for human rights 
                      inside Iran;
                          (iii) the methods used by the Government of 
                      Iran to target and silence dissidents both inside 
                      and outside of Iran; and
                          (iv) the means through which the Government of 
                      Iran finances efforts to target and silence 
                      dissidents both inside and outside of Iran and the 
                      amount of that financing;
                    (B) <<NOTE: Determination.>>  identifies foreign 
                persons working as part of the Government of Iran or 
                acting on behalf of that Government or its proxies that 
                are involved in harassment and surveillance and that the 
                Secretary of State may also, as appropriate, determine, 
                in consultation with the Secretary of the Treasury, are 
                knowingly responsible for, complicit in, or involved in 
                ordering, conspiring, planning, or implementing the 
                surveillance, harassment, kidnapping, illegal 
                extradition, imprisonment, torture, killing, or 
                assassination, on or after the date of the enactment of 
                this Act, of citizens of Iran (including citizens of 
                Iran of dual nationality) or citizens of the United 
                States, inside or outside Iran, who seek--
                          (i) to expose illegal or corrupt activity 
                      carried out by officials of the Government of 
                      Iran; or
                          (ii) to obtain, exercise, defend, or promote 
                      the human rights of individuals, including members 
                      of marginalized communities, in Iran; and
                    (C) includes, for each foreign person identified 
                under subparagraph (B), a clear explanation for why the 
                foreign person was so identified.

[[Page 136 STAT. 5534]]

            (2) <<NOTE: Time period.>>  Updates of report.--The report 
        required by paragraph (1) shall be updated, and the updated 
        version submitted to the appropriate congressional committees, 
        during the 10-year period following the date of the enactment of 
        this Act--
                    (A) not less frequently than annually; and
                    (B) with respect to matters relating to the 
                identification of foreign persons under paragraph 
                (1)(B), on an ongoing basis as appropriate.
            (3) Form of report.--
                    (A) In general.--Each report required by paragraph 
                (1) and each update required by paragraph (2) shall be 
                submitted in unclassified form but may include a 
                classified annex.
                    (B) <<NOTE: Web posting.>>  Public availability.--
                The Secretary of State shall post the unclassified 
                portion of each report required by paragraph (1) and 
                each update required by paragraph (2) on a publicly 
                available internet website of the Department of State.

    (b) <<NOTE: President.>>  Imposition of Sanctions.--In the case of a 
foreign person identified under paragraph (1)(B) of subsection (a) in 
the most recent report or update submitted under that subsection, the 
President shall impose the sanctions described in subsection (c), 
pursuant to this section or an appropriate Executive authority.

    (c) Sanctions Described.--The sanctions described in this subsection 
are the following:
            (1) <<NOTE: President.>>  Blocking of property.--The 
        President shall exercise all powers granted to the President by 
        the International Emergency Economic Powers Act (50 U.S.C. 1701 
        et seq.) to the extent necessary to block and prohibit all 
        transactions in all property and interests in property of a 
        foreign person described in subsection (a)(1)(B) if such 
        property and interests in property are in the United States, 
        come within the United States, or are or come within the 
        possession or control of a United States person.
            (2) Inadmissibility of certain individuals .--
                    (A) Ineligibility for visas and admission to the 
                united states.--In the case of a foreign person 
                described in subsection (a)(1)(B) who is an individual, 
                the individual is--
                          (i) inadmissible to the United States;
                          (ii) ineligible to receive a visa or other 
                      documentation to enter the United States; and
                          (iii) otherwise ineligible to be admitted or 
                      paroled into the United States or to receive any 
                      other benefit under the Immigration and 
                      Nationality Act (8 U.S.C. 1101 et seq.).
                    (B) Current visas revoked.--
                          (i) In general.--The visa or other entry 
                      documentation of an individual described in 
                      subparagraph (A) shall be revoked, regardless of 
                      when such visa or other entry documentation is or 
                      was issued.
                          (ii) Immediate effect.--A revocation under 
                      clause (i) shall--
                                    (I) take effect immediately; and
                                    (II) automatically cancel any other 
                                valid visa or entry documentation that 
                                is in the individual's possession.

[[Page 136 STAT. 5535]]

SEC. 205. <<NOTE: 22 USC 8564.>>  REPORT AND IMPOSITION OF 
                        SANCTIONS WITH RESPECT TO FOREIGN 
                        FINANCIAL INSTITUTIONS CONDUCTING 
                        SIGNIFICANT TRANSACTIONS WITH PERSONS 
                        RESPONSIBLE FOR OR COMPLICIT IN ABUSES 
                        TOWARD DISSIDENTS ON BEHALF OF THE 
                        GOVERNMENT OF IRAN.

    (a) Report Required.--Not earlier than 30 days and not later than 60 
days after the Secretary of State submits to the appropriate 
congressional committees a report required by section 204(a), the 
Secretary of the Treasury, in consultation with the Secretary of State, 
shall submit to the appropriate congressional committees a report that 
identifies any foreign financial institution that knowingly conducts a 
significant transaction with a foreign person identified in the report 
submitted under section 204(a) on or after the date on which the foreign 
person is identified in that report.
    (b) Imposition of Sanctions.--The Secretary of the Treasury may 
prohibit the opening, or prohibit or impose strict conditions on the 
maintaining, in the United States of a correspondent account or a 
payable-through account by a foreign financial institution identified 
under subsection (a).
SEC. 206. <<NOTE: 22 USC 8565.>>  EXCEPTIONS; WAIVERS; 
                        IMPLEMENTATION.

    (a) Exceptions.--
            (1) Exception for intelligence, law enforcement, and 
        national security activities.--Sanctions under sections 204 and 
        205 shall not apply to any authorized intelligence, law 
        enforcement, or national security activities of the United 
        States.
            (2) Exception to comply with united nations headquarters 
        agreement.--Sanctions under section 204(c)(2) shall not apply 
        with respect to the admission of an individual to the United 
        States if the admission of the individual is necessary to permit 
        the United States to comply with the Agreement regarding the 
        Headquarters of the United Nations, signed at Lake Success June 
        26, 1947, and entered into force November 21, 1947, between the 
        United Nations and the United States, the Convention on Consular 
        Relations, done at Vienna April 24, 1963, and entered into force 
        March 19, 1967, or other applicable international obligations.

    (b) <<NOTE: President.>>  National Interests Waiver.--The President 
may waive the application of sanctions under section 204 with respect to 
a person if the President--
            (1) <<NOTE: Determination.>>  determines that the waiver is 
        in the national interests of the United States; and
            (2) <<NOTE: Reports.>>  submits to the appropriate 
        congressional committees a report on the waiver and the reasons 
        for the waiver.

    (c) Implementation; Penalties.--
            (1) <<NOTE: President.>>  Implementation.--The President may 
        exercise all authorities provided to the President under 
        sections 203 and 205 of the International Emergency Economic 
        Powers Act (50 U.S.C. 1702 and 1704) to carry out this title.
            (2) Penalties.--A person that violates, attempts to violate, 
        conspires to violate, or causes a violation of section 204(c)(1) 
        or 205(b) or any regulation, license, or order issued to carry 
        out either such section shall be subject to the penalties set 
        forth in subsections (b) and (c) of section 206 of the 
        International Emergency Economic Powers Act (50 U.S.C. 1705) to 
        the same extent as a person that commits an unlawful act 
        described in subsection (a) of that section.

[[Page 136 STAT. 5536]]

SEC. 207. <<NOTE: 22 USC 8566.>>  EXCEPTION RELATING TO 
                        IMPORTATION OF GOODS.

    (a) In General.--Notwithstanding any other provision of this title, 
the authorities and requirements to impose sanctions under this title 
shall not include the authority or a requirement to impose sanctions on 
the importation of goods.
    (b) Good Defined.--In this section, the term ``good'' means any 
article, natural or manmade substance, material, supply or manufactured 
product, including inspection and test equipment, and excluding 
technical data.

                     TITLE III--TRADING PROHIBITIONS

SEC. 301. TRADING PROHIBITION FOR 2 CONSECUTIVE NON-INSPECTION 
                        YEARS.

    Section 104(i) of the Sarbanes-Oxley Act of 2002 (15 U.S.C. 7214(i)) 
is amended--
            (1) in paragraph (2)(A)(ii), by striking ``the foreign 
        jurisdiction described in clause (i)'' and inserting ``a foreign 
        jurisdiction''; and
            (2) in paragraph (3)--
                    (A) in the paragraph heading, by striking ``3'' and 
                inserting ``2''; and
                    (B) in subparagraph (A), in the matter preceding 
                clause (i), by striking ``3'' and inserting ``2''.

        TITLE IV--ANTI-MONEY LAUNDERING WHISTLEBLOWER IMPROVEMENT

SEC. 401. WHISTLEBLOWER INCENTIVES AND PROTECTIONS.

    (a) In General.--Section 5323 of title 31, United States Code, as 
amended by section 6314 of the Anti-Money Laundering Act of 2020 
(division F of Public Law 116-283) is amended by striking subsection (b) 
and inserting the following:
    ``(b) Awards.--
            ``(1) <<NOTE: Regulations. Payment.>>  In general.--In any 
        covered judicial or administrative action, or related action, 
        the Secretary, under regulations prescribed by the Secretary, in 
        consultation with the Attorney General and subject to subsection 
        (c), shall pay an award or awards to 1 or more whistleblowers 
        who voluntarily provided original information to the employer of 
        the individual, the Secretary, or the Attorney General, as 
        applicable, that led to the successful enforcement of the 
        covered judicial or administrative action, or related action, in 
        an aggregate amount equal to--
                    ``(A) not less than 10 percent, in total, of what 
                has been collected of the monetary sanctions imposed in 
                the action or related actions; and
                    ``(B) not more than 30 percent, in total, of what 
                has been collected of the monetary sanctions imposed in 
                the action or related actions.
            ``(2) Payment of awards.--
                    ``(A) In general.--Any amount paid under paragraph 
                (1) shall be paid from the Fund established under 
                paragraph (3).

[[Page 136 STAT. 5537]]

                    ``(B) Related actions.--The Secretary may pay awards 
                less than the amount described in paragraph (1)(A) for 
                related actions in which a whistleblower may be paid by 
                another whistleblower award program.
            ``(3) Source of awards.--
                    ``(A) In general.--There shall be established in the 
                Treasury of the United States a revolving fund to be 
                known as the Financial Integrity Fund (referred to in 
                this subsection as the `Fund').
                    ``(B) Use of fund.--The Fund shall be available to 
                the Secretary, without further appropriation or fiscal 
                year limitations, only for the payment of awards to 
                whistleblowers as provided in subsection (b).
                    ``(C) Restrictions on use of fund.--The Fund shall 
                not be available to pay any personnel or administrative 
                expenses.
            ``(4) Deposits and credits.--
                    ``(A) In general.--There shall be deposited into or 
                credited to the Fund an amount equal to--
                          ``(i) any monetary sanction collected by the 
                      Secretary or Attorney General in any judicial or 
                      administrative action under this title, chapter 35 
                      or section 4305 or 4312 of title 50, or the 
                      Foreign Narcotics Kingpin Designation Act (21 
                      U.S.C. 1901 et seq.), unless the balance of the 
                      Fund at the time the monetary sanction is 
                      collected exceeds $300,000,000; and
                          ``(ii) all income from investments made under 
                      paragraph (5).
                    ``(B) Additional amounts.--If the amounts deposited 
                into or credited to the Fund under subparagraph (A) are 
                not sufficient to satisfy an award made under this 
                subsection, there shall be deposited into or credited to 
                the Fund an amount equal to the unsatisfied portion of 
                the award from any monetary sanction collected by the 
                Secretary of the Treasury or Attorney General in the 
                covered judicial or administrative action on which the 
                award is based.
                    ``(C) Exception.--No amounts to be deposited or 
                transferred into the United States Victims of State 
                Sponsored Terrorism Fund pursuant to the Justice for 
                United States Victims of State Sponsored Terrorism Act 
                (34 U.S.C. 20144) or the Crime Victims Fund pursuant 
                section 1402 of the Victims of Crime Act of 1984 (34 
                U.S.C. 20101) shall be deposited into or credited to the 
                Fund.
            ``(5) Investments.--
                    ``(A) Amounts in fund may be invested.--The 
                Secretary of the Treasury may invest the portion of the 
                Fund that is not required to meet the current needs of 
                the Fund.
                    ``(B) Eligible investments.--Investments shall be 
                made by the Secretary of the Treasury in obligations of 
                the United States or obligations that are guaranteed as 
                to principal and interest by the United States, with 
                maturities suitable to the needs of the Fund as 
                determined by the Secretary.
                    ``(C) Interest and proceeds credited.--The interest 
                on, and the proceeds from the sale or redemption of, any

[[Page 136 STAT. 5538]]

                obligations held in the Fund shall be credited to, and 
                form a part of, the Fund.''.

    (b) Technical and Conforming Amendments.--Section 5323 of title 31, 
United States Code, is amended--
            (1) in subsection (a)--
                    (A) in paragraphs (1) and (5), by striking ``this 
                subchapter or subchapter III'' each place the term 
                appears and inserting ``this subchapter, chapter 35 or 
                section 4305 or 4312 of title 50, the Foreign Narcotics 
                Kingpin Designation Act (21 U.S.C. 1901 et seq.), or .), 
                and for conspiracies to violate the aforementioned 
                provisions''; and
                    (B) in paragraph (4)--
                          (i) by inserting ``covered'' after ``respect 
                      to any'';
                          (ii) by striking ``under this subchapter or 
                      subchapter III''; and
                          (iii) by striking ``action by the Secretary or 
                      the Attorney General'' and inserting ``covered 
                      action'';
            (2) in subsection (c)(1)(B)(iii)--
                    (A) by striking ``subchapter and subchapter III'' 
                and inserting ``this subchapter, chapter 35 or section 
                4305 or 4312 of title 50, and the Foreign Narcotics 
                Kingpin Designation Act (21 U.S.C. 1901 et seq.)''; and
                    (B) by striking ``either such subchapter'' and 
                inserting ``the covered judicial or administrative 
                action''; and
            (3) in subsection (g)(4)(D)(i), by inserting ``chapter 35 or 
        section 4305 or 4312 of title 50, or the Foreign Narcotics 
        Kingpin Designation Act (21 U.S.C. 1901 et seq.),'' after 
        ``subchapter,''.

  TITLE V--SMALL BUSINESS MERGERS, ACQUISITIONS, SALES, AND BROKERAGE 
                             SIMPLIFICATION

SEC. 501. REGISTRATION EXEMPTION FOR MERGER AND ACQUISITION 
                        BROKERS.

    (a) In General.--Section 15(b) of the Securities Exchange Act of 
1934 (15 U.S.C. 78o(b)) is amended by adding at the end the following:
            ``(13) Registration exemption for merger and acquisition 
        brokers.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), an M&A broker shall be exempt from 
                registration under this section.
                    ``(B) Excluded activities.--An M&A broker is not 
                exempt from registration under this paragraph if such 
                broker does any of the following:
                          ``(i) Directly or indirectly, in connection 
                      with the transfer of ownership of an eligible 
                      privately held company, receives, holds, 
                      transmits, or has custody of the funds or 
                      securities to be exchanged by the parties to the 
                      transaction.
                          ``(ii) Engages on behalf of an issuer in a 
                      public offering of any class of securities that is 
                      registered, or is required to be registered, with 
                      the Commission under section 12 or with respect to 
                      which the issuer

[[Page 136 STAT. 5539]]

                      files, or is required to file, periodic 
                      information, documents, and reports under 
                      subsection (d).
                          ``(iii) Engages on behalf of any party in a 
                      transaction involving a shell company, other than 
                      a business combination related shell company.
                          ``(iv) Directly, or indirectly through any of 
                      its affiliates, provides financing related to the 
                      transfer of ownership of an eligible privately 
                      held company.
                          ``(v) Assists any party to obtain financing 
                      from an unaffiliated third party without--
                                    ``(I) complying with all other 
                                applicable laws in connection with such 
                                assistance, including, if applicable, 
                                Regulation T (12 C.F.R. 220 et seq.); 
                                and
                                    ``(II) disclosing any compensation 
                                in writing to the party.
                          ``(vi) Represents both the buyer and the 
                      seller in the same transaction without providing 
                      clear written disclosure as to the parties the 
                      broker represents and obtaining written consent 
                      from both parties to the joint representation.
                          ``(vii) Facilitates a transaction with a group 
                      of buyers formed with the assistance of the M&A 
                      broker to acquire the eligible privately held 
                      company.
                          ``(viii) Engages in a transaction involving 
                      the transfer of ownership of an eligible privately 
                      held company to a passive buyer or group of 
                      passive buyers.
                          ``(ix) Binds a party to a transfer of 
                      ownership of an eligible privately held company.
                    ``(C) Disqualification.--An M&A broker is not exempt 
                from registration under this paragraph if such broker 
                (and if and as applicable, including any officer, 
                director, member, manager, partner, or employee of such 
                broker)--
                          ``(i) has been barred from association with a 
                      broker or dealer by the Commission, any State, or 
                      any self-regulatory organization; or
                          ``(ii) is suspended from association with a 
                      broker or dealer.
                    ``(D) Rule of construction.--Nothing in this 
                paragraph shall be construed to limit any other 
                authority of the Commission to exempt any person, or any 
                class of persons, from any provision of this title, or 
                from any provision of any rule or regulation thereunder.
                    ``(E) Definitions.--In this paragraph:
                          ``(i) Business combination related shell 
                      company.--The term `business combination related 
                      shell company' means a shell company that is 
                      formed by an entity that is not a shell company--
                                    ``(I) solely for the purpose of 
                                changing the corporate domicile of that 
                                entity solely within the United States; 
                                or
                                    ``(II) solely for the purpose of 
                                completing a business combination 
                                transaction (as defined under section 
                                230.165(f) of title 17, Code of Federal 
                                Regulations) among one or more entities 
                                other than the company itself, none of 
                                which is a shell company.

[[Page 136 STAT. 5540]]

                          ``(ii) Control.--The term `control' means the 
                      power, directly or indirectly, to direct the 
                      management or policies of a company, whether 
                      through ownership of securities, by contract, or 
                      otherwise. There is a presumption of control if, 
                      upon completion of a transaction, the buyer or 
                      group of buyers--
                                    ``(I) has the right to vote 25 
                                percent or more of a class of voting 
                                securities or the power to sell or 
                                direct the sale of 25 percent or more of 
                                a class of voting securities; or
                                    ``(II) in the case of a partnership 
                                or limited liability company, has the 
                                right to receive upon dissolution, or 
                                has contributed, 25 percent or more of 
                                the capital.
                          ``(iii) Eligible privately held company.--The 
                      term `eligible privately held company' means a 
                      privately held company that meets both of the 
                      following conditions:
                                    ``(I) The company does not have any 
                                class of securities registered, or 
                                required to be registered, with the 
                                Commission under section 12 or with 
                                respect to which the company files, or 
                                is required to file, periodic 
                                information, documents, and reports 
                                under subsection (d).
                                    ``(II) In the fiscal year ending 
                                immediately before the fiscal year in 
                                which the services of the M&A broker are 
                                initially engaged with respect to the 
                                securities transaction, the company 
                                meets either or both of the following 
                                conditions (determined in accordance 
                                with the historical financial accounting 
                                records of the company):
                                            ``(aa) The earnings of the 
                                        company before interest, taxes, 
                                        depreciation, and amortization 
                                        are less than $25,000,000.
                                            ``(bb) The gross revenues of 
                                        the company are less than 
                                        $250,000,000.
                                For <<NOTE: Determination.>>  purposes 
                                of this subclause, the Commission may by 
                                rule modify the dollar figures if the 
                                Commission determines that such a 
                                modification is necessary or appropriate 
                                in the public interest or for the 
                                protection of investors.
                          ``(iv) M&A broker.--The term `M&A broker' 
                      means a broker, and any person associated with a 
                      broker, engaged in the business of effecting 
                      securities transactions solely in connection with 
                      the transfer of ownership of an eligible privately 
                      held company, regardless of whether the broker 
                      acts on behalf of a seller or buyer, through the 
                      purchase, sale, exchange, issuance, repurchase, or 
                      redemption of, or a business combination 
                      involving, securities or assets of the eligible 
                      privately held company, if the broker reasonably 
                      believes that--
                                    ``(I) upon consummation of the 
                                transaction, any person acquiring 
                                securities or assets of the eligible 
                                privately held company, acting alone or 
                                in concert--

[[Page 136 STAT. 5541]]

                                            ``(aa) will control the 
                                        eligible privately held company 
                                        or the business conducted with 
                                        the assets of the eligible 
                                        privately held company; and
                                            ``(bb) directly or 
                                        indirectly, will be active in 
                                        the management of the eligible 
                                        privately held company or the 
                                        business conducted with the 
                                        assets of the eligible privately 
                                        held company, including without 
                                        limitation, for example, by--
                                                ``(AA) electing 
                                            executive officers;
                                                ``(BB) approving the 
                                            annual budget;
                                                ``(CC) serving as an 
                                            executive or other executive 
                                            manager; or
                                                ``(DD) carrying out such 
                                            other activities as the 
                                            Commission may, by rule, 
                                            determine to be in the 
                                            public interest; and
                                    ``(II) <<NOTE: Time period.>>  if 
                                any person is offered securities in 
                                exchange for securities or assets of the 
                                eligible privately held company, such 
                                person will, prior to becoming legally 
                                bound to consummate the transaction, 
                                receive or have reasonable access to the 
                                most recent fiscal year-end financial 
                                statements of the issuer of the 
                                securities as customarily prepared by 
                                the management of the issuer in the 
                                normal course of operations and, if the 
                                financial statements of the issuer are 
                                audited, reviewed, or compiled, any 
                                related statement by the independent 
                                accountant, a balance sheet dated not 
                                more than 120 days before the date of 
                                the offer, and information pertaining to 
                                the management, business, results of 
                                operations for the period covered by the 
                                foregoing financial statements, and 
                                material loss contingencies of the 
                                issuer.
                          ``(v) Shell company.--The term `shell company' 
                      means a company that at the time of a transaction 
                      with an eligible privately held company--
                                    ``(I) has no or nominal operations; 
                                and
                                    ``(II) has--
                                            ``(aa) no or nominal assets;
                                            ``(bb) assets consisting 
                                        solely of cash and cash 
                                        equivalents; or
                                            ``(cc) assets consisting of 
                                        any amount of cash and cash 
                                        equivalents and nominal other 
                                        assets.
                    ``(F) Inflation adjustment.--
                          ``(i) <<NOTE: Effective date. Time period.>>  
                      In general.--On the date that is 5 years after the 
                      date of the enactment of this paragraph, and every 
                      5 years thereafter, each dollar amount in 
                      subparagraph (E)(iii)(II) shall be adjusted by--
                                    ``(I) dividing the annual value of 
                                the Employment Cost Index For Wages and 
                                Salaries, Private Industry Workers (or 
                                any successor index), as published by 
                                the Bureau of Labor Statistics, for the 
                                calendar year preceding the calendar 
                                year in which the adjustment is being 
                                made by the annual value

[[Page 136 STAT. 5542]]

                                of such index (or successor) for the 
                                calendar year ending December 31, 2020; 
                                and
                                    ``(II) multiplying such dollar 
                                amount by the quotient obtained under 
                                subclause (I).
                          ``(ii) Rounding.--Each dollar amount 
                      determined under clause (i) shall be rounded to 
                      the nearest multiple of $100,000.''.

    (b) <<NOTE: 15 USC 78o note.>>  Effective Date.--This section and 
any amendment made by this section shall take effect on the date that is 
90 days after the date of enactment of this Act.

       TITLE VI--PUBLIC AND FEDERALLY ASSISTED HOUSING FIRE SAFETY

SEC. 601. SMOKE ALARMS IN FEDERALLY ASSISTED HOUSING.

    (a) Public Housing, Tenant-Based Assistance, and Project-Based 
Assistance.--The United States Housing Act of 1937 (42 U.S.C. 1437 et 
seq.) is amended--
            (1) in section 3(a) (42 U.S.C. 1437a(a)), by adding at the 
        end the following:
            ``(9) Qualifying smoke alarms.--
                    ``(A) In general.--Each public housing agency shall 
                ensure that a qualifying smoke alarm is installed in 
                accordance with applicable codes and standards published 
                by the International Code Council or the National Fire 
                Protection Association and the requirements of the 
                National Fire Protection Association Standard 72, or any 
                successor standard, in each level and in or near each 
                sleeping area in any dwelling unit in public housing 
                owned or operated by the public housing agency, 
                including in basements but excepting crawl spaces and 
                unfinished attics, and in each common area in a project 
                containing such a dwelling unit.
                    ``(B) Definitions.--For purposes of this paragraph, 
                the following definitions shall apply:
                          ``(i) Smoke alarm defined.--The term `smoke 
                      alarm' has the meaning given the term `smoke 
                      detector' in section 29(d) of the Federal Fire 
                      Prevention and Control Act of 1974 (15 U.S.C. 
                      2225(d)).
                          ``(ii) Qualifying smoke alarm defined.--The 
                      term `qualifying smoke alarm' means a smoke alarm 
                      that--
                                    ``(I) in the case of a dwelling unit 
                                built before the date of enactment of 
                                this paragraph and not substantially 
                                rehabilitated after the date of 
                                enactment of this paragraph--
                                            ``(aa)(AA) is hardwired; or
                                            ``(BB) uses 10-year non 
                                        rechargeable, nonreplaceable 
                                        primary batteries and is sealed, 
                                        is tamper resistant, and 
                                        contains silencing means; and
                                            ``(bb) provides notification 
                                        for persons with hearing loss as 
                                        required by the National Fire 
                                        Protection Association Standard 
                                        72, or any successor standard; 
                                        or

[[Page 136 STAT. 5543]]

                                    ``(II) in the case of a dwelling 
                                unit built or substantially 
                                rehabilitated after the date of 
                                enactment of this paragraph, is 
                                hardwired.''; and
            (2) in section 8 (42 U.S.C. 1437f)--
                    (A) by inserting after subsection (k) the following:

    ``(l) Qualifying Smoke Alarms.--
            ``(1) In general.--Each owner of a dwelling unit receiving 
        project-based assistance under this section shall ensure that 
        qualifying smoke alarms are installed in accordance with 
        applicable codes and standards published by the International 
        Code Council or the National Fire Protection Association and the 
        requirements of the National Fire Protection Association 
        Standard 72, or any successor standard, in each level and in or 
        near each sleeping area in such dwelling unit, including in 
        basements but excepting crawl spaces and unfinished attics, and 
        in each common area in a project containing such a dwelling 
        unit.
            ``(2) Definitions.--For purposes of this subsection, the 
        following definitions shall apply:
                    ``(A) Smoke alarm defined.--The term `smoke alarm' 
                has the meaning given the term `smoke detector' in 
                section 29(d) of the Federal Fire Prevention and Control 
                Act of 1974 (15 U.S.C. 2225(d)).
                    ``(B) Qualifying smoke alarm defined.--The term 
                `qualifying smoke alarm' means a smoke alarm that--
                          ``(i) in the case of a dwelling unit built 
                      before the date of enactment of this subsection 
                      and not substantially rehabilitated after the date 
                      of enactment of this subsection--
                                    ``(I)(aa) is hardwired; or
                                    ``(bb) uses 10-year non 
                                rechargeable, nonreplaceable primary 
                                batteries and--
                                            ``(AA) is sealed;
                                            ``(BB) is tamper resistant; 
                                        and
                                            ``(CC) contains silencing 
                                        means; and
                                    ``(II) provides notification for 
                                persons with hearing loss as required by 
                                the National Fire Protection Association 
                                Standard 72, or any successor standard; 
                                or
                          ``(ii) in the case of a dwelling unit built or 
                      substantially rehabilitated after the date of 
                      enactment of this paragraph, is hardwired.''; and
                    (B) in subsection (o), by adding at the end the 
                following:
            ``(22) Qualifying smoke alarms.--
                    ``(A) In general.--Each dwelling unit receiving 
                tenant-based assistance or project-based assistance 
                under this subsection shall have a qualifying smoke 
                alarm installed in accordance with applicable codes and 
                standards published by the International Code Council or 
                the National Fire Protection Association and the 
                requirements of the National Fire Protection Association 
                Standard 72, or any successor standard, in each level 
                and in or near each sleeping area in such dwelling unit, 
                including in basements but excepting crawl spaces and 
                unfinished attics, and in each common area in a project 
                containing such a dwelling unit.

[[Page 136 STAT. 5544]]

                    ``(B) <<NOTE: Applicability.>>  Definitions.--For 
                purposes of this paragraph, the following definitions 
                shall apply:
                          ``(i) Smoke alarm defined.--The term `smoke 
                      alarm' has the meaning given the term `smoke 
                      detector' in section 29(d) of the Federal Fire 
                      Prevention and Control Act of 1974 (15 U.S.C. 
                      2225(d)).
                          ``(ii) Qualifying smoke alarm defined.--The 
                      term `qualifying smoke alarm' means a smoke alarm 
                      that--
                                    ``(I) in the case of a dwelling unit 
                                built before the date of enactment of 
                                this paragraph and not substantially 
                                rehabilitated after the date of 
                                enactment of this paragraph--
                                            ``(aa)(AA) is hardwired; or
                                            ``(BB) uses 10-year non 
                                        rechargeable, nonreplaceable 
                                        primary batteries and is sealed, 
                                        is tamper resistant, and 
                                        contains silencing means; and
                                            ``(bb) provides notification 
                                        for persons with hearing loss as 
                                        required by the National Fire 
                                        Protection Association Standard 
                                        72, or any successor standard; 
                                        or
                                    ``(II) in the case of a dwelling 
                                unit built or substantially 
                                rehabilitated after the date of 
                                enactment of this paragraph, is 
                                hardwired.''.

    (b) Supportive Housing for the Elderly.--Section 202(j) of the 
Housing Act of 1959 (12 U.S.C. 1701q(j)) is amended by adding at the end 
the following:
            ``(10) Qualifying smoke alarms.--
                    ``(A) In general.--Each owner of a dwelling unit 
                assisted under this section shall ensure that qualifying 
                smoke alarms are installed in accordance with the 
                requirements of applicable codes and standards and the 
                National Fire Protection Association Standard 72, or any 
                successor standard, in each level and in or near each 
                sleeping area in such dwelling unit, including in 
                basements but excepting crawl spaces and unfinished 
                attics, and in each common area in a project containing 
                such a dwelling unit.
                    ``(B) <<NOTE: Applicability.>>  Definitions.--For 
                purposes of this paragraph, the following definitions 
                shall apply:
                          ``(i) Smoke alarm defined.--The term `smoke 
                      alarm' has the meaning given the term `smoke 
                      detector' in section 29(d) of the Federal Fire 
                      Prevention and Control Act of 1974 (15 U.S.C. 
                      2225(d)).
                          ``(ii) Qualifying smoke alarm defined.--The 
                      term `qualifying smoke alarm' means a smoke alarm 
                      that--
                                    ``(I) in the case of a dwelling unit 
                                built before the date of enactment of 
                                this paragraph and not substantially 
                                rehabilitated after the date of 
                                enactment of this paragraph--
                                            ``(aa)(AA) is hardwired; or
                                            ``(BB) uses 10-year non 
                                        rechargeable, nonreplaceable 
                                        primary batteries and is sealed, 
                                        is tamper resistant, and 
                                        contains silencing means; and

[[Page 136 STAT. 5545]]

                                            ``(bb) provides notification 
                                        for persons with hearing loss as 
                                        required by the National Fire 
                                        Protection Association Standard 
                                        72, or any successor standard; 
                                        or
                                    ``(II) in the case of a dwelling 
                                unit built or substantially 
                                rehabilitated after the date of 
                                enactment of this paragraph, is 
                                hardwired.''.

    (c) Supportive Housing for Persons With Disabilities.--Section 
811(j) of the Cranston-Gonzalez National Affordable Housing Act (42 
U.S.C. 8013(j)) is amended by adding at the end the following:
            ``(8) Qualifying smoke alarms.--
                    ``(A) In general.--Each dwelling unit assisted under 
                this section shall contain qualifying smoke alarms that 
                are installed in accordance with applicable codes and 
                standards published by the International Code Council or 
                the National Fire Protection Association and the 
                requirements of the National Fire Protection Association 
                Standard 72, or any successor standard, in each level 
                and in or near each sleeping area in such dwelling unit, 
                including in basements but excepting crawl spaces and 
                unfinished attics, and in each common area in a project 
                containing such a dwelling unit.
                    ``(B) <<NOTE: Applicability.>>  Definitions.--For 
                purposes of this paragraph, the following definitions 
                shall apply:
                          ``(i) Smoke alarm defined.--The term `smoke 
                      alarm' has the meaning given the term `smoke 
                      detector' in section 29(d) of the Federal Fire 
                      Prevention and Control Act of 1974 (15 U.S.C. 
                      2225(d)).
                          ``(ii) Qualifying smoke alarm defined.--The 
                      term `qualifying smoke alarm' means a smoke alarm 
                      that--
                                    ``(I) in the case of a dwelling unit 
                                built before the date of enactment of 
                                this paragraph and not substantially 
                                rehabilitated after the date of 
                                enactment of this paragraph--
                                            ``(aa)(AA) is hardwired; or
                                            ``(BB) uses 10-year non 
                                        rechargeable, nonreplaceable 
                                        primary batteries and is sealed, 
                                        is tamper resistant, and 
                                        contains silencing means; and
                                            ``(bb) provides notification 
                                        for persons with hearing loss as 
                                        required by the National Fire 
                                        Protection Association Standard 
                                        72, or any successor standard; 
                                        or
                                    ``(II) in the case of a dwelling 
                                unit built or substantially 
                                rehabilitated after the date of 
                                enactment of this paragraph, is 
                                hardwired.''.

    (d) Housing Opportunities for Persons With AIDS.--Section 856 of the 
Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12905) is 
amended by adding at the end the following new subsection:
    ``(j) Qualifying Smoke Alarms.--
            ``(1) In general.--Each dwelling unit assisted under this 
        subtitle shall contain qualifying smoke alarms that are 
        installed in accordance with applicable codes and standards 
        published

[[Page 136 STAT. 5546]]

        by the International Code Council or the National Fire 
        Protection Association and the requirements of the National Fire 
        Protection Association Standard 72, or any successor standard, 
        in each level and in or near each sleeping area in such dwelling 
        unit, including in basements but excepting crawl spaces and 
        unfinished attics, and in each common area in a project 
        containing such a dwelling unit.
            ``(2) <<NOTE: Applicability.>>  Definitions.--For purposes 
        of this subsection, the following definitions shall apply:
                    ``(A) Smoke alarm defined.--The term `smoke alarm' 
                has the meaning given the term `smoke detector' in 
                section 29(d) of the Federal Fire Prevention and Control 
                Act of 1974 (15 U.S.C. 2225(d)).
                    ``(B) Qualifying smoke alarm defined.--The term 
                `qualifying smoke alarm' means a smoke alarm that--
                          ``(i) in the case of a dwelling unit built 
                      before the date of enactment of this subsection 
                      and not substantially rehabilitated after the date 
                      of enactment of this subsection--
                                    ``(I)(aa) is hardwired; or
                                    ``(bb) uses 10-year non 
                                rechargeable, nonreplaceable primary 
                                batteries and--
                                            ``(AA) is sealed;
                                            ``(BB) is tamper resistant; 
                                        and
                                            ``(CC) contains silencing 
                                        means; and
                                    ``(II) provides notification for 
                                persons with hearing loss as required by 
                                the National Fire Protection Association 
                                Standard 72, or any successor standard; 
                                or
                          ``(ii) in the case of a dwelling unit built or 
                      substantially rehabilitated after the date of 
                      enactment of this subsection, is hardwired.''.

    (e) Rural Housing.--Title V of the Housing Act of 1949 (42 U.S.C. 
1471 et seq.) is amended--
            (1) in section 514 (42 U.S.C. 1484), by adding at the end 
        the following:

    ``(k) Qualifying Smoke Alarms.--
            ``(1) In general.--Housing and related facilities 
        constructed with loans under this section shall contain 
        qualifying smoke alarms that are installed in accordance with 
        applicable codes and standards published by the International 
        Code Council or the National Fire Protection Association and the 
        requirements of the National Fire Protection Association 
        Standard 72, or any successor standard, in each level and in or 
        near each sleeping area in such dwelling unit, including in 
        basements but excepting crawl spaces and unfinished attics, and 
        in each common area in a project containing such a dwelling 
        unit.
            ``(2) <<NOTE: Applicability.>>  Definitions.--For purposes 
        of this subsection, the following definitions shall apply:
                    ``(A) Smoke alarm defined.--The term `smoke alarm' 
                has the meaning given the term `smoke detector' in 
                section 29(d) of the Federal Fire Prevention and Control 
                Act of 1974 (15 U.S.C. 2225(d)).
                    ``(B) Qualifying smoke alarm defined.--The term 
                `qualifying smoke alarm' means a smoke alarm that--

[[Page 136 STAT. 5547]]

                          ``(i) in the case of a dwelling unit built 
                      before the date of enactment of this subsection 
                      and not substantially rehabilitated after the date 
                      of enactment of this subsection--
                                    ``(I)(aa) is hardwired; or
                                    ``(bb) uses 10-year non 
                                rechargeable, nonreplaceable primary 
                                batteries and--
                                            ``(AA) is sealed;
                                            ``(BB) is tamper resistant; 
                                        and
                                            ``(CC) contains silencing 
                                        means; and
                                    ``(II) provides notification for 
                                persons with hearing loss as required by 
                                the National Fire Protection Association 
                                Standard 72, or any successor standard; 
                                or
                          ``(ii) in the case of a dwelling unit built or 
                      substantially rehabilitated after the date of 
                      enactment of this subsection, is hardwired.''; and
            (2) in section 515(m) (42 U.S.C. 1485(m)), by adding at the 
        end the following:

    ``(3) Qualifying Smoke Alarms.--
            ``(A) In general.--Housing and related facilities 
        rehabilitated or repaired with amounts received under a loan 
        made or insured under this section shall contain qualifying 
        smoke alarms that are installed in accordance with applicable 
        codes and standards published by the International Code Council 
        or the National Fire Protection Association and the requirements 
        of the National Fire Protection Association Standard 72, or any 
        successor standard, in each level and in or near each sleeping 
        area in such dwelling unit, including in basements but excepting 
        crawl spaces and unfinished attics, and in each common area in a 
        project containing such a dwelling unit.
            ``(B) <<NOTE: Applicability.>>  Definitions.--For purposes 
        of this paragraph, the following definitions shall apply:
                    ``(i) Smoke alarm defined.--The term `smoke alarm' 
                has the meaning given the term `smoke detector' in 
                section 29(d) of the Federal Fire Prevention and Control 
                Act of 1974 (15 U.S.C. 2225(d)).
                    ``(ii) Qualifying smoke alarm defined.--The term 
                `qualifying smoke alarm' means a smoke alarm that--
                          ``(I) in the case of a dwelling unit built 
                      before the date of enactment of this paragraph and 
                      not substantially rehabilitated after the date of 
                      enactment of this paragraph--
                                    ``(aa)(AA) is hardwired; or
                                    ``(BB) uses 10-year non 
                                rechargeable, nonreplaceable primary 
                                batteries and is sealed, is tamper 
                                resistant, and contains silencing means; 
                                and
                                    ``(bb) provides notification for 
                                persons with hearing loss as required by 
                                the National Fire Protection Association 
                                Standard 72, or any successor standard; 
                                or
                          ``(II) in the case of a dwelling unit built or 
                      substantially rehabilitated after the date of 
                      enactment of this paragraph, is hardwired.''.

[[Page 136 STAT. 5548]]

    (f) Farm Labor Housing Direct Loans & Grants.--Section 516 of the 
Housing Act of 1949 (42 U.S.C. 1486) is amended--
            (1) in subsection (c)--
                    (A) in paragraph (2), by striking ``and'' at the 
                end;
                    (B) in paragraph (3), by striking the period at the 
                end and inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(4) that such housing shall contain qualifying smoke 
        alarms that are installed in accordance with applicable codes 
        and standards published by the International Code Council or the 
        National Fire Protection Association and the requirements of the 
        National Fire Protection Association Standard 72, or any 
        successor standard, in each level and in or near each sleeping 
        area in such dwelling unit, including in basements but excepting 
        crawl spaces and unfinished attics, and in each common area in a 
        project containing such a dwelling unit.''; and
            (2) in subsection (g)--
                    (A) in paragraph (3) by striking ``and'' at the end;
                    (B) in paragraph (4), by striking the period at the 
                end and inserting a semicolon; and
                    (C) by adding at the end the following:
            ``(5) <<NOTE: Definition.>>  the term `smoke alarm' has the 
        meaning given the term `smoke detector' in section 29(d) of the 
        Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 
        2225(d)); and
            ``(6) <<NOTE: Definition.>>  the term `qualifying smoke 
        alarm' means a smoke alarm that--
                    ``(A) in the case of a dwelling unit built before 
                the date of enactment of this paragraph and not 
                substantially rehabilitated after the date of enactment 
                of this paragraph--
                          ``(i)(I) is hardwired; or
                          ``(II) uses 10-year non rechargeable, 
                      nonreplaceable primary batteries and--
                                    ``(aa) is sealed;
                                    ``(bb) is tamper resistant; and
                                    ``(cc) contains silencing means; and
                          ``(ii) provides notification for persons with 
                      hearing loss as required by the National Fire 
                      Protection Association Standard 72, or any 
                      successor standard; or
                    ``(B) in the case of a dwelling unit built or 
                substantially rehabilitated after the date of enactment 
                of this paragraph, is hardwired.''.

    (g) <<NOTE: Time period.>>  Authorization of Appropriations.--There 
is authorized to be appropriated to carry out the amendments made by 
this section such sums as are necessary for each of fiscal years 2023 
through 2027.

    (h) <<NOTE: 12 USC 1701q note.>>  Effective Date.--The amendments 
made by subsections (a) through (f) shall take effect on the date that 
is 2 years after the date of enactment of this Act.

    (i) <<NOTE: 12 USC 1701q note.>>  No Preemption.--Nothing in the 
amendments made by this section shall be construed to preempt or limit 
the applicability of any State or local law relating to the installation 
and maintenance of smoke alarms in housing that requires standards that 
are more stringent than the standards described in the amendments made 
by this section.

[[Page 136 STAT. 5549]]

  TITLE VII-- <<NOTE: Benjamin Berell Ferencz Congressional Gold Medal 
Act.>> BENJAMIN BERELL FERENCZ CONGRESSIONAL GOLD MEDAL
SEC. 701. <<NOTE: 31 USC 5111 note.>>  SHORT TITLE.

    This title may be cited as the ``Benjamin Berell Ferencz 
Congressional Gold Medal Act''.
SEC. 702. FINDINGS.

     Congress finds the following:
            (1) Benjamin ``Ben'' Berell Ferencz was born on March 11, 
        1920, in Transylvania, now modern-day Hungary.
            (2) In 1920, Ben and his family fled anti-Semitic 
        persecution and emigrated to the United States. Ben grew up in 
        New York City, and, in 1940, was awarded a scholarship to 
        Harvard Law School where he graduated with honors.
            (3) After the onset of World War II, Ben enlisted in the 
        United States Army in 1943, and joined an anti-aircraft 
        artillery battalion preparing for the invasion of France. As an 
        enlisted man under General Patton, he fought in most of the 
        major campaigns in Europe.
            (4) As Nazi atrocities were uncovered, Ben was transferred 
        to a newly created War Crimes Branch of the Army to gather 
        evidence of war crimes that could be used in a court of law to 
        prosecute persons responsible for these crimes. Ben documented 
        the horrors perpetrated by Nazi Germany, visiting concentration 
        camps as they were liberated.
            (5) At the end of 1945, Ben was honorably discharged from 
        the United States Army with the rank of Sergeant of Infantry. He 
        had been awarded five battle stars.
            (6) In 1946, the United States Government recruited Ben to 
        join the team working on the Nuremberg tribunals, a novel 
        independent court established to try top-ranking Nazi officials 
        for crimes perpetrated during the course of the war, including 
        those crimes we now call the Holocaust. Mr. Ferencz was sent to 
        Berlin to oversee a team of 50 researchers investigating 
        official Nazi records, which provided overwhelming evidence to 
        implicate German doctors, lawyers, judges, generals, 
        industrialists, and others in genocide.
            (7) By 1948, at age 27, Ben had secured enough evidence to 
        prosecute 22 SS members of Nazi killing squads charged for the 
        murder of over 1,000,0000 Jewish, Roma, Soviet, and other men, 
        women, and children in shooting massacres in occupied Soviet 
        territory. He was appointed chief prosecutor in the 
        Einsatzgruppen Trial, in what the Associated Press called ``the 
        biggest murder trial in history''. The court found 20 Nazi 
        officials guilty of war crimes, crimes against humanity, and 
        membership in a criminal organization for their roles in the 
        murder of over a million people. An additional two defendants 
        were found guilty for membership in a criminal organization.
            (8) After the Nuremberg trials ended, Ben fought for 
        compensation for victims and survivors of the Holocaust, the 
        return of stolen assets, and other forms of restitution for 
        those who had suffered at the hands of the Nazis.

[[Page 136 STAT. 5550]]

            (9) Since the 1970s, Ben has worked tirelessly to promote 
        development of international mechanisms to outlaw and punish 
        aggressive war and the crimes of genocide, crimes against 
        humanity and war crimes. His efforts contributed to the 
        establishment of the International Criminal Court and to the 
        recognition of aggression as an international crime.
            (10) Ben is a tireless advocate for international criminal 
        justice and the conviction that the rule of law offers the world 
        a sustainable path to stem conflict and reach peaceful 
        conclusions to geopolitical disputes. His unwavering goal has 
        been ``to establish a legal precedent that would encourage a 
        more humane and secure world in the future''.
            (11) Ben, at age 102, is still active, giving speeches 
        throughout the world about lessons learned during his 
        extraordinary career. He is compelled by the imperative to 
        ``replace the rule of force with the rule of law'', promoting 
        judicial mechanisms that can resolve conflict. He often tells 
        young people to ``never give up'' because the fight for peace 
        and justice is worth the long struggle ahead.
SEC. 703. CONGRESSIONAL GOLD MEDAL.

    (a) Presentation Authorized.--The Speaker of the House of 
Representatives and the President pro tempore of the Senate shall make 
appropriate arrangements for the presentation, on behalf of the 
Congress, of a gold medal of appropriate design to Benjamin Berell 
Ferencz, in recognition of his service to the United States and 
international community during the post-World War II Nuremberg trials 
and lifelong advocacy for international criminal justice and rule of 
law.
    (b) Design and Striking.--For purposes of the presentation referred 
to in subsection (a), the Secretary of the Treasury (referred to in this 
title as the ``Secretary'') shall strike a gold medal with suitable 
emblems, devices, and inscriptions, to be determined by the Secretary. 
The design shall bear an image of, and inscription of the name of, 
Benjamin Berell Ferencz.
    (c) Disposition of Medal.--Following the award of the gold medal 
under subsection (a), the gold medal shall be given to Benjamin Berell 
Ferencz or, if unavailable, to his son, Donald Ferencz.
SEC. 704. DUPLICATE MEDALS.

    (a) In General.--The Secretary may strike and sell duplicates in 
bronze of the gold medal struck pursuant to section 703, at a price 
sufficient to cover the cost thereof, including labor, materials, dies, 
use of machinery, and overhead expenses.
    (b) United States Holocaust Memorial Museum.--
            (1) In general.--The Secretary shall provide a duplicate 
        bronze medal described under subsection (a) to the United States 
        Holocaust Memorial Museum.
            (2) Sense of congress.--It is the sense of Congress that the 
        United States Holocaust Memorial Museum should make the 
        duplicate medal received under this subsection available for 
        display to the public whenever the United States Holocaust 
        Memorial Museum determines that such display is timely, 
        feasible, and practical.

[[Page 136 STAT. 5551]]

SEC. 705. STATUS OF MEDALS.

    (a) National Medals.--The medals struck pursuant to this title are 
national medals for purposes of chapter 51 of title 31, United States 
Code.
    (b) Numismatic Items.--For purposes of section 5134 of title 31, 
United States Code, all medals struck under this title shall be 
considered to be numismatic items.
SEC. 706. AUTHORITY TO USE FUND AMOUNTS; PROCEEDS OF SALE.

    (a) Authority to Use Fund Amounts.--There is authorized to be 
charged against the United States Mint Public Enterprise Fund such 
amounts as may be necessary to pay for the costs of the medals struck 
under this title.
    (b) Proceeds of Sale.--Amounts received from the sale of duplicate 
bronze medals authorized under section 704 shall be deposited into the 
United States Mint Public Enterprise Fund.

             TITLE VIII--CONGRESSIONAL OVERSIGHT COMMISSION

SEC. 801. TERMINATION OF CONGRESSIONAL OVERSIGHT COMMISSION.

    Section 4020(f) of the CARES Act (15 U.S.C. 9055(f)) is amended by 
striking ``September 30, 2025'' and inserting ``June 30, 2023''.

                        TITLE IX--FLOOD INSURANCE

SEC. 901. REAUTHORIZATION OF NATIONAL FLOOD INSURANCE PROGRAM.

    (a) Financing.--Section 1309(a) of the National Flood Insurance Act 
of 1968 (42 U.S.C. 4016(a)) is amended by striking ``September 30, 
2022'' and inserting ``September 30, 2023''.
    (b) Program Expiration.--Section 1319 of the National Flood 
Insurance Act of 1968 (42 U.S.C. 4026) is amended by striking 
``September 30, 2022'' and inserting ``September 30, 2023''.
    (c) <<NOTE: 42 USC 4016 note.>>  Retroactive Effective Date.--The 
amendments made by subsections (a) and (b) shall take effect as if 
enacted on September 30, 2022.

              DIVISION BB--CONSUMER PROTECTION AND COMMERCE

                       TITLE I--MANUFACTURING.GOV

SEC. 101. <<NOTE: 15 USC 1512 note.>>  MANUFACTURING.GOV HUB.

    (a) Definition.--In this section, the term ``Secretary'' means the 
Secretary of Commerce.
    (b) <<NOTE: Deadline. Website.>>  Establishment.--Not later than 1 
year after the date of enactment of this Act, the Secretary, in 
coordination with the Chief Information Officer of the Department of 
Commerce, shall modify the manufacturing.gov website by establishing a 
section of the website to be known as the ``manufacturing.gov hub''.

[[Page 136 STAT. 5552]]

    (c) Functions.--The manufacturing.gov hub established under 
subsection (b) shall--
            (1) serve as the primary hub for information relating to 
        every Federal manufacturing program, including the programs 
        identified in the report of the Government Accountability Office 
        entitled ``U.S. Manufacturing'' (GAO 17-240), published on March 
        28, 2017;
            (2) provide the contact information of relevant program 
        offices carrying out the Federal manufacturing programs 
        described in paragraph (1);
            (3) provide an avenue for public input and feedback relating 
        to--
                    (A) the functionality of the website of the 
                Department of Commerce;
                    (B) the Federal manufacturing programs described in 
                paragraph (1); and
                    (C) any other manufacturing-related challenges 
                experienced by manufacturers in the United States;
            (4) establish web pages within the hub that shall focus on--
                    (A) technology and research and development;
                    (B) trade;
                    (C) workforce development and training;
                    (D) industrial commons and supply chains; and
                    (E) small and medium manufacturers; and
            (5) use machine learning to--
                    (A) identify frequently asked questions; and
                    (B) disseminate to the public answers to the 
                questions identified under subparagraph (A).

    (d) No Additional Funds.--No additional funds are authorized to be 
appropriated for the purpose of carrying out this section.

                            TITLE II--STURDY

SEC. 201. <<NOTE: 15 USC 2056f.>>  CONSUMER PRODUCT SAFETY 
                        STANDARD TO PROTECT AGAINST TIP-OVER OF 
                        CLOTHING STORAGE UNITS.

    (a) Clothing Storage Unit Defined.--In this section, the term 
``clothing storage unit'' means any free-standing furniture item 
manufactured in the United States or imported for use in the United 
States that is intended for the storage of clothing, typical of bedroom 
furniture.
    (b) CPSC Determination of Scope.--The Consumer Product Safety 
Commission shall specify the types of furniture items within the scope 
of subsection (a) as part of a standard promulgated under this section 
based on tip-over data as reasonably necessary to protect children up to 
72 months of age from injury or death.
    (c) Consumer Product Safety Standard Required.--
            (1) <<NOTE: Deadline.>>  In general.--Except as provided in 
        subsection (f )(1), not later than 1 year after the date of the 
        enactment of this Act, the Consumer Product Safety Commission 
        shall--
                    (A) <<NOTE: Examination. Assessment.>>  in 
                consultation with representatives of consumer groups, 
                clothing storage unit manufacturers, craft or handmade 
                furniture manufacturers, and independent child product 
                engineers and experts, examine and assess the 
                effectiveness of any voluntary consumer product safety 
                standards for clothing storage units; and

[[Page 136 STAT. 5553]]

                    (B) <<NOTE: Regulations. Effective date.>>  in 
                accordance with section 553 of title 5, United States 
                Code, and paragraph (2), promulgate a final consumer 
                product safety standard for clothing storage units to 
                protect children from tip-over-related death or injury, 
                that shall take effect 180 days after the date of 
                promulgation or such a later date as the Commission 
                determines appropriate.
            (2) Requirements.--The standard promulgated under paragraph 
        (1) shall protect children from tip-over-related death or injury 
        with--
                    (A) tests that simulate the weight of children up to 
                60 pounds;
                    (B) objective, repeatable, reproducible, and 
                measurable tests or series of tests that simulate real-
                world use and account for impacts on clothing storage 
                unit stability that may result from placement on 
                carpeted surfaces, drawers with items in them, multiple 
                open drawers, and dynamic force;
                    (C) testing of all clothing storage units, including 
                those 27 inches and above in height; and
                    (D) warning requirements based on ASTM F2057-19, or 
                its successor at the time of enactment, provided that 
                the Consumer Product Safety Commission may strengthen 
                the warning requirements of ASTM F2057-19, or its 
                successor, if reasonably necessary to protect children 
                from tip-over-related death or injury.
            (3) Testing clarification.--Tests referred to in paragraph 
        (2)(B) shall allow for the utilization of safety features 
        (excluding tip restraints) to work as intended if the features 
        cannot be overridden by consumers in normal use.
            (4) Treatment of standard.--A consumer product safety 
        standard promulgated under paragraph (1) shall be treated as a 
        consumer product safety rule promulgated under section 9 of the 
        Consumer Product Safety Act (15 U.S.C. 2058).

    (d) Adoption of Voluntary Standard.--
            (1) <<NOTE: Deadline. Regulation.>>  In general.--If a 
        voluntary standard exists that meets the requirements of 
        paragraph (2), the Commission shall, not later than 90 days 
        after the date on which such determination is made and in 
        accordance with section 553 of title 5, United States Code, 
        promulgate a final consumer product safety standard that adopts 
        the applicable performance requirements of such voluntary 
        standard related to protecting children from tip-over-related 
        death or injury. A consumer product safety standard promulgated 
        under this subsection shall be treated as a consumer product 
        safety rule promulgated under section 9 of the Consumer Product 
        Safety Act (15 U.S.C. 2058). <<NOTE: Effective date.>>  Such 
        standard shall take effect 120 days after the date of the 
        promulgation of the rule, or such a later date as the Commission 
        determines appropriate. Such standard will supersede any other 
        existing standard for clothing storage units to protect children 
        from tip-over-related death or injury.
            (2) Requirements.--The requirements of this paragraph with 
        respect to a voluntary standard for clothing storage units are 
        that such standard--
                    (A) protects children up to 72 months of age from 
                tip-over-related death or injury;

[[Page 136 STAT. 5554]]

                    (B) meets the requirements described in subsection 
                (c)(2);
                    (C) <<NOTE: Publication. Deadline.>>  is, or will 
                be, published not later than 60 days after the date of 
                enactment of this Act; and
                    (D) <<NOTE: Determination.>>  is developed by ASTM 
                International or such other standard development 
                organization that the Commission determines is in 
                compliance with the intent of this section.
            (3) Notice required to be published in the federal 
        register.--The Commission shall publish a notice in the Federal 
        Register upon beginning the promulgation of a rule under this 
        subsection.

    (e) Revision of Voluntary Standard.--
            (1) Notice to commission.--If the performance requirements 
        of a voluntary standard adopted under subsection (d) are 
        subsequently revised, the organization that revised the 
        performance requirements of such standard shall notify the 
        Commission of such revision after final approval.
            (2) <<NOTE: Deadline. Determination.>>  Treatment of 
        revision.--Not later than 90 days after the date on which the 
        Commission is notified of revised performance requirements of a 
        voluntary standard described in paragraph (1) (or such later 
        date as the Commission determines appropriate), the Commission 
        shall determine whether the revised performance requirements 
        meet the requirements of subsection (d)(2)(B), and if so, 
        modify, in accordance with section 553 of title 5, United States 
        Code, the standard promulgated under subsection (d) to include 
        the revised performance requirements that the Commission 
        determines meet such requirements. <<NOTE: Effective date.>>  
        The modified standard shall take effect after 180 days or such 
        later date as the Commission deems appropriate.

    (f) Subsequent Rulemaking.--
            (1) <<NOTE: Effective date. Determination.>>  In general.--
        Beginning 5 years after the date of enactment of this Act, 
        subsequent to the publication of a consumer product safety 
        standard under this section, the Commission may, at any time, 
        initiate rulemaking, in accordance with section 553 of title 5, 
        United States Code, to modify the requirements of such standard 
        or to include additional provisions if the Commission makes a 
        determination that such modifications or additions are 
        reasonably necessary to protect children from tip-over-related 
        death or injury.
            (2) Petition for revision of rule.--
                    (A) <<NOTE: Determination. Deadline.>>  In 
                general.--If the Commission receives a petition for a 
                new or revised test that permits incorporated safety 
                features (excluding tip restraints) to work as intended, 
                if the features cannot be overridden by consumers in 
                normal use and provide an equivalent or greater level of 
                safety as the tests developed under subsection (c)(2) or 
                the performance requirements described in subsection 
                (d)(2)(B), as applicable, the Commission shall determine 
                within 120 days--
                          (i) whether the petition meets the 
                      requirements for petitions set forth in section 
                      1051.5 of title 16, Code of Federal Regulations, 
                      or any successor regulation implementing section 
                      9(i) of the Consumer Product Safety Act (15 U.S.C. 
                      2058(i)); and

[[Page 136 STAT. 5555]]

                          (ii) <<NOTE: Determination. Deadline.>>  
                      whether the petition demonstrates that the test 
                      could reasonably meet the requirements of 
                      subsection (c)(2)(B), and if so, the Commission 
                      shall determine by recorded vote, within 60 days 
                      after the determination, whether to initiate 
                      rulemaking, in accordance with section 553 of 
                      title 5, United States Code, to revise a consumer 
                      product safety standard promulgated under this 
                      section to include the new or revised test.
                    (B) Demonstration of compliance.--Compliance with 
                the testing requirements of a standard revised under 
                subparagraph (A) may be demonstrated either through the 
                performance of a new or revised test under subparagraph 
                (A) or the performance of the tests otherwise required 
                under a standard promulgated under this section.
            (3) Treatment of rules.--Any rule promulgated under this 
        subsection, including any modification or revision made under 
        this subsection, shall be treated as a consumer product safety 
        rule promulgated under section 9 of the Consumer Product Safety 
        Act (15 U.S.C. 2058).

                       TITLE III--INFORM CONSUMERS

SEC. 301. <<NOTE: 15 USC 45f.>>  COLLECTION, VERIFICATION, AND 
                        DISCLOSURE OF INFORMATION BY ONLINE 
                        MARKETPLACES TO INFORM CONSUMERS.

    (a) Collection and Verification of Information.--
            (1) <<NOTE: Deadlines.>>  Collection.--
                    (A) In general.--An online marketplace shall require 
                any high-volume third party seller on such online 
                marketplace's platform to provide, not later than 10 
                days after qualifying as a high-volume third party 
                seller on the platform, the following information to the 
                online marketplace:
                          (i) Bank account.--
                                    (I) In general.--A bank account 
                                number, or, if such seller does not have 
                                a bank account, the name of the payee 
                                for payments issued by the online 
                                marketplace to such seller.
                                    (II) Provision of information.--The 
                                bank account or payee information 
                                required under subclause (I) may be 
                                provided by the seller in the following 
                                ways:
                                            (aa) To the online 
                                        marketplace.
                                            (bb) To a payment processor 
                                        or other third party contracted 
                                        by the online marketplace to 
                                        maintain such information, 
                                        provided that the online 
                                        marketplace ensures that it can 
                                        obtain such information within 3 
                                        business days from such payment 
                                        processor or other third party.
                          (ii) Contact information.--Contact information 
                      for such seller as follows:
                                    (I) With respect to a high-volume 
                                third party seller that is an 
                                individual, the individual's name.

[[Page 136 STAT. 5556]]

                                    (II) <<NOTE: Records.>>  With 
                                respect to a high-volume third party 
                                seller that is not an individual, one of 
                                the following forms of contact 
                                information:
                                            (aa) A copy of a valid 
                                        government-issued identification 
                                        for an individual acting on 
                                        behalf of such seller that 
                                        includes the individual's name.
                                            (bb) A copy of a valid 
                                        government-issued record or tax 
                                        document that includes the 
                                        business name and physical 
                                        address of such seller.
                          (iii) Tax id.--A business tax identification 
                      number, or, if such seller does not have a 
                      business tax identification number, a taxpayer 
                      identification number.
                          (iv) Working email and phone number.--A 
                      current working email address and phone number for 
                      such seller.
                    (B) Notification of change; annual certification.--
                An online marketplace shall--
                          (i) periodically, but not less than annually, 
                      notify any high-volume third party seller on such 
                      online marketplace's platform of the requirement 
                      to keep any information collected under 
                      subparagraph (A) current; and
                          (ii) require any high-volume third party 
                      seller on such online marketplace's platform to, 
                      not later than 10 days after receiving the notice 
                      under clause (i), electronically certify that--
                                    (I) the seller has provided any 
                                changes to such information to the 
                                online marketplace, if any such changes 
                                have occurred; or
                                    (II) there have been no changes to 
                                such seller's information.
                    (C) Suspension.--In the event that a high-volume 
                third party seller does not provide the information or 
                certification required under this paragraph, the online 
                marketplace shall, after providing the seller with 
                written or electronic notice and an opportunity to 
                provide such information or certification not later than 
                10 days after the issuance of such notice, suspend any 
                future sales activity of such seller until such seller 
                provides such information or certification.
            (2) Verification.--
                    (A) <<NOTE: Deadlines.>>  In general.--An online 
                marketplace shall--
                          (i) verify the information collected under 
                      paragraph (1)(A) not later than 10 days after such 
                      collection; and
                          (ii) verify any change to such information not 
                      later than 10 days after being notified of such 
                      change by a high-volume third party seller under 
                      paragraph (1)(B).
                    (B) Presumption of verification.--In the case of a 
                high-volume third party seller that provides a copy of a 
                valid government-issued tax document, any information 
                contained in such document shall be presumed to be 
                verified as of the date of issuance of such document.

[[Page 136 STAT. 5557]]

            (3) Data use limitation.--Data collected solely to comply 
        with the requirements of this section may not be used for any 
        other purpose unless required by law.
            (4) <<NOTE: Procedures. Compliance.>>  Data security 
        requirement.--An online marketplace shall implement and maintain 
        reasonable security procedures and practices, including 
        administrative, physical, and technical safeguards, appropriate 
        to the nature of the data and the purposes for which the data 
        will be used, to protect the data collected to comply with the 
        requirements of this section from unauthorized use, disclosure, 
        access, destruction, or modification.

    (b) Disclosure Required.--
            (1) Requirement.--
                    (A) In general.--An online marketplace shall--
                          (i) require any high-volume third party seller 
                      with an aggregate total of $20,000 or more in 
                      annual gross revenues on such online marketplace, 
                      and that uses such online marketplace's platform, 
                      to provide the information described in 
                      subparagraph (B) to the online marketplace; and
                          (ii) disclose the information described in 
                      subparagraph (B) to consumers in a clear and 
                      conspicuous manner--
                                    (I) on the product listing page 
                                (including via hyperlink); or
                                    (II) in the order confirmation 
                                message or other document or 
                                communication made to the consumer after 
                                the purchase is finalized and in the 
                                consumer's account transaction history.
                    (B) Information described.--The information 
                described in this subparagraph is the following:
                          (i) Subject to paragraph (2), the identity of 
                      the high-volume third party seller, including--
                                    (I) the full name of the seller, 
                                which may include the seller name or 
                                seller's company name, or the name by 
                                which the seller or company operates on 
                                the online marketplace;
                                    (II) the physical address of the 
                                seller; and
                                    (III) contact information for the 
                                seller, to allow for the direct, 
                                unhindered communication with high-
                                volume third party sellers by users of 
                                the online marketplace, including--
                                            (aa) a current working phone 
                                        number;
                                            (bb) a current working email 
                                        address; or
                                            (cc) other means of direct 
                                        electronic messaging (which may 
                                        be provided to such seller by 
                                        the online marketplace), 
                                        provided that the requirements 
                                        of this item shall not prevent 
                                        an online marketplace from 
                                        monitoring communications 
                                        between high-volume third party 
                                        sellers and users of the online 
                                        marketplace for fraud, abuse, or 
                                        spam.
                          (ii) Whether the high-volume third party 
                      seller used a different seller to supply the 
                      consumer product to the consumer upon purchase, 
                      and, upon the request of an authenticated 
                      purchaser, the information described in clause (i) 
                      relating to any such seller that

[[Page 136 STAT. 5558]]

                      supplied the consumer product to the purchaser, if 
                      such seller is different than the high-volume 
                      third party seller listed on the product listing 
                      prior to purchase.
            (2) Exception.--
                    (A) <<NOTE: Certifications.>>  In general.--Subject 
                to subparagraph (B), upon the request of a high-volume 
                third party seller, an online marketplace may provide 
                for partial disclosure of the identity information 
                required under paragraph (1)(B)(i) in the following 
                situations:
                          (i) If such seller certifies to the online 
                      marketplace that the seller does not have a 
                      business address and only has a residential street 
                      address, or has a combined business and 
                      residential address, the online marketplace may--
                                    (I) disclose only the country and, 
                                if applicable, the State in which such 
                                seller resides; and
                                    (II) inform consumers that there is 
                                no business address available for the 
                                seller and that consumer inquiries 
                                should be submitted to the seller by 
                                phone, email, or other means of 
                                electronic messaging provided to such 
                                seller by the online marketplace.
                          (ii) If such seller certifies to the online 
                      marketplace that the seller is a business that has 
                      a physical address for product returns, the online 
                      marketplace may disclose the seller's physical 
                      address for product returns.
                          (iii) <<NOTE: Certification.>>  If such seller 
                      certifies to the online marketplace that the 
                      seller does not have a phone number other than a 
                      personal phone number, the online marketplace 
                      shall inform consumers that there is no phone 
                      number available for the seller and that consumer 
                      inquiries should be submitted to the seller's 
                      email address or other means of electronic 
                      messaging provided to such seller by the online 
                      marketplace.
                    (B) <<NOTE: Deadline.>>  Limitation on exception.--
                If an online marketplace becomes aware that a high-
                volume third party seller has made a false 
                representation to the online marketplace in order to 
                justify the provision of a partial disclosure under 
                subparagraph (A) or that a high-volume third party 
                seller who has requested and received a provision for a 
                partial disclosure under subparagraph (A) has not 
                provided responsive answers within a reasonable time 
                frame to consumer inquiries submitted to the seller by 
                phone, email, or other means of electronic messaging 
                provided to such seller by the online marketplace, the 
                online marketplace shall, after providing the seller 
                with written or electronic notice and an opportunity to 
                respond not later than 10 days after the issuance of 
                such notice, suspend any future sales activity of such 
                seller unless such seller consents to the disclosure of 
                the identity information required under paragraph 
                (1)(B)(i).
            (3) Reporting mechanism.--An online marketplace shall 
        disclose to consumers in a clear and conspicuous manner on the 
        product listing of any high-volume third party seller a 
        reporting mechanism that allows for electronic and telephonic

[[Page 136 STAT. 5559]]

        reporting of suspicious marketplace activity to the online 
        marketplace.
            (4) <<NOTE: Notice. Deadline. Suspension.>>  Compliance.--If 
        a high-volume third party seller does not comply with the 
        requirements to provide and disclose information under this 
        subsection, the online marketplace shall, after providing the 
        seller with written or electronic notice and an opportunity to 
        provide or disclose such information not later than 10 days 
        after the issuance of such notice, suspend any future sales 
        activity of such seller until the seller complies with such 
        requirements.

    (c) Enforcement by Federal Trade Commission.--
            (1) Unfair and deceptive acts or practices.--A violation of 
        subsection (a) or (b) by an online marketplace shall be treated 
        as a violation of a rule defining an unfair or deceptive act or 
        practice prescribed under section 18(a)(1)(B) of the Federal 
        Trade Commission Act (15 U.S.C. 57a(a)(1)(B)).
            (2) Powers of the commission.--
                    (A) In general.--The Commission shall enforce 
                subsections (a) and (b) in the same manner, by the same 
                means, and with the same jurisdiction, powers, and 
                duties as though all applicable terms and provisions of 
                the Federal Trade Commission Act (15 U.S.C. 41 et seq.) 
                were incorporated into and made a part of this section.
                    (B) Privileges and immunities.--Any person that 
                violates subsection (a) or (b) shall be subject to the 
                penalties, and entitled to the privileges and 
                immunities, provided in the Federal Trade Commission Act 
                (15 U.S.C. 41 et seq.).
            (3) Regulations.--The Commission may promulgate regulations 
        under section 553 of title 5, United States Code, with respect 
        to the collection, verification, or disclosure of information 
        under this section, provided that such regulations are limited 
        to what is necessary to collect, verify, and disclose such 
        information.
            (4) Authority preserved.--Nothing in this section shall be 
        construed to limit the authority of the Commission under any 
        other provision of law.

    (d) Enforcement by State Attorneys General.--
            (1) In general.--If the attorney general of a State has 
        reason to believe that any online marketplace has violated or is 
        violating this section or a regulation promulgated under this 
        section that affects one or more residents of that State, the 
        attorney general of the State may bring a civil action in any 
        appropriate district court of the United States, to--
                    (A) enjoin further such violation by the defendant;
                    (B) enforce compliance with this section or such 
                regulation;
                    (C) obtain civil penalties in the amount provided 
                for under subsection (c);
                    (D) obtain other remedies permitted under State law; 
                and
                    (E) obtain damages, restitution, or other 
                compensation on behalf of residents of the State.
            (2) <<NOTE: Records.>>  Notice.--The attorney general of a 
        State shall provide prior written notice of any action under 
        paragraph (1) to the Commission and provide the Commission with 
        a copy of the complaint in the action, except in any case in 
        which such

[[Page 136 STAT. 5560]]

        prior notice is not feasible, in which case the attorney general 
        shall serve such notice immediately upon instituting such 
        action.
            (3) Intervention by the commission.--Upon receiving notice 
        under paragraph (2), the Commission shall have the right--
                    (A) to intervene in the action;
                    (B) upon so intervening, to be heard on all matters 
                arising therein; and
                    (C) to file petitions for appeal.
            (4) Limitation on state action while federal action is 
        pending.--If the Commission has instituted a civil action for 
        violation of this section or a regulation promulgated under this 
        section, no State attorney general, or official or agency of a 
        State, may bring a separate action under paragraph (1) during 
        the pendency of that action against any defendant named in the 
        complaint of the Commission for any violation of this section or 
        a regulation promulgated under this section that is alleged in 
        the complaint. A State attorney general, or official or agency 
        of a State, may join a civil action for a violation of this 
        section or regulation promulgated under this section filed by 
        the Commission.
            (5) Rule of construction.--For purposes of bringing a civil 
        action under paragraph (1), nothing in this section shall be 
        construed to prevent the chief law enforcement officer, or 
        official or agency of a State, from exercising the powers 
        conferred on such chief law enforcement officer, or official or 
        agency of a State, by the laws of the State to conduct 
        investigations, administer oaths or affirmations, or compel the 
        attendance of witnesses or the production of documentary and 
        other evidence.
            (6) Actions by other state officials.--
                    (A) In general.--In addition to civil actions 
                brought by attorneys general under paragraph (1), any 
                other officer of a State who is authorized by the State 
                to do so, except for any private person on behalf of the 
                State attorney general, may bring a civil action under 
                paragraph (1), subject to the same requirements and 
                limitations that apply under this subsection to civil 
                actions brought by attorneys general.
                    (B) Savings provision.--Nothing in this subsection 
                may be construed to prohibit an authorized official of a 
                State from initiating or continuing any proceeding in a 
                court of the State for a violation of any civil or 
                criminal law of the State.

    (e) Severability.--If any provision of this section, or the 
application thereof to any person or circumstance, is held invalid, the 
remainder of this section and the application of such provision to other 
persons not similarly situated or to other circumstances shall not be 
affected by the invalidation.
    (f) Definitions.--In this section:
            (1) Commission.--The term ``Commission'' means the Federal 
        Trade Commission.
            (2) Consumer product.--The term ``consumer product'' has the 
        meaning given such term in section 101 of the Magnuson-Moss 
        Warranty--Federal Trade Commission Improvement Act

[[Page 136 STAT. 5561]]

        (15 U.S.C. 2301) and section 700.1 of title 16, Code of Federal 
        Regulations.
            (3) High-volume third party seller.--
                    (A) <<NOTE: Time periods.>>  In general.--The term 
                ``high-volume third party seller'' means a participant 
                on an online marketplace's platform who is a third party 
                seller and, in any continuous 12-month period during the 
                previous 24 months, has entered into 200 or more 
                discrete sales or transactions of new or unused consumer 
                products and an aggregate total of $5,000 or more in 
                gross revenues.
                    (B) Clarification.--For purposes of calculating the 
                number of discrete sales or transactions or the 
                aggregate gross revenues under subparagraph (A), an 
                online marketplace shall only be required to count sales 
                or transactions made through the online marketplace and 
                for which payment was processed by the online 
                marketplace, either directly or through its payment 
                processor.
            (4) Online marketplace.--The term ``online marketplace'' 
        means any person or entity that operates a consumer-directed 
        electronically based or accessed platform that--
                    (A) includes features that allow for, facilitate, or 
                enable third party sellers to engage in the sale, 
                purchase, payment, storage, shipping, or delivery of a 
                consumer product in the United States;
                    (B) is used by one or more third party sellers for 
                such purposes; and
                    (C) has a contractual or similar relationship with 
                consumers governing their use of the platform to 
                purchase consumer products.
            (5) Seller.--The term ``seller'' means a person who sells, 
        offers to sell, or contracts to sell a consumer product through 
        an online marketplace's platform.
            (6) Third party seller.--
                    (A) In general.--The term ``third party seller'' 
                means any seller, independent of an online marketplace, 
                who sells, offers to sell, or contracts to sell a 
                consumer product in the United States through such 
                online marketplace's platform.
                    (B) Exclusions.--The term ``third party seller'' 
                does not include, with respect to an online 
                marketplace--
                          (i) a seller who operates the online 
                      marketplace's platform; or
                          (ii) a business entity that has--
                                    (I) made available to the general 
                                public the entity's name, business 
                                address, and working contact 
                                information;
                                    (II) an ongoing contractual 
                                relationship with the online marketplace 
                                to provide the online marketplace with 
                                the manufacture, distribution, 
                                wholesaling, or fulfillment of shipments 
                                of consumer products; and
                                    (III) provided to the online 
                                marketplace identifying information, as 
                                described in subsection (a), that has 
                                been verified in accordance with that 
                                subsection.
            (7) Verify.--The term ``verify'' means to confirm 
        information provided to an online marketplace pursuant to this 
        section,

[[Page 136 STAT. 5562]]

        which may include the use of one or more methods that enable the 
        online marketplace to reliably determine that any information 
        and documents provided are valid, corresponding to the seller or 
        an individual acting on the seller's behalf, not 
        misappropriated, and not falsified.

    (g) Relationship to State Laws.--No State or political subdivision 
of a State, or territory of the United States, may establish or continue 
in effect any law, regulation, rule, requirement, or standard that 
conflicts with the requirements of this section.
    (h) Effective Date.--This section shall take effect 180 days after 
the date of the enactment of this Act.

 TITLE IV--VIRGINIA GRAEME BAKER POOL AND SPA SAFETY ACT REAUTHORIZATION

SEC. 401. COVERED ENTITY DEFINED.

    (a) In General.--Section 1403 of the Virginia Graeme Baker Pool and 
Spa Safety Act (15 U.S.C. 8002) is amended--
            (1) by redesignating paragraphs (4), (5), (6), (7), and (8) 
        as paragraphs (6), (7), (8), (9), and (10), respectively; and
            (2) by inserting after paragraph (3) the following:
            ``(4) Covered entity.--The term `covered entity' means--
                    ``(A) a State; or
                    ``(B) an Indian Tribe.
            ``(5) Indian tribe.--The term `Indian Tribe' has the meaning 
        given that term in section 4(e) of the Indian Self-Determination 
        and Education Assistance Act (25 U.S.C. 5304(e)).''.

    (b) Technical Correction.--Paragraph (10) of section 1403 of the 
Virginia Graeme Baker Pool and Spa Safety Act (as so redesignated) is 
amended by striking ``section 3(10) of the Consumer Product Safety Act 
(15 U.S.C. 2052(10))'' and inserting ``section 3(a) of the Consumer 
Product Safety Act (15 U.S.C. 2052(a))''.
SEC. 402. SWIMMING POOL SAFETY GRANT PROGRAM.

    (a) In General.--Section 1405 of the Virginia Graeme Baker Pool and 
Spa Safety Act (15 U.S.C. 8004) is amended to read as follows:
``SEC. 1405. SWIMMING POOL SAFETY GRANT PROGRAM.

    ``(a) In General.--Subject to the availability of appropriations 
authorized by subsection (e), the Commission shall carry out a grant 
program to provide assistance to eligible covered entities.
    ``(b) Eligibility.--To be eligible for a grant under the program, a 
covered entity shall--
            ``(1) demonstrate to the satisfaction of the Commission 
        that, as of the date on which the covered entity submits an 
        application to the Commission for a grant under this section, 
        the covered entity has enacted and provides for the enforcement 
        of a statute that--
                    ``(A) except as provided in section 
                1406(a)(1)(A)(i), applies to all swimming pools 
                constructed in the State or in the jurisdiction of the 
                Indian Tribe (as the case may be) on or after such date; 
                and

[[Page 136 STAT. 5563]]

                    ``(B) meets the minimum State law requirements of 
                section 1406; and
            ``(2) submit an application to the Commission at such time, 
        in such form, and containing such additional information as the 
        Commission may require.

    ``(c) <<NOTE: Determination.>>  Amount of Grant.--The Commission 
shall determine the amount of a grant awarded under this section, and 
shall consider--
            ``(1) the population of the covered entity;
            ``(2) the relative enforcement and implementation needs of 
        the covered entity; and
            ``(3) allocation of grant funds in a manner designed to 
        provide the maximum benefit from the program in terms of 
        protecting children from drowning or entrapment.

    ``(d) Use of Grant Funds.--A State or an Indian Tribe receiving a 
grant under this section shall use--
            ``(1) at least 25 percent of amounts made available--
                    ``(A) to hire and train personnel for implementation 
                and enforcement of standards under the swimming pool and 
                spa safety law of the State or Indian Tribe; and
                    ``(B) to defray administrative costs associated with 
                the hiring and training programs under subparagraph (A); 
                and
            ``(2) the remainder--
                    ``(A) to educate pool owners, pool operators, and 
                other members of the public about the standards under 
                the swimming pool and spa safety law of the State or 
                Indian Tribe and about the prevention of drowning or 
                entrapment of children using swimming pools and spas; 
                and
                    ``(B) to defray administrative costs associated with 
                the education programs under subparagraph (A).

    ``(e) Authorization of Appropriations.--There are authorized to be 
appropriated to the Commission for fiscal year 2023 $2,500,000 to carry 
out this section.''.
    (b) Conforming Amendments.--Section 1406 of the Virginia Graeme 
Baker Pool and Spa Safety Act (15 U.S.C. 8005) is amended--
            (1) in subsection (a)(2), by striking ``the eligibility of a 
        State'' each place it appears and inserting ``the eligibility of 
        a covered entity''; and
            (2) by adding at the end the following:

    ``(e) State Defined.--In this section, the term `State' includes an 
Indian Tribe.''.
SEC. 403. REAUTHORIZATION OF CPSC EDUCATION AND AWARENESS PROGRAM.

    Section 1407 of the Virginia Graeme Baker Pool and Spa Safety Act 
(15 U.S.C. 8006) is amended to read as follows:
``SEC. 1407. EDUCATION AND AWARENESS PROGRAM.

    ``(a) In General.--The Commission shall establish and carry out an 
education and awareness program to inform the public of methods to 
prevent drowning and entrapment in swimming pools and spas. In carrying 
out the program, the Commission shall develop--
            ``(1) educational materials designed for swimming pool and 
        spa manufacturers, service companies, and supply retail outlets, 
        including guidance on barrier and drain cover inspection, 
        maintenance, and replacement;

[[Page 136 STAT. 5564]]

            ``(2) educational materials designed for swimming pool and 
        spa owners and operators, consumers, States, and Indian Tribes; 
        and
            ``(3) a national media campaign to promote awareness of 
        swimming pool and spa safety.

    ``(b) Authorization of Appropriations.--There are authorized to be 
appropriated to the Commission for fiscal year 2023 $2,500,000 to carry 
out the education and awareness program authorized by subsection (a).''.

 TITLE V <<NOTE: Reporting Attacks from Nations Selected for Oversight 
    and Monitoring Web Attacks and Ransomware from Enemies Act.>> --
RANSOMWARE ACT
SEC. 501. SHORT TITLE.

    This title may be cited as the ``Reporting Attacks from Nations 
Selected for Oversight and Monitoring Web Attacks and Ransomware from 
Enemies Act'' or the ``RANSOMWARE Act''.
SEC. 502. INCLUSION OF REPORT.

    Section 2 of Public Law 116-173 <<NOTE: 134 Stat. 837>>  is 
amended--
            (1) in paragraph (3), by striking ``; and'';
            (2) in paragraph (4), by striking the period at the end and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(5) the first report required by the RANSOMWARE Act.''.
SEC. 503. REPORT ON RANSOMWARE AND OTHER CYBER-RELATED ATTACKS BY 
                        CERTAIN FOREIGN INDIVIDUALS, COMPANIES, 
                        AND GOVERNMENTS.

    (a) In General.--With the transmission of the report required by 
section 2 of Public Law 116-173, and separately in 2025 and 2027, the 
Federal Trade Commission shall transmit to the Committee on Energy and 
Commerce of the House of Representatives and the Committee on Commerce, 
Science, and Transportation of the Senate a report, which may include a 
classified annex for information that is nonpublic or related to 
Commission investigations or interagency deliberations, and that shall 
include the following:
            (1) The number and details of cross-border complaints 
        received by the Commission (including which such complaints were 
        acted upon and which such complaints were not acted upon) that 
        relate to incidents that were reported to the Commission as 
        committed by individuals, companies, or governments, including 
        those described in subsection (b), broken down by each type of 
        individual, type of company, or government described in a 
        paragraph of such subsection.
            (2) The number and details of cross-border complaints 
        received by the Commission (including which such complaints were 
        acted upon and which such complaints were not acted upon) that 
        involve ransomware or other cyber-related attacks that were 
        reported to the Commission as committed by individuals, 
        companies, or governments, including those described in 
        subsection (b), broken down by each type of individual, type of 
        company, or government described in a paragraph of such 
        subsection.
            (3) A description of trends in the number of cross-border 
        complaints received by the Commission and reported to the 
        Commission as incidents that were committed by individuals,

[[Page 136 STAT. 5565]]

        companies, or governments, including those described in 
        subsection (b), broken down by each type of individual, type of 
        company, or government described in a paragraph of such 
        subsection.
            (4) Identification and details of foreign agencies 
        (including foreign law enforcement agencies (as defined in 
        section 4 of the Federal Trade Commission Act (15 U.S.C. 44))) 
        located in Russia, China, North Korea, or Iran with which the 
        Commission has cooperated and the results of such cooperation, 
        including any foreign agency enforcement action or lack thereof.
            (5) A description of Commission litigation, in relation to 
        cross-border complaints described in paragraphs (1) and (2), 
        brought in foreign courts and the results of such litigation.
            (6) <<NOTE: Recommenda- tions.>>  Any recommendations for 
        legislation that may advance the mission of the Commission in 
        carrying out the U.S. SAFE WEB Act of 2006 and the amendments 
        made by such Act.
            (7) <<NOTE: Recommenda- tions.>>  Any recommendations for 
        legislation that may advance the security of the United States 
        and United States companies against ransomware and other cyber-
        related attacks.
            (8) <<NOTE: Recommenda- tions.>>  Any recommendations for 
        United States citizens and United States businesses to implement 
        best practices on mitigating ransomware and other cyber-related 
        attacks.

    (b) Individuals, Companies, and Governments Described.--The 
individuals, companies, and governments described in this subsection are 
the following:
            (1) An individual located within Russia or with direct or 
        indirect ties to the Government of the Russian Federation.
            (2) A company located within Russia or with direct or 
        indirect ties to the Government of the Russian Federation.
            (3) The Government of the Russian Federation.
            (4) An individual located within China or with direct or 
        indirect ties to the Government of the People's Republic of 
        China.
            (5) A company located within China or with direct or 
        indirect ties to the Government of the People's Republic of 
        China.
            (6) The Government of the People's Republic of China.
            (7) An individual located within North Korea or with direct 
        or indirect ties to the Government of the Democratic People's 
        Republic of Korea.
            (8) A company located within North Korea or with direct or 
        indirect ties to the Government of the Democratic People's 
        Republic of Korea.
            (9) The Government of the Democratic People's Republic of 
        Korea.
            (10) An individual located within Iran or with direct or 
        indirect ties to the Government of the Islamic Republic of Iran.
            (11) A company located within Iran or with direct or 
        indirect ties to the Government of the Islamic Republic of Iran.
            (12) The Government of the Islamic Republic of Iran.

[[Page 136 STAT. 5566]]

                      TITLE VI--TRAVEL AND TOURISM

SEC. 600. <<NOTE: 15 USC 9801.>>  DEFINED TERM.

    In this title, the term ``COVID-19 public health emergency''--
            (1) means the public health emergency first declared on 
        January 31, 2020, by the Secretary of Health and Human Services 
        under section 319 of the Public Health Service Act (42 U.S.C. 
        247d) with respect to COVID-19; and
            (2) includes any renewal of such declaration pursuant to 
        such section 319.

Subtitle A <<NOTE: Visit America Act.>> --Travel Promotion
SEC. 601. <<NOTE: 15 USC 9801 note.>>  SHORT TITLE.

    This subtitle may be cited as the ``Visit America Act''.
SEC. 602. <<NOTE: 15 USC 9802.>>  PURPOSES.

    The purposes of this subtitle are--
            (1) to support the travel and tourism industry, which 
        produces economic impacts that are vital to our national 
        economy; and
            (2) to establish national goals for international visitors 
        to the United States, including--
                    (A) recommendations for achieving such goals and 
                timelines for implementing such recommendations;
                    (B) coordination between Federal and State agencies;
                    (C) the resources needed by each Government agency 
                to achieve such goals; and
                    (D) the number of international visitors and the 
                value of national travel exports.
SEC. 603. <<NOTE: 15 USC 9802 note.>>  SENSE OF CONGRESS.

    It is the sense of Congress that--
            (1) setting a national goal for the number of international 
        visitors to the United States is vital for aligning Federal 
        tourism policy to support American jobs and economic growth;
            (2) setting a national goal for travel exports is vital for 
        aligning Federal tourism policy to support American jobs, 
        increase travel exports, and improve our Nation's balance of 
        trade;
            (3) the travel industry is an essential part of the United 
        States services exports with respect to business, education, 
        medical, and leisure travel;
            (4) the promotion of travel and visitation by the 
        Corporation for Travel Promotion (doing business as ``Brand 
        USA'') is vital to increasing visitation and articulating the 
        visitation laws of the United States; and
            (5) there is an urgent need for a coordinated travel and 
        tourism industry response and strategy to respond to the current 
        state of such industry and future unforeseen circumstances that 
        may impact the travel and tourism industry.
SEC. 604. ASSISTANT SECRETARY OF COMMERCE FOR TRAVEL AND TOURISM.

    Section 2(d) of the Reorganization Plan Numbered 3 of 1979 (93 Stat. 
1382; 5 U.S.C. App.) is amended-- <<NOTE: 19 USC 2171 note.>> 

[[Page 136 STAT. 5567]]

            (1) by striking ``There shall be in the Department two 
        additional Assistant Secretaries'' and inserting ``(1) There 
        shall be in the Department three additional Assistant 
        Secretaries, including the Assistant Secretary of Commerce for 
        Travel and Tourism,''; and
            (2) by adding at the end the following:
            ``(2) The Assistant Secretary of Commerce for Travel and 
        Tourism shall report directly to the Under Secretary of Commerce 
        for International Trade.''.
SEC. 605. <<NOTE: 15 USC 9803.>>  RESPONSIBILITIES OF THE 
                        ASSISTANT SECRETARY OF COMMERCE FOR TRAVEL 
                        AND TOURISM.

    (a) Visitation Goals.--The Assistant Secretary of Commerce for 
Travel and Tourism (referred to in this section as the ``Assistant 
Secretary'') shall--
            (1) after consultation with the travel and tourism industry, 
        work with the Travel Promotion Committee and the United States 
        Travel and Tourism Advisory Board to establish an annual goal, 
        consistent with the goals of the travel and tourism strategy 
        developed pursuant to section 606(1), for--
                    (A) the number of international visitors to the 
                United States; and
                    (B) the value of travel and tourism commerce;
            (2) develop recommendations for achieving the annual goals 
        established pursuant to paragraph (1);
            (3) ensure that travel and tourism policy is developed in 
        consultation with--
                    (A) the Tourism Policy Council;
                    (B) the Secretary of State;
                    (C) the Secretary of Homeland Security;
                    (D) the Corporation for Travel Promotion;
                    (E) the United States Travel and Tourism Advisory 
                Board; and
                    (F) travel and tourism industry representatives, 
                including public and private destination marketing 
                organizations, travel and tourism suppliers, gig economy 
                representatives, and labor representatives from these 
                industries;
            (4) establish short, medium, and long-term timelines for 
        implementing the recommendations developed pursuant to paragraph 
        (2);
            (5) conduct Federal agency needs assessments, in 
        consultation with the Office of Management and Budget and other 
        relevant Federal agencies, to identify the resources, statutory 
        or regulatory changes, and private sector engagement needed to 
        achieve the annual visitation goals; and
            (6) provide assessments and recommendations to--
                    (A) the Committee on Commerce, Science, and 
                Transportation of the Senate;
                    (B) the Committee on Energy and Commerce of the 
                House of Representatives; and
                    (C) the public through a publicly accessible 
                website.

    (b) Domestic Travel and Tourism.--The Assistant Secretary, to the 
extent feasible, shall--
            (1) evaluate, on an ongoing basis, domestic policy options 
        for supporting competitiveness with respect to the strengths, 
        weaknesses, and growth of the domestic travel industry;

[[Page 136 STAT. 5568]]

            (2) develop recommendations and goals to support and enhance 
        domestic tourism, separated by business and leisure; and
            (3) engage public and private stakeholders to support 
        domestic tourism.

    (c) Workforce.--The Assistant Secretary shall--
            (1) consult with the Secretary of Labor to develop 
        strategies and best practices for improving the timeliness and 
        reliability of travel and tourism workforce data;
            (2) work with the Secretary of Labor and the Bureau of 
        Economic Analysis to improve travel and tourism industry data;
            (3) provide recommendations for policy enhancements and 
        efficiencies; and
            (4) provide policy recommendations regarding the gig economy 
        as it relates to travel and tourism.

    (d) Facilitation of International Business Travel.--The Assistant 
Secretary, in coordination with relevant Federal agencies, shall strive 
to increase and facilitate international business travel to the United 
States and ensure competitiveness by--
            (1) facilitating large meetings, incentives, conferences, 
        and exhibitions in the United States;
            (2) emphasizing rural and other destinations in the United 
        States that are rich in cultural heritage or ecological tourism, 
        among other uniquely American destinations, as locations for 
        hosting international meetings, incentives, conferences, and 
        exhibitions; and
            (3) facilitating sports and recreation events and activities 
        in the United States.

    (e) Recovery Strategies.--
            (1) <<NOTE: Deadline.>>  In general.--Not later than 1 year 
        after amounts are appropriated to the Department of Commerce to 
        accomplish the purposes of this section, the Assistant 
        Secretary, in consultation with the entities referred to in 
        subsection (a)(3), shall develop recovery strategies for the 
        travel and tourism industry in response to the economic impacts 
        of the COVID-19 pandemic and in anticipation of other 
        unpredictable catastrophic events that would significantly 
        affect the travel and tourism industry, such as hurricanes, 
        floods, tsunamis, tornadoes, wildfires, terrorist attacks, and 
        pandemics.
            (2) Cost-benefit analysis.--In developing the recovery 
        strategies under paragraph (1), the Assistant Secretary shall 
        conduct cost-benefit analyses that take into account the health 
        and economic effects of public health mitigation measures on the 
        travel and tourism industry.

    (f) Reporting Requirements.--
            (1) Assistant secretary.--The Assistant Secretary, subject 
        to the availability of appropriations, shall produce an annual 
        forecasting report on the travel and tourism industry, which 
        shall include current and anticipated--
                    (A) domestic employment needs;
                    (B) international inbound volume and spending, 
                taking into account the lasting effects of the COVID-19 
                public health emergency and the impact of the recovery 
                strategy implemented pursuant to subsection (e)(1); and
                    (C) domestic volume and spending, including Federal 
                and State public land travel and tourism data.

[[Page 136 STAT. 5569]]

            (2) Bureau of economic analysis.--The Director of the Bureau 
        of Economic Analysis, subject to the availability of 
        appropriations and to the extent feasible, should make quarterly 
        updates to the Travel and Tourism Satellite Accounts, 
        including--
                    (A) State-level travel and tourism spending data;
                    (B) travel and tourism workforce data for full-time 
                and part-time employment; and
                    (C) Federal and State public lands outdoor 
                recreational activity and tourism spending data.
            (3) National travel and tourism office.--The Director of the 
        National Travel and Tourism Office--
                    (A) in partnership with the Bureau of Economic 
                Analysis and other relevant Federal agencies, shall 
                provide a monthly report on international arrival and 
                spending data to--
                          (i) the Travel and Tourism Advisory Board; and
                          (ii) the public through a publicly accessible 
                      website; and
                    (B) shall include questions in the Survey of 
                International Air Travelers regarding wait-times, visits 
                to public lands, and State data, to the extent 
                applicable.
SEC. 606. <<NOTE: 15 USC 9804.>>  TRAVEL AND TOURISM STRATEGY.

    Not <<NOTE: Deadline. Time period.>>  less frequently than once 
every 10 years, the Secretary of Commerce, in consultation with the 
United States Travel and Tourism Advisory Board, the Tourism Policy 
Council, the Secretary of State, and the Secretary of Homeland Security, 
shall develop and submit to Congress a 10-year travel and tourism 
strategy, which shall include--
            (1) the establishment of goals with respect to the number of 
        annual international visitors to the United States and the 
        annual amount of travel and tourism commerce in the United 
        States during such 10-year period;
            (2) the resources needed to achieve the goals established 
        pursuant to paragraph (1); and
            (3) <<NOTE: Recommenda- tions.>>  recommendations for 
        statutory or regulatory changes that would be necessary to 
        achieve such goals.
SEC. 607. UNITED STATES TRAVEL AND TOURISM ADVISORY BOARD.

    Section 3 of the Act entitled ``An Act to encourage travel in the 
United States, and for other purposes'' (15 U.S.C. 1546) is amended to 
read as follows:
``SEC. 3. UNITED STATES TRAVEL AND TOURISM ADVISORY BOARD.

    ``(a) <<NOTE: Appointment.>>  In General.--There is established the 
United States Travel and Tourism Advisory Board (referred to in this 
section as the `Board'), the members of which shall be appointed by the 
Secretary of Commerce for 2-year terms from companies and organizations 
in the travel and tourism industry.

    ``(b) Executive Director.--The Assistant Secretary of Commerce for 
Travel and Tourism shall serve as the Executive Director of the Board.
    ``(c) Executive Secretariat.--The National Travel and Tourism Office 
of the International Trade Administration shall serve as the Executive 
Secretariat for the Board.
    ``(d) Functions.--The Board's Charter shall specify that the Board 
will--

[[Page 136 STAT. 5570]]

            ``(1) serve as the advisory body to the Secretary of 
        Commerce on matters relating to the travel and tourism industry 
        in the United States;
            ``(2) advise the Secretary of Commerce on government 
        policies and programs that affect the United States travel and 
        tourism industry;
            ``(3) offer counsel on current and emerging issues;
            ``(4) provide a forum for discussing and proposing solutions 
        to problems related to the travel and tourism industry; and
            ``(5) provide advice regarding the domestic travel and 
        tourism industry as an economic engine.

    ``(e) Recovery Strategies.--The Board shall assist the Assistant 
Secretary of Commerce for Travel and Tourism in the development and 
implementation of the recovery strategies required under section 
605(e)(1) of the Visit America Act.''.
SEC. 608. <<NOTE: 15 USC 9805.>>  DATA ON DOMESTIC TRAVEL AND 
                        TOURISM.

    The Assistant Secretary of Commerce for Travel and Tourism, subject 
to the availability of appropriations, shall collect and make public 
aggregate data on domestic travel and tourism trends.
SEC. 609. <<NOTE: 15 USC 9801 note.>>  COMPLETION OF PROCEEDING.

    If the Secretary of Commerce, before the date of the enactment of 
this Act, has taken any action that, in whole or in part, implements 
this title or the amendments made by this title, the Secretary is not 
required to revisit such action to the extent such action is consistent 
with this title and the amendments made by this title.

                        Subtitle B--Travel Safety

SEC. 611. STUDY AND REPORT ON EFFECTS OF COVID-19 PANDEMIC ON 
                        TRAVEL AND TOURISM INDUSTRY IN UNITED 
                        STATES.

    (a) Definitions.--In this section:
            (1) Pandemic period.--The term ``pandemic period'' has the 
        meaning given the term ``emergency period'' in section 
        1135(g)(1)(B) of the Social Security Act (42 U.S.C. 1320b-
        5(g)(1)(B)), excluding any portion of such period after the date 
        that is 1 year after the date of the enactment of this Act.
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of Commerce.
            (3) Travel and tourism industry.--The term ``travel and 
        tourism industry'' means the travel and tourism industry in the 
        United States.

    (b) Interim Study and Report.--
            (1) In general.--Not later than 3 months after the date of 
        the enactment of this Act, the Secretary, after consultation 
        with relevant stakeholders, including the United States Travel 
        and Tourism Advisory Board, shall--
                    (A) complete an interim study, which shall be based 
                on data available at the time the study is conducted and 
                provide a framework for the study required under 
                subsection (c), regarding the effects of the COVID-19 
                pandemic on the travel and tourism industry, including 
                various segments of the travel and tourism industry, 
                such as domestic, international, leisure, business, 
                conventions, meetings, and events; and

[[Page 136 STAT. 5571]]

                    (B) submit a report containing the results of such 
                interim study to--
                          (i) the Committee on Commerce, Science, and 
                      Transportation of the Senate; and
                          (ii) the Committee on Energy and Commerce of 
                      the House of Representatives.
            (2) <<NOTE: Public information. Web posting.>>  
        Availability.--The Secretary shall make the report described in 
        paragraph (1) publicly available on the website of the 
        Department of Commerce.

    (c) In General.--Not later than 1 year after the date of the 
enactment of this Act, the Secretary, in consultation with the United 
States Travel and Tourism Advisory Board and the head of any other 
Federal agency the Secretary considers appropriate, shall complete a 
study on the effects of the COVID-19 pandemic on the travel and tourism 
industry, including various segments of the travel and tourism industry, 
such as domestic, international, leisure, business, conventions, 
meetings, and events.
    (d) Matters for Consideration.--In conducting the interim study 
required under subsection (b) and the study required under subsection 
(c), the Secretary shall consider--
            (1) changes in employment rates in the travel and tourism 
        industry during the pandemic period;
            (2) changes in revenues of businesses in the travel and 
        tourism industry during the pandemic period;
            (3) changes in employment and sales in industries related to 
        the travel and tourism industry, and changes in contributions of 
        the travel and tourism industry to such related industries, 
        during the pandemic period;
            (4) the effects attributable to the changes described in 
        paragraphs (1) through (3) in the travel and tourism industry 
        and such related industries on the overall economy of the United 
        States, including--
                    (A) <<NOTE: Analysis.>>  an analysis of regional 
                economies (on a per capita basis) during the pandemic 
                period; and
                    (B) the projected effects of such changes on the 
                regional and overall economy of the United States 
                following the pandemic period;
            (5) the effects attributable to the changes described in 
        paragraphs (1) through (3) in the travel and tourism industry 
        and such related industries on minority communities, including 
        Native Americans, Native Hawaiians, and Alaska Natives;
            (6) reports on the economic impact of COVID-19 issued by 
        other Federal agencies;
            (7) the costs and health benefits associated with COVID-19 
        requirements for air travel for entry into or exit from the 
        United States and any consequent disincentives for tourism;
            (8) any Federal barriers related to the response to the 
        COVID-19 pandemic that are disincentivizing international 
        tourism in the United States, including the source and policy 
        rationale for these barriers; and
            (9) any additional matters that the Secretary considers 
        appropriate.

    (e) Consultation and Public Comment.--In conducting the study 
required under subsection (c), the Secretary shall--
            (1) consult with representatives of--
                    (A) the small business sector;
                    (B) the restaurant or food service sector;

[[Page 136 STAT. 5572]]

                    (C) the hotel and alternative accommodations sector;
                    (D) the attractions or recreation sector;
                    (E) the outdoor recreation sector;
                    (F) the travel distribution services sector;
                    (G) destination marketing organizations;
                    (H) State tourism offices;
                    (I) the passenger air, railroad, bus, and rental car 
                sectors; and
                    (J) labor representatives for--
                          (i) the sectors referred to in subparagraph 
                      (I); and
                          (ii) security screening personnel designated 
                      by the Administrator of the Transportation 
                      Security Administration; and
            (2) provide an opportunity for public comment and advice 
        relevant to conducting such study.

    (f) Report to Congress.--
            (1) In general.--Not later than 6 months after the 
        completion of the study required under subsection (c), the 
        Secretary, in consultation with the United States Travel and 
        Tourism Advisory Board and the Tourism Policy Council, shall 
        submit a report to the Committee on Commerce, Science, and 
        Transportation of the Senate and the Committee on Energy and 
        Commerce of the House of Representatives that contains--
                    (A) the results of such study;
                    (B) <<NOTE: Recommenda- tions.>>  policy 
                recommendations for--
                          (i) promoting and assisting the travel and 
                      tourism industry generally; and
                          (ii) promoting and assisting travel and 
                      tourism to Native American, Native Hawaiian, and 
                      Alaska Native communities, by fully implementing 
                      the Native American Tourism and Improving Visitor 
                      Experience Act (Public Law 114-221); and
                    (C) a description of the actions that should be 
                taken by the Federal Government to accelerate the 
                implementation of travel and tourism policies and 
                programs authorized by law.
            (2) <<NOTE: Public information. Web posting.>>  
        Availability.--The Secretary shall make the report described in 
        paragraph (1) publicly available on the website of the 
        Department of Commerce.

                   DIVISION CC--WATER RELATED MATTERS

SEC. 101. EXTENSION OF AUTHORIZATIONS RELATED TO FISH RECOVERY 
                        PROGRAMS.

    Section 3 of Public Law 106-392 (114 Stat. 1603; 123 Stat. 1310) is 
amended--
            (1) by striking ``2023'' each place it appears and inserting 
        ``2024'';
            (2) in subsection (b)(1), by striking ``$179,000,000'' and 
        inserting ``$184,000,000'';
            (3) in subsection (b)(2), by striking ``$30,000,000'' and 
        inserting ``$25,000,000'';
            (4) in subsection (h), by striking ``, at least 1 year prior 
        to such expiration,''; and

[[Page 136 STAT. 5573]]

            (5) in subsection (j), by striking ``2021'' each place it 
        appears and inserting ``2022''.
SEC. 102. COLORADO RIVER SYSTEM CONSERVATION PILOT PROGRAM.

    Section 206 of the Energy and Water Development and Related Agencies 
Appropriations Act, 2015 (43 U.S.C. 620 note; Public Law 113-235), is 
amended--
            (1) in subsection (b)(2), by striking ``additional funds'' 
        and inserting ``funds for new water conservation agreements 
        or'';
            (2) in subsection (c)(2), by striking ``2022'' and inserting 
        ``2024''; and
            (3) in subsection (d), by striking ``2018'' and inserting 
        ``2025''.
SEC. 103. <<NOTE: California.>>  SALTON SEA PROJECTS.

    Section 1101 of the Reclamation Projects Authorization and 
Adjustment Act of 1992 (Public Law 102-575; 106 Stat. 4661) is amended--
            (1) by redesignating subsections (b) through (d) as 
        subsections (c) through (e), respectively;
            (2) by inserting after subsection (a) the following:

    ``(b) Additional Project Authorities.--
            ``(1) <<NOTE: Grants. Contracts.>>  In general.--The 
        Secretary of the Interior, acting through the Commissioner of 
        Reclamation, may provide grants and enter into contracts and 
        cooperative agreements to carry out projects located in the area 
        of the Salton Sea in southern California to mitigate impacts 
        from dust from dry and drying lakebeds and to improve fish and 
        wildlife habitat, recreational opportunities, and water quality, 
        in partnership with--
                    ``(A) State, Tribal, and local governments;
                    ``(B) water districts;
                    ``(C) joint powers authorities, including the Salton 
                Sea Authority;
                    ``(D) nonprofit organizations; and
                    ``(E) institutions of higher education.
            ``(2) Included activities.--The projects described in 
        paragraph (1) may include--
                    ``(A) construction, operation, maintenance, 
                permitting, and design activities required for the 
                projects; and
                    ``(B) dust suppression projects.''; and
            (3) in subsection (c) (as so redesignated), by striking 
        ``project referred to in subsection (a)'' and inserting 
        ``projects referred to in subsections (a) and (b)''.
SEC. 104. AUTHORIZATION OF SUN RIVER PROJECT, MONTANA.

    (a) Authorization.--The Secretary, acting through the Commissioner 
of Reclamation and pursuant to the reclamation laws, may construct, 
operate, and maintain facilities in the Sun River project, Montana, for 
the purpose of hydroelectric power generation.
    (b) Effect.--The authorization under subsection (a) shall--
            (1) be in addition to any other authorizations for the Sun 
        River project under existing law; and
            (2) not limit, restrict, or alter operations of the Sun 
        River project in a manner that would be adverse to the 
        satisfaction of valid existing water rights or water deliveries 
        to the holder of any valid water service contract.

[[Page 136 STAT. 5574]]

SEC. 105. ELIGIBILITY UNDER THE INFRASTRUCTURE INVESTMENT AND JOBS 
                        ACT OF SMALL WATER STORAGE AND GROUNDWATER 
                        STORAGE PROJECTS.

    Section 40903(b)(1)(B)(i) of the Infrastructure Investment and Jobs 
Act (43 U.S.C. 3203(b)(1)(B)(i)) is amended by striking ``2,000'' and 
inserting ``200''.

                   DIVISION DD--PUBLIC LAND MANAGEMENT

SEC. 1. <<NOTE: 43 USC 776 note.>>  DEFINITION OF SECRETARY.

    In this division, the term ``Secretary'' means the Secretary of the 
Interior.

             TITLE I--DEPARTMENT OF THE INTERIOR PROVISIONS

SEC. 101. <<NOTE: 43 USC 1732 note.>>  PILOT PROGRAM FOR NATIVE 
                        PLANT SPECIES.

    (a) Definitions.--In this section:
            (1) Invasive species.--The term ``invasive species'' means, 
        with respect to a particular ecosystem, a nonnative organism, 
        the introduction of which causes or is likely to cause economic 
        or environmental harm or harm to human, animal, or plant health.
            (2) Locally adapted.--The term ``locally adapted'' means, 
        with respect to plants, plants that--
                    (A) originate from an area that is geographically 
                proximate to a planting area; and
                    (B) are environmentally adapted to and likely to 
                become established and persist in that planting area.
            (3) Native plant species.--The term ``native plant species'' 
        means, with respect to a particular ecosystem, a species that, 
        other than as a result of an introduction, historically occurred 
        or currently occurs in that ecosystem.
            (4) Nonnative.--The term ``nonnative'' means, with respect 
        to a particular ecosystem, an organism, including the seeds, 
        eggs, spores, or other biological material of the organism 
        capable of propagating that species, that occurs outside of the 
        natural range of the organism.
            (5) Plant material.--The term ``plant material'' means a 
        plant or the seeds, eggs, spores, or other biological material 
        of a plant capable of propagating the species of the plant.

    (b) Establishment.--Not later than 180 days after the date on which 
funds are made available to carry out this section, the Secretary shall, 
in accordance with any existing laws and management policies, carry out 
a pilot program to prioritize the use of native plant species within 
geographically diverse units of the National Park System and public land 
administered by the Bureau of Land Management.
    (c) Implementation.--In carrying out the pilot program under 
subsection (b), the Secretary shall, to the extent practicable--
            (1) give preference to the use of locally adapted native 
        plant materials where appropriate;

[[Page 136 STAT. 5575]]

            (2) incorporate efforts to prevent, control, or eradicate 
        the spread of invasive species;
            (3) incorporate efforts to use native plants in areas that 
        have experienced a recent wildfire event; and
            (4) identify situations in which the use of non-native 
        plants may be warranted.

    (d) Coordination.--The Secretary shall, in carrying out the pilot 
program under subsection (b), coordinate activities with--
            (1) the National Seed Strategy of the Bureau of Land 
        Management;
            (2) the Plant Conservation Alliance; and
            (3) the Plant Materials Centers of the Natural Resources 
        Conservation Service.

    (e) Termination of Authority.--The authority to carry out the pilot 
program under subsection (b) terminates on the date that is 5 years 
after the date on which the pilot program is established under that 
subsection.
    (f) Report.--Not later than 1 year after the date on which the 
authority to carry out the pilot program terminates under subsection 
(e), the Secretary shall submit to Congress a report describing--
            (1) the results of the pilot program carried out under 
        subsection (b); and
            (2) the cost-effectiveness of using native plants in units 
        of the National Park System and public land administered by the 
        Bureau of Land Management.
SEC. 102. REAUTHORIZATION OF THE HIGHLANDS CONSERVATION ACT.

    The Highlands Conservation Act (Public Law 108-421; 118 Stat. 2375) 
is amended--
            (1) in section 3-- <<NOTE: 118 Stat. 2375.>> 
                    (A) by amending paragraph (1) to read as follows:
            ``(1) Highlands region.--The term `Highlands region' means--
                    ``(A) the area depicted on the map entitled `The 
                Highlands Region', dated June 2004, updated after the 
                date of enactment of this subparagraph to comprise each 
                municipality included on the list of municipalities 
                included in the Highlands region as of that date of 
                enactment, and maintained in the headquarters of the 
                Forest Service in Washington, District of Columbia; and
                    ``(B) a municipality approved by the Director of the 
                United States Fish and Wildlife Service under section 
                4(e).'';
                    (B) in paragraph (3), by amending subparagraph (B) 
                to read as follows:
                    ``(B) identified by a Highlands State as having high 
                conservation value using the best available science and 
                geographic information systems; and'';
                    (C) in paragraph (4)(A), by striking ``; or'' and 
                inserting ``, including a political subdivision thereof; 
                or''; and
                    (D) by striking paragraphs (5) through (7);
            (2) in section 4-- <<NOTE: 118 Stat. 2376.>> 
                    (A) in subsection (a)(1), by striking ``in the 
                Study'' and all that follows through the end of the 
                paragraph and inserting ``using the best available 
                science and geographic information systems; and'';

[[Page 136 STAT. 5576]]

                    (B) in subsection (c), by amending paragraph (5) to 
                read as follows:
            ``(5) provides that land conservation partnership projects 
        will be consistent with areas identified as having high 
        conservation value in accordance with the purposes described in 
        section 2 in the Highlands region.'';
                    (C) in subsection (e), by striking ``fiscal years 
                2005 through 2021'' and inserting ``fiscal years 2023 
                through 2029'';
                    (D) by redesignating subsection (e) as subsection 
                (g); and
                    (E) by inserting after subsection (d) the following:

    ``(e) Request for Inclusion of Additional Municipality.--The 
Director of the United States Fish and Wildlife Service may, at the 
request of a Highlands State, with the concurrence of the municipality, 
approve the inclusion of a municipality within the State as part of the 
Highlands region.
    ``(f) Limitation on Administrative Expenses.--
            ``(1) Federal administration.--The Secretary of the Interior 
        may not expend more than $300,000 for the administration of this 
        Act in each fiscal year.
            ``(2) State administration.--A State that receives funds 
        under this section for a land conservation partnership project 
        may not use more than 5 percent of the funds to administer the 
        land conservation partnership project.'';
            (3) in section 5-- <<NOTE: 118 Stat. 2377.>> 
                    (A) in subsection (a), by striking ``the Study, 
                Update, and any future study that the Forest Service may 
                undertake in'';
                    (B) in subsection (b)--
                          (i) in paragraph (1), by striking ``, 
                      including a Pennsylvania and Connecticut Update''; 
                      and
                          (ii) in paragraph (2), by striking ``the 
                      findings'' and all that follows through the end of 
                      the paragraph and inserting ``with stakeholders 
                      regarding implementation of the program; and''; 
                      and
                    (C) in subsection (c), by striking ``2005 through 
                2014'' and inserting ``2023 through 2029''; and
            (4) in section 6, <<NOTE: 118 Stat. 2378.>>  by adding at 
        the end the following:

    ``(f) Appraisal Methodology.--
            ``(1) In general.--With respect to an appraisal related to a 
        land acquisition carried out under this Act, a Highlands State 
        shall use an appraisal methodology approved by the Secretary of 
        the Interior.
            ``(2) Alternative appraisal methodology.--A Highlands State 
        may petition the Secretary of the Interior to consider an 
        alternative appraisal methodology when there is a conflict, in 
        any Highlands State, between--
                    ``(A) an appraisal methodology approved by the 
                Secretary of the Interior under paragraph (1); and
                    ``(B) applicable State law.''.
SEC. 103. <<NOTE: 43 USC 776.>>  CADASTRE OF FEDERAL REAL 
                        PROPERTY.

    (a) Definitions.--In this section:
            (1) Cadastre.--
                    (A) In general.--The term ``cadastre'' means an 
                inventory of real property developed through collecting, 
                storing,

[[Page 136 STAT. 5577]]

                retrieving, or disseminating graphical or digital data 
                depicting natural or man-made physical features, 
                phenomena, or boundaries of the earth, and any 
                information related to the data, including--
                          (i) surveys;
                          (ii) maps;
                          (iii) charts;
                          (iv) satellite and airborne remote sensing 
                      data;
                          (v) images; and
                          (vi) services of an architectural or 
                      engineering nature performed by 1 or more 
                      professionals, as authorized to perform the 
                      services under State law, if applicable, such as--
                                    (I) a surveyor;
                                    (II) a photogrammetrist;
                                    (III) a hydrographer;
                                    (IV) a geodesist; or
                                    (V) a cartographer.
                    (B) Inclusions.--The term ``cadastre'' includes--
                          (i) a reference frame consisting of a current 
                      geodetic network that is consistent with, and not 
                      duplicative of, the National Geodic Survey of the 
                      National Oceanic and Atmospheric Administration;
                          (ii) a series of current and accurate large-
                      scale maps;
                          (iii) an existing cadastral boundary overlay 
                      delineating all cadastral parcels;
                          (iv) a system for indexing and identifying 
                      each cadastral parcel; and
                          (v) a series of land data files, each 
                      including the parcel identifier, which can be used 
                      to retrieve information and cross-reference 
                      between and among other existing data files that 
                      may contain information about the use, assets, and 
                      infrastructure of each parcel.
            (2) Federal real property.--
                    (A) In general.--The term ``Federal real property'' 
                means any real property owned, leased, or otherwise 
                managed by the Secretary concerned.
                    (B) Exclusions.--The term ``Federal real property'' 
                does not include--
                          (i) real property held in trust by the Federal 
                      Government for the benefit of 1 or more Indian 
                      Tribes or individual Indians; or
                          (ii) restricted land owned by an Indian Tribe 
                      or individual Indians.
            (3) Real property.--The term ``real property'' means real 
        estate consisting of--
                    (A) land;
                    (B) buildings, crops, forests, or other resources 
                still attached to or within the land;
                    (C) improvements or fixtures permanently attached to 
                the land;
                    (D) any structure on the land; or
                    (E) any interest, benefit, right, or privilege in 
                the property described in subparagraphs (A) through (D).
            (4) Secretary concerned.--The term ``Secretary concerned'' 
        means--

[[Page 136 STAT. 5578]]

                    (A) the Secretary; or
                    (B) the Secretary of Agriculture, acting through the 
                Chief of the Forest Service.

    (b) Cadastre of Federal Real Property.--
            (1) <<NOTE: Deadline.>>  Interagency data standardization.--
        Not later than 18 months after the date of enactment of this 
        Act, the Secretaries concerned shall jointly develop and adopt 
        interagency standards to ensure compatibility and 
        interoperability among applicable Federal databases with respect 
        to the collection and dissemination of data relating to Federal 
        real property.
            (2) <<NOTE: Deadline.>>  Development of cadastre.--Not later 
        than 2 years after the date of enactment of this Act, the 
        Secretaries concerned, subject to the availability of 
        appropriations, shall develop (and thereafter maintain) a 
        current and accurate multipurpose cadastre of Federal real 
        property under the jurisdiction of the Secretaries concerned to 
        support Federal land management activities on Federal real 
        property, including--
                    (A) resource development and conservation;
                    (B) agricultural use;
                    (C) active forest management;
                    (D) environmental protection; and
                    (E) other use of the real property.
            (3) <<NOTE: Inventory.>>  Consolidation and report.--Not 
        later than 180 days after the date of enactment of this Act, the 
        Secretaries concerned shall submit to the Committee on Energy 
        and Natural Resources of the Senate and the Committee on Natural 
        Resources of the House of Representatives a report describing--
                    (A) the existing real property inventories or any 
                components of any cadastre of Federal real property 
                currently authorized by law or maintained by the 
                Secretary concerned, including--
                          (i) the statutory authorization for each 
                      existing real property inventory or component of a 
                      cadastre; and
                          (ii) the amount expended by the Federal 
                      Government for each existing real property 
                      inventory or component of a cadastre in fiscal 
                      year 2022;
                    (B) the existing real property inventories or any 
                components of any cadastre of Federal real property 
                currently authorized by law or maintained by the 
                Secretary concerned that will be eliminated or 
                consolidated into the multipurpose cadastre under 
                paragraph (2);
                    (C)(i) the existing real property inventories or any 
                components of any cadastre of Federal real property 
                currently authorized by law or maintained by the 
                Secretary concerned that will not be eliminated or 
                consolidated into the multipurpose cadastre under 
                paragraph (2); and
                    (ii) a justification for not eliminating or 
                consolidating an existing real property inventory or 
                component of a cadastre described in clause (i) into the 
                multipurpose cadastre under paragraph (2);
                    (D) the use of existing real property inventories or 
                any components of any cadastre currently maintained by 
                any unit of State or local government that can be used 
                to identify Federal real property within that unit of 
                government;

[[Page 136 STAT. 5579]]

                    (E) the cost savings that will be achieved by 
                eliminating or consolidating duplicative or unneeded 
                real property inventories or any components of any 
                cadastre of Federal real property currently authorized 
                by law or maintained by the Secretary concerned that 
                will become part of the multipurpose cadastre under 
                paragraph (2);
                    (F) <<NOTE: Implementation plan. Cost 
                estimate. Assessment.>>  a plan for the implementation 
                of this section, including a cost estimate and an 
                assessment of the feasibility of using revenue from any 
                transactional activity authorized by law to offset any 
                costs of implementing this section; and
                    (G) <<NOTE: Recommenda- tions.>>  recommendations 
                for any legislation necessary to increase the cost 
                savings and enhance the effectiveness and efficiency of 
                replacing, eliminating, or consolidating Federal real 
                property inventories or any components of any cadastre 
                of Federal real property currently authorized by law or 
                maintained by the Secretary concerned.
            (4) Coordination.--
                    (A) In general.--In carrying out this section, the 
                Secretaries concerned shall--
                          (i) participate (in accordance with section 
                      216 of the E-Government Act of 2002 (44 U.S.C. 
                      3501 note; Public Law 107-347) and section 757 of 
                      the Geospatial Data Act of 2018 (43 U.S.C. 2806)) 
                      in the establishment of such standards and common 
                      protocols as are necessary to ensure the 
                      interoperability of geospatial information 
                      pertaining to the cadastre under paragraph (2) for 
                      all users of the information;
                          (ii) coordinate with, seek assistance and 
                      cooperation of, and provide liaison to the Federal 
                      Geographic Data Committee established by section 
                      753(a) of the Geospatial Data Act of 2018 (43 
                      U.S.C. 2802(a)) for the implementation of and 
                      compliance with such standards and requirements of 
                      that Act as may be applicable to--
                                    (I) the cadastre under paragraph 
                                (2); and
                                    (II) any aspect of the development 
                                of the cadastre under paragraph (2);
                          (iii) integrate, or make the cadastre 
                      interoperable with, the Federal Real Property 
                      Profile or other inventories established pursuant 
                      to Executive Order 13327 (40 U.S.C. 121 note; 
                      relating to Federal real property asset 
                      management), the Federal Assets Sale and Transfer 
                      Act of 2016 (40 U.S.C. 1303 note; Public Law 114-
                      287), or the Federal Property Management Reform 
                      Act of 2016 (Public Law 114-318; 130 Stat. 1608); 
                      and
                          (iv) to the maximum extent practicable, 
                      integrate with and leverage current cadastre 
                      activities of units of State and local government.
                    (B) Contracts considered surveying and mapping.--
                          (i) In general.--A contract between the 
                      Secretaries concerned and a member of the private 
                      sector to provide products and services for the 
                      development of the cadastre shall be considered to 
                      be a contract

[[Page 136 STAT. 5580]]

                      for services of surveying and mapping (within the 
                      meaning of chapter 11 of title 40, United States 
                      Code).
                          (ii) Selection procedures.--A contract 
                      described in clause (i) shall be entered into in 
                      accordance with the selection procedures in 
                      chapter 11 of title 40, United States Code.

    (c) Transparency and Public Access.--The Secretary concerned shall--
            (1) <<NOTE: Web posting.>>  in accordance with any 
        requirements applicable to the Secretary concerned under section 
        759 of the Geospatial Data Act of 2018 (43 U.S.C. 2808), make 
        the cadastre under subsection (b)(2) publicly available on the 
        internet--
                    (A) in a graphically geo-enabled and searchable 
                format; and
                    (B) in a manner that is consistent with, and meets 
                any requirements for integration with, the GeoPlatform 
                established under section 758(a) of that Act (43 U.S.C. 
                2807(a));
            (2) ensure that the inventory referred to in subsection (b) 
        includes the identification of all land suitable for disposal 
        and the appraised value of the land, if an appraisal has been 
        conducted, in accordance with the Federal Land Policy and 
        Management Act of 1976 (43 U.S.C. 1701 et seq.); and
            (3) in consultation with the Secretary of Defense and the 
        Secretary of Homeland Security, prevent the disclosure of any 
        parcel or parcels of land, any buildings or facilities on the 
        land, or any information related to the land, buildings, or 
        facilities if that disclosure would impair or jeopardize the 
        national security or homeland defense of the United States.

    (d) <<NOTE: Data.>>  Applicable Law.--Any data that is part of the 
cadastre developed under subsection (b)(2) shall be--
            (1) considered to be geospatial data for purposes of the 
        Geospatial Data Act of 2018 (43 U.S.C. 2801 et seq.); and
            (2) subject to the requirements of that Act.

    (e) Effect.--Nothing in this section--
            (1) creates any substantive or procedural right or benefit; 
        or
            (2) requires or authorizes--
                    (A) any new surveying or mapping of Federal real 
                property;
                    (B) the evaluation of any parcel of land or other 
                real property for potential management by a non-Federal 
                entity;
                    (C) the disposal of any Federal real property; or
                    (D) any new appraisal or assessment of--
                          (i) the value of any parcel of Federal land or 
                      other real property; or
                          (ii) the cultural and archaeological resources 
                      on any parcel of Federal land or other real 
                      property.
SEC. 104. SALE OR LEASE OF LAND TO FEDERALLY RECOGNIZED INDIAN 
                        TRIBES UNDER THE RECREATION AND PUBLIC 
                        PURPOSES ACT.

    (a) Application; Acreage Limitations.--The first section of the Act 
of June 14, 1926 (commonly known as the ``Recreation and Public Purposes 
Act'') (44 Stat. 741, chapter 578; 68 Stat. 174, chapter 263; 43 U.S.C. 
869), is amended--
            (1) in subsection (a)--

[[Page 136 STAT. 5581]]

                    (A) in the first sentence--
                          (i) by inserting ``federally recognized Indian 
                      Tribe,'' before ``Territory,''; and
                          (ii) by inserting ``Tribal,'' before 
                      ``Territorial,''; and
                    (B) in the second sentence, by inserting ``, 
                Tribal,'' before ``or local authority'';
            (2) in subsection (b)--
                    (A) by striking ``(i) For recreational'' and 
                inserting the following:
            ``(1) For recreational'';
                    (B) by striking ``(ii) For public purposes'' and 
                inserting the following:
            ``(2) For public purposes'';
                    (C) in paragraph (1) (as so designated), by adding 
                at the end the following:
                    ``(D) To any federally recognized Indian Tribe, 
                6,400 acres.''; and
                    (D) in paragraph (2) (as so designated), by adding 
                at the end the following:
                    ``(D) To any federally recognized Indian Tribe, 640 
                acres.''; and
            (3) in subsection (c)--
                    (A) in the second sentence, by striking ``States and 
                counties and to State and Federal'' and inserting 
                ``States, federally recognized Indian Tribes, and 
                counties and to State, Tribal, Territorial, and 
                Federal''; and
                    (B) in the last sentence, by striking ``, except for 
                a use authorized under the Act of June 1, 1938 (52 Stat. 
                609; 43 U.S.C., sec. 682a), as amended''.

    (b) Conveyance.--Section 2 of the Act of June 14, 1926 (commonly 
known as the ``Recreation and Public Purposes Act'') (44 Stat. 741, 
chapter 578; 43 U.S.C. 869-1), is amended--
            (1) by inserting ``, federally recognized Indian Tribe'' 
        before ``, Territory'' each place it appears;
            (2) by inserting ``Tribal,'' before ``Territorial,'' each 
        place it appears; and
            (3) by inserting ``federally recognized Indian Tribe or'' 
        before ``municipal corporation'' each place it appears.

                   TITLE II--FOREST SERVICE PROVISIONS

SEC. 201. ADMINISTRATION OF THE LAND BETWEEN THE LAKES NATIONAL 
                        RECREATION AREA.

    (a) Definitions.--Section 502 of the Land Between the Lakes 
Protection Act of 1998 (16 U.S.C. 460lll) is amended--
            (1) by redesignating paragraphs (11) through (15) as 
        paragraphs (12) through (16), respectively; and
            (2) by inserting after paragraph (10) the following:
            ``(11) Qualified resident or relative.--The term `qualified 
        resident or relative' means--
                    ``(A) a former resident of the area within the 
                Recreation Area or the spouse of a former resident of 
                that area; or
                    ``(B) a widow, widower, or lineal descendant of an 
                individual buried in a cemetery located in the 
                Recreation Area.''.

[[Page 136 STAT. 5582]]

    (b) Establishment.--Section 511(b) of the Land Between the Lakes 
Protection Act of 1998 (16 U.S.C. 460lll-11(b)) is amended by striking 
paragraph (3) and inserting the following:
            ``(3) Status of unit.--The Secretary shall administer the 
        Recreation Area as a separate unit of the National Forest 
        System.''.

    (c) Advisory Board.--Section 522 of the Land Between the Lakes 
Protection Act of 1998 (16 U.S.C. 460lll-22) is amended--
            (1) in subsection (b)--
                    (A) in the matter preceding paragraph (1), by 
                striking ``17'' and inserting ``13'';
                    (B) by striking paragraphs (4) and (5);
                    (C) in paragraph (3), by adding ``and'' after the 
                semicolon at the end; and
                    (D) by redesignating paragraph (6) as paragraph (4);
            (2) in subsection (c), by striking paragraph (2) and 
        inserting the following:
            ``(2) Nonconsecutive terms.--Members of the Advisory Board 
        may serve multiple terms, but may not serve consecutive 
        terms.'';
            (3) in subsection (f)--
                    (A) in the matter preceding paragraph (1), by 
                striking ``may advise'' and inserting ``shall advise'';
                    (B) in paragraph (1), by striking ``and'' after the 
                semicolon at the end;
                    (C) in paragraph (2), by striking the period at the 
                end and inserting a semicolon; and
                    (D) by adding at the end the following:
            ``(3) an annual work plan for recreation and environment 
        education areas in the Recreation Area, including the heritage 
        program, with the nonappropriated amounts in the Land Between 
        the Lakes Management Fund;
            ``(4) an annual forest management and harvest plan for the 
        Recreation Area; and
            ``(5) the Land Between the Lakes Management Fund.''; and
            (4) in subsection (g)--
                    (A) in paragraph (1), by striking ``biannually'' and 
                inserting ``twice each year'';
                    (B) in paragraph (3), by inserting ``, on a public 
                website of the Department of Agriculture,'' before ``and 
                by''; and
                    (C) by adding at the end the following:
            ``(4) <<NOTE: Public information. Web posting.>>  Minutes.--
        The Secretary shall publish the minutes of each meeting of the 
        Advisory Board on a public website of the Department of 
        Agriculture.''.

    (d) Fees.--Section 523(a) of the Land Between the Lakes Protection 
Act of 1998 (16 U.S.C. 460lll-23(a)) is amended by striking ``may charge 
reasonable fees'' and inserting ``shall charge reasonable fees, in 
consultation with the Advisory Board and consistent with the Federal 
Lands Recreation Enhancement Act (16 U.S.C. 6801 et seq.),''.
    (e) Disposition of Receipts.--Section 524 of the Land Between the 
Lakes Protection Act of 1998 (16 U.S.C. 460lll-24) is amended by 
striking subsection (b) and inserting the following:
    ``(b) Use.--Amounts in the Land Between the Lakes Management Fund 
shall be available to the Secretary until expended,

[[Page 136 STAT. 5583]]

without further appropriation, for construction, improvement, or 
maintenance in the Recreation Area.
    ``(c) Restriction on Use of Fund.--Except as provided in subsection 
(b), amounts in the Land Between the Lakes Management Fund shall not be 
used for management of the Recreation Area, including salaries and 
expenses.''.
    (f) Cooperative Authorities and Gifts.--Section 526 of the Land 
Between the Lakes Protection Act of 1998 (16 U.S.C. 460lll-26) is 
amended by adding at the end the following:
    ``(c) Memoranda of Understanding.--The Secretary may, for purposes 
of carrying out this Act--
            ``(1) enter into memoranda of understanding with State or 
        local government entities, including law enforcement, as 
        appropriate, to clarify jurisdictional matters, such as road 
        management, policing, and other functions that are typically 
        performed by the entity on non-Federal land; and
            ``(2) <<NOTE: Public information. Web posting.>>  make 
        available on a public website of the Department of Agriculture 
        any memoranda of understanding entered into under paragraph 
        (1).''.

    (g) Cemeteries.--Section 528 of the Land Between the Lakes 
Protection Act of 1998 (16 U.S.C. 460lll-28) is amended--
            (1) by striking ``The Secretary'' and inserting the 
        following:

    ``(a) In General.--The Secretary''; and
            (2) by adding at the end the following:

    ``(b) Land for Plots for Qualified Residents or Relatives.--
            ``(1) Requests.--The Secretary, on request from a qualified 
        resident or relative or a cemetery association, shall grant 
        additional land for the minor expansion of existing cemeteries 
        within the Recreation Area, to the extent necessary, to allow 
        for the burial of qualified residents or relatives.
            ``(2) Expenses.--Any expenses required to move border fences 
        or markers due to an expansion under paragraph (1) shall be the 
        responsibility of the person making the request under that 
        paragraph.''.

    (h) Resource Management.--Section 529 of the Land Between the Lakes 
Protection Act of 1998 (16 U.S.C. 460lll-29) is amended by adding at the 
end the following:
    ``(c) Historical Resources.--
            ``(1) In general.--The Secretary shall identify and manage 
        the historical resources of the Recreation Area--
                    ``(A) in accordance with the requirements of 
                division A of subtitle III of title 54, United States 
                Code (formerly known as the `National Historic 
                Preservation Act'); and
                    ``(B) in consultation with qualified residents or 
                relatives.
            ``(2) Consideration.--The Secretary shall--
                    ``(A) in accordance with applicable law, give 
                consideration to requests by qualified residents or 
                relatives to use and maintain traditional sites, 
                buildings, cemeteries, and other areas of cultural 
                importance in the Recreation Area; and
                    ``(B) <<NOTE: Consultation.>>  consult with 
                qualified residents or relatives in the management of 
                the historical resources of the Recreation Area.''.

[[Page 136 STAT. 5584]]

    (i) Authorization of Appropriations.--Section 551 of the Land 
Between the Lakes Protection Act of 1998 (16 U.S.C. 460lll-61) is 
amended--
            (1) in subsection (a)(2), by striking ``Recreation Area 
        area'' and inserting ``Recreation Area''; and
            (2) by striking subsection (c) and inserting the following:

    ``(c) Use of Funds.--
            ``(1) In general.--Except as provided in paragraph (2), the 
        Secretary of Agriculture may expend amounts appropriated to 
        carry out this title in a manner consistent with the authorities 
        exercised by the Tennessee Valley Authority before the transfer 
        of the Recreation Area to the administrative jurisdiction of the 
        Secretary of Agriculture, including campground management and 
        visitor services, paid advertisement, and procurement of food 
        and supplies for resale purposes.
            ``(2) Exception.--The Secretary of Agriculture shall not use 
        amounts appropriated to carry out this title for an activity 
        described in section 524(b).''.
SEC. 202. HAWAII NATIONAL FOREST STUDY.

    (a) Definitions.--In this section:
            (1) Secretary.--The term ``Secretary'' means the Secretary 
        of Agriculture, acting through the Chief of the Forest Service.
            (2) Study area.--The term ``study area'' means the islands 
        of Hawaii, Maui, Molokai, Lanai, Oahu, and Kauai in the State of 
        Hawaii.

    (b) Study.--
            (1) In general.--The Secretary shall conduct a study--
                    (A) <<NOTE: Determination.>>  to determine the 
                suitability and feasibility of establishing a unit of 
                the National Forest System in the study area; and
                    (B) to identify available land within the study area 
                that could be included in the unit described in 
                subparagraph (A).
            (2) Coordination and consultation.--In conducting the study 
        under paragraph (1), the Secretary shall--
                    (A) coordinate with the Hawaii Department of Land 
                and Natural Resources; and
                    (B) consult with the Hawaii Department of 
                Agriculture and other interested governmental entities, 
                private and nonprofit organizations, and any interested 
                individuals.
            (3) Contents.--In conducting the study under paragraph (1), 
        the Secretary shall--
                    (A) consider unique vegetation types that occur in 
                the study area and that should be targeted for inclusion 
                in the unit of the National Forest System described in 
                paragraph (1)(A);
                    (B) <<NOTE: Evaluation.>>  evaluate the ability of 
                the Secretary--
                          (i) to improve and protect forest areas within 
                      the study area; and
                          (ii) to secure favorable water flows within 
                      the study area;
                    (C) <<NOTE: Determination.>>  determine whether the 
                unit of the National Forest System described in 
                paragraph (1)(A) would expand, enhance, or duplicate--
                          (i) resource protection; and
                          (ii) visitor-use opportunities;

[[Page 136 STAT. 5585]]

                    (D) consider parcels of an appropriate size or 
                location to be capable of economical administration as 
                part of the National Forest System separately or jointly 
                with the other land identified under paragraph (1)(B);
                    (E) <<NOTE: Evaluation.>>  evaluate the willingness 
                of landowners to sell or transfer land in the study area 
                to the Secretary;
                    (F) <<NOTE: Evaluation.>>  evaluate the suitability 
                of land in the study area for potential selection and 
                designation as a research natural area or an 
                experimental forest;
                    (G) identify cost estimates for any Federal 
                acquisition, development, operation, and maintenance 
                that would be needed to establish the unit of the 
                National Forest System described in paragraph (1)(A); 
                and
                    (H) consider other alternatives for the 
                conservation, protection, and use of areas within the 
                study area by the Federal Government, State or local 
                government entities, or private and nonprofit 
                organizations.

    (c) Effect.--Nothing in this section authorizes the Secretary to 
take any action that would affect the use of any land owned by the 
United States or not owned by the United States.
    (d) Report.--Not later than 3 years after the date of enactment of 
this Act, the Secretary shall submit to the Committee on Energy and 
Natural Resources of the Senate and the Committee on Natural Resources 
of the House of Representatives a report that describes--
            (1) the results of the study; and
            (2) any conclusions and recommendations of the Secretary.

                TITLE III--LAND CONVEYANCES AND EXCHANGES

SEC. 301. <<NOTE: South Dakota.>>  GILT EDGE MINE CONVEYANCE.

    (a) Definitions.--In this section
            (1) Federal land.--The term ``Federal land'' means all 
        right, title, and interest of the United States in and to 
        approximately 266 acres of National Forest System land within 
        the Gilt Edge Mine Superfund Boundary, as generally depicted on 
        the map.
            (2) Map.--The term ``map'' means the map entitled ``Gilt 
        Edge Mine Conveyance Act'' and dated August 20, 2020.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of Agriculture, acting through the Chief of the Forest Service.
            (4) State.--The term ``State'' means State of South Dakota.

    (b) Land Conveyance.--
            (1) In general.--Subject to the terms and conditions 
        described in this section, if the State submits to the Secretary 
        an offer to acquire the Federal land for the market value, as 
        determined by the appraisal under paragraph (3), the Secretary 
        shall convey the Federal land to the State.
            (2) Terms and conditions.--The conveyance under paragraph 
        (1) shall be--
                    (A) subject to valid existing rights;
                    (B) made by quitclaim deed; and
                    (C) subject to any other terms and conditions as the 
                Secretary considers appropriate to protect the interests 
                of the United States.
            (3) Appraisal.--

[[Page 136 STAT. 5586]]

                    (A) <<NOTE: Determination.>>  In general.--After the 
                State submits an offer under paragraph (1), the 
                Secretary shall complete an appraisal to determine the 
                market value of the Federal land.
                    (B) Standards.--The appraisal under subparagraph (A) 
                shall be conducted in accordance with--
                          (i) the Uniform Appraisal Standards for 
                      Federal Land Acquisitions; and
                          (ii) the Uniform Standards of Professional 
                      Appraisal Practice.
            (4) Map.--
                    (A) Availability of map.--The map shall be kept on 
                file and available for public inspection in the 
                appropriate office of the Forest Service.
                    (B) Correction of errors.--The Secretary may correct 
                any errors in the map.
            (5) Consideration.--As consideration for the conveyance 
        under paragraph (1), the State shall pay to the Secretary an 
        amount equal to the market value of the Federal land, as 
        determined by the appraisal under paragraph (3).
            (6) Survey.--The State shall prepare a survey that is 
        satisfactory to the Secretary of the exact acreage and legal 
        description of the Federal land to be conveyed under paragraph 
        (1).
            (7) Costs of conveyance.--As a condition on the conveyance 
        under paragraph (1), the State shall pay all costs associated 
        with the conveyance, including the cost of--
                    (A) the appraisal under paragraph (3); and
                    (B) the survey under paragraph (6).
            (8) Proceeds from the sale of land.--Any proceeds received 
        by the Secretary from the conveyance under paragraph (1) shall 
        be available to the Secretary until expended, without further 
        appropriation, for the maintenance and improvement of land or 
        administration facilities in the Black Hills National Forest in 
        the State.
            (9) Environmental conditions.--Notwithstanding section 
        120(h)(3)(A) of the Comprehensive Environmental Response, 
        Compensation, and Liability Act of 1980 (42 U.S.C. 
        9620(h)(3)(A)), the Secretary shall not be required to provide 
        any covenant or warranty for the Federal land conveyed to the 
        State under this section.
SEC. 302. CONVEYANCES TO THE UNIVERSITY OF ALASKA.

    (a) Definitions.--In this section:
            (1) Available state-selected land.--The term ``available 
        State-selected land'' means Federal land in the State that has 
        been selected by the State pursuant to section 6(b) of Public 
        Law 85-508 (commonly known as the ``Alaska Statehood Act'') (48 
        U.S.C. note prec. 21), including land upon which the State has, 
        prior to December 31, 1993, filed a future selection application 
        under section 906(e) of the Alaska National Interest Lands 
        Conservation Act (43 U.S.C. 1635(e)), but not conveyed or 
        patented to the State, pursuant to Public Law 85-508 (commonly 
        known as the ``Alaska Statehood Act'') (48 U.S.C. note prec. 
        21).
            (2) Inholding.--The term ``inholding'' means any interest in 
        land owned by the University within--

[[Page 136 STAT. 5587]]

                    (A) any conservation system unit (as defined in 
                section 102 of the Alaska National Interest Lands 
                Conservation Act (16 U.S.C. 3102)); or
                    (B) any unit of the National Forest System in the 
                State.
            (3) Secretary.--The term ``Secretary'' means the Secretary, 
        acting through the Director of the Bureau of Land Management.
            (4) State.--The term ``State'' means the State of Alaska.
            (5) University.--The term ``University'' means the 
        University of Alaska, acting through the Board of Regents.

    (b) Establishment.--The Secretary shall establish a program within 
the Bureau of Land Management--
            (1) to identify and convey available State-selected land to 
        the University to support higher education in the State; and
            (2) to acquire, by purchase or exchange, University-owned 
        inholdings in the State.

    (c) Identification of Land to Be Conveyed to the University.--
            (1) <<NOTE: Deadline.>>  In general.--Not later than 4 years 
        after the date of enactment of this Act, the State and the 
        University may jointly identify not more than 500,000 acres of 
        available State-selected land for inclusion in the program 
        established under subsection (b), of which not more than 360,000 
        acres may be conveyed and patented to the University.
            (2) Technical assistance.--On the request of the State and 
        the University, the Secretary shall provide technical assistance 
        in the identification of available State-selected land for 
        inclusion in the program established under subsection (b).
            (3) Maps.--As soon as practicable after the date on which 
        the available State-selected land is identified under paragraph 
        (1), the Secretary shall submit to the Committee on Energy and 
        Natural Resources of the Senate and the Committee on Natural 
        Resources of the House of Representatives 1 or more maps 
        depicting the available State-selected land identified for 
        potential conveyance to the University.
            (4) <<NOTE: Notification.>>  Conveyance.--Subject to 
        paragraph (5), if the State and the University notify the 
        Secretary in writing that the State and the University jointly 
        concur with the conveyance of all or a portion of the available 
        State-selected land identified under paragraph (1), and that the 
        State will conditionally relinquish the selection rights of the 
        State to the land covered by the notification on the issuance of 
        the land being tentatively approved, and will fully relinquish 
        those selection rights on final patent by the Secretary to the 
        University, the Secretary shall convey the applicable identified 
        available State-selected land to the University, subject to 
        valid existing rights, in the same manner and subject to the 
        same terms, conditions, and limitations as is applicable to the 
        State under section 6(b) of Public Law 85-508 (commonly known as 
        the ``Alaska Statehood Act'') (48 U.S.C. note prec. 21) and 
        other applicable law, to be held in trust for the exclusive use 
        and benefit of the University, to be administered in accordance 
        with subsection (e).
            (5) Terms and conditions.--

[[Page 136 STAT. 5588]]

                    (A) Maximum acreage.--Subject to subparagraph (C), 
                the Secretary shall convey not more than a total of 
                360,000 acres of available State-selected land to the 
                University under this subsection, not to exceed the 
                remaining entitlement of the State under section 6(b) of 
                Public Law 85-508 (commonly known as the ``Alaska 
                Statehood Act'') (48 U.S.C. note prec. 21).
                    (B) Letters of concurrence.--For purposes of 
                paragraph (4) and subject to the maximum acreage 
                limitation under paragraph (1), the State and the 
                University may submit to the Secretary 1 or more joint 
                letters of concurrence identifying parcels of available 
                State selected land for conveyance as a subset of the 
                total acres to be conveyed under this subsection.
                    (C) Acreage charged against alaska statehood act 
                entitlement.--The acreage of land conveyed to the 
                University under this subsection shall be charged 
                against the remaining entitlement of the State under 
                section 6(b) of Public Law 85-508 (commonly known as the 
                ``Alaska Statehood Act'') (48 U.S.C. note prec. 21).
                    (D) Survey costs.--In accordance with Public Law 85-
                508 (commonly known as the ``Alaska Statehood Act'') (48 
                U.S.C. note prec. 21), the Secretary shall be 
                responsible for the costs of required surveys.
                    (E) Submerged lands.--Lands beneath navigable waters 
                (as defined in section 2 of the Submerged Lands Act (43 
                U.S.C. 1301)) shall not be available for conveyance to 
                the University under the program established under 
                subsection (b).

    (d) University of Alaska Inholdings.--
            (1) In general.--The Secretary or the Secretary of 
        Agriculture, as appropriate, may acquire by purchase or 
        exchange, with the consent of the University, University-owned 
        inholdings within Federal land in the State.
            (2) <<NOTE: Determination.>>  Appraisals.--The value of the 
        land to be exchanged or acquired under this subsection shall be 
        determined by the Secretary or the Secretary of Agriculture, as 
        appropriate, through appraisals conducted--
                    (A) in accordance with--
                          (i) the Uniform Appraisal Standards for 
                      Federal Land Acquisitions; and
                          (ii) the Uniform Standards of Professional 
                      Appraisal Practice; and
                    (B) by a qualified appraiser mutually agreed to by 
                the Secretary or the Secretary of Agriculture, as 
                appropriate, and the University.
            (3) Equal value exchanges.--For any land exchange entered 
        into under this subsection, the Federal land and University-
        owned inholdings exchanged shall be of equal value.
            (4) Purchase acquisitions.--Pursuant to chapter 2003 of 
        title 54, United States Code, amounts in the Land and Water 
        Conservation Fund established by section 200302 of that title 
        may be used for the purchase of University-owned inholdings 
        within Federal land in the State under this subsection.
            (5) Requirement.--Any land acquired by the United States 
        under this subsection shall be administered in accordance with

[[Page 136 STAT. 5589]]

        the laws (including regulations) applicable to the conservation 
        system unit or unit of the National Forest System in which the 
        land is located.

    (e) Administration of Conveyed or Exchanged Land.--All available 
State-selected land that is tentatively approved or conveyed to the 
University under this section, and all land or assets acquired by the 
University through an exchange under this section, together with the 
income therefrom and the proceeds from any dispositions thereof, shall 
be administered by the University in trust to meet the necessary 
expenses of higher education programs, similar to prior Federal land 
grants to the University.
    (f) State and University Participation.--Nothing in this section 
requires the State or the University--
            (1) to participate in the program established under 
        subsection (b); or
            (2) to enter into sales or exchanges of University-owned 
        inholdings under subsection (d).

    (g) <<NOTE: Deadline.>>  Congressional Notification.--Not later than 
90 days after the date of any conveyance and patent to the University 
under this section, the Secretary shall notify the Committee on Energy 
and Natural Resources of the Senate and the Committee on Natural 
Resources of the House of Representatives of the land conveyed and 
patented.

    (h) No Effect on Alaska Statehood Act Entitlement.--Except for any 
available State-selected land conveyed under subsection (c) and charged 
against the remaining entitlement of the State under section 6(b) of 
Public Law 85-508 (commonly known as the ``Alaska Statehood Act'') (48 
U.S.C. note prec. 21)--
            (1) the operation of the program established under 
        subsection (b) shall not diminish or alter the rights of the 
        State to receive the entitlement of the State in any way; and
            (2) the State may continue to pursue the transfer of the 
        remaining entitlement of the State under section 6(b) of Public 
        Law 85-508 (commonly known as the ``Alaska Statehood Act'') (48 
        U.S.C. note prec. 21) at any time.
SEC. 303. BONNEVILLE SHORELINE TRAIL WILDERNESS BOUNDARY 
                        ADJUSTMENTS.

    (a) Wilderness Area Included in Mount Olympus Wilderness.-- Section 
102(a) of the Utah Wilderness Act of 1984 (Public Law 98-428; 98 Stat. 
1657; 16 U.S.C. 1132 note) is amended--
            (1) in paragraph (11), by striking ``and'' at the end;
            (2) in paragraph (12), by striking the period at the end and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(13) certain lands in the Uinta-Wasatch-Cache National 
        Forest which comprise approximately 326.27 acres as generally 
        depicted on a map entitled the `Bonneville Shoreline Trail 
        Legislative Map' dated July 9, 2020, are, subject to valid 
        existing rights, hereby incorporated as part of the Mount 
        Olympus Wilderness designated under paragraph (3).''.

    (b) Wilderness Boundary Adjustments.--
            (1) Mount naomi wilderness boundary adjustment.--
                    (A) Adjustment.--Section 102 of the Utah Wilderness 
                Act of 1984 (Public Law 98-428; 98 Stat. 1657; 16 U.S.C. 
                1132 note) is amended by adding at the end the 
                following:

[[Page 136 STAT. 5590]]

    ``(c) Mount Naomi Wilderness Boundary Adjustment.--Certain lands in 
the Uinta-Wasatch-Cache National Forest which comprise approximately 
11.17 acres as generally depicted on a map entitled the `Bonneville 
Shoreline Trail Legislative Map', dated July 9, 2020, are hereby removed 
from the Mount Naomi Wilderness designated under subsection (a)(1).''.
                    (B) Management.--The Mount Naomi Wilderness, as 
                designated under section 102(a)(1) of the Utah 
                Wilderness Act of 1984 (Public Law 98-428; 98 Stat. 
                1658; 16 U.S.C. 1132 note) and adjusted under 
                subparagraph (A), effective beginning on the date of 
                enactment of this Act, shall be managed as part of the 
                Uinta-Wasatch-Cache National Forest.
            (2) Mount olympus wilderness boundary adjustment.--
                    (A) Adjustment.--Section 102 of the Utah Wilderness 
                Act of 1984 (Public Law 98-428; 98 Stat. 1657; 16 U.S.C. 
                1132 note), as amended by paragraph (1)(A), is amended 
                by adding at the end the following:

    ``(d) Mount Olympus Wilderness Boundary Adjustment.--Certain lands 
in the Uinta-Wasatch-Cache National Forest which comprise approximately 
197.4 acres as generally depicted on a map entitled the `Bonneville 
Shoreline Trail Legislative Map', dated July 9, 2020, are hereby removed 
from the Mount Olympus Wilderness designated under subsection (a)(3).''.
                    (B) Management.--The Mount Olympus Wilderness, as 
                designated under section 102(a)(3) of the Utah 
                Wilderness Act of 1984 (Public Law 98-428; 98 Stat. 
                1658; 16 U.S.C. 1132 note) and adjusted under 
                subparagraph (A), effective beginning on the date of 
                enactment of this Act, shall be managed as part of the 
                Uinta-Wasatch-Cache National Forest.
            (3) Twin peaks wilderness boundary adjustment.--
                    (A) Adjustment.--Section 102 of the Utah Wilderness 
                Act of 1984 (Public Law 98-428; 98 Stat. 1657; 16 U.S.C. 
                1132 note), as amended by paragraphs (1) and (2), is 
                amended by adding at the end the following:

    ``(e) Twin Peaks Wilderness Boundary Adjustment.--Certain lands in 
the Uinta-Wasatch-Cache National Forest which comprise approximately 9.8 
acres as generally depicted on a map entitled the `Bonneville Shoreline 
Trail Legislative Map', dated July 9, 2020, are hereby removed from the 
Twin Peaks Wilderness designated under subsection (a)(4).''.
                    (B) Management.--The Twin Peaks Wilderness, as 
                designated under section 102(a)(4) of the Utah 
                Wilderness Act of 1984 (Public Law 98-428; 98 Stat. 
                1658; 16 U.S.C. 1132 note) and adjusted under 
                subparagraph (A), effective beginning on the date of 
                enactment of this Act, shall be managed as part of the 
                Uinta-Wasatch-Cache National Forest.
            (4) Lone peak wilderness boundary adjustment.--
                    (A) Adjustment.--Section 2 of the Endangered 
                American Wilderness Act of 1978 (Public Law 95-237; 92 
                Stat. 42; 16 U.S.C. 1132 note) is amended--
                          (i) in subsection (j), by striking ``and'' at 
                      the end;
                          (ii) in subsection (k), by striking the period 
                      at the end and inserting ``; and''; and
                          (iii) by adding at the end the following:

[[Page 136 STAT. 5591]]

    ``(l) certain lands in the Uinta-Wasatch-Cache National Forest, 
Utah, which comprise approximately 107.9 acres as generally depicted on 
a map entitled the `Bonneville Shoreline Trail Legislative Map', dated 
July 9, 2020, are hereby removed from the Lone Peak Wilderness Area 
designated under subsection (i).''.
                    (B) Management.--The Lone Peak Wilderness Area, as 
                designated under section 2(i) of the Endangered American 
                Wilderness Act of 1978 (Public Law 95-237; 92 Stat. 42; 
                16 U.S.C. 1132 note) and adjusted under subparagraph 
                (A), effective beginning on the date of enactment of 
                this Act, shall be managed as part of the Uinta-Wasatch-
                Cache National Forest.

    (c) Rule of Construction.--Nothing in this section or the amendments 
made by this section--
            (1) affects the use or allocation, in existence on the date 
        of enactment of this Act, of any water, water right, or interest 
        in water;
            (2) affects any water right (as defined by applicable State 
        law) in existence on the date of enactment of this Act, 
        including any water right held by the United States;
            (3) affects any interstate water compact in existence on the 
        date of enactment of this Act; or
            (4) shall be considered to be a relinquishment or reduction 
        of any water rights reserved or appropriated by the United 
        States in the State on or before the date of enactment of this 
        Act.

    (d) Map.--
            (1) Map on file.--The map entitled the ``Bonneville 
        Shoreline Trail Legislative Map'', dated July 9, 2020, shall be 
        on file and available for inspection in the office of the Chief 
        of the Forest Service.
            (2) Corrections.--The Secretary of Agriculture may make 
        technical corrections to the map described in paragraph (1).
SEC. 304. ARIZONA EXPERIMENT STATION LAND CONVEYANCE.

    (a) Definitions.--In this section:
            (1) Easement.--The term ``easement'' means an easement to 
        access and use Forest Service Road 9201D from its junction with 
        Forest Service Road 0618 (commonly known as ``Beaver Creek'').
            (2) Federal land.--The term ``Federal land'' means the 
        approximately 13.3 acres of National Forest System land within 
        the Coconino National Forest in the State of Arizona, as 
        generally depicted on the map entitled ``Act to Convey Certain 
        NFS Land and non-Federal Land in Arizona Winter Quarters'' and 
        dated June 20, 2019.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of Agriculture.
            (4) University.--The term ``University'' means the Arizona 
        Board of Regents, acting on behalf of the University of Arizona 
        Experiment Station.

    (b) Coconino National Forest Land Conveyance.--
            (1) <<NOTE: Deadlines.>>  Conveyance authorized.--Subject to 
        this subsection, if the University submits to the Secretary not 
        later than 180 days after the date of enactment of this Act a 
        written request to acquire the Federal land for market value, as 
        determined by the appraisal conducted under paragraph (4), the 
        Secretary

[[Page 136 STAT. 5592]]

        shall, not later than 1 year after the date of enactment of this 
        Act, convey to the University all right, title, and interest of 
        the United States in and to that land, including related 
        infrastructure, improvements, and easements on that land.
            (2) Terms and conditions.--The conveyance authorized under 
        paragraph (1) shall be--
                    (A) subject to valid existing rights;
                    (B) notwithstanding any other provision of law; and
                    (C) subject to any other terms and conditions as 
                considered appropriate by the Secretary.
            (3) Forest service access.--The Secretary shall retain all 
        other rights not included in the conveyance authorized under 
        paragraph (1) to Forest Service Road 9201D from its junction 
        with Forest Service Road 0618 (commonly known as ``Beaver 
        Creek''), including the maintenance of, and continued 
        administrative access to, that road.
            (4) Appraisal.--
                    (A) <<NOTE: Deadline. Determination.>>  In 
                general.--Not later than 90 days after the date on which 
                the University submits a written request under paragraph 
                (1), the Secretary shall complete an appraisal to 
                determine the market value of the Federal land.
                    (B) Standards.--The appraisal under subparagraph (A) 
                shall be conducted in accordance with--
                          (i) the Uniform Appraisal Standards for 
                      Federal Land Acquisitions; and
                          (ii) the Uniform Standards of Professional 
                      Appraisal Practice.
SEC. 305. <<NOTE: Washington.>>  WIND RIVER ADMINISTRATIVE SITE 
                        CONVEYANCE.

    (a) Definitions.--In this section:
            (1) County.--The term ``County'' means Skamania County, 
        Washington.
            (2) Map.--The term ``map'' means the map entitled ``Wind 
        River Administrative Site Conveyance Proposal'' and dated July 
        7, 2020.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of Agriculture, acting through the Chief of the Forest Service.

    (b) <<NOTE: Deadlines.>>  Conveyance of Land and Improvements.--If 
the County submits a written request to the Secretary not later than 180 
days after the date of enactment of this Act, the Secretary shall, not 
later than 2 years after the date of the enactment of this Act, convey 
to the County all right, title, and interest of the United States in and 
to the approximately 23.4 acres of National Forest System land, related 
infrastructure, and all improvements, as generally depicted as 
``proposed conveyance'' on the map.

    (c) Map.--
            (1) Availability of map.--The map shall be kept on file and 
        available for public inspection in the appropriate office of the 
        Forest Service.
            (2) Correction of errors.--The Secretary may correct minor 
        errors in the map.

    (d) Terms and Conditions.--
            (1) In general.--The conveyance under subsection (b) shall 
        be--
                    (A) subject to valid existing rights;

[[Page 136 STAT. 5593]]

                    (B) notwithstanding any other provision of law, made 
                without consideration;
                    (C) made by quitclaim deed;
                    (D) subject to a right-of-way and restrictive 
                easement reservation of a width to be determined by the 
                Secretary, for the protection of the Pacific Crest 
                National Scenic Trail;
                    (E) completed in accordance with the Forest Service 
                Facility Realignment and Enhancement Act of 2005 (16 
                U.S.C. 580d note; Public Law 109-54), except that 
                subsections (b) and (c) of section 504 of that Act shall 
                not apply;
                    (F) subject to right-of-way reservations made 
                pursuant to section 507 of the Federal Land Policy and 
                Management Act of 1976 (43 U.S.C. 1767);
                    (G) subject to the County managing a portion of the 
                land conveyed under subsection (b) for public 
                recreational purposes;
                    (H) subject to the County retaining ownership of the 
                land conveyed under subsection (b) in perpetuity; and
                    (I) subject to any other terms and conditions as the 
                Secretary determines appropriate.
            (2) Reversion.--The land conveyed under subsection (b) 
        shall, at the discretion of the Secretary, revert to the United 
        States if--
                    (A) the land is used in a manner that is 
                inconsistent with the use described in paragraph (1)(G); 
                or
                    (B) the County attempts to dispose of the land.

    (e) Federal Property Disposal.--Chapter 5 of subtitle I of title 40, 
United States Code, shall not apply to the conveyance under subsection 
(b).
    (f) Hazardous Materials.--With respect to the conveyance under 
subsection (b), the Secretary--
            (1) shall meet disclosure requirements for hazardous 
        substances, pollutants, or contaminants under section 120(h) of 
        the Comprehensive Environmental Response, Compensation, and 
        Liability Act of 1980 (42 U.S.C. 9620(h)); and
            (2) shall not otherwise be required to remediate or abate 
        the hazardous substances, pollutants, or contaminants disclosed 
        pursuant to paragraph (1).

    (g) Closing Costs.--As a condition for the conveyance under 
subsection (b), the County shall pay all closing costs associated with 
the conveyance, including for--
            (1) title insurance and title search; and
            (2) any applicable inspection fees, escrow fees, attorneys' 
        fees, and recording fees.

    (h) Survey.--
            (1) <<NOTE: Determination.>>  In general.--The exact acreage 
        and legal description of the National Forest System land to be 
        conveyed under subsection (b) shall be determined by a survey 
        satisfactory to the Secretary.
            (2) Costs of survey.--The Secretary may bear all costs 
        associated with the survey under paragraph (1).

    (i) Use of Land.--
            (1) In general.--The land and related infrastructure 
        conveyed under subsection (b) shall be maintained by the County 
        pursuant to standards established by the Secretary of the 
        Interior under section 306101 of title 54, United States Code.

[[Page 136 STAT. 5594]]

            (2) Reversion.--If any portion of the land conveyed under 
        subsection (b) is used in a manner that is inconsistent with the 
        use described in paragraph (1), the land shall, at the 
        discretion of the Secretary, revert to the United States.
SEC. 306. RIGHT-OF-WAY PERMIT FOR NATURAL GAS DISTRIBUTION MAIN 
                        SEGMENT AT VALLEY FORGE NHP.

    (a) In General.--Notwithstanding any other provision of law, the 
Secretary may issue a right-of-way permit pursuant to part 14 of title 
36, Code of Federal Regulations (as in effect on the date of the 
enactment of this Act), for the covered main segment if the covered main 
segment is relocated to a proposed realignment of Valley Forge Park Road 
and North Gulph Road within the Park.
    (b) <<NOTE: Applicability.>>  Scope of Authority.--The authority to 
grant a right-of-way permit under subsection (a) shall apply only to the 
covered main segment and shall not apply to any other part of the 
natural gas distribution main system or any other pipeline system within 
the Park.

    (c) Definitions.--In this section:
            (1) Covered main segment.--The term ``covered main segment'' 
        means the portions of the natural gas distribution main 
        (including all appurtenances used in the operation of such main) 
        within the Park--
                    (A) existing on the date of the enactment of this 
                Act; and
                    (B) that are located under, along, or adjacent to 
                the segments of North Gulph Road and Valley Forge Park 
                Road (SR3039 and SR0023 respectively, as those roads 
                were aligned on January 21, 2022) that are between--
                          (i) the intersection of North Gulph Road with 
                      Richards Road; and
                          (ii) a point on Valley Forge Park Road located 
                      500 feet northwest of its intersection with County 
                      Line Road.
            (2) Park.--The term ``Park'' means Valley Forge National 
        Historical Park.

              TITLE IV--WILD AND SCENIC RIVER DESIGNATIONS

SEC. 401. DESIGNATION OF YORK WILD AND SCENIC RIVER, MAINE.

    (a) Designation.--Section 3(a) of the Wild and Scenic Rivers Act (16 
U.S.C. 1274(a)) is amended by adding at the end the following:
            ``(231) York river, maine.--The following segments of the 
        main stem and tributaries (including portions of Bass Cove 
        Creek, Cider Hill Creek, Cutts Ridge Brook, Dolly Gordon Brook, 
        Libby Brook, Rogers Brook, and Smelt Brook) in the State of 
        Maine, totaling approximately 30.8 miles, to be administered by 
        the Secretary of the Interior, as a recreational river:
                    ``(A) The approximately 0.95-mile segment of Bass 
                Cove Creek from the outlet of Boulter Pond in York, 
                Maine, and extending downstream to the confluence with 
                the York River in York, Maine.

[[Page 136 STAT. 5595]]

                    ``(B) The approximately 3.77-mile segment of Cider 
                Hill Creek from the Middle Pond dam in York, Maine, and 
                extending downstream to the confluence with the York 
                River in York, Maine.
                    ``(C) The approximately 2.15-mile segment of Cutts 
                Ridge Brook from the headwaters in Kittery, Maine, and 
                extending downstream to the confluence with the York 
                River in York, Maine.
                    ``(D) The approximately 3.17-mile segment of Dolly 
                Gordon Brook from the headwaters in York, Maine, and 
                extending downstream to the confluence with the York 
                River in York, Maine.
                    ``(E) The approximately 1.65-mile segment of Libby 
                Brook from the headwaters in Kittery, Maine, and 
                extending downstream to the confluence with Dolly Gordon 
                Brook in York, Maine.
                    ``(F) The approximately 2.43-mile segment of Rogers 
                Brook from the headwaters in Eliot, Maine, and extending 
                downstream to the confluence with the York River in 
                York, Maine.
                    ``(G) The approximately 4.54-mile segment of Smelt 
                Brook from the Bell Marsh Reservoir dam in York, Maine, 
                and extending downstream to the confluence with the York 
                River in York, Maine.
                    ``(H) The approximately 12.14-mile segment of the 
                York River from the outlet of York Pond in Eliot, Maine, 
                and extending downstream to the Route 103 Bridge in 
                York, Maine, including Barrell Mill Pond in York, 
                Maine.''.

    (b) <<NOTE: 16 USC 1274 note.>>  Management of York Wild and Scenic 
River, Maine.--
            (1) Definitions.--In this subsection:
                    (A) Covered segment.--The term ``covered segment'' 
                means a river segment designated by paragraph (231) of 
                section 3(a) of the of the Wild and Scenic Rivers Act 
                (16 U.S.C. 1274(a)) (as added by subsection (a)).
                    (B) State.--The term ``State'' means the State of 
                Maine.
                    (C) Stewardship committee.--The term ``Stewardship 
                Committee'' means the York River Stewardship Committee.
                    (D) Stewardship plan.--The term ``stewardship plan'' 
                means the plan entitled the ``York River Watershed 
                Stewardship Plan'', dated August 2018, and developed 
                pursuant to the study described in section 5(b)(21) of 
                the Wild and Scenic Rivers Act (16 U.S.C. 1276(b)(21)).
            (2) Stewardship plan.--
                    (A) In general.--The Secretary shall manage the 
                covered segments in accordance with--
                          (i) the stewardship plan; and
                          (ii) any amendments to the stewardship plan 
                      that--
                                    (I) the Secretary determines are 
                                consistent with this section; and
                                    (II) are approved by the Stewardship 
                                Committee.
                    (B) Comprehensive management plan.--The stewardship 
                plan shall be considered to satisfy the requirements for 
                a comprehensive management plan under section 3(d) of 
                the Wild and Scenic Rivers Act (16 U.S.C. 1274(d)).

[[Page 136 STAT. 5596]]

            (3) Coordination with committee.--The Secretary shall 
        coordinate the management responsibilities of the Secretary 
        under this section and the amendments made by this section with 
        the Stewardship Committee, as provided in the stewardship plan.
            (4) Cooperative agreements.--
                    (A) In general.--To provide for the long-term 
                protection, preservation, and enhancement of the covered 
                segments, the Secretary may enter into cooperative 
                agreements pursuant to sections 10(e) and 11(b)(1) of 
                the Wild and Scenic Rivers Act (16 U.S.C. 1281(e), 
                1282(b)(1)) with--
                          (i) the State;
                          (ii) the towns of Eliot, Kittery, South 
                      Berwick, and York in the State; and
                          (iii) appropriate local, regional, or State 
                      planning, environmental, or recreational 
                      organizations.
                    (B) Consistency.--Each cooperative agreement entered 
                into under this paragraph--
                          (i) shall be consistent with the stewardship 
                      plan; and
                          (ii) may include provisions for Federal 
                      financial or other assistance.
            (5) Land management.--
                    (A) Zoning ordinances.--For the purposes of the 
                covered segments, the zoning ordinances adopted by the 
                towns described in paragraph (4)(A)(ii), including any 
                provisions for the conservation of floodplains, 
                wetlands, and watercourses associated with the covered 
                segments, shall be considered to satisfy the 
                requirements of section 6(c) of the Wild and Scenic 
                Rivers Act (16 U.S.C. 1277(c)).
                    (B) Acquisition of land.--The authority of the 
                Secretary to acquire land for the purposes of the 
                covered segments shall be--
                          (i) limited to acquisition by donation or 
                      acquisition with the consent of the owner of the 
                      land; and
                          (ii) subject to the additional criteria 
                      provided in the stewardship plan.
                    (C) No condemnation.--No land or interest in land 
                within the watersheds of the covered segments may be 
                acquired by condemnation.
            (6) Relation to the national park system.--Notwithstanding 
        section 10(c) of the Wild and Scenic Rivers Act (16 U.S.C. 
        1281(c)), the covered segments shall not be--
                    (A) administered as a unit of the National Park 
                System; or
                    (B) subject to the laws (including regulations) 
                applicable to the National Park System.
SEC. 402. DESIGNATION OF HOUSATONIC WILD AND SCENIC RIVER, 
                        CONNECTICUT.

    (a) Amendments to Wild and Scenic Rivers Act.--Section 3(a) of the 
Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) (as amended by section 
401(a)) is amended by adding at the end the following:
            ``(232) Housatonic river, connecticut.--

[[Page 136 STAT. 5597]]

                    ``(A) In general.--The following segments of the 
                Housatonic River in the State of Connecticut, to be 
                administered by the Secretary of the Interior:
                          ``(i) The approximately 14.9-mile segment from 
                      the Massachusetts-Connecticut boundary to the 
                      covered bridge in West Cornwall, as a scenic 
                      river.
                          ``(ii) The approximately 4.1-mile segment from 
                      the covered bridge in West Cornwall to the 
                      Cornwall Bridge, as a recreational river.
                          ``(iii) The approximately 9.1-mile segment 
                      from the Cornwall Bridge to the Route 341 bridge 
                      in Kent, as a scenic river.
                          ``(iv) The approximately 12.2-mile segment 
                      from the Route 341 bridge in Kent to the Boardman 
                      Bridge in New Milford, as a recreational river.
                    ``(B) Effects on hydroelectric facilities.--The 
                designation of the river segments in subparagraph (A) 
                shall not--
                          ``(i) impact or alter the existing terms of 
                      permitting, licensing, or operation of--
                                    ``(I) the Falls Village 
                                Hydroelectric Generating Station located 
                                in Falls Village, Connecticut (FERC P-
                                2576); or
                                    ``(II) the Bulls Bridge 
                                Hydroelectric Generating Station located 
                                in New Milford, Connecticut (FERC P-
                                2576); or
                          ``(ii) preclude the Federal Energy Regulatory 
                      Commission from licensing, relicensing, or 
                      otherwise authorizing the operation or continued 
                      operation of the facilities named in clause 
                      (i).''.

    (b) <<NOTE: 16 USC 1274 note.>>  Management.--
            (1) Process.--The Housatonic River segments shall be managed 
        in accordance with--
                    (A) the Management Plan; and
                    (B) such amendments to the Management Plan as the 
                Secretary determines are consistent with this section 
                and the Wild and Scenic Rivers Act (16 U.S.C. 1271 et 
                seq.).
            (2) Comprehensive management plan.--The Management Plan 
        shall be considered to satisfy the requirements for a 
        comprehensive management plan under section 3(d) of the Wild and 
        Scenic Rivers Act (16 U.S.C. 1274(d)).
            (3) Cooperative management.--
                    (A) In general.--To provide for long-term 
                protection, preservation, and enhancement of the 
                Housatonic River segments, the Secretary shall 
                coordinate management responsibilities under this 
                section, and may enter into cooperative agreements 
                pursuant to sections 10(e) and 11(b)(1) of the Wild and 
                Scenic Rivers Act (16 U.S.C. 1281(e) and 1282(b)(1)), 
                with--
                          (i) the State of Connecticut;
                          (ii) the towns of Sharon, Canaan, Cornwall, 
                      Salisbury, New Milford, Kent, and North Canaan, 
                      Connecticut; and
                          (iii) appropriate planning, environmental, and 
                      recreational organizations, including--
                                    (I) local, regional, State, and 
                                multistate organizations; and

[[Page 136 STAT. 5598]]

                                    (II) any other appropriate 
                                organizations, as determined by the 
                                Housatonic River Commission, or its 
                                successor organization, as defined in 
                                the Management Plan.
                    (B) Cooperative agreements.--Each cooperative 
                agreement entered into under this paragraph shall be 
                consistent with the Management Plan and may include 
                provisions for financial or other assistance from the 
                United States.
            (4) Zoning ordinances.--For the purposes of the Housatonic 
        River segments, the zoning ordinances adopted by the 
        municipalities named in paragraph (3)(A)(ii) shall be deemed to 
        satisfy the standards and requirements of section 6(c) of the 
        Wild and Scenic Rivers Act (16 U.S.C. 1277(c)).
            (5) Acquisition of lands.--The authority of the Secretary to 
        acquire land for the Housatonic River segments shall be--
                    (A) limited to acquisition by donation or 
                acquisition with the consent of the owner thereof; and
                    (B) subject to the additional criteria set forth in 
                the Management Plan.
            (6) No condemnation.--No land or interest in land may be 
        acquired for the Housatonic River segments by condemnation.
            (7) Relation to the national park system.--Notwithstanding 
        section 10(c) of the Wild and Scenic Rivers Act (16 U.S.C. 
        1281(c)), the Housatonic River segments shall not be--
                    (A) administered as a part or unit of the National 
                Park System; or
                    (B) subject to regulations that govern the National 
                Park System.
            (8) Definitions.--In this subsection:
                    (A) Management plan.--The term ``Management Plan'' 
                means the Housatonic River Management Plan, dated 
                September 2006.
                    (B) Housatonic river segments.--The term 
                ``Housatonic River segments'' means the river segments 
                designated by the amendments made by subsection(a).
SEC. 403. DESIGNATION FOR STUDY OF WILD AND SCENIC RIVER SEGMENTS, 
                        LITTLE MANATEE RIVER, FLORIDA.

    (a) In General.--Section 5(a) of the Wild and Scenic Rivers Act (16 
U.S.C. 1276(a)) is amended by adding at the end the following:
            ``(145) Little manatee river, florida.--The approximately 
        50-mile segment beginning at the source in southeastern 
        Hillsborough County, Florida, downstream to the point at which 
        the river enters Tampa Bay, including appropriate tributaries, 
        but shall not include--
                    ``(A) those portions lying within Manatee County, 
                Florida, and being more particularly described as Parcel 
                ID 247800059, Parcel ID 248200008, and Parcel ID 
                248100000; and
                    ``(B) South Fork.''.

    (b) Study and Report.--Section 5(b) of the Wild and Scenic Rivers 
Act (16 U.S.C. 1276(b)) is amended by adding at the end the following:

[[Page 136 STAT. 5599]]

            ``(22) Little manatee river, florida.--Not later than 3 
        years after the date on which funds are made available to carry 
        out this paragraph, the Secretary of the Interior shall--
                    ``(A) complete the study of the Little Manatee 
                River, Florida named in subsection (a)(145); and
                    ``(B) submit to the Committee on Energy and Natural 
                Resources of the Senate and the Committee on Natural 
                Resources of the House of Representatives a report that 
                describes the results of the study.''.

    (c) <<NOTE: 16 USC 1276 note.>>  Effect on Management.--This section 
and the amendments made by this section shall not interfere with the 
current management of the area of the Little Manatee River described in 
paragraph (145) of section 5(a) of the Wild and Scenic Rivers Act (16 
U.S.C. 1276(a)), nor shall the fact that such area is listed for study 
under that Act be used as justification for more restrictive management 
until Congress acts on the study recommendations.
SEC. 404. DESIGNATION FOR STUDY OF WILD AND SCENIC RIVER SEGMENTS, 
                        KISSIMMEE RIVER, FLORIDA.

    (a) In General.--Section 5(a) of the Wild and Scenic Rivers Act (16 
U.S.C. 1276(a)) (as amended by section 403(a)) is amended by adding at 
the end the following:
            ``(146) Kissimmee river, florida.--The restored segment of 
        the Kissimmee River, beginning approximately 16 miles downstream 
        of Lake Kissimmee and ending approximately 15 miles upstream of 
        Lake Okeechobee.''.

    (b) Studies and Reports.--Section 5(b) of the Wild and Scenic Rivers 
Act (16 U.S.C. 1276(b)) (as amended by section 403(b)) is amended by 
adding at the end the following:
            ``(23) <<NOTE: Deadline.>>  Kissimmee river, florida.--Not 
        later than 3 years after the date on which funds are made 
        available to carry out this paragraph, the Secretary of the 
        Interior shall--
                    ``(A) complete the study of the Kissimmee River, 
                Florida named in paragraph (146) of subsection (a); and
                    ``(B) submit to the Committee on Energy and Natural 
                Resources of the Senate and the Committee on Natural 
                Resources of the House of Representatives a report that 
                describes the results of the study.''.

    (c) <<NOTE: 16 USC 1276 note.>>  Effect on Management.--This section 
and the amendments made by this section shall not interfere with the 
current management of the area of the Kissimmee River described in 
paragraph (146) of section 5(a) of the Wild and Scenic Rivers Act (16 
U.S.C. 1276(a)), nor shall the fact that such area is listed for study 
under that Act be used as justification for more restrictive management 
until Congress acts on the study recommendations.

                     TITLE V--NATIONAL TRAILS SYSTEM

SEC. 501. DESIGNATION OF THE CHILKOOT NATIONAL HISTORIC TRAIL.

    Section 5(a) of the National Trails System Act (16 U.S.C. 1244(a)) 
is amended by adding at the end the following:
            ``(31) Chilkoot national historic trail.--
                    ``(A) In general.--The Chilkoot National Historic 
                Trail, an approximately 16.5-mile route within the 
                Klondike Gold Rush National Historical Park that was 
                traditionally

[[Page 136 STAT. 5600]]

                used as a trading route by the Tlingit Indian Tribe and 
                Tagish First Nation and as a gold rush route, as 
                generally depicted on the map entitled `Proposed 
                Chilkoot National Historic Trail', numbered KLGO-461-
                173787, and dated October 2020.
                    ``(B) Availability of map.--The map described in 
                subparagraph (A) shall be on file and available for 
                public inspection in the appropriate offices of the 
                National Park Service.
                    ``(C) Administration.--The Chilkoot National 
                Historic Trail shall be administered by the Secretary of 
                the Interior.
                    ``(D) Effect.--The designation of the Chilkoot 
                National Historic Trail shall not affect any authorities 
                under Public Law 94-323 (16 U.S.C. 410bb et seq.).
                    ``(E) Coordination of activities.--The Secretary of 
                the Interior may coordinate with public and 
                nongovernmental organizations and institutions of higher 
                education in the United States and Canada, Alaska Native 
                Corporations, and, in consultation with the Secretary of 
                State, the Government of Canada and any political 
                subdivisions of the Government of Canada for the 
                purposes of--
                          ``(i) exchanging information and research 
                      relating to the Chilkoot National Historic Trail;
                          ``(ii) supporting the preservation of, and 
                      educational programs relating to, the Chilkoot 
                      National Historic Trail;
                          ``(iii) providing technical assistance with 
                      respect to the Chilkoot National Historic Trail; 
                      and
                          ``(iv) working to establish an international 
                      historic trail incorporating the Chilkoot National 
                      Historic Trail that provides for complementary 
                      preservation and education programs in the United 
                      States and Canada.''.
SEC. 502. ALASKA LONG NATIONAL SCENIC TRAIL STUDY.

    Section 5(c) of the National Trails System Act (16 U.S.C. 1244(c)) 
is amended by adding at the end the following:
            ``(48) Alaska long trail.--
                    ``(A) In general.--The Alaska Long Trail, extending 
                approximately 500 miles from Seward, Alaska, to 
                Fairbanks, Alaska.
                    ``(B) Requirement.--The Secretary of the Interior 
                (referred to in this paragraph as the `Secretary') shall 
                study the feasibility of designating the trail described 
                in subparagraph (A), including evaluating the potential 
                impacts of the trail on rights-of-way, existing rights, 
                or other recreational uses of the land proposed to be 
                used for the trail.
                    ``(C) Consultation.--The Secretary shall conduct the 
                study under this paragraph in consultation with--
                          ``(i) the Secretary of Agriculture, acting 
                      through the Chief of the Forest Service;
                          ``(ii) the State of Alaska;
                          ``(iii) units of local government in the State 
                      of Alaska;
                          ``(iv) Alaska Native Corporations; and

[[Page 136 STAT. 5601]]

                          ``(v) representatives of the private sector, 
                      including any entity that holds a permit issued by 
                      the Federal Energy Regulatory Commission.''.
SEC. 503. <<NOTE: Ohio.>>  BUCKEYE NATIONAL SCENIC TRAIL 
                        FEASIBILITY STUDY.

    Section 5(c) of the National Trails System Act (16 U.S.C. 1244(c)) 
(as amended by section 502) is amended by adding at the end the 
following:
            ``(49) Buckeye trail.--The Buckeye Trail, a system of trails 
        creating a loop extending approximately 1,454 miles from Lake 
        Erie to the Ohio River, through the farmland of northwest Ohio, 
        the hills of Appalachia, the Black Hand sandstone cliffs of the 
        Hocking Hills region, and the Bluegrass region of southwest 
        Ohio.''.

               TITLE VI--NATIONAL PARK SERVICE PROVISIONS

            Subtitle A--Additions to the National Park System

SEC. 601. <<NOTE: Illinois. 54 USC 320101 note.>>  NEW 
                        PHILADELPHIA NATIONAL HISTORIC SITE.

    (a) Definitions.--In this section:
            (1) Historic site.--The term ``historic site'' means the New 
        Philadelphia National Historic Site established by subsection 
        (b)(1).
            (2) State.--The term ``State'' means the State of Illinois.

    (b) Establishment of New Philadelphia National Historic Site.--
            (1) Establishment.--There is established in the State as a 
        unit of the National Park System the New Philadelphia National 
        Historic Site.
            (2) Purpose.--The purpose of the historic site is to 
        protect, preserve, and interpret the historic resources 
        associated with the town of New Philadelphia, the first town in 
        the United States planned and legally registered by a free 
        African American before the Civil War.
            (3) Boundary.--The historic site shall consist of the 
        approximately 124.33 acres of land within the boundary generally 
        depicted as ``Proposed Boundary'' on the map prepared by the 
        National Park Service entitled ``New Philadelphia National 
        Historic Site Proposed Boundary'', numbered 591/176,516, and 
        dated July 2021.

    (c) Administration.--
            (1) In general.--The Secretary shall administer land within 
        the boundary of the historic site in accordance with--
                    (A) this section; and
                    (B) the laws generally applicable to units of the 
                National Park System, including--
                          (i) section 100101(a), chapter 1003, and 
                      sections 100751(a), 100752, 100753, and 102101 of 
                      title 54, United States Code; and
                          (ii) chapter 3201 of title 54, United States 
                      Code.
            (2) Cooperative agreements.--

[[Page 136 STAT. 5602]]

                    (A) In general.--The Secretary may enter into 
                cooperative agreements with the State or other public 
                and private entities--
                          (i) to coordinate preservation and 
                      interpretation activities within the historic 
                      site; and
                          (ii) to identify, interpret, and provide 
                      assistance for the preservation and interpretation 
                      of non-Federal land within the boundary of the 
                      historic site and at sites in close proximity to 
                      the historic site that are located outside the 
                      boundary of the historic site.
                    (B) Public access.--Any cooperative agreement 
                entered into under subparagraph (A) to provide 
                assistance to non-Federal land shall provide for 
                reasonable public access to the non-Federal land.
            (3) Acquisition of land.--
                    (A) In general.--Subject to subparagraph (B), the 
                Secretary may acquire land and interests in land for 
                inclusion in the historic site by--
                          (i) donation;
                          (ii) purchase with donated or appropriated 
                      funds; or
                          (iii) exchange.
                    (B) Limitation.--Any land owned by the State or a 
                political subdivision of the State may be acquired for 
                inclusion in the historic site only by donation.
            (4) Technical and preservation assistance.--The Secretary 
        may provide public interpretation and technical assistance for 
        the preservation of historic structures of, the maintenance of 
        the cultural landscape of, and local preservation planning for, 
        related historic and cultural resources within the boundaries of 
        the historic site.
            (5) <<NOTE: Deadline.>>  Management plan.--Not later than 3 
        fiscal years after the date on which funds are first made 
        available to carry out this section, the Secretary, in 
        consultation with the State, shall complete a general management 
        plan for the historic site in accordance with--
                    (A) section 100502 of title 54, United States Code; 
                and
                    (B) any other applicable laws.

 Subtitle B--Modifications to Existing Units of the National Park System

SEC. 611. <<NOTE: 54 USC 320301 note.>>  SUNSET CRATER VOLCANO 
                        NATIONAL MONUMENT BOUNDARY ADJUSTMENT.

    (a) Definitions.--In this section:
            (1) Federal land.--The term ``Federal land'' means the 
        approximately 97.71 acres of Forest Service land identified as 
        ``Proposed transfer from USDA Forest Service to National Park 
        Service'' on the Map.
            (2) Map.--The term ``Map'' means the map entitled ``Sunset 
        Crater Volcano National Monument Draft Proposed Boundary 
        Adjustment'', numbered 039/80,053d, and dated January 2021.
            (3) Monument.--The term ``Monument'' means the Sunset Crater 
        Volcano National Monument established by Presidential 
        Proclamation 1911 (54 U.S.C. 320301 note; 46 Stat. 3023) and

[[Page 136 STAT. 5603]]

        redesignated by section 15 of the Smith River National 
        Recreation Area Act (Public Law 101-612; 104 Stat. 3222).
            (4) Secretary.--The term ``Secretary'' means the Secretary, 
        acting through the Director of the National Park Service.

    (b) Sunset Crater Volcano National Monument Boundary Modification.--
            (1) Transfer of administrative jurisdiction to national park 
        service.--Administrative jurisdiction over the Federal land is 
        transferred from the Forest Service to the National Park 
        Service.
            (2) Map availability.--The Map shall be on file and 
        available for inspection in the appropriate offices of the 
        National Park Service.
            (3) Boundary modification.--The boundary of the Monument is 
        modified to include the Federal land.
            (4) Administration.--Subject to valid existing rights, the 
        Secretary shall administer the Federal land added to the 
        Monument under paragraph (3)--
                    (A) as part of the Monument; and
                    (B) in accordance with applicable laws (including 
                regulations).
SEC. 612. ROSIE THE RIVETER/WORLD WAR II HOME FRONT NATIONAL 
                        HISTORICAL PARK.

    (a) Nystrom Elementary School Addition.--Section 2 of the Rosie the 
Riveter/World War II Home Front National Historical Park Establishment 
Act of 2000 (16 U.S.C. 410ggg) is amended by striking subsection (b) and 
inserting the following:
    ``(b) Areas Included.--
            ``(1) In general.--The boundaries of the park shall 
        include--
                    ``(A)(i) the areas generally depicted on the map 
                entitled `Proposed Boundary Map, Rosie the Riveter/World 
                War II Home Front National Historical Park', numbered 
                963/80,000, and dated May 2000; and
                    ``(ii) the areas depicted as the `Proposed Boundary 
                Addition' on the map entitled `Rosie the Riveter/World 
                War II Home Front National Historical Park Proposed 
                Boundary Addition', numbered 499/168,353, and dated May 
                2020; and
                    ``(B) any other historic properties identified by 
                the Secretary as appropriate for addition to the park, 
                subject to the requirement that a historic property 
                proposed for addition to the park shall--
                          ``(i) be determined to be eligible for listing 
                      in the National Register of Historic Places;
                          ``(ii) have a direct connection to World War 
                      II home front themes in Richmond, California; and
                          ``(iii) relate to the purpose, significance, 
                      and interpretive themes of the park.
            ``(2) Availability of maps.--The maps referred to in 
        paragraph (1) shall be on file and available for public 
        inspection in the appropriate offices of the National Park 
        Service.''.

    (b) Administration.--Section 3(a) of the Rosie the Riveter/World War 
II Home Front National Historical Park Establishment Act of 2000 (16 
U.S.C. 410ggg-1(a)) is amended by adding at the end the following:

[[Page 136 STAT. 5604]]

            ``(3) Nystrom elementary school.--Nothing in this Act 
        affects the authority of the West Contra Costa Unified School 
        District to administer Nystrom Elementary School.''.

    (c) Cooperative Agreements.--Section 3(b) of the Rosie the Riveter/
World War II Home Front National Historical Park Establishment Act of 
2000 (16 U.S.C. 410ggg-1(b)) is amended by adding at the end the 
following:
            ``(3) West contra costa unified school district.--
                    ``(A) In general.--The Secretary may enter into 
                cooperative agreements with the West Contra Costa 
                Unified School District and other appropriate public and 
                private agencies, organizations, and institutions to 
                carry out the purposes of this Act.
                    ``(B) Visitor interpretation.--The Secretary shall 
                coordinate visitor interpretation of the Nystrom 
                Elementary School site with the West Contra Costa 
                Unified School District.''.
SEC. 613. <<NOTE: 16 USC 459b-7 note.>>  CAPE COD NATIONAL 
                        SEASHORE ADVISORY COMMISSION.

    Effective <<NOTE: Effective date.>>  September 26, 2018, section 8 
of Public Law 87-126 (16 U.S.C. 459b-7) is amended--
            (1) in subsection (a), in the second sentence, by striking 
        ``2018'' and inserting ``2029'';
            (2) by striking subsection (g); and
            (3) by redesignating subsection (h) as subsection (g).
SEC. 614. CANE RIVER CREOLE NATIONAL HISTORICAL PARK BOUNDARY 
                        MODIFICATION.

    Section 303(b) of the Cane River Creole National Historical Park and 
National Heritage Area Act (16 U.S.C. 410ccc-1(b)) is amended by adding 
at the end the following:
            ``(5) The approximately 46.1 acres of land identified as 
        `Proposed Addition', as generally depicted on the map entitled 
        `Cane River Creole National Historical Park Proposed Addition--
        Magnolia Plantation Unit', numbered 494/176,958, and dated 
        October 2021.''.
SEC. 615. USE OF CERTAIN ROADS WITHIN THE DELAWARE WATER GAP 
                        NATIONAL RECREATION AREA.

    Section 4(b) of the Delaware Water Gap National Recreation Area 
Improvement Act (Public Law 109-156; 119 Stat. 2948; 131 Stat. 2246) is 
amended, in the matter preceding paragraph (1), by striking ``Until'' 
and all that follows through ``subsection (a)'' and inserting ``Until 
September 30, 2026, subsection (a)''.
SEC. 616. WILSON'S CREEK NATIONAL BATTLEFIELD BOUNDARY 
                        MODIFICATION.

    Section 1(b) of Public Law 86-434 (16 U.S.C. 430kk(b)) is amended--
            (1) in paragraph (1)--
                    (A) in the second sentence, by striking ``The map'' 
                and inserting the following:
                    ``(C) Availability of maps.--The maps described in 
                subparagraphs (A) and (B)'';
                    (B) by striking ``(1) The boundaries'' and inserting 
                the following:
            ``(1) Additional land.--
                    ``(A) In general.--The boundaries'';

[[Page 136 STAT. 5605]]

                    (C) by inserting after subparagraph (A) (as so 
                designated) the following:
                    ``(B) Newtonia battlefield addition.--The boundary 
                of the Wilson's Creek National Battlefield is revised to 
                include the approximately 25 acres of land identified as 
                `Proposed Addition' on the map entitled `Wilson's Creek 
                National Battlefield Proposed Boundary Modification', 
                numbered 410/177,379, and dated July 2022.''; and
                    (D) by adding at the end the following:
                    ``(D) Errors.--The Secretary of the Interior may 
                correct any clerical or typographical error in a map 
                described in subparagraph (A) or (B).''; and
            (2) in paragraph (2)--
                    (A) by striking ``(2) The Secretary is authorized to 
                acquire the lands referred to in paragraph (1)'' and 
                inserting the following:
            ``(2) Method of acquisition.--The Secretary of the Interior 
        may acquire the land described in subparagraphs (A) and (B) of 
        paragraph (1)''; and
                    (B) in the second sentence, by striking ``the park'' 
                and inserting ``Wilson's Creek National Battlefield''.
SEC. 617. STE. GENEVIEVE NATIONAL HISTORICAL PARK BOUNDARY 
                        REVISION.

    (a) Definitions.--Section 7134(a) of the Energy and Natural 
Resources Act of 2017 (as enacted into law by section 121(a)(2) of 
division G of the Consolidated Appropriations Act, 2018 (Public Law 115-
141; 16 U.S.C. 410xxx(a)(3))) is amended--
            (1) in paragraph (3), by striking ``numbered 571/149,942, 
        and dated December 2018'' and inserting ``numbered 571/177,464, 
        and dated September 2021'';
            (2) by redesignating paragraphs (4) and (5) as paragraphs 
        (5) and (6), respectively; and
            (3) by inserting after paragraph (3) the following:
            ``(4) Secretary.--The term `Secretary' means the Secretary 
        of the Interior.''.

    (b) Authority To Correct Errors in Map.--Section 7134(d) of the 
Energy and Natural Resources Act of 2017 (as enacted into law by section 
121(a)(2) of division G of the Consolidated Appropriations Act, 2018 
(Public Law 115-141; 16 U.S.C. 410xxx(d))) is amended--
            (1) by striking ``The Map'' and inserting the following:
            ``(1) In general.--The Map''; and
            (2) by adding at the end the following:
            ``(2) Authority to correct errors.--The Secretary may 
        correct any clerical or typographical errors in the Map.''.

    (c) Visitor Center and Administrative Facilities.--Section 7134(e) 
of the Energy and Natural Resources Act of 2017 (as enacted into law by 
section 121(a)(2) of division G of the Consolidated Appropriations Act, 
2018 (Public Law 115-141; 16 U.S.C. 410xxx(e))) is amended by adding at 
the end the following:
            ``(3) Visitor center.--The Secretary--
                    ``(A) may acquire, by donation, the land (including 
                any improvements to the land) owned by the city of Ste. 
                Genevieve, Missouri, and used as the visitor center for 
                the Historical Park, as generally depicted on the Map as 
                `Proposed Boundary Addition'; and

[[Page 136 STAT. 5606]]

                    ``(B) on acquisition of the land described in 
                subparagraph (A), shall revise the boundary of the 
                Historical Park to include the acquired land.
            ``(4) Administrative facilities.--The Secretary may acquire, 
        by purchase from a willing seller or by donation, not more than 
        20 acres of land in the vicinity of the Historical Park for 
        administrative facilities for the Historical Park.''.
SEC. 618. CONVEYANCE OF CERTAIN FEDERAL LAND IN MAINE FOR 
                        AFFORDABLE WORKFORCE HOUSING.

    Section 102(f) of Public Law 99-420 (16 U.S.C. 341 note) is amended 
by striking ``by any town which so desires'' in the first sentence and 
all that follows through the period at the end of paragraph (2) and 
inserting the following: ``for affordable workforce housing to benefit 
the towns on Mount Desert Island, subject to the limitation that the 
Secretary may retain not more than 15 acres of the Federal land 
identified as `4DBH' on the map, to be used by the Secretary to provide 
housing and administrative facilities for the use of, and supporting the 
purposes of, the Park.''.
SEC. 619. <<NOTE: Illinois. 16 USC 410jjjj.>>  DESIGNATION OF 
                        PULLMAN NATIONAL HISTORICAL PARK.

    (a) Definitions.--In this section:
            (1) Historical park.--The term ``historical park'' means the 
        Pullman National Historical Park.
            (2) Map.--The term ``map'' means the map entitled ``Pullman 
        National Historical Park Boundary'', numbered 590/125,485, and 
        dated November 2021.

    (b) Redesignation of Pullman National Monument.--
            (1) In general.--The Pullman National Monument, established 
        by Proclamation Number 9233, dated February 19, 2015, is 
        redesignated as the ``Pullman National Historical Park''.
            (2) Availability of funds.--Any funds available for purposes 
        of the Pullman National Monument shall be available for purposes 
        of the historical park.
            (3) References.--Any references in a law, regulation, 
        document, record, map, or other paper of the United States to 
        the Pullman National Monument shall be considered to be a 
        reference to the historical park.
            (4) Proclamation.--Proclamation Number 9233, dated February 
        19, 2015, shall have no force or effect.

    (c) Purposes.--The purposes of the historical park are to preserve, 
protect, and interpret Pullman's nationally significant cultural and 
historical resources associated with--
            (1) the labor history of the United States and creation of a 
        national Labor Day holiday;
            (2) the first planned industrial community in the United 
        States;
            (3) the architecture and landscape design of the planned 
        community;
            (4) the pivotal role of the Pullman porter in the rise of 
        the African-American middle class; and
            (5) the entirety of history, culture, and historic figures 
        embodied in Presidential Proclamation Number 9233.

    (d) Administration.--The Secretary shall administer the land within 
the boundary of the historical park in accordance with--
            (1) this section; and
            (2) the laws generally applicable to units of the National 
        Park System, including--

[[Page 136 STAT. 5607]]

                    (A) section 100101(a), chapter 1003, and sections 
                100751(a), 100752, 100753 and 102101 of title 54, United 
                States Code; and
                    (B) chapter 3201 of title 54, United States Code.

    (e) Cooperative Agreements.--
            (1) In general.--To further the purposes of this section and 
        notwithstanding chapter 63 of title 31, United States Code, the 
        Secretary may enter into cooperative agreements with the State 
        of Illinois, other public and nonprofit entities, and other 
        interested parties, subject to paragraph (2)--
                    (A) to support collaborative interpretive and 
                educational programs at non-Federal historic properties 
                within the boundaries of the historical park; and
                    (B) to identify, interpret, and provide assistance 
                for the preservation of non-Federal land within the 
                boundaries of the historical park and at sites in close 
                proximity to the historical park, but located outside 
                the boundaries of the historical park, including 
                providing for placement of directional and interpretive 
                signage, exhibits, and technology-based interpretive 
                devices.
            (2) Public access.--A cooperative agreement entered under 
        this subsection shall provide for reasonable public access.

    (f) Use of Funds.--
            (1) In general.--The Secretary may use appropriated funds to 
        mark, interpret, improve, restore, and provide technical 
        assistance with respect to the preservation and interpretation 
        of the properties.
            (2) <<NOTE: Determination. Reimbursement.>>  Inconsistent 
        purposes.--Any payment made by the Secretary under this 
        subsection shall be subject to an agreement that the conversion, 
        use, or disposal of the project for purposes that are 
        inconsistent with the purposes of this section, as determined by 
        the Secretary, shall result in a right of the United States to 
        reimbursement of the greater of--
                    (A) the amount provided by the Secretary to the 
                project; and
                    (B) an amount equal to the increase in the value of 
                the project that is attributable to the funds, as 
                determined by the Secretary at the time of the 
                conversion, use, or disposal.

    (g) Acquisition of Land.--The Secretary may acquire for inclusion in 
the historical park any land (including interests in land), buildings, 
or structures owned by the State of Illinois, or any other political, 
private, or nonprofit entity by donation, transfer, exchange, or 
purchase from a willing seller.
    (h) <<NOTE: Deadline.>>  Management Plan.--Not later than 3 fiscal 
years after the date on which funds are first made available to carry 
out this section, the Secretary shall complete a management plan for the 
historical park.
SEC. 620. PALO ALTO BATTLEFIELD NATIONAL HISTORIC PARK BOUNDARY 
                        ADDITION.

    (a) Boundary.--Section 3(b)(2) of the Palo Alto Battlefield National 
Historic Site Act of 1991 (16 U.S.C. 410nnn-1(b)(2)) is amended--
            (1) by amending subparagraph (A) to read as follows:
                    ``(A) In general.--

[[Page 136 STAT. 5608]]

                          ``(i) In addition to the land described in 
                      paragraph (1), the historical park shall consist 
                      of--
                                    ``(I) the approximately 34 acres of 
                                land, as generally depicted on the map 
                                entitled `Palo Alto Battlefield NHS 
                                Proposed Boundary Expansion', numbered 
                                469/80,012, and dated May 21, 2008; and
                                    ``(II) on the date that such land is 
                                donated to the United States, the 
                                approximately 166.44 acres of land 
                                generally depicted on the map entitled 
                                `PALO ALTO BATTLEFIELD NATIONAL 
                                HISTORICAL PARK Proposed Boundary 
                                Addition, Fort Brown Unit', numbered 
                                469/143,589, and dated April 2018.
                          ``(ii) Before accepting any donated land 
                      described in this subparagraph, the Secretary 
                      shall complete a boundary study analyzing the 
                      feasibility of adding the land to the national 
                      historical park.
                          ``(iii) If a boundary study completed under 
                      clause (ii) finds that acceptance of the donated 
                      land is feasible and appropriate, the Secretary 
                      may accept such land and administer the land as 
                      part of the historical park after providing notice 
                      of such finding to Congress.''; and
            (2) in subparagraph (B)--
                    (A) in the heading, by striking ``map'' and 
                inserting ``maps''; and
                    (B) by striking ``map'' and inserting ``maps''.

    (b) Legal Description.--Section 3(b)(3) of the Palo Alto Battlefield 
National Historic Site Act of 1991 (16 U.S.C. 410nnn-1(b)(3)) is amended 
by striking ``after'' and all that follows through ``Secretary of the 
Interior'' and inserting ``after the addition of lands to the historic 
park boundary, the Secretary of the Interior''.
SEC. 621. <<NOTE: Virgin Islands. 16 USC 398 note.>>  INSTALLATION 
                        OF PLAQUE COMMEMORATING SLAVE REBELLION ON 
                        ST. JOHN.

    (a) <<NOTE: Deadline.>>  In General.--Not later than 1 year after 
the date of the enactment of this Act, the Secretary shall install, in 
an appropriate location in the area of the Ram Head trail at the peak of 
Ram Head in the Virgin Islands National Park on St. John, United States 
Virgin Islands, a suitable plaque to commemorate the slave rebellion 
that began on St. John on November 23, 1733.

    (b) Contents of Plaque.--The plaque installed under subsection (a) 
shall include information regarding--
            (1) important facts about the slave rebellion that began on 
        St. John in 1733;
            (2) the collective suicide that occurred during the slave 
        rebellion in the vicinity of Ram Head on St. John in 1734; and
            (3) the significance of the slave rebellion to the history 
        of St. John, the United States Virgin Islands, and the United 
        States.

[[Page 136 STAT. 5609]]

                Subtitle C--National Park Service Studies

SEC. 631. <<NOTE: Ohio.>>  SPECIAL RESOURCE STUDY OF JOHN P. 
                        PARKER HOUSE.

    (a) Definition of Study Area.--In this section, the term ``study 
area'' means the John P. Parker House in Ripley, Ohio, which was 
recognized as a National Historic Landmark in 1997.
    (b) Study.--
            (1) In general.--The Secretary shall conduct a special 
        resource study of the study area to determine the suitability 
        and feasibility of establishing the John P. Parker House in 
        Ripley, Ohio, as a unit of the National Park System.
            (2) Contents.--In conducting the study under paragraph (1), 
        the Secretary shall--
                    (A) <<NOTE: Evaluation.>>  evaluate the national 
                significance of the study area;
                    (B) <<NOTE: Determination.>>  determine the 
                suitability and feasibility of designating the study 
                area as a unit of the National Park System;
                    (C) consider other alternatives for preservation, 
                protection, and interpretation of the study area by the 
                Federal Government, State or local government entities, 
                or private and nonprofit organizations;
                    (D) <<NOTE: Consultation.>>  consult with interested 
                Federal agencies, State or local governmental entities, 
                private and nonprofit organizations, or any other 
                interested individuals; and
                    (E) identify cost estimates for any Federal 
                acquisition, development, interpretation, operation, and 
                maintenance associated with the alternatives described 
                in subparagraphs (B) and (C).
            (3) Study requirements.--The Secretary shall conduct the 
        study in accordance with section 100507 of title 54, United 
        States Code.
            (4) Report.--Not later than 18 months after the date on 
        which funds are made available to carry out this section, the 
        Secretary shall submit to the Committee on Natural Resources of 
        the House of Representatives and the Committee on Energy and 
        Natural Resources of the Senate a report that describes--
                    (A) the results of the study; and
                    (B) any recommendations of the Secretary.
SEC. 632. DEARFIELD, COLORADO, SPECIAL RESOURCE STUDY.

    (a) <<NOTE: Oliver Toussaint Jackson.>>  Definition of Study Area.--
In this section, the term ``study area'' means the site known as 
``Dearfield'', in Weld County, Colorado, which was a historically black 
agricultural settlement founded by Oliver Toussaint Jackson.

    (b) Study.--
            (1) In general.--The Secretary shall conduct a special 
        resource study of the study area.
            (2) Contents.--In conducting the study under paragraph (1), 
        the Secretary shall--
                    (A) <<NOTE: Evaluation.>>  evaluate the national 
                significance of the study area;
                    (B) <<NOTE: Determination.>>  determine the 
                suitability and feasibility of designating the study 
                area as a unit of the National Park System;
                    (C) consider other alternatives for preservation, 
                protection, and interpretation of the study area by the 
                Federal

[[Page 136 STAT. 5610]]

                Government, State or local government entities, or 
                private and nonprofit organizations;
                    (D) <<NOTE: Consultation.>>  consult with interested 
                Federal agencies, State or local governmental entities, 
                private and nonprofit organizations, or any other 
                interested individuals; and
                    (E) identify cost estimates for any Federal 
                acquisition, development, interpretation, operation, and 
                maintenance associated with the alternatives described 
                in subparagraphs (B) and (C).
            (3) Applicable law.--The study required under paragraph (1) 
        shall be conducted in accordance with section 100507 of title 
        54, United States Code.

    (c) Report.--Not later than 3 years after the date on which funds 
are first made available to carry out the study under subsection (b)(1), 
the Secretary shall submit to the Committee on Natural Resources of the 
House of Representatives and the Committee on Energy and Natural 
Resources of the Senate a report that describes--
            (1) the results of the study; and
            (2) any conclusions and recommendations of the Secretary.
SEC. 633. SPECIAL RESOURCE STUDY OF LYNCHING LOCATIONS.

    (a) <<NOTE: Tennessee. Wash Henley. Christopher Bender. Bud 
Whitfield. Thomas Moss. Will Stewart. Calvin McDowell. Lee 
Walker. Warner Williams. Daniel Hawkins. Robert Haynes. Edward 
Hall. John Hayes. Graham White. Ell Persons. Jesse Lee Bond. Elbert 
Williams.>>  Definition of Study Area.--In this section, the term 
``study area'' means sites within approximately 100 miles of Memphis, 
Tennessee, at which lynchings took place, including the lynching sites 
of--
            (1) Wash Henley in 1869;
            (2) Christopher Bender and Bud Whitfield in 1868;
            (3) Thomas Moss, Will Stewart, and Calvin McDowell in 1892 
        during the event referred to as ``The People's Grocery 
        Lynchings'';
            (4) Lee Walker in 1893;
            (5) Warner Williams, Daniel Hawkins, Robert Haynes, Edward 
        Hall, John Hayes, and Graham White in 1894;
            (6) Ell Persons in 1917;
            (7) Jesse Lee Bond in 1939; and
            (8) Elbert Williams in 1940.

    (b) Study.--The Secretary shall conduct a special resource study of 
the study area.
    (c) Contents.--In conducting the special resource study under 
subsection (b), the Secretary shall--
            (1) <<NOTE: Evaluation.>>  evaluate the national 
        significance of the study area;
            (2) <<NOTE: Determination.>>  determine the suitability and 
        feasibility of designating the study area as a unit of the 
        National Park System;
            (3) consider other alternatives for preservation, 
        protection, and interpretation of the study area by the Federal 
        Government, State or local government entities, or private and 
        nonprofit organizations;
            (4) <<NOTE: Consultation.>>  consult with interested Federal 
        agencies, State or local governmental entities, private and 
        nonprofit organizations, or any other interested persons; and
            (5) identify cost estimates for any Federal acquisition, 
        development, interpretation, operation, and maintenance 
        associated with the alternatives.

    (d) Applicable Law.--The special resource study required under 
subsection (b) shall be conducted in accordance with section 100507 of 
title 54, United States Code.

[[Page 136 STAT. 5611]]

    (e) Report.--Not later than 3 years after the date on which funds 
are made available to carry out this section, the Secretary shall submit 
to the Committee on Energy and Natural Resources of the Senate and the 
Committee on Natural Resources of the House of Representatives a report 
that describes--
            (1) the results of the special resource study required under 
        subsection (b); and
            (2) any recommendations of the Secretary.
SEC. 634. RESOURCE STUDY OF THE LOS ANGELES COASTAL AREA, 
                        CALIFORNIA.

    (a) Definition of Study Area.--In this section, the term ``study 
area'' means the coastline and adjacent areas to the Santa Monica Bay 
from Will Rogers State Beach to Torrance Beach, including the areas in 
and around Ballona Creek and the Baldwin Hills and the San Pedro section 
of the City of Los Angeles, excluding the Port of Los Angeles north of 
Crescent Avenue.
    (b) Special Resource Study.--
            (1) Study.--The Secretary shall conduct a special resource 
        study of the study area.
            (2) Contents.--In conducting the study under paragraph (1), 
        the Secretary shall--
                    (A) <<NOTE: Evaluation.>>  evaluate the national 
                significance of the study area;
                    (B) <<NOTE: Determination.>>  determine the 
                suitability and feasibility of designating the study 
                area as a unit of the National Park System;
                    (C) consider other alternatives for preservation, 
                protection, and interpretation of the study area by the 
                Federal Government, State or local government entities, 
                or private and nonprofit organizations;
                    (D) <<NOTE: Consultation.>>  consult with interested 
                Federal agencies, State or local governmental entities, 
                private and nonprofit organizations, or any other 
                interested individuals; and
                    (E) identify cost estimates for any Federal 
                acquisition, development, interpretation, operation, and 
                maintenance associated with the alternatives.
            (3) Applicable law.--The study required under paragraph (1) 
        shall be conducted in accordance with section 100507 of title 
        54, United States Code.
            (4) Report.--Not later than 3 years after the date on which 
        funds are first made available for the study under paragraph 
        (1), the Secretary shall submit to the Committee on Natural 
        Resources of the House of Representatives and the Committee on 
        Energy and Natural Resources of the Senate a report that 
        describes--
                    (A) the results of the study; and
                    (B) any conclusions and recommendations of the 
                Secretary.

               Subtitle D--National Park Service Programs

SEC. 641. <<NOTE: Maryland.>>  ACQUISITION OF LAND FOR 
                        ADMINISTRATIVE PURPOSES OF HISTORIC 
                        PRESERVATION TRAINING CENTER.

    (a) Definitions.--In this section:

[[Page 136 STAT. 5612]]

            (1) Center.--The term ``Center'' means the Historic 
        Preservation Training Center and related facilities of the 
        National Park Service in Frederick County, Maryland.
            (2) Secretary.--The term ``Secretary'' means the Secretary, 
        acting through the Director of the National Park Service.

    (b) Authorization of Acquisition.--To further develop the Center in 
accordance with section 305306 of title 54, United States Code, the 
Secretary may acquire not more than 20 acres of land or interests in 
land in Frederick County, Maryland, for the Center for the purpose of 
supporting the physical space, program initiatives, and workforce 
development capacity of the Center.
    (c) Method of Acquisition.--Land or an interest in land for the 
Center may only be acquired under subsection (b) by donation, transfer, 
exchange, or purchase from a willing seller using donated or 
appropriated funds.
    (d) Administration of Acquired Land.--On acquisition of land or an 
interest in land for the Center under subsection (b), the acquired land 
or interest in land shall be administered by the Secretary for the 
purpose described in subsection (b).
SEC. 642. <<NOTE: 40 USC 8909 note.>>  WAIVER OF SPECIAL USE 
                        PERMIT APPLICATION FEE FOR VETERANS' 
                        SPECIAL EVENTS.

    (a) Definitions.--In this section:
            (1) Member of a gold star family.--The term ``member of a 
        Gold Star Family'' means any individual that meets the 
        eligibility requirements of section 3.2 of Department of Defense 
        Instruction 1348.36 (or a successor instruction).
            (2) Special events.--The term ``special events'' has the 
        meaning given the term in section 7.96(g)(1) of title 36, Code 
        of Federal Regulations (or a successor regulation).
            (3) The district of columbia and its environs.--The term 
        ``the District of Columbia and its environs'' has the meaning 
        given the term in section 8902(a) of title 40, United States 
        Code.
            (4) Veteran.--The term ``veteran'' has the meaning given the 
        term in section 101 of title 38, United States Code.
            (5) Veterans' special event.--The term ``veterans' special 
        event'' means a special event at which the majority of attendees 
        are veterans or members of Gold Star Families.
            (6) War memorial.--The term ``war memorial'' means any 
        memorial or monument that has been erected or dedicated to 
        commemorate a military unit, military group, war, conflict, 
        victory, or peace.

    (b) <<NOTE: Disctict of Columbia.>>  Waiver.--The application fee 
for any application for a special use permit, the sole purpose of which 
is to hold a veterans' special event at a war memorial on land 
administered by the National Park Service in the District of Columbia 
and its environs, shall be waived.

    (c) Applicability of Existing Laws.--Notwithstanding subsection (b), 
an applicant for a special use permit described in that subsection shall 
be subject to any other law (including regulations) or policy applicable 
to the application, issuance, or execution of the special use permit.
    (d) Applicability.--This section shall apply to any special use 
permit application submitted after the date of enactment of this Act.

[[Page 136 STAT. 5613]]

SEC. 643. UNITED STATES AFRICAN-AMERICAN BURIAL GROUNDS 
                        PRESERVATION PROGRAM.

    (a) Establishment.--Subdivision 1 of division B of subtitle III of 
title 54, United States Code, is amended by inserting after chapter 3085 
the following:

 ``CHAPTER 3086 <<NOTE: 54 USC prec. 308601.>> --UNITED STATES AFRICAN-
AMERICAN BURIAL GROUNDS PRESERVATION PROGRAM

``Sec.
``308601. Definitions.
``308602. United States African-American Burial Grounds Preservation 
           Program.
``308603. Authority to make grants.
``308604. Cooperative agreements and memoranda of understanding.
``308605. Private property protection.

``Sec. 308601. <<NOTE: 54 USC 308601.>>  Definitions

    ``In this chapter:
            ``(1) Burial ground.--The term `burial ground' means any 
        natural or prepared physical location, whether originally below, 
        on, or above the surface of the earth, into which human remains 
        are deposited as a part of the death rite or ceremony of a 
        culture.
            ``(2) Historic.--The term `historic', with respect to a 
        property, means a property that can reasonably be considered to 
        date back at least 50 years.
            ``(3) Program.--The term `Program' means the United States 
        African-American Burial Grounds Preservation Program established 
        under section 308602(a).
``Sec. 308602. <<NOTE: 54 USC 308602.>>  United States African-
                      American Burial Grounds Preservation Program

    ``(a) In General.--The Secretary shall establish within the Service, 
in accordance with this chapter, a program to be known as the `United 
States African-American Burial Grounds Preservation Program'.
    ``(b) Duties of Secretary.--In carrying out the Program, the 
Secretary, in consultation with the National Trust for Historic 
Preservation and members of the African-American heritage community, 
shall develop a program for the provision of grants in accordance with 
section 308603(a).
    ``(c) Donations.--The Secretary may accept monetary donations to 
further the purposes of this chapter.
    ``(d) Consent of Private Property Owner Required.--Burial grounds 
shall only be considered for a grant under the Program--
            ``(1) with the consent of the property owner; and
            ``(2) at the request of an individual, landowner, private or 
        nonprofit organization, State, Tribal, or local government, or 
        other entity.
``Sec. 308603. <<NOTE: 54 USC 308603.>>  Authority to make grants

    ``(a) In General.--The Secretary may make grants to other Federal 
agencies, State, local, and Tribal governments, other public entities, 
educational institutions, historic preservation groups, and private 
nonprofit organizations in accordance with this chapter for--
            ``(1) the identification of historic African-American burial 
        grounds that may qualify for the Program;

[[Page 136 STAT. 5614]]

            ``(2) the preservation and restoration of African-American 
        burial grounds;
            ``(3) the interpretation of African-American burial grounds; 
        and
            ``(4) related research and documentation for historic 
        African-American burial grounds.

    ``(b) Funding.--
            ``(1) <<NOTE: Time period.>>  In general.--There is 
        authorized to be appropriated to the Secretary to carry out this 
        section $3,000,000 for each of fiscal years 2023 through 2027.
            ``(2) Availability.--Any amounts made available for a fiscal 
        year under paragraph (1) that are not used during that fiscal 
        year shall be available for use under this section during any 
        subsequent fiscal year.
``Sec. 308604. <<NOTE: 54 USC 308604.>>  Cooperative agreements 
                      and memoranda of understanding

    ``The Secretary may enter into cooperative agreements and memoranda 
of understanding with, and provide technical assistance to, the heads of 
other Federal agencies, States, units of local government, Tribal 
governments, regional governmental bodies, nonprofit organizations, 
educational institutions, and private entities--
            ``(1) to achieve the purposes of this chapter; and
            ``(2) to ensure effective coordination of the Federal 
        elements and non-Federal elements provided a grant or other 
        assistance under the Program with System units and programs of 
        the Service.
``Sec. 308605. <<NOTE: 54 USC 308605.>>  Private property 
                      protection

    ``Nothing in this chapter--
            ``(1) authorizes the Secretary to require or affect the 
        management or use of private property without the written 
        consent of the owner of the private property;
            ``(2) prohibits the Secretary from providing land management 
        guidance or requirements relating to private property as a 
        condition of a grant provided to the owner of the private 
        property under this chapter; or
            ``(3) shall be construed as creating any new regulatory 
        burden on any Federal, State, Tribal, or private entity.''.

    (b) Clerical Amendment.--The table of chapters for title 54, United 
States Code, <<NOTE: 54 USC prec. 100101.>>  is amended by inserting 
after the item relating to chapter 3085 the following:
``3086.  United States African-American Burial Grounds 
Preservation Program...........................................308601''.
SEC. 644. <<NOTE: 54 USC note prec. 308101.>>  NORMAN Y. MINETA 
                        JAPANESE AMERICAN CONFINEMENT EDUCATION 
                        GRANTS.

    Public Law 109-441 (120 Stat. 3289) <<NOTE: 120 Stat. 3288.>>  is 
amended--
            (1) in section 2, <<NOTE: 120 Stat. 3289.>>  by adding at 
        the end the following:
            ``(4) <<NOTE: Definition.>>  Japanese american confinement 
        education grants.--The term `Japanese American Confinement 
        Education Grants' means competitive grants, awarded through the 
        Japanese American Confinement Sites Program, for Japanese 
        American organizations to educate individuals, including through 
        the use of digital resources, in the United States on the 
        historical importance of Japanese American confinement during 
        World War II, so that present and future generations may learn 
        from Japanese American confinement and the

[[Page 136 STAT. 5615]]

        commitment of the United States to equal justice under the law.
            ``(5) <<NOTE: Definition.>>  Japanese american 
        organization.--The term `Japanese American organization' means a 
        private nonprofit organization within the United States 
        established to promote the understanding and appreciation of the 
        ethnic and cultural diversity of the United States by 
        illustrating the Japanese American experience throughout the 
        history of the United States.''; and
            (2) in section 4-- <<NOTE: 120 Stat. 3290.>> 
                    (A) by inserting ``(a) In General.--'' before 
                ``There are authorized'';
                    (B) by striking ``$38,000 ,000'' and inserting 
                ``$80,000,000''; and
                    (C) by adding at the end the following:

    ``(b) Japanese American Confinement Education Grants.--
            ``(1) In general.--Of the amounts made available under this 
        section, not more than $10,000,000 shall be awarded as Japanese 
        American Confinement Education Grants to Japanese American 
        organizations. Such competitive grants shall be in an amount not 
        less than $750,000 and the Secretary shall give priority 
        consideration to Japanese American organizations with fewer than 
        100 employees.
            ``(2) Matching requirement.--
                    ``(A) Fifty percent.--Except as provided in 
                subparagraph (B), for funds awarded under this 
                subsection, the Secretary shall require a 50 percent 
                match with non-Federal assets from non-Federal sources, 
                which may include cash or durable goods and materials 
                fairly valued, as determined by the Secretary.
                    ``(B) <<NOTE: Determination.>>  Waiver.--The 
                Secretary may waive all or part of the matching 
                requirement under subparagraph (A), if the Secretary 
                determines that--
                          ``(i) no reasonable means are available 
                      through which an applicant can meet the matching 
                      requirement; and
                          ``(ii) the probable benefit of the project 
                      funded outweighs the public interest in the 
                      matching requirement.''.
SEC. 645. <<NOTE: 54 USC note prec. 308101.>>  JAPANESE AMERICAN 
                        WORLD WAR II HISTORY NETWORK.

    (a) Establishment.--The Secretary shall establish, within the 
National Park Service, a program to be known as the ``Japanese American 
World War II History Network'' (referred to in this section as the 
``Network'').
    (b) Duties of Secretary.--In carrying out the Network, the Secretary 
shall--
            (1) review studies and reports to complement and not 
        duplicate studies of Japanese American World War II history and 
        Japanese American experiences during World War II, including 
        studies related to relocation centers and confinement sites, 
        that are underway or completed;
            (2) produce and disseminate appropriate educational 
        materials, such as handbooks, maps, interpretive guides, or 
        electronic information relating to Japanese American World War 
        II history and Japanese American experiences during the war, 
        including relocation centers and confinement sites;

[[Page 136 STAT. 5616]]

            (3) enter into appropriate cooperative agreements and 
        memoranda of understanding to provide technical assistance under 
        subsection (d); and
            (4)(A) create and adopt an official, uniform symbol or 
        device for the Network; and
            (B) issue regulations for the use of the symbol or device 
        adopted under subparagraph (A).

    (c) Elements.--The Network shall encompass the following elements:
            (1) <<NOTE: Determination.>>  All units and programs of the 
        National Park Service that are determined by the Secretary to 
        relate to Japanese American World War II history and Japanese 
        American experiences during the war, including relocation 
        centers and confinement sites.
            (2) With the consent of the property owner, other Federal, 
        State, local, Tribal, and privately owned properties that--
                    (A) relate to Japanese American World War II history 
                and Japanese experiences during the war, including 
                relocation centers and confinement sites;
                    (B) have a verifiable connection to Japanese 
                American World War II history and Japanese experiences 
                during the war, including relocation and confinement 
                sites; and
                    (C) are included in, or determined by the Secretary 
                to be eligible for inclusion in, the National Register 
                of Historic Places.
            (3) Other governmental and nongovernmental facilities and 
        programs of an educational, research, or interpretive nature 
        that are directly related to Japanese American World War II 
        history and the experiences of Japanese Americans during the 
        war, including relocation centers and confinement sites.

    (d) Cooperative Agreements and Memoranda of Understanding.--To 
achieve the purposes of this section and to ensure effective 
coordination of the Federal and non-Federal elements of the Network 
described in subsection (c) with units of the National Park System and 
programs of the National Park Service, including the Japanese American 
Confinement Sites Program, the Secretary may enter into cooperative 
agreements and memoranda of understanding with, and provide technical 
assistance to, the heads of other Federal agencies, States, units of 
local government, Indian Tribes, regional governmental bodies, and 
private entities.
    (e) Sunset.--The authority of the Secretary under this section shall 
expire 7 years after the date of enactment of this Act.
SEC. 646. AUTHORIZATION OF APPROPRIATIONS FOR THE NATIONAL PARK 
                        FOUNDATION.

    Section 101122(a) of title 54, United States Code, is amended--
            (1) by striking ``$5,000,000'' and inserting 
        ``$15,000,000''; and
            (2) by striking ``2023'' and inserting ``2030''.

          TITLE VII--COMMEMORATIVE WORKS AND NATIONAL MEMORIALS

SEC. 701. <<NOTE: Ohio. 54 USC 320301 note.>>  DESIGNATION OF THE 
                        KOL ISRAEL FOUNDATION HOLOCAUST MEMORIAL 
                        AS A NATIONAL MEMORIAL.

    (a) Congressional Recognition.--Congress--

[[Page 136 STAT. 5617]]

            (1) recognizes the significance of the Kol Israel Foundation 
        Holocaust Memorial in preserving the memory of the 6,000,000 
        Jews murdered by the Nazi regime and allies and collaborators of 
        the Nazi regime; and
            (2) honors the life and legacy of the Holocaust survivors 
        who erected the Kol Israel Foundation Holocaust Memorial.

    (b) Designation.--
            (1) In general.--The Kol Israel Foundation Holocaust 
        Memorial located in Bedford Heights, Ohio, is designated as a 
        national memorial.
            (2) Effect of designation.--
                    (A) In general.--The national memorial designated by 
                paragraph (1) is not a unit of the National Park System.
                    (B) Use of federal funds.--The designation of the 
                national memorial by paragraph (1) shall not require or 
                permit Federal funds to be expended for any purpose 
                relating to the national memorial.
SEC. 702. <<NOTE: District of Columbia. 40 USC 8903 note.>>  
                        AUTHORIZATION TO ESTABLISH COMMEMORATIVE 
                        WORK TO COMMEMORATE THE COMMITMENT AND 
                        SERVICE REPRESENTED BY WOMEN WHO WORKED ON 
                        THE HOME FRONT DURING WORLD WAR II.

    (a) In General.--The Women Who Worked on the Home Front Foundation 
may establish a commemorative work on Federal land in the District of 
Columbia and its environs to commemorate the commitment and service 
represented by women who worked on the home front during World War II.
    (b) Compliance With Standards for Commemorative Works.--The 
establishment of the commemorative work under this section shall be in 
accordance with chapter 89 of title 40, United States Code (commonly 
known as the ``Commemorative Works Act'').
    (c) Prohibition on the Use of Federal Funds.--
            (1) In general.--Federal funds may not be used to pay any 
        expense of the establishment of the commemorative work under 
        this section.
            (2) Responsibility of women who worked on the home front 
        foundation.--The Women Who Worked on the Home Front Foundation 
        shall be solely responsible for acceptance of contributions for, 
        and payment of the expenses of, the establishment of the 
        commemorative work under this section.

    (d) Deposit of Excess Funds.--
            (1) In general.--If, on payment of all expenses for the 
        establishment of the commemorative work under this section 
        (including the maintenance and preservation amount required by 
        section 8906(b)(1) of title 40, United States Code), there 
        remains a balance of funds received for the establishment of the 
        commemorative work, the Women Who Worked on the Home Front 
        Foundation shall transmit the amount of the balance to the 
        Secretary for deposit in the account provided for in section 
        8906(b)(3) of that title.
            (2) On expiration of authority.--If, on expiration of the 
        authority for the commemorative work under section 8903(e) of 
        title 40, United States Code, there remains a balance of funds 
        received for the establishment of the commemorative work, the 
        Women Who Worked on the Home Front Foundation shall transmit the 
        amount of the balance to a separate account

[[Page 136 STAT. 5618]]

        with the National Park Foundation for memorials, to be available 
        to the Secretary or Administrator of General Services, as 
        appropriate, in accordance with the process provided in 
        paragraph (4) of section 8906(b) of that title for accounts 
        established under paragraph (2) or (3) of that section.
SEC. 703. EXTENSION OF AUTHORITY FOR ESTABLISHMENT OF NATIONAL 
                        LIBERTY MEMORIAL COMMEMORATIVE WORK.

    Notwithstanding <<NOTE: Applicability.>>  section 8903(e) of title 
40, United States Code, the authority provided by section 2860 of the 
Military Construction Authorization Act for Fiscal Year 2013 (division B 
of Public Law 112-239; 126 Stat. 2164; 40 U.S.C. 8903 note) shall 
continue to apply through September 30, 2027.
SEC. 704. <<NOTE: District of Columbia. 40 USC 8903 note.>>  
                        AUTHORIZATION TO ESTABLISH COMMEMORATIVE 
                        WORK TO COMMEMORATE THE HEROIC DEEDS AND 
                        SACRIFICES OF SERVICE ANIMALS AND HANDLERS 
                        OF SERVICE ANIMALS IN THE UNITED STATE.

    (a) <<NOTE: National Service Animals Monument Corporation.>>  In 
General.--The National Service Animals Monument Corporation (referred to 
in this section as the ``Corporation'') may establish a commemorative 
work on Federal land in the District of Columbia and its environs to 
commemorate the heroic deeds and sacrifices of service animals and 
handlers of service animals in the United States.

    (b) Compliance With Standards for Commemorative Works.--The 
establishment of the commemorative work under this section shall be in 
accordance with chapter 89 of title 40, United States Code (commonly 
known as the ``Commemorative Works Act'').
    (c) Prohibition on the Use of Federal Funds.--
            (1) In general.--Federal funds may not be used to pay any 
        expense of the establishment of the commemorative work under 
        this section.
            (2) Responsibility of the national service animals monument 
        corporation.--The Corporation shall be solely responsible for 
        the acceptance of contributions for, and payment of the expenses 
        of, the establishment of the commemorative work under this 
        section.

    (d) Deposit of Excess Funds.--
            (1) In general.--If, on payment of all expenses for the 
        establishment of the commemorative work under this section 
        (including the maintenance and preservation amount required by 
        section 8906(b)(1) of title 40, United States Code), there 
        remains a balance of funds received for the establishment of the 
        commemorative work, the Corporation shall transmit the amount of 
        the balance to the Secretary for deposit in the account provided 
        for in section 8906(b)(3) of that title.
            (2) On expiration of authority.--If, on expiration of the 
        authority for the commemorative work under section 8903(e) of 
        title 40, United States Code, there remains a balance of funds 
        received for the establishment of the commemorative work under 
        this section, the Corporation shall transmit the amount of the 
        balance to a separate account with the National Park Foundation 
        for memorials, to be available to the Secretary or the 
        Administrator of General Services, as appropriate, in accordance 
        with the process provided in paragraph (4) of section 8906(b) of 
        that title for accounts established under paragraph (2) or (3) 
        of that section.

[[Page 136 STAT. 5619]]

SEC. 705. <<NOTE: District of Columbia. France. 40 USC 8903 
                        note.>>  AUTHORIZATION TO ESTABLISH 
                        COMMEMORATIVE WORK TO HONOR JEAN MONNET.

    (a) In General.--The Embassy of France in Washington, DC (referred 
to in this section as the ``Embassy''), may establish a commemorative 
work on Federal land in the District of Columbia and its environs to 
honor the extraordinary contributions of Jean Monnet with respect to--
            (1) restoring peace between European nations; and
            (2) establishing the European Union.

    (b) Compliance With Standards for Commemorative Works.--The 
establishment of the commemorative work under this section shall be in 
accordance with chapter 89 of title 40, United States Code (commonly 
known as the ``Commemorative Works Act'').
    (c) Prohibition on the Use of Federal Funds.--
            (1) In general.--Federal funds may not be used to pay any 
        expense of the establishment of the commemorative work under 
        this section.
            (2) Responsibility of the embassy of france in washington, 
        dc.--The Embassy shall be solely responsible for the acceptance 
        of contributions for, and payment of the expenses of, the 
        establishment of the commemorative work under this section.

    (d) Deposit of Excess Funds.--
            (1) In general.--If, on payment of all expenses for the 
        establishment of the commemorative work under this section 
        (including the maintenance and preservation amount required by 
        section 8906(b)(1) of title 40, United States Code), there 
        remains a balance of funds received for the establishment of the 
        commemorative work, the Embassy shall transmit the amount of the 
        balance to the Secretary for deposit in the account provided for 
        in section 8906(b)(3) of that title.
            (2) On expiration of authority.--If, on expiration of the 
        authority for the commemorative work under section 8903(e) of 
        title 40, United States Code, there remains a balance of funds 
        received for the establishment of the commemorative work, the 
        Embassy shall transmit the amount of the balance to a separate 
        account with the National Park Foundation for memorials, to be 
        available to the Secretary or the Administrator of General 
        Services, as appropriate, in accordance with the process 
        provided in paragraph (4) of section 8906(b) of that title for 
        accounts established under paragraph (2) or (3) of that section.
SEC. 706. <<NOTE: Texas. 54 USC 320301 note.>>  DESIGNATION OF EL 
                        PASO COMMUNITY HEALING GARDEN NATIONAL 
                        MEMORIAL.

    (a) Designation.--The Healing Garden located at 6900 Delta Drive, El 
Paso, Texas, is designated as the ``El Paso Community Healing Garden 
National Memorial''.
    (b) Effect of Designation.--The national memorial designated by this 
section is not a unit of the National Park System and the designation of 
the El Paso Community Healing Garden National Memorial shall not require 
or authorize Federal funds to be expended for any purpose related to 
that national memorial.

[[Page 136 STAT. 5620]]

SEC. 707. <<NOTE: District of Columbia. 40 USC 8903 note.>>  
                        AUTHORIZATION TO ESTABLISH COMMEMORATIVE 
                        WORK TO COMMEMORATE THE ENSLAVED 
                        INDIVIDUALS WHO ENDURED THE MIDDLE 
                        PASSAGE.

    (a) <<NOTE: Georgetown African American Historic Landmark Project 
and Tour.>>  In General.--The Georgetown African American Historic 
Landmark Project and Tour may establish a commemorative work on Federal 
land in the District of Columbia and its environs to commemorate the 
enslaved individuals, the identities of whom may be known or unknown, 
who endured the Middle Passage.

    (b) Compliance With Standards for Commemorative Works.--The 
establishment of the commemorative work under this section shall be in 
accordance with chapter 89 of title 40, United States Code (commonly 
known as the ``Commemorative Works Act'').
    (c) Prohibition on the Use of Federal Funds.--
            (1) In general.--Federal funds may not be used to pay any 
        expense of the establishment of the commemorative work under 
        this section.
            (2) Responsibility of the georgetown african american 
        historic landmark project and tour.--The Georgetown African 
        American Historic Landmark Project and Tour shall be solely 
        responsible for the acceptance of contributions for, and payment 
        of the expenses of, the establishment of the commemorative work 
        under this section.

    (d) Deposit of Excess Funds.--
            (1) In general.--If, on payment of all expenses for the 
        establishment of the commemorative work under this section 
        (including the maintenance and preservation amount required by 
        section 8906(b)(1) of title 40, United States Code), there 
        remains a balance of funds received for the establishment of the 
        commemorative work, the Georgetown African American Historic 
        Landmark Project and Tour shall transmit the amount of the 
        balance to the Secretary for deposit in the account provided for 
        section 8906(b)(3) of that title.
            (2) On expiration of authority.--If, on expiration of the 
        authority for the commemorative work under section 8903(e) of 
        title 40, United States Code, there remains a balance of funds 
        received for the establishment of the commemorative work, the 
        Georgetown African American Historic Landmark Project and Tour 
        shall transmit the amount of the balance to a separate account 
        with the National Park Foundation for memorials, to be available 
        to the Secretary or the Administrator of General Services, as 
        appropriate, in accordance with the process provided in 
        paragraph (4) of section 8906(b) of that title for accounts 
        established under paragraph (2) or (3) of that section.
SEC. 708. <<NOTE: District of Columbia. 40 USC 8903 note.>>  
                        APPROVAL OF LOCATION OF COMMEMORATIVE WORK 
                        TO HONOR JOURNALISTS WHO SACRIFICED THEIR 
                        LIVES IN SERVICE TO A FREE PRESS.

    The location of a commemorative work to commemorate the commitment 
of the United States to a free press by honoring journalists who 
sacrificed their lives in service to that cause within Area I, as 
depicted on the map entitled ``Commemorative Areas Washington, DC and 
Environs'', numbered 869/86501 B, and dated June 24, 2003, is approved.

[[Page 136 STAT. 5621]]

SEC. 709. <<NOTE: District of Columbia. 40 USC 8903 note.>>  
                        AUTHORIZATION OF THOMAS PAINE 
                        COMMEMORATIVE WORK.

    (a) In General.--The Thomas Paine Memorial Association may establish 
a commemorative work on Federal land in the District of Columbia and its 
environs to honor the United States patriot, Thomas Paine.
    (b) <<NOTE: Thomas Paine Memorial Association.>>  Compliance With 
Standards for Commemorative Works.--The establishment of the 
commemorative work under this section shall be in accordance with 
chapter 89 of title 40, United States Code (commonly known as the 
``Commemorative Works Act'').

    (c) Prohibition on the Use of Federal Funds.--Federal funds may not 
be used to pay any expense of the establishment of the commemorative 
work under this section.
    (d) Deposit of Excess Funds.--
            (1) In general.--If, on payment of all expenses for the 
        establishment of the commemorative work under this section 
        (including the maintenance and preservation amount required by 
        section 8906(b)(1) of title 40, United States Code), there 
        remains a balance of funds received for the establishment of the 
        commemorative work, the Thomas Paine Memorial Association shall 
        transmit the amount of the balance to the Secretary for deposit 
        in the account provided for in section 8906(b)(3) of that title.
            (2) On expiration of authority.--If, on expiration of the 
        authority for the commemorative work under section 8903(e) of 
        title 40, United States Code, there remains a balance of funds 
        received for the establishment of the commemorative work, the 
        Thomas Paine Memorial Association shall transmit the amount of 
        the balance to a separate account with the National Park 
        Foundation for memorials, to be available to the Secretary or 
        the Administrator of General Services, as appropriate, in 
        accordance with the process provided in paragraph (4) of section 
        8906(b) of that title for accounts established under paragraphs 
        (2) and (3) of that section.
SEC. 710. DESIGNATION OF UKRAINIAN INDEPENDENCE PARK.

    (a) Designation.--
            (1) In general.--The area described in paragraph (2) shall 
        be designated as ``Ukrainian Independence Park''.
            (2) Description of area.--The area designated under 
        paragraph (1) is the approximately 0.35 acres generally depicted 
        as ``Ukrainian Independence Park'' on the map entitled 
        ``Ukrainian Independence Park Proposed Boundary'', numbered 802/
        180,561, and dated June 2022.

    (b) Reference.--Any reference in any law, regulation, document, 
record, map, paper, or other record of the United States to the area or 
properties described in subsection (a) is deemed to be a reference to 
``Ukrainian Independence Park''.
    (c) Signage.--The Secretary may post signs on or near Ukrainian 
Independence Park that include information on the importance of the 
independence, freedom, and sovereignty of Ukraine and the solidarity 
between the people of Ukraine and the United States.

[[Page 136 STAT. 5622]]

                        TITLE VIII--MISCELLANEOUS

SEC. 801. LONG-TERM ABANDONED MINE LAND RECLAMATION.

    Section 40701(c) of the Infrastructure Investment and Jobs Act (30 
U.S.C. 1231a(c)) is amended--
            (1) by striking ``Grants under'' and inserting the 
        following:
            ``(1) In general.--Except as provided in paragraph (2), 
        grants under''; and
            (2) by adding at the end the following:
            ``(2) Long-term abandoned mine land reclamation.--
                    ``(A) In general.--Not more than 30 percent of the 
                total amount of a grant made annually under subsection 
                (b)(1) may be retained by the recipient of the grant if 
                those amounts are deposited into a long-term abandoned 
                mine land reclamation fund established under State law, 
                from which amounts (together with all interest earned on 
                the amounts) are expended by the State or Indian Tribe, 
                as applicable, for--
                          ``(i) the abatement of the causes and the 
                      treatment of the effects of acid mine drainage 
                      resulting from coal mining practices, including 
                      for the costs of building, operating, maintaining, 
                      and rehabilitating acid mine drainage treatment 
                      systems;
                          ``(ii) the prevention, abatement, and control 
                      of subsidence; or
                          ``(iii) the prevention, abatement, and control 
                      of coal mine fires.
                    ``(B) Reporting requirements.--Each recipient of a 
                grant under subsection (b)(1) that deposits grant 
                amounts into a long-term abandoned mine land reclamation 
                fund under subparagraph (A) shall--
                          ``(i) offer amendments to the inventory 
                      maintained under section 403(c) of the Surface 
                      Mining Control and Reclamation Act of 1977 (30 
                      U.S.C. 1233(c)) to reflect the use of the amounts 
                      for--
                                    ``(I) acid mine drainage abatement 
                                and treatment;
                                    ``(II) subsidence prevention, 
                                abatement, and control; and
                                    ``(III) coal mine fire prevention, 
                                abatement, and control; and
                          ``(ii) include in the annual grant report of 
                      the recipient information on the status and 
                      balance of amounts in the long-term abandoned mine 
                      land reclamation fund.
                    ``(C) Term.--Amounts retained under subparagraph (A) 
                shall not be subject to--
                          ``(i) subsection (d)(4)(B); or
                          ``(ii) any other limitation on the length of 
                      the term of an annual grant under subsection 
                      (b)(1).''.
SEC. 802. CONSENT OF CONGRESS TO AMENDMENT TO THE CONSTITUTION OF 
                        THE STATE OF NEW MEXICO.

    Congress consents to the amendment to the Constitution of the State 
of New Mexico proposed by House Joint Resolution 1 of the 55th 
Legislature of the State of New Mexico, First Session,

[[Page 136 STAT. 5623]]

2021, entitled ``A Joint Resolution Proposing an Amendment to Article 
12, Section 7 of the Constitution of New Mexico to Provide for 
Additional Annual Distributions of the Permanent School Fund for 
Enhanced Instruction for Students at Risk of Failure, Extending the 
School Year, Teacher Compensation and Early Childhood Education; 
Requiring Congressional Approval for Distributions for Early Childhood 
Education''.

                  DIVISION EE--POST OFFICE DESIGNATIONS

SEC. 101. <<NOTE: Minnesota.>>  COYA KNUTSON POST OFFICE.

    (a) Designation.--The facility of the United States Postal Service 
located at 202 2nd Avenue in Oklee, Minnesota, shall be known and 
designated as the ``Coya Knutson Post Office''.
    (b) References.--Any reference in a law, map, regulation, document, 
paper, or other record of the United States to the facility referred to 
in subsection (a) shall be deemed to be a reference to the ``Coya 
Knutson Post Office''.
SEC. 102. <<NOTE: South Carolina.>>  ROBERT SMALLS POST OFFICE.

    (a) Designation.--The facility of the United States Postal Service 
located at 11 Robert Smalls Parkway Suite C in Beaufort, South Carolina, 
shall be known and designated as the ``Robert Smalls Post Office''.
    (b) References.--Any reference in a law, map, regulation, document, 
paper, or other record of the United States to the facility referred to 
in subsection (a) shall be deemed to be a reference to the ``Robert 
Smalls Post Office''.
SEC. 103. <<NOTE: Kansas.>>  ROBERT J. DOLE MEMORIAL POST OFFICE 
                        BUILDING.

    (a) Designation.--The facility of the United States Postal Service 
located at 135 West Wisconsin Street in Russell, Kansas, shall be known 
and designated as the ``Robert J. Dole Memorial Post Office Building''.
    (b) References.--Any reference in a law, map, regulation, document, 
paper, or other record of the United States to the facility referred to 
in subsection (a) shall be deemed to be a reference to the ``Robert J. 
Dole Memorial Post Office Building''.
SEC. 104. <<NOTE: South Carolina.>>  CHARLES E. FRASER POST OFFICE 
                        BUILDING.

    (a) Designation.--The facility of the United States Postal Service 
located at 10 Bow Circle in Hilton Head Island, South Carolina, shall be 
known and designated as the ``Charles E. Fraser Post Office Building''.
    (b) References.--Any reference in a law, map, regulation, document, 
paper, or other record of the United States to the facility referred to 
in subsection (a) shall be deemed to be a reference to the ``Charles E. 
Fraser Post Office Building''.
SEC. 105. <<NOTE: South Carolina.>>  HARRIET TUBMAN POST OFFICE 
                        BUILDING.

    (a) Designation.--The facility of the United States Postal Service 
located at 501 Charles Street in Beaufort, South Carolina, shall be 
known and designated as the ``Harriet Tubman Post Office Building''.
    (b) References.--Any reference in a law, map, regulation, document, 
paper, or other record of the United States to the facility

[[Page 136 STAT. 5624]]

referred to in subsection (a) shall be deemed to be a reference to the 
``Harriet Tubman Post Office Building''.
SEC. 106. <<NOTE: Illinois.>>  CORPORAL BENJAMIN DESILETS POST 
                        OFFICE.

    (a) Designation.--The facility of the United States Postal Service 
located at 114 North Magnolia Street in Elmwood, Illinois, shall be 
known and designated as the ``Corporal Benjamin Desilets Post Office''.
    (b) References.--Any reference in a law, map, regulation, document, 
paper, or other record of the United States to the facility referred to 
in subsection (a) shall be deemed to be a reference to the ``Corporal 
Benjamin Desilets Post Office''.
SEC. 107. <<NOTE: Illinois.>>  SGT. JEREMY C. SHERMAN POST OFFICE 
                        BUILDING.

    (a) Designation.--The facility of the United States Postal Service 
located at 101 West Walnut Street in Watseka, Illinois, shall be known 
and designated as the ``Sgt. Jeremy C. Sherman Post Office Building''.
    (b) References.--Any reference in a law, map, regulation, document, 
paper, or other record of the United States to the facility referred to 
in subsection (a) shall be deemed to be a reference to the ``Sgt. Jeremy 
C. Sherman Post Office Building''.
SEC. 108. <<NOTE: Oklahoma.>>  SERGEANT BRET D. ISENHOWER MEMORIAL 
                        POST OFFICE BUILDING.

    (a) Designation.--The facility of the United States Postal Service 
located at 120 East Oak Avenue in Seminole, Oklahoma, shall be known and 
designated as the ``Sergeant Bret D. Isenhower Memorial Post Office 
Building''.
    (b) References.--Any reference in a law, map, regulation, document, 
paper, or other record of the United States to the facility referred to 
in subsection (a) shall be deemed to be a reference to the ``Sergeant 
Bret D. Isenhower Memorial Post Office Building''.
SEC. 109. <<NOTE: California.>>  COTTLE CENTANNI POST OFFICE 
                        BUILDING.

    (a) Designation.--The facility of the United States Postal Service 
located at 4770 Eureka Avenue in Yorba Linda, California, shall be known 
and designated as the ``Cottle Centanni Post Office Building''.
    (b) References.--Any reference in a law, map, regulation, document, 
paper, or other record of the United States to the facility referred to 
in subsection (a) shall be deemed to be a reference to the ``Cottle 
Centanni Post Office Building''.
SEC. 110. <<NOTE: Wisconsin.>>  CAPTAIN ROBERT C. HARMON AND 
                        PRIVATE JOHN R. PEIRSON POST OFFICE 
                        BUILDING.

    (a) Designation.--The facility of the United States Postal Service 
located at 430 South Knowles Avenue in New Richmond, Wisconsin, shall be 
known and designated as the ``Captain Robert C. Harmon and Private John 
R. Peirson Post Office Building''.
    (b) References.--Any reference in a law, map, regulation, document, 
paper, or other record of the United States to the facility referred to 
in subsection (a) shall be deemed to be a reference to the ``Captain 
Robert C. Harmon and Private John R. Peirson Post Office Building''.
SEC. 111. <<NOTE: Wisconsin.>>  CORPORAL MITCHELL RED CLOUD, JR. 
                        POST OFFICE.

    (a) Designation.--The facility of the United States Postal Service 
located at 619 Hewett Street in Neillsville, Wisconsin, shall

[[Page 136 STAT. 5625]]

be known and designated as the ``Corporal Mitchell Red Cloud, Jr. Post 
Office''.
    (b) References.--Any reference in a law, map, regulation, document, 
paper, or other record of the United States to the facility referred to 
in subsection (a) shall be deemed to be a reference to the ``Corporal 
Mitchell Red Cloud, Jr. Post Office''.
SEC. 112. <<NOTE: Pennsylvania.>>  CORPORAL JOSEPH RODNEY CHAPMAN 
                        POST OFFICE.

    (a) Designation.--The facility of the United States Postal Service 
located at 415 High Street in Freeport, Pennsylvania, shall be known and 
designated as the ``Corporal Joseph Rodney Chapman Post Office''.
    (b) References.--Any reference in a law, map, regulation, document, 
paper, or other record of the United States to the facility referred to 
in subsection (a) shall be deemed to be a reference to the ``Corporal 
Joseph Rodney Chapman Post Office''.
SEC. 113. <<NOTE: Pennsylvania.>>  HAROLD BILLOW POST OFFICE 
                        BUILDING.

    (a) Designation.--The facility of the United States Postal Service 
located at 1 East Main Street in Mount Joy, Pennsylvania, shall be known 
and designated as the ``Harold Billow Post Office Building''.
    (b) References.--Any reference in a law, map, regulation, document, 
paper, or other record of the United States to the facility referred to 
in subsection (a) shall be deemed to be a reference to the ``Harold 
Billow Post Office Building''.
SEC. 114. <<NOTE: Wisconsin.>>  ROMUALD ``BUD'' BRZEZINSKI POST 
                        OFFICE.

    (a) Designation.--The facility of the United States Postal Service 
located at N4805 State Highway 32 in Krakow, Wisconsin, shall be known 
and designated as the ``Romuald `Bud' Brzezinski Post Office''.

    (b) References.--Any reference in a law, map, regulation, document, 
paper, or other record of the United States to the facility referred to 
in subsection (a) shall be deemed to be a reference to the ``Romuald 
`Bud' Brzezinski Post Office''.
SEC. 115. <<NOTE: Wisconsin.>>  MITCHELL F. LUNDGAARD POST OFFICE 
                        BUILDING.

    (a) Designation.--The facility of the United States Postal Service 
located at 410 Franklin Street in Appleton, Wisconsin, shall be known 
and designated as the ``Mitchell F. Lundgaard Post Office Building''.
    (b) References.--Any reference in a law, map, regulation, document, 
paper, or other record of the United States to the facility referred to 
in subsection (a) shall be deemed to be a reference to the ``Mitchell F. 
Lundgaard Post Office Building''.
SEC. 116. <<NOTE: California.>>  JUDGE JAMES PEREZ POST OFFICE.

    (a) Designation.--The facility of the United States Postal Service 
located at 615 North Bush Street in Santa Ana, California, shall be 
known and designated as the ``Judge James Perez Post Office''.
    (b) References.--Any reference in a law, map, regulation, document, 
paper, or other record of the United States to the facility referred to 
in subsection (a) shall be deemed to be a reference to the ``Judge James 
Perez Post Office''.
SEC. 117. <<NOTE: California.>>  CHANGE OF ADDRESS FOR MARILYN 
                        MONROE POST OFFICE.

    Section 1 of Public Law 116-80 <<NOTE: 133 Stat. 1178.>>  is amended 
to read as follows:

[[Page 136 STAT. 5626]]

``SEC. 1. MARILYN MONROE POST OFFICE BUILDING.

    ``(a) Designation.--The facility of the United States Postal Service 
located at 15701 Sherman Way in Van Nuys, California, shall be known and 
designated as the `Marilyn Monroe Post Office Building'.
    ``(b) References.--Any reference in a law, map, regulation, 
document, paper, or other record of the United States to the facility 
referred to in subsection (a) shall be deemed to be a reference to the 
`Marilyn Monroe Post Office Building'.''.
SEC. 118. <<NOTE: Virginia.>>  JESUS ANTONIO COLLAZOS POST OFFICE 
                        BUILDING.

    (a) Designation.--The facility of the United States Postal Service 
located at 2200 North George Mason Drive in Arlington, Virginia, shall 
be known and designated as the ``Jesus Antonio Collazos Post Office 
Building''.
    (b) References.--Any reference in a law, map, regulation, document, 
paper, or other record of the United States to the facility referred to 
in subsection (a) shall be deemed to be a reference to the ``Jesus 
Antonio Collazos Post Office Building''.
SEC. 119. <<NOTE: California.>>  ESTEBAN E. TORRES POST OFFICE 
                        BUILDING.

    (a) Designation.--The facility of the United States Postal Service 
located at 396 South California Avenue in West Covina, California, shall 
be known and designated as the ``Esteban E. Torres Post Office 
Building''.
    (b) References.--Any reference in a law, map, regulation, document, 
paper, or other record of the United States to the facility referred to 
in subsection (a) shall be deemed to be a reference to the ``Esteban E. 
Torres Post Office Building''.
SEC. 120. DISTRICT OF COLUMBIA SERVICEMEMBERS AND VETERANS POST 
                        OFFICE.

    (a) Designation.--The facility of the United States Postal Service 
located at 400 Southern Avenue Southeast in Washington, District of 
Columbia, shall be known and designated as the ``District of Columbia 
Servicemembers and Veterans Post Office''.
    (b) References.--Any reference in a law, map, regulation, document, 
paper, or other record of the United States to the facility referred to 
in subsection (a) shall be deemed to be a reference to the ``District of 
Columbia Servicemembers and Veterans Post Office''.
SEC. 121. <<NOTE: Illinois.>>  ARMY SPECIALIST JOSEPH ``JOEY'' W. 
                        DIMOCK II POST OFFICE BUILDING.

    (a) Designation.--The facility of the United States Postal Service 
located at 75 Commerce Drive in Grayslake, Illinois, shall be known and 
designated as the ``Army Specialist Joseph `Joey' W. Dimock II Post 
Office Building''.
    (b) References.--Any reference in a law, map, regulation, document, 
paper, or other record of the United States to the facility referred to 
in subsection (a) shall be deemed to be a reference to the ``Army 
Specialist Joseph `Joey' W. Dimock II Post Office Building''.
SEC. 122. <<NOTE: California.>>  CORPORAL HUNTER LOPEZ MEMORIAL 
                        POST OFFICE BUILDING.

    (a) Designation.--The facility of the United States Postal Service 
located at 79125 Corporate Centre Drive in La Quinta,

[[Page 136 STAT. 5627]]

California, shall be known and designated as the ``Corporal Hunter Lopez 
Memorial Post Office Building''.
    (b) References.--Any reference in a law, map, regulation, document, 
paper, or other record of the United States to the facility referred to 
in subsection (a) shall be deemed to be a reference to the ``Corporal 
Hunter Lopez Memorial Post Office Building''.
SEC. 123. <<NOTE: California.>>  CHIEF RUDY BANUELOS POST OFFICE.

    (a) Designation.--The facility of the United States Postal Service 
located at 123 South 3rd Street in King City, California, shall be known 
and designated as the ``Chief Rudy Banuelos Post Office''.
    (b) References.--Any reference in a law, map, regulation, document, 
paper, or other record of the United States to the facility referred to 
in subsection (a) shall be deemed to be a reference to the ``Chief Rudy 
Banuelos Post Office''.
SEC. 124. <<NOTE: California.>>  CHAIRMAN RICHARD MILANOVICH POST 
                        OFFICE.

    (a) Designation.--The facility of the United States Postal Service 
located at 333 North Sunrise Way in Palm Springs, California, shall be 
known and designated as the ``Chairman Richard Milanovich Post Office''.
    (b) References.--Any reference in a law, map, regulation, document, 
paper, or other record of the United States to the facility referred to 
in subsection (a) shall be deemed to be a reference to the ``Chairman 
Richard Milanovich Post Office''.
SEC. 125. <<NOTE: New Mexico.>>  U.S. SENATOR DENNIS CHAVEZ POST 
                        OFFICE.

    (a) Designation.--The facility of the United States Postal Service 
located at 400 North Main Street in Belen, New Mexico, shall be known 
and designated as the ``U.S. Senator Dennis Chavez Post Office''.
    (b) References.--Any reference in a law, map, regulation, document, 
paper, or other record of the United States to the facility referred to 
in subsection (a) shall be deemed to be a reference to the ``U.S. 
Senator Dennis Chavez Post Office''.

  DIVISION FF <<NOTE: Health Extenders, Improving Access to Medicare, 
  Medicaid, and CHIP, and Strengthening Public Health Act of 2022.>> --
HEALTH AND HUMAN SERVICES
SEC. 1. <<NOTE: 42 USC 201 note.>>  SHORT TITLE.

    This division may be cited as the ``Health Extenders, Improving 
Access to Medicare, Medicaid, and CHIP, and Strengthening Public Health 
Act of 2022''.
SEC. 2. TABLE OF CONTENTS.

    The table of contents for this division is as follows:

                 DIVISION FF--HEALTH AND HUMAN SERVICES

Sec. 1. Short title.
Sec. 2. Table of contents.

        TITLE I--RESTORING HOPE FOR MENTAL HEALTH AND WELL-BEING

Sec. 1001. Short title.

             Subtitle A--Mental Health and Crisis Care Needs

        Chapter 1--Crisis Care Services and 9-8-8 Implementation

Sec. 1101. Behavioral Health Crisis Coordinating Office.

[[Page 136 STAT. 5628]]

Sec. 1102. Crisis response continuum of care.
Sec. 1103. Suicide Prevention Lifeline Improvement.

 Chapter 2--Into the Light for Maternal Mental Health and Substance Use 
                                Disorders

Sec. 1111. Screening and treatment for maternal mental health and 
           substance use disorders.
Sec. 1112. Maternal mental health hotline.
Sec. 1113. Task force on maternal mental health.
Sec. 1114. Residential treatment program for pregnant and postpartum 
           women pilot program reauthorization.

    Chapter 3--Reaching Improved Mental Health Outcomes for Patients

Sec. 1121. Innovation for mental health.
Sec. 1122. Crisis care coordination.
Sec. 1123. Treatment of serious mental illness.
Sec. 1124. Study on the costs of serious mental illness.

                      Chapter 4--Anna Westin Legacy

Sec. 1131. Maintaining education and training on eating disorders.

 Chapter 5--Community Mental Health Services Block Grant Reauthorization

Sec. 1141. Reauthorization of block grants for community mental health 
           services.

            Chapter 6--Peer-Supported Mental Health Services

Sec. 1151. Peer-supported mental health services.

 Subtitle B--Substance Use Disorder Prevention, Treatment, and Recovery 
                                Services

              Chapter 1--Native Behavioral Health Resources

Sec. 1201. Behavioral health and substance use disorder resources for 
           Native Americans.

      Chapter 2--Summer Barrow Prevention, Treatment, and Recovery

Sec. 1211. Grants for the benefit of homeless individuals.
Sec. 1212. Priority substance use disorder treatment needs of regional 
           and national significance.
Sec. 1213. Evidence-based prescription opioid and heroin treatment and 
           interventions demonstration.
Sec. 1214. Priority substance use disorder prevention needs of regional 
           and national significance.
Sec. 1215. Sober Truth on Preventing (STOP) Underage Drinking 
           Reauthorization.
Sec. 1216. Grants for jail diversion programs.
Sec. 1217. Formula grants to States.
Sec. 1218. Projects for Assistance in Transition From Homelessness.
Sec. 1219. Grants for reducing overdose deaths.
Sec. 1220. Opioid overdose reversal medication access and education 
           grant programs.
Sec. 1221. Emergency department alternatives to opioids.

                Chapter 3--Excellence in Recovery Housing

Sec. 1231. Clarifying the role of SAMHSA in promoting the availability 
           of high-quality recovery housing.
Sec. 1232. Developing guidelines for States to promote the availability 
           of high-quality recovery housing.
Sec. 1233. Coordination of Federal activities to promote the 
           availability of recovery housing.
Sec. 1234. National Academies of Sciences, Engineering, and Medicine 
           study and report.
Sec. 1235. Grants for States to promote the availability of recovery 
           housing and services.
Sec. 1236. Funding.
Sec. 1237. Technical correction.

 Chapter 4--Substance Use Prevention, Treatment, and Recovery Services 
                               Block Grant

Sec. 1241. Eliminating stigmatizing language relating to substance use.
Sec. 1242. Authorized activities.

[[Page 136 STAT. 5629]]

Sec. 1243. State plan requirements.
Sec. 1244. Updating certain language relating to Tribes.
Sec. 1245. Block grants for substance use prevention, treatment, and 
           recovery services.
Sec. 1246. Requirement of reports and audits by States.
Sec. 1247. Study on assessment for use of State resources.

           Chapter 5--Timely Treatment for Opioid Use Disorder

Sec. 1251. Study on exemptions for treatment of opioid use disorder 
           through opioid treatment programs during the COVID-19 public 
           health emergency.
Sec. 1252. Changes to Federal opioid treatment standards.

    Chapter 6--Additional Provisions Relating to Addiction Treatment

Sec. 1261. Prohibition.
Sec. 1262. Eliminating additional requirements for dispensing narcotic 
           drugs in schedule III, IV, and V for maintenance or 
           detoxification treatment.
Sec. 1263. Requiring prescribers of controlled substances to complete 
           training.
Sec. 1264. Increase in number of days before which certain controlled 
           substances must be administered.

                    Chapter 7--Opioid Crisis Response

Sec. 1271. Opioid prescription verification.
Sec. 1272. Synthetic opioid and emerging drug misuse danger awareness.
Sec. 1273. Grant program for State and Tribal response to opioid use 
           disorders.

          Subtitle C--Access to Mental Health Care and Coverage

   Chapter 1--Improving Uptake and Patient Access to Integrated Care 
                                Services

Sec. 1301. Improving uptake and patient access to integrated care 
           services.

         Chapter 2--Helping Enable Access to Lifesaving Services

Sec. 1311. Reauthorization and provision of certain programs to 
           strengthen the health care workforce.
Sec. 1312. Reauthorization of minority fellowship program.

 Chapter 3--Eliminating the Opt-Out for Nonfederal Governmental Health 
                                  Plans

Sec. 1321. Eliminating the opt-out for nonfederal governmental health 
           plans.

       Chapter 4--Mental Health and Substance Use Disorder Parity 
                             Implementation

Sec. 1331. Grants to support mental health and substance use disorder 
           parity implementation.

                     Subtitle D--Children and Youth

       Chapter 1--Supporting Children's Mental Health Care Access

Sec. 1401. Technical assistance for school-based health centers.
Sec. 1402. Infant and early childhood mental health promotion, 
           intervention, and treatment.
Sec. 1403. Co-occurring chronic conditions and mental health in youth 
           study.
Sec. 1404. Best practices for behavioral and mental health intervention 
           teams.

           Chapter 2--Continuing Systems of Care for Children

Sec. 1411. Comprehensive Community Mental Health Services for Children 
           with Serious Emotional Disturbances.
Sec. 1412. Substance Use Disorder Treatment and Early Intervention 
           Services for Children and Adolescents.

          Chapter 3--Garrett Lee Smith Memorial Reauthorization

Sec. 1421. Suicide prevention technical assistance center.
Sec. 1422. Youth suicide early intervention and prevention strategies.
Sec. 1423. Mental health and substance use disorder services for 
           students in higher education.
Sec. 1424. Mental and behavioral health outreach and education at 
           institutions of higher education.

                   Chapter 4--Media and Mental Health

Sec. 1431. Study on the effects of smartphone and social media use on 
           adolescents.

[[Page 136 STAT. 5630]]

Sec. 1432. Research on the health and development effects of media and 
           related technology on infants, children, and adolescents.

                  Subtitle E--Miscellaneous Provisions

Sec. 1501. Limitations on authority.

TITLE II--PREPARING FOR AND RESPONDING TO EXISTING VIRUSES, EMERGING NEW 
                         THREATS, AND PANDEMICS

Sec. 2001. Short title.

        Subtitle A--Strengthening Federal and State Preparedness

            Chapter 1--Federal Leadership and Accountability

Sec. 2101. Appointment and authority of the Director of the Centers for 
           Disease Control and Prevention.
Sec. 2102. Advisory committee to the director of the centers for disease 
           control and prevention.
Sec. 2103. Public health and medical preparedness and response 
           coordination.
Sec. 2104. Office of Pandemic Preparedness and Response Policy.

                  Chapter 2--State and Local Readiness

Sec. 2111. Improving State and local public health security.
Sec. 2112. Supporting access to mental health and substance use disorder 
           services during public health emergencies.
Sec. 2113. Trauma care reauthorization.
Sec. 2114. Assessment of containment and mitigation of infectious 
           diseases.
Sec. 2115. Consideration of unique challenges in noncontiguous States 
           and territories.

 Subtitle B--Improving Public Health Preparedness and Response Capacity

         Chapter 1--Improving Public Health Emergency Responses

Sec. 2201. Addressing factors related to improving health outcomes.

    Chapter 2--Improving State, Local, and Tribal Public Health Data

Sec. 2211. Modernizing State, local, and Tribal biosurveillance 
           capabilities and infectious disease data.
Sec. 2212. Genomic sequencing, analytics, and public health surveillance 
           of pathogens.
Sec. 2213. Supporting State, local, and Tribal public health data.
Sec. 2214. Epidemic forecasting and outbreak analytics.
Sec. 2215. Public health data transparency.
Sec. 2216. GAO report on public health preparedness, response, and 
           recovery data capabilities.

           Chapter 3--Revitalizing the Public Health Workforce

Sec. 2221. Improving recruitment and retention of the frontline public 
           health workforce.
Sec. 2222. Awards to support community health workers and community 
           health.
Sec. 2223. Improving public health emergency response capacity.
Sec. 2224. Increasing educational opportunities for allied health 
           professions.
Sec. 2225. Public Health Service Corps annual and sick leave.
Sec. 2226. Leadership exchange pilot for public health and medical 
           preparedness and response positions at the Department of 
           Health and Human Services.
Sec. 2227. Continuing educational support for health professionals 
           serving in rural and underserved communities.

      Chapter 4--Enhancing Public Health Preparedness and Response

Sec. 2231. Centers for public health preparedness and response.
Sec. 2232. Vaccine distribution plans.
Sec. 2233. Coordination and collaboration regarding blood supply.
Sec. 2234. Supporting laboratory capacity and international 
           collaboration to address antimicrobial resistance.
Sec. 2235. One Health framework.
Sec. 2236. Supporting children during public health emergencies.

     Subtitle C--Accelerating Research and Countermeasure Discovery

Chapter 1--Fostering Research and Development and Improving Coordination

Sec. 2301. Research centers for pathogens of pandemic concern.

[[Page 136 STAT. 5631]]

Sec. 2302. Improving medical countermeasure research coordination.
Sec. 2303. Accessing specimen samples and diagnostic tests.
Sec. 2304. National Academies of Sciences, Engineering, and Medicine 
           study on natural immunity in relation to the COVID-19 
           pandemic.

             Chapter 2--Improving Biosafety and Biosecurity

Sec. 2311. Improving control and oversight of select biological agents 
           and toxins.
Sec. 2312. Strategy for Federal high-containment laboratories.
Sec. 2313. National Science Advisory Board for Biosecurity.
Sec. 2314. Research to improve biosafety.
Sec. 2315. Federally-funded research with enhanced pathogens of pandemic 
           potential.

  Chapter 3--Preventing Undue Foreign Influence in Biomedical Research

Sec. 2321. Foreign talent recruitment programs.
Sec. 2322. Securing identifiable, sensitive information and addressing 
           other national security risks related to research.
Sec. 2323. Duties of the Director.
Sec. 2324. Protecting America's biomedical research enterprise.
Sec. 2325. GAO Study.
Sec. 2326. Report on progress to address undue foreign influence.

           Chapter 4--Advanced Research Projects Agency-Health

Sec. 2331. Advanced Research Projects Agency-Health.

  Subtitle D--Modernizing and Strengthening the Supply Chain for Vital 
                            Medical Products

Sec. 2401. Warm base manufacturing capacity for medical countermeasures.
Sec. 2402. Supply chain considerations for the Strategic National 
           Stockpile.
Sec. 2403. Strategic National Stockpile equipment maintenance.
Sec. 2404. Improving transparency and predictability of processes of the 
           Strategic National Stockpile.
Sec. 2405. Improving supply chain flexibility for the Strategic National 
           Stockpile.
Sec. 2406. Reimbursement for certain supplies.
Sec. 2407. Action reporting on stockpile depletion.
Sec. 2408. Provision of medical countermeasures to Indian programs and 
           facilities.
Sec. 2409. Grants for State strategic stockpiles.
Sec. 2410. Study on incentives for domestic production of generic 
           medicines.
Sec. 2411. Increased manufacturing capacity for certain critical 
           antibiotic drugs.

  Subtitle E--Enhancing Development and Combating Shortages of Medical 
                                Products

                    Chapter 1--Development and Review

Sec. 2501. Accelerating countermeasure development and review.
Sec. 2502. Third party test evaluation during emergencies.
Sec. 2503. Platform technologies.
Sec. 2504. Increasing EUA decision transparency.
Sec. 2505. Improving FDA guidance and communication.

                     Chapter 2--Mitigating Shortages

Sec. 2511. Ensuring registration of foreign drug and device 
           manufacturers.
Sec. 2512. Extending expiration dates for certain drugs.
Sec. 2513. Combating counterfeit devices.
Sec. 2514. Preventing medical device shortages.
Sec. 2515. Technical corrections.

                 TITLE III--FOOD AND DRUG ADMINISTRATION

Sec. 3001. Short title.
Sec. 3002. Definition.

                      Subtitle A--Reauthorizations

Sec. 3101. Reauthorization of the critical path public-private 
           partnership.
Sec. 3102. Reauthorization of the best pharmaceuticals for children 
           program.
Sec. 3103. Reauthorization of the humanitarian device exemption 
           incentive.
Sec. 3104. Reauthorization of the pediatric device consortia program.
Sec. 3105. Reauthorization of provision pertaining to drugs containing 
           single enantiomers.
Sec. 3106. Reauthorization of certain device inspections.
Sec. 3107. Reauthorization of orphan drug grants.
Sec. 3108. Reauthorization of reporting requirements related to pending 
           generic drug applications and priority review applications.

[[Page 136 STAT. 5632]]

Sec. 3109. Reauthorization of third-party review program.

                     Subtitle B--Drugs and Biologics

     Chapter 1--Research, Development, and Competition Improvements

Sec. 3201. Prompt reports of marketing status by holders of approved 
           applications for biological products.
Sec. 3202. Improving the treatment of rare diseases and conditions.
Sec. 3203. Emerging technology program.
Sec. 3204. National Centers of Excellence in Advanced and Continuous 
           Pharmaceutical Manufacturing.
Sec. 3205. Public workshop on cell therapies.
Sec. 3206. Clarifications to exclusivity provisions for first 
           interchangeable biosimilar biological products.
Sec. 3207. GAO report on nonprofit pharmaceutical organizations.
Sec. 3208. Rare disease endpoint advancement pilot program.
Sec. 3209. Animal testing alternatives.
Sec. 3210. Modernizing accelerated approval.
Sec. 3211. Antifungal research and development.
Sec. 3212. Advancing qualified infectious disease product innovation.
Sec. 3213. Advanced manufacturing technologies designation program.

 Chapter 2--Transparency, Program Integrity, and Regulatory Improvements

Sec. 3221. Safer disposal of opioids.
Sec. 3222. Therapeutic equivalence evaluations.
Sec. 3223. Public docket on proposed changes to third-party vendors.
Sec. 3224. Enhancing access to affordable medicines.

                       Subtitle C--Medical Devices

Sec. 3301. Dual submission for certain devices.
Sec. 3302. Medical Devices Advisory Committee meetings.
Sec. 3303. GAO report on third-party review.
Sec. 3304. Certificates to foreign governments.
Sec. 3305. Ensuring cybersecurity of medical devices.
Sec. 3306. Bans of devices for one or more intended uses.
Sec. 3307. Third party data transparency.
Sec. 3308. Predetermined change control plans for devices.
Sec. 3309. Small business fee waiver.

                       Subtitle D--Infant Formula

Sec. 3401. Protecting infants and improving formula supply.

                          Subtitle E--Cosmetics

Sec. 3501. Short title.
Sec. 3502. Amendments to cosmetic requirements.
Sec. 3503. Enforcement and conforming amendments.
Sec. 3504. Records inspection.
Sec. 3505. Talc-containing cosmetics.
Sec. 3506. PFAS in cosmetics.
Sec. 3507. Sense of the Congress on animal testing.
Sec. 3508. Funding.

                  Subtitle F--Cross-Cutting Provisions

          Chapter 1--Clinical Trial Diversity and Modernization

Sec. 3601. Diversity action plans for clinical studies.
Sec. 3602. Guidance on diversity action plans for clinical studies.
Sec. 3603. Public workshops to enhance clinical study diversity.
Sec. 3604. Annual summary report on progress to increase diversity in 
           clinical studies.
Sec. 3605. Public meeting on clinical study flexibilities initiated in 
           response to COVID-19 pandemic.
Sec. 3606. Decentralized clinical studies.
Sec. 3607. Modernizing clinical trials.

                         Chapter 2--Inspections

Sec. 3611. Device inspections.
Sec. 3612. Bioresearch monitoring inspections.
Sec. 3613. Improving Food and Drug Administration inspections.
Sec. 3614. GAO report on inspections of foreign establishments 
           manufacturing drugs.

[[Page 136 STAT. 5633]]

Sec. 3615. Unannounced foreign facility inspections pilot program.
Sec. 3616. Enhancing coordination and transparency on inspections.
Sec. 3617. Enhancing transparency of drug facility inspection timelines.

                        Chapter 3--Miscellaneous

Sec. 3621. Regulation of certain products as drugs.
Sec. 3622. Women's Health Research Roadmap.
Sec. 3623. Strategic workforce plan and report.
Sec. 3624. Enhancing Food and Drug Administration hiring authority for 
           scientific, technical, and professional personnel.
Sec. 3625. Facilities management.
Sec. 3626. User fee program transparency and accountability.
Sec. 3627. Improving information technology systems of the Food and Drug 
           Administration.
Sec. 3628. Reporting on mailroom and Office of the Executive Secretariat 
           of the Food and Drug Administration.
Sec. 3629. Facilitating the use of real world evidence.
Sec. 3630. Facilitating exchange of product information prior to 
           approval.
Sec. 3631. Streamlining blood donor input.

                      TITLE IV--MEDICARE PROVISIONS

                     Subtitle A--Medicare Extenders

Sec. 4101. Extension of increased inpatient hospital payment adjustment 
           for certain low-volume hospitals.
Sec. 4102. Extension of the Medicare-Dependent Hospital program.
Sec. 4103. Extension of add-on payments for ambulance services.

             Subtitle B--Other Expiring Medicare Provisions

Sec. 4111. Extending incentive payments for participation in eligible 
           alternative payment models.
Sec. 4112. Extension of support for physicians and other professionals 
           in adjusting to Medicare payment changes.
Sec. 4113. Advancing telehealth Beyond COVID-19.
Sec. 4114. Revised phase-in of Medicare clinical laboratory test payment 
           changes.

              Subtitle C--Medicare Mental Health Provisions

Sec. 4121. Coverage of marriage and family therapist services and mental 
           health counselor services under part B of the Medicare 
           program.
Sec. 4122. Additional residency positions.
Sec. 4123. Improving mobile crisis care in Medicare.
Sec. 4124. Ensuring adequate coverage of outpatient mental health 
           services under the Medicare program.
Sec. 4125. Improvements to Medicare prospective payment system for 
           psychiatric hospitals and psychiatric units.
Sec. 4126. Exception for physician wellness programs.
Sec. 4127. Consideration of safe harbor under the anti-kickback statute 
           for certain contingency management interventions.
Sec. 4128. Provider outreach and reporting on certain behavioral health 
           integration services.
Sec. 4129. Outreach and reporting on opioid use disorder treatment 
           services furnished by opioid treatment programs.
Sec. 4130. GAO study and report comparing coverage of mental health and 
           substance use disorder benefits and non-mental health and 
           substance use disorder benefits.

                  Subtitle D--Other Medicare Provisions

Sec. 4131. Temporary inclusion of authorized oral antiviral drugs as 
           covered part D drug.
Sec. 4132. Restoration of CBO access to certain part D payment data.
Sec. 4133. Medicare coverage of certain lymphedema compression treatment 
           items.
Sec. 4134. Permanent in-home benefit for IVIG services.
Sec. 4135. Access to non-opioid treatments for pain relief.
Sec. 4136. Technical amendments to Medicare separate payment for 
           disposable negative pressure wound therapy devices.
Sec. 4137. Extension of certain home health rural add-on payments.
Sec. 4138. Remedying election revocations relating to administration of 
           COVID-19 vaccines.
Sec. 4139. Payment rates for durable medical equipment under the 
           Medicare Program.
Sec. 4140. Extending Acute Hospital Care at Home waivers and 
           flexibilities.

[[Page 136 STAT. 5634]]

Sec. 4141. Extension of pass-through status under the Medicare program 
           for certain devices impacted by COVID-19.
Sec. 4142. Increasing transparency for home health payments under the 
           Medicare program.
Sec. 4143. Waiver of cap on annual payments for nursing and allied 
           health education payments.

                 Subtitle E--Health Care Tax Provisions

Sec. 4151. Extension of safe harbor for absence of deductible for 
           telehealth.

                           Subtitle F--Offsets

Sec. 4161. Reduction of Medicare Improvement Fund.
Sec. 4162. Extension of adjustment to calculation of hospice cap amount 
           under Medicare.
Sec. 4163. Medicare direct spending reductions.

                  TITLE V--MEDICAID AND CHIP PROVISIONS

                         Subtitle A--Territories

Sec. 5101. Medicaid adjustments for the territories.

                 Subtitle B--Medicaid and CHIP Coverage

Sec. 5111. Funding extension of the Children's Health Insurance Program 
           and related provisions.
Sec. 5112. Continuous eligibility for children under Medicaid and CHIP.
Sec. 5113. Modifications to postpartum coverage under Medicaid and CHIP.
Sec. 5114. Extension of Money Follows the Person Rebalancing 
           demonstration.
Sec. 5115. Extension of Medicaid protections against spousal 
           impoverishment for recipients of home and community-based 
           services.

               Subtitle C--Medicaid and CHIP Mental Health

Sec. 5121. Medicaid and CHIP requirements for health screenings, 
           referrals, and case management services for eligible 
           juveniles in public institutions.
Sec. 5122. Removal of limitations on Federal financial participation for 
           inmates who are eligible juveniles pending disposition of 
           charges.
Sec. 5123. Requiring accurate, updated, and searchable provider 
           directories.
Sec. 5124. Supporting access to a continuum of crisis response services 
           under Medicaid and CHIP.

   Subtitle D--Transitioning From Medicaid FMAP Increase Requirements

Sec. 5131. Transitioning from Medicaid FMAP increase requirements.

                  Subtitle E--Medicaid Improvement Fund

Sec. 5141. Medicaid improvement fund.

                        TITLE VI--HUMAN SERVICES

Sec. 6101. Jackie Walorski Maternal and Child Home Visiting 
           Reauthorization Act of 2022.
Sec. 6102. Extension of Temporary Assistance for Needy Families Program.
Sec. 6103. 1-year extension of child and family services programs.

 TITLE I <<NOTE: Restoring Hope for Mental Health and Well-Being Act of 
2022.>> --RESTORING HOPE FOR MENTAL HEALTH AND WELL-BEING
SEC. 1001. <<NOTE: 42 USC 201 note.>>  SHORT TITLE.

    This title may be cited as the ``Restoring Hope for Mental Health 
and Well-Being Act of 2022''.

[[Page 136 STAT. 5635]]

             Subtitle A--Mental Health and Crisis Care Needs

        CHAPTER 1--CRISIS CARE SERVICES AND 9-8-8 IMPLEMENTATION

SEC. 1101. BEHAVIORAL HEALTH CRISIS COORDINATING OFFICE.

    Part A of title V of the Public Health Service Act (42 U.S.C. 290aa 
et seq.) is amended by inserting after section 501A (42 U.S.C. 290aa-0) 
the following:
``SEC. 501B. <<NOTE: 42 USC 290aa-0a.>>  BEHAVIORAL HEALTH CRISIS 
                          COORDINATING OFFICE.

    ``(a) <<NOTE: Establishment.>>  In General.--The Secretary shall 
establish, within the Substance Abuse and Mental Health Services 
Administration, an office to coordinate work relating to behavioral 
health crisis care across the operating divisions and agencies of the 
Department of Health and Human Services, including the Substance Abuse 
and Mental Health Services Administration, the Centers for Medicare & 
Medicaid Services, and the Health Resources and Services Administration, 
and external stakeholders.

    ``(b) Duty.--The office established under subsection (a) shall--
            ``(1) convene Federal, State, Tribal, local, and private 
        partners;
            ``(2) launch and manage Federal workgroups charged with 
        making recommendations regarding issues related to mental health 
        and substance use disorder crises, including with respect to 
        health care best practices, workforce development, health 
        disparities, data collection, technology, program oversight, 
        public awareness, and engagement; and
            ``(3) support technical assistance, data analysis, and 
        evaluation functions in order to assist States, localities, 
        Territories, Indian Tribes, and Tribal organizations in 
        developing crisis care systems and identifying best practices 
        with the objective of expanding the capacity of, and access to, 
        local crisis call centers, mobile crisis care, crisis 
        stabilization, psychiatric emergency services, and rapid post-
        crisis follow-up care provided by--
                    ``(A) the National Suicide Prevention and Mental 
                Health Crisis Hotline and Response System;
                    ``(B) the Veterans Crisis Line;
                    ``(C) community mental health centers (as defined in 
                section 1861(ff)(3)(B) of the Social Security Act);
                    ``(D) certified community behavioral health clinics, 
                as described in section 223 of the Protecting Access to 
                Medicare Act of 2014; and
                    ``(E) other community mental health and substance 
                use disorder providers.

    ``(c) <<NOTE: Time period.>>  Authorization of Appropriations.--
There is authorized to be appropriated to carry out this section 
$5,000,000 for each of fiscal years 2023 through 2027.''.
SEC. 1102. <<NOTE: 42 USC 290aa-0a note.>>  CRISIS RESPONSE 
                          CONTINUUM OF CARE.

    (a) In General.--The Secretary, acting through the Assistant 
Secretary for Mental Health and Substance Use, shall facilitate the 
identification and publication of best practices for a crisis response 
continuum of care related to mental health and substance

[[Page 136 STAT. 5636]]

use disorders for use by health care providers, crisis services 
administrators, and crisis services providers in responding to 
individuals (including children and adolescents) experiencing mental 
health crises, substance-related crises, and crises arising from co-
occurring disorders.
    (b) Best Practices.--
            (1) In general.--The best practices published under 
        subsection (a) shall, as appropriate, address best practices 
        related to crisis response services for the range of entities 
        that furnish such services, taking into consideration such 
        services that--
                    (A) do not require prior authorization from an 
                insurance provider or group health plan nor a referral 
                from a health care provider prior to the delivery of 
                services;
                    (B) provide for serving all individuals regardless 
                of age or ability to pay;
                    (C) provide for operating 24 hours a day, 7 days a 
                week;
                    (D) provide for care and support through resources 
                described in paragraph (2)(A) until the individual has 
                been stabilized or transferred to the next level of 
                crisis care; and
                    (E) address psychiatric stabilization, including 
                for--
                          (i) individuals screened over the phone, text, 
                      and chat; and
                          (ii) individuals stabilized on the scene by 
                      mobile teams.
            (2) Identification of functions.--The best practices 
        published under subsection (a) shall consider the functions of 
        the range of services in the crisis response continuum, 
        including the following:
                    (A) Identification of resources for referral and 
                enrollment in continuing mental health, substance use, 
                or other human services relevant for the individual in 
                crisis where necessary.
                    (B) A description of access and entry points to 
                services within the crisis response continuum.
                    (C) Identification, as appropriate and consistent 
                with State laws, of any protocols and agreements for the 
                transfer and receipt of individuals to and from other 
                segments of the crisis response continuum segments as 
                needed, and from outside referrals, including health 
                care providers, first responders (including law 
                enforcement, paramedics, and firefighters), education 
                institutions, and community-based organizations.
                    (D) Description of the qualifications of the range 
                of crisis services staff, including roles for 
                physicians, licensed clinicians, case managers, and 
                peers (in accordance with State licensing requirements 
                or requirements applicable to Tribal health 
                professionals).
                    (E) The convening of collaborative meetings of 
                relevant crisis response system partners, such as crisis 
                response service providers, first responders (including 
                law enforcement, paramedics, and firefighters), and 
                community partners (including the National Suicide 
                Prevention Lifeline or 9-8-8 call centers, 9-1-1 public 
                service answering points, and local mental health and 
                substance use disorder treatment providers), operating 
                in a common region for

[[Page 136 STAT. 5637]]

                the discussion of case management, best practices, and 
                general performance improvement.
            (3) Service capacity and quality best practices.--The best 
        practices under subsection (a) may include recommendations on--
                    (A) the volume of services to meet population need;
                    (B) appropriate timely response; and
                    (C) capacity to meet the needs of different patient 
                populations that may experience a mental health or 
                substance use crisis, including children, families, and 
                all age groups, racial and ethnic minorities, veterans, 
                individuals with co-occurring mental health and 
                substance use disorders, individuals with disabilities, 
                and individuals with chronic illness.
            (4) Implementation timeframe.--The Secretary shall--
                    (A) <<NOTE: Deadline. Publication.>>  not later than 
                1 year after the date of enactment of this section, 
                publish and maintain the best practices required by 
                subsection (a); and
                    (B) after 3 years, facilitate the identification of 
                any updates to such best practices, as appropriate.
            (5) <<NOTE: Deadline. Assessment. Determination.>>  
        Evaluations.--Not later than 3 years after the date of enactment 
        of this Act, the Comptroller General of the United States shall 
        submit to the Committee on Health, Education, Labor, and 
        Pensions of the Senate and the Committee on Energy and Commerce 
        of the House of Representatives, an assessment of relevant 
        programs related to mental health and substance use disorder 
        crises authorized under title V of the Public Health Service Act 
        (42 U.S.C. 290aa et seq.) in order to assess the extent to which 
        such programs meet objectives and performance metrics, as 
        determined by the Secretary. <<NOTE: Data.>>  Such evaluation 
        may, as appropriate, include data on--
                    (A) the type and variety of services provided when 
                responding to mental health and substance use-related 
                crises;
                    (B) the impact on emergency department facility use 
                and length of stay, including for patients who require 
                further psychiatric care;
                    (C) the impact on access to crisis care centers and 
                crisis bed services;
                    (D) the impact on linkage to appropriate post-crisis 
                care; and
                    (E) the use of best practices and recommendations 
                identified under this section.
SEC. 1103. SUICIDE PREVENTION LIFELINE IMPROVEMENT.

    (a) Suicide Prevention Lifeline.--
            (1) Activities.--Section 520E-3(b) of the Public Health 
        Service Act (42 U.S.C. 290bb-36c(b)) is amended--
                    (A) in paragraph (1)--
                          (i) by inserting ``supporting and'' before 
                      ``coordinating''; and
                          (ii) by striking ``crisis intervention 
                      services'' and inserting ``mental health crisis 
                      intervention services, including appropriate 
                      follow-up services,'';
                    (B) in paragraph (2), by striking ``and'' at the 
                end;
                    (C) in paragraph (3), by striking the period at the 
                end and inserting a semicolon; and

[[Page 136 STAT. 5638]]

                    (D) by adding at the end the following:
            ``(4) improving awareness of the program for suicide 
        prevention and mental health crisis intervention services, 
        including by conducting an awareness initiative and ongoing 
        outreach to the public; and
            ``(5) improving the collection and analysis of demographic 
        information, in a manner that protects personal privacy, 
        consistent with applicable Federal and State privacy laws, in 
        order to understand disparities in access to the program among 
        individuals who are seeking help.''.
            (2) Plan.--Section 520E-3 of the Public Health Service Act 
        (42 U.S.C. 290bb-36c) is further amended--
                    (A) by redesignating subsection (c) as subsection 
                (f); and
                    (B) by inserting after subsection (b) the following:

    ``(c) Plan.--
            ``(1) In general.--For purposes of supporting the crisis 
        centers under subsection (b)(1) and maintaining the suicide 
        prevention hotline under subsection (b)(2), the Secretary shall 
        develop and implement a plan to ensure the provision of high-
        quality services.
            ``(2) Contents.--The plan required by paragraph (1) shall 
        include the following:
                    ``(A) <<NOTE: Evaluation.>>  Program evaluation, 
                including performance measures to assess progress toward 
                the goals and objectives of the program and to improve 
                the responsiveness and performance of the hotline, 
                including at all backup call centers.
                    ``(B) <<NOTE: Requirements.>>  Requirements that 
                crisis centers and backup centers must meet--
                          ``(i) to participate in the network under 
                      subsection (b)(1); and
                          ``(ii) to ensure that each telephone call and 
                      applicable other communication received by the 
                      hotline, including at backup call centers, is 
                      answered in a timely manner, consistent with 
                      evidence-based guidance or other guidance or best 
                      practices, as appropriate.
                    ``(C) Specific recommendations and strategies for 
                implementing evidence-based practices, including with 
                respect to followup and communicating the availability 
                of resources in the community for individuals in need.
                    ``(D) Criteria for carrying out periodic testing of 
                the hotline during each fiscal year, including at crisis 
                centers and backup centers, to identify and address any 
                problems in a timely manner.
            ``(3) Consultation.--In developing requirements under 
        paragraph (2)(B), the Secretary shall consult with State 
        departments of health, local governments, Indian Tribes, and 
        Tribal organizations.
            ``(4) <<NOTE: Public information.>>  Initial plan; 
        updates.--The Secretary shall--
                    ``(A) not later than 1 year after the date of 
                enactment of the Restoring Hope for Mental Health and 
                Well-Being Act of 2022, complete development of the 
                initial plan under paragraph (1) and make such plan 
                publicly available; and
                    ``(B) periodically thereafter, update such plan and 
                make the updated plan publicly available.''.

[[Page 136 STAT. 5639]]

            (3) Transmission of data to cdc and to assist state and 
        local agencies.--Section 520E-3 of the Public Health Service Act 
        (42 U.S.C. 290bb-36c) is amended by inserting after subsection 
        (c), as added by paragraph (2), the following:

    ``(d) <<NOTE: Contracts.>>  Improving Epidemiological Data.--The 
Secretary shall, as appropriate, formalize and strengthen agreements 
between the Suicide Prevention Lifeline program and the Centers for 
Disease Control and Prevention with respect to the secure sharing of de-
identified epidemiological data. <<NOTE: Privacy.>>  Such agreements 
shall include appropriate privacy and security protections that meet the 
requirements of applicable Federal law, at a minimum.

    ``(e) Data to Assist State and Local Suicide Prevention 
Activities.--The Secretary shall ensure that the aggregated information 
collected and any applicable analyses conducted under subsection (b)(5), 
including from local call centers, as applicable, are made available in 
a usable format to State and local agencies in order to inform suicide 
prevention activities.''.
            (4) Authorization of appropriations.--Subsection (f) of 
        section 520E-3 of the Public Health Service Act (42 U.S.C. 
        290bb-36c), as redesignated by paragraph (2), is amended to read 
        as follows:

    ``(f) <<NOTE: Time period.>>  Authorization of Appropriations.--To 
carry out this section, there are authorized to be appropriated 
$101,621,000 for each of fiscal years 2023 through 2027.''.

    (b) <<NOTE: 42 USC 290bb-36c note.>>  Pilot Program on Innovative 
Technologies.--
            (1) In general.--The Secretary of Health and Human Services, 
        acting through the Assistant Secretary for Mental Health and 
        Substance Use, shall, as appropriate, carry out a pilot program 
        to research, analyze, and employ various technologies and 
        platforms of communication (including social media platforms, 
        texting platforms, and email platforms) for suicide prevention 
        in addition to the telephone and online chat service provided by 
        the Suicide Prevention Lifeline.
            (2) Report.--Not later than 24 months after the date on 
        which the pilot program under paragraph (1) commences, the 
        Secretary of Health and Human Services, acting through the 
        Assistant Secretary for Mental Health and Substance Use, shall 
        submit to the Congress a report on the pilot program. With 
        respect to each platform of communication employed pursuant to 
        the pilot program, the report shall include--
                    (A) a full description of the program;
                    (B) the number of individuals served by the program;
                    (C) the average wait time for each individual to 
                receive a response;
                    (D) <<NOTE: Costs.>>  the cost of the program, 
                including the cost per individual served; and
                    (E) any other information the Secretary determines 
                appropriate.

    (c) HHS Study and Report.--Not later than 2 years after the 
Secretary of Health and Human Services completes development of the plan 
under section 520E-3(c) of the Public Health Service Act, as added by 
subsection (a)(2)(B), the Secretary shall--
            (1) complete a study on--
                    (A) the implementation of such plan, including the 
                progress towards meeting the goals and objectives 
                identified pursuant to paragraph (2)(A) of such section 
                520E-3(c); and

[[Page 136 STAT. 5640]]

                    (B) in consultation with the Director of the Centers 
                for Disease Control and Prevention, options to improve 
                data regarding usage of the Suicide Prevention Lifeline, 
                such as repeat calls, consistent with applicable Federal 
                and State privacy laws; and
            (2) <<NOTE: Recommenda- tions.>>  submit a report to 
        Congress on the progress made on meeting the goals and 
        objectives identified pursuant to paragraph (2)(A) of such 
        section 520E-3(c) and recommendations on improving the program, 
        including improvements to enhance data collection and usage.

    (d) GAO Study and Report.--
            (1) In general.--Not later than 2 years after the Secretary 
        of Health and Human Services begins implementation of the plan 
        required by section 520E-3(c) of the Public Health Service Act, 
        as added by subsection (a)(2)(B), the Comptroller General of the 
        United States shall--
                    (A) complete a study on the Suicide Prevention 
                Lifeline; and
                    (B) submit a report to the Congress on the results 
                of such study.
            (2) Content.--The study required by paragraph (1) shall 
        include what is known about--
                    (A) the feasibility of routing calls to the Suicide 
                Prevention Lifeline to the nearest crisis center based 
                on the physical location of the contact;
                    (B) capacity of the Suicide Prevention Lifeline;
                    (C) State and regional variation with respect to 
                access to crisis centers described in section 520E-
                3(b)(1) of the Public Health Service Act (42 U.S.C. 
                290bb-36c(b)(1)), including wait times, answer times, 
                hours of operation, and funding sources;
                    (D) the implementation of the plan under section 
                520E-3(c) of the Public Health Service Act, as added by 
                subsection (a)(2)(B), including the progress toward 
                meeting the goals and objectives in such plan; and
                    (E) the capacity of the Suicide Prevention Lifeline 
                to handle calls from individuals with limited English 
                proficiency.
            (3) Recommendations.--The report required by paragraph (1) 
        shall include recommendations for improving the Suicide 
        Prevention Lifeline, including recommendations for 
        administrative actions.

    (e) <<NOTE: 42 USC 290bb-36c note.>>  Definition.--In this section, 
the term ``Suicide Prevention Lifeline'' means the suicide prevention 
hotline maintained pursuant to section 520E-3 of the Public Health 
Service Act (42 U.S.C. 290bb-36c).

 CHAPTER 2--INTO THE LIGHT FOR MATERNAL MENTAL HEALTH AND SUBSTANCE USE 
                                DISORDERS

SEC. 1111. SCREENING AND TREATMENT FOR MATERNAL MENTAL HEALTH AND 
                          SUBSTANCE USE DISORDERS.

    (a) In General.--Section 317L-1 of the Public Health Service Act (42 
U.S.C. 247b-13a) is amended--
            (1) in the section heading, by striking ``maternal 
        depression'' and inserting ``maternal mental health and 
        substance use disorders''; and

[[Page 136 STAT. 5641]]

            (2) in subsection (a)--
                    (A) by inserting ``, Indian Tribes and Tribal 
                organizations (as such terms are defined in section 4 of 
                the Indian Self-Determination and Education Assistance 
                Act)'' after ``States''; and
                    (B) <<NOTE: Time period.>>  by striking ``for women 
                who are pregnant, or who have given birth within the 
                preceding 12 months, for maternal depression'' and 
                inserting ``for women who are postpartum, pregnant, or 
                have given birth within the preceding 12 months, for 
                maternal mental health and substance use disorders''.

    (b) Application.--Subsection (b) of section 317L-1 of the Public 
Health Service Act (42 U.S.C. 247b-13a) is amended--
            (1) by striking ``a State shall submit'' and inserting ``an 
        entity listed in subsection (a) shall submit''; and
            (2) in paragraphs (1) and (2), by striking ``maternal 
        depression'' each place it appears and inserting ``maternal 
        mental health and substance use disorders''.

    (c) Priority.--Subsection (c) of section 317L-1 of the Public Health 
Service Act (42 U.S.C. 247b-13a) is amended--
            (1) by striking ``may give priority to States proposing to 
        improve or enhance access to screening'' and inserting the 
        following: ``shall, as appropriate, give priority to entities 
        listed in subsection (a) that--
            ``(1) are proposing to create, improve, or enhance 
        screening, prevention, and treatment'';
            (2) by striking ``maternal depression'' and inserting 
        ``maternal mental health and substance use disorders'';
            (3) by striking the period at the end of paragraph (1), as 
        so designated, and inserting a semicolon; and
            (4) by inserting after such paragraph (1) the following:
            ``(2) are currently partnered with, or will partner with, 
        one or more community-based organizations to address maternal 
        mental health and substance use disorders;
            ``(3) are located in, or provide services under this section 
        in, an area with disproportionately high rates of maternal 
        mental health or substance use disorders or other related 
        disparities; and
            ``(4) operate in a health professional shortage area 
        designated under section 332, including maternity care health 
        professional target areas.''.

    (d) Use of Funds.--Subsection (d) of section 317L-1 of the Public 
Health Service Act (42 U.S.C. 247b-13a) is amended--
            (1) in paragraph (1)--
                    (A) in subparagraph (A), by striking ``to health 
                care providers; and'' and inserting ``on maternal mental 
                health and substance use disorder screening, brief 
                intervention, treatment (as applicable for health care 
                providers), and referrals for treatment to health care 
                providers in the primary care setting and, as 
                applicable, relevant health paraprofessionals;'';
                    (B) in subparagraph (B), by striking ``to health 
                care providers, including information on maternal 
                depression screening, treatment, and followup support 
                services, and linkages to community-based resources; 
                and'' and inserting ``on maternal mental health and 
                substance use disorder screening, brief intervention, 
                treatment (as applicable for

[[Page 136 STAT. 5642]]

                health care providers) and referrals for treatment, 
                follow-up support services, and linkages to community-
                based resources to health care providers in the primary 
                care setting and, as applicable, relevant health 
                paraprofessionals; and''; and
                    (C) by adding at the end the following:
                    ``(C) to the extent practicable and appropriate, 
                enabling health care providers (such as obstetrician-
                gynecologists, nurse practitioners, nurse midwives, 
                pediatricians, psychiatrists, mental and other 
                behavioral health care providers, and adult primary care 
                clinicians) to provide or receive real-time psychiatric 
                consultation (in-person or remotely), including through 
                the use of technology-enabled collaborative learning and 
                capacity building models (as defined in section 330N), 
                to aid in the treatment of pregnant and postpartum 
                women; and''; and
            (2) in paragraph (2)--
                    (A) by striking subparagraph (A);
                    (B) by redesignating subparagraphs (B) and (C) as 
                subparagraphs (A) and (B), respectively;
                    (C) in subparagraph (A), as so redesignated, by 
                striking ``and'' at the end;
                    (D) in subparagraph (B), as so redesignated--
                          (i) by inserting ``, including'' before ``for 
                      rural areas''; and
                          (ii) by striking the period at the end and 
                      inserting a semicolon; and
                    (E) by inserting after subparagraph (B), as so 
                redesignated, the following:
                    ``(C) providing assistance to pregnant and 
                postpartum women to receive maternal mental health and 
                substance use disorder treatment, including patient 
                consultation, care coordination, and navigation for such 
                treatment;
                    ``(D) coordinating, as appropriate, with maternal 
                and child health programs of State, local, and Tribal 
                governments, including child psychiatric access 
                programs;
                    ``(E) conducting public outreach and awareness 
                regarding grants under subsection (a);
                    ``(F) creating multistate consortia to carry out the 
                activities required or authorized under this subsection; 
                and
                    ``(G) training health care providers in the primary 
                care setting and relevant health paraprofessionals on 
                trauma-informed care, culturally and linguistically 
                appropriate services, and best practices related to 
                training to improve the provision of maternal mental 
                health and substance use disorder care for racial and 
                ethnic minority populations and reduce related 
                disparities in the delivery of such care.''.

    (e) Additional Provisions.--Section 317L-1 of the Public Health 
Service Act (42 U.S.C. 247b-13a) is amended--
            (1) by redesignating subsection (e) as subsection (h); and
            (2) by inserting after subsection (d) the following:

    ``(e) Technical Assistance.--The Secretary shall provide technical 
assistance to grantees and entities listed in subsection (a) for 
carrying out activities pursuant to this section.
    ``(f) <<NOTE: Time period.>>  Dissemination of Best Practices.--The 
Secretary, based on evaluation of the activities funded pursuant to this 
section, shall identify and disseminate evidence-based or evidence-
informed

[[Page 136 STAT. 5643]]

practices for screening, assessment, treatment, and referral to 
treatment services for maternal mental health and substance use 
disorders, including culturally and linguistically appropriate services, 
for women during pregnancy and 12 months following pregnancy.

    ``(g) Matching Requirement.--The Federal share of the cost of the 
activities for which a grant is made to an entity under subsection (a) 
shall not exceed 90 percent of the total cost of such activities.''.
    (f) Authorization of Appropriations.--Subsection (h) of section 
317L-1 (42 U.S.C. 247b-13a) of the Public Health Service Act, as 
redesignated by subsection (e), is amended--
            (1) by striking ``$5,000,000'' and inserting 
        ``$24,000,000''; and
            (2) by striking ``2018 through 2022'' and inserting ``2023 
        through 2027''.
SEC. 1112. MATERNAL MENTAL HEALTH HOTLINE.

    Part P of title III of the Public Health Service Act (42 U.S.C. 280g 
et seq.) is amended by adding at the end the following:
``SEC. 399V-7. <<NOTE: 42 USC 280g-18.>>  MATERNAL MENTAL HEALTH 
                              HOTLINE.

    ``(a) <<NOTE: Grants. Contracts.>>  In General.--The Secretary shall 
maintain, by grant or contract, a national maternal mental health 
hotline to provide emotional support, information, brief intervention, 
and mental health and substance use disorder resources to pregnant and 
postpartum women at risk of, or affected by, maternal mental health and 
substance use disorders, and to their families or household members.

    ``(b) Requirements for Hotline.--The hotline under subsection (a) 
shall--
            ``(1) be a 24/7 real-time hotline;
            ``(2) provide voice and text support;
            ``(3) be staffed by certified peer specialists, licensed 
        health care professionals, or licensed mental health 
        professionals who are trained on--
                    ``(A) maternal mental health and substance use 
                disorder prevention, identification, and intervention; 
                and
                    ``(B) providing culturally and linguistically 
                appropriate support; and
            ``(4) provide maternal mental health and substance use 
        disorder assistance and referral services to meet the needs of 
        underserved populations, individuals with disabilities, and 
        family and household members of pregnant or postpartum women at 
        risk of experiencing maternal mental health and substance use 
        disorders.

    ``(c) <<NOTE: Consultations.>>  Additional Requirements.--In 
maintaining the hotline under subsection (a), the Secretary shall--
            ``(1) consult with the Domestic Violence Hotline, National 
        Suicide Prevention Lifeline, and Veterans Crisis Line to ensure 
        that pregnant and postpartum women are connected in real-time to 
        the appropriate specialized hotline service, when applicable;
            ``(2) conduct a public awareness campaign for the hotline;
            ``(3) consult with Federal departments and agencies, 
        including the Substance Abuse and Mental Health Services 
        Administration and the Department of Veterans Affairs, to 
        increase awareness regarding the hotline; and

[[Page 136 STAT. 5644]]

            ``(4) consult with appropriate State, local, and Tribal 
        public health officials, including officials who administer 
        programs that serve low-income pregnant and postpartum 
        individuals.

    ``(d) Annual Report.--The Secretary shall submit an annual report to 
the Congress on the hotline under subsection (a) and implementation of 
this section, including--
            ``(1) <<NOTE: Evaluation.>>  an evaluation of the 
        effectiveness of activities conducted or supported under 
        subsection (a);
            ``(2) a directory of entities or organizations to which 
        staff maintaining the hotline funded under this section may make 
        referrals; and
            ``(3) such additional information as the Secretary 
        determines appropriate.

    ``(e) <<NOTE: Time period.>>  Authorization of Appropriations.--To 
carry out this section, there are authorized to be appropriated 
$10,000,000 for each of fiscal years 2023 through 2027.''.
SEC. 1113. <<NOTE: 42 USC 290bb-31 note.>>  TASK FORCE ON MATERNAL 
                          MENTAL HEALTH.

    (a) <<NOTE: Deadline.>>  Establishment.--Not later than 180 days 
after the date of enactment of this Act, the Secretary of Health and 
Human Services, for purposes of identifying, evaluating, and making 
recommendations to coordinate and improve Federal activities related to 
addressing maternal mental health conditions, shall--
            (1) establish a task force to be known as the Task Force on 
        Maternal Mental Health (in this section referred to as the 
        ``Task Force''); or
            (2) incorporate the duties, public meetings, and reports 
        specified in subsections (c) through (f) into existing relevant 
        Federal committees or working groups, such as the Maternal 
        Health Interagency Policy Committee and the Maternal Health 
        Working Group, as appropriate.

    (b) Membership.--
            (1) Composition.--The Task Force shall be composed of--
                    (A) the Federal members under paragraph (2); and
                    (B) the non-Federal members under paragraph (3).
            (2) Federal members.--The Federal members of the Task Force 
        shall consist of the following heads of Federal departments and 
        agencies (or their designees):
                    (A) The Assistant Secretary for Health of the 
                Department of Health and Human Services and the 
                Assistant Secretary for Mental Health and Substance Use, 
                who shall serve as co-chairs.
                    (B) The Assistant Secretary for Planning and 
                Evaluation of the Department of Health and Human 
                Services.
                    (C) The Assistant Secretary of the Administration 
                for Children and Families.
                    (D) The Director of the Centers for Disease Control 
                and Prevention.
                    (E) The Administrator of the Centers for Medicare & 
                Medicaid Services.
                    (F) The Administrator of the Health Resources and 
                Services Administration.
                    (G) The Director of the Indian Health Service.
                    (H) Such other Federal departments and agencies as 
                the Secretary determines appropriate that serve 
                individuals with maternal mental health conditions.

[[Page 136 STAT. 5645]]

            (3) Non-federal members.--The non-Federal members of the 
        Task Force shall--
                    (A) compose not more than one-half, and not less 
                than one-third, of the total membership of the Task 
                Force;
                    (B) be appointed by the Secretary; and
                    (C) include--
                          (i) representatives of professional medical 
                      societies, professional nursing societies, and 
                      relevant health paraprofessional societies with 
                      expertise in maternal or mental health;
                          (ii) representatives of nonprofit 
                      organizations with expertise in maternal or mental 
                      health;
                          (iii) relevant industry representatives; and
                          (iv) other representatives, as appropriate.
            (4) Deadline for designating designees.--If the Assistant 
        Secretary for Health, the Assistant Secretary for Mental Health 
        and Substance Use, or the head of a Federal department or agency 
        serving as a member of the Task Force under paragraph (2), 
        chooses to be represented on the Task Force by a designee, the 
        Assistant Secretary for Health, the Assistant Secretary for 
        Mental Health and Substance Use, or department or agency head 
        shall designate such designee not later than 90 days after the 
        date of the enactment of this section.

    (c) Duties.--The Task Force shall--
            (1) prepare and regularly update a report that analyzes and 
        evaluates the state of maternal mental health programs at the 
        Federal level, and identifies best practices with respect to 
        maternal mental health (which may include co-occurring substance 
        use disorders), including--
                    (A) a set of evidence-based, evidence-informed, and 
                promising practices with respect to--
                          (i) prevention strategies for maternal mental 
                      health conditions, including strategies and 
                      recommendations to reduce racial, ethnic, 
                      geographic, and other health disparities;
                          (ii) the identification, screening, diagnosis, 
                      intervention, and treatment of maternal mental 
                      health conditions and affected families;
                          (iii) the timely referral to supports, and 
                      implementation of practices, that prevent and 
                      mitigate the effects of a maternal mental health 
                      condition, including strategies and 
                      recommendations to eliminate racial and ethnic 
                      disparities that exist in maternal mental health; 
                      and
                          (iv) community-based or multigenerational 
                      practices that provide support related to maternal 
                      mental health conditions, including support for 
                      affected families; and
                    (B) Federal and State programs and activities that 
                support prevention, screening, diagnosis, intervention, 
                and treatment of maternal mental health conditions;
            (2) develop and regularly update a national strategy for 
        maternal mental health, taking into consideration the findings 
        of the report under paragraph (1), on how the Task Force and 
        Federal departments and agencies represented on the Task Force 
        may prioritize options for, and may improve coordination

[[Page 136 STAT. 5646]]

        with respect to, addressing maternal mental health conditions, 
        including by--
                    (A) increasing prevention, screening, diagnosis, 
                intervention, treatment, and access to maternal mental 
                health care, including clinical and nonclinical care 
                such as peer-support and community health workers, 
                through the public and private sectors;
                    (B) providing support relating to the prevention, 
                screening, diagnosis, intervention, and treatment of 
                maternal mental health conditions, including families, 
                as appropriate;
                    (C) reducing racial, ethnic, geographic, and other 
                health disparities related to prevention, diagnosis, 
                intervention, treatment, and access to maternal mental 
                health care;
                    (D) identifying opportunities to modify, strengthen, 
                and better coordinate existing Federal infant and 
                maternal health programs in order to improve screening, 
                diagnosis, research, prevention, identification, 
                intervention, and treatment with respect to maternal 
                mental health; and
                    (E) improving planning, coordination, and 
                collaboration across Federal departments, agencies, 
                offices, and programs;
            (3) solicit public comments, as appropriate, from 
        stakeholders for the report under paragraph (1) and the national 
        strategy under paragraph (2) in order to inform the activities 
        and reports of the Task Force; and
            (4) consider the latest research related to maternal mental 
        health in developing the strategy, including, as applicable and 
        appropriate, data and information disaggregated by relevant 
        factors, such as race, ethnicity, geographical location, age, 
        socioeconomic level, and others, as appropriate.

    (d) Meetings.--The Task Force shall--
            (1) meet not less than two times each year; and
            (2) convene public meetings, as appropriate, to fulfill its 
        duties under this section.

    (e) Reports to Public and Federal Leaders.--The Task Force shall 
make publicly available and submit to the heads of relevant Federal 
departments and agencies, the Committee on Energy and Commerce of the 
House of Representatives, the Committee on Health, Education, Labor, and 
Pensions of the Senate, and other relevant congressional committees, the 
following:
            (1) Not later than 1 year after the first meeting of the 
        Task Force, an initial report under subsection (c)(1).
            (2) Not later than 2 years after the first meeting of the 
        Task Force, an initial national strategy under subsection 
        (c)(2).
            (3) Each year thereafter--
                    (A) an updated report under subsection (c)(1);
                    (B) an updated national strategy under subsection 
                (c)(2); or
                    (C) if no update is made under subsection (c)(1) or 
                (c)(2), a report summarizing the activities of the Task 
                Force.

    (f) Reports to Governors.--Upon finalizing the initial national 
strategy under subsection (c)(2), and upon making relevant updates to 
such strategy, the Task Force shall submit a report to the Governors of 
all States describing any opportunities for local- and State-level 
partnerships identified under subsection (c)(2).

[[Page 136 STAT. 5647]]

    (g) Sunset.--The Task Force shall terminate on September 30, 2027.
    (h) Nonduplication of Federal Efforts.--The Secretary may relieve 
the Task Force, in carrying out subsections (c) through (f), from 
responsibility for carrying out such activities as may be specified by 
the Secretary as duplicative of other activities carried out by the 
Department of Health and Human Services.
SEC. 1114. RESIDENTIAL TREATMENT PROGRAM FOR PREGNANT AND 
                          POSTPARTUM WOMEN PILOT PROGRAM 
                          REAUTHORIZATION.

    Section 508(r) of the Public Health Service Act (42 U.S.C. 290bb-
1(r)) is amended--
            (1) by striking paragraph (4);
            (2) by redesignating paragraphs (5) and (6) as paragraphs 
        (4) and (5), respectively; and
            (3) in paragraph (4)(B), as so redesignated--
                    (A) in the matter preceding clause (i), by striking 
                ``The Director'' and inserting ``Not later than 
                September 30, 2026, the Director''; and
                    (B) by striking ``the relevant committees of 
                jurisdiction of the House of Representatives and the 
                Senate'' and inserting ``the Committee on Health, 
                Education, Labor, and Pensions of the Senate and the 
                Committee on Energy and Commerce of the House of 
                Representatives''.

    CHAPTER 3--REACHING IMPROVED MENTAL HEALTH OUTCOMES FOR PATIENTS

SEC. 1121. INNOVATION FOR MENTAL HEALTH.

    (a) National Mental Health and Substance Use Policy Laboratory.--
Section 501A of the Public Health Service Act (42 U.S.C. 290aa-0) is 
amended--
            (1) in subsection (e)(1), by striking ``Indian tribes or 
        tribal organizations'' and inserting ``Indian Tribes or Tribal 
        organizations'';
            (2) by striking subsection (e)(3); and
            (3) by adding at the end the following:

    ``(f) <<NOTE: Time period.>>  Authorization of Appropriations.--To 
carry out this section, there is authorized to be appropriated 
$10,000,000 for each of fiscal years 2023 through 2027.''.

    (b) <<NOTE: Reports.>>  GAO Study.--Not later than 18 months after 
the date of enactment of this Act, the Comptroller General of the United 
States shall prepare a report on the work of the National Mental Health 
and Substance Use Policy Laboratory established under section 501A of 
the Public Health Service Act (42 U.S.C. 290aa-0), including--
            (1) the extent to which such Laboratory is meeting its 
        responsibilities as set forth in such section 501A; and
            (2) <<NOTE: Recommenda- tions.>>  any recommendations for 
        improvement, including methods to expand the use of evidence-
        based practices across programs, recommendations to improve 
        program evaluations for effectiveness, and dissemination of 
        resources to stakeholders and the public.

    (c) Interdepartmental Serious Mental Illness Coordinating 
Committee.--

[[Page 136 STAT. 5648]]

            (1) In general.--Part A of title V of the Public Health 
        Service Act (42 U.S.C. 290aa et seq.), as amended by section 
        1101, is further amended by inserting after section 501B, as 
        added by such section 1101, the following:
``SEC. 501C. <<NOTE: 42 USC 290aa-0b.>>  INTERDEPARTMENTAL SERIOUS 
                          MENTAL ILLNESS COORDINATING COMMITTEE.

    ``(a) Establishment.--
            ``(1) In general.--The Secretary, or the designee of the 
        Secretary, shall establish a committee to be known as the 
        Interdepartmental Serious Mental Illness Coordinating Committee 
        (in this section referred to as the `Committee').
            ``(2) <<NOTE: Applicability.>>  Federal advisory committee 
        act.--Except as provided in this section, the provisions of the 
        Federal Advisory Committee Act (5 U.S.C. App.) shall apply to 
        the Committee.

    ``(b) Meetings.--The Committee shall meet not fewer than 2 times 
each year.
    ``(c) <<NOTE: Reports.>>  Responsibilities.--Not later than each of 
1 year and 5 years after the date of enactment of this section, the 
Committee shall submit to Congress and any other relevant Federal 
department or agency a report including--
            ``(1) <<NOTE: Summary.>>  a summary of advances in serious 
        mental illness and serious emotional disturbance research 
        related to the prevention of, diagnosis of, intervention in, and 
        treatment and recovery of serious mental illnesses, serious 
        emotional disturbances, and advances in access to services and 
        support for adults with a serious mental illness or children 
        with a serious emotional disturbance;
            ``(2) <<NOTE: Evaluation.>>  an evaluation of the effect 
        Federal programs related to serious mental illness have on 
        public health, including outcomes such as--
                    ``(A) rates of suicide, suicide attempts, incidence 
                and prevalence of serious mental illnesses, serious 
                emotional disturbances, and substance use disorders, 
                overdose, overdose deaths, emergency hospitalizations, 
                emergency department boarding, preventable emergency 
                department visits, interaction with the criminal justice 
                system, homelessness, and unemployment;
                    ``(B) increased rates of employment and enrollment 
                in educational and vocational programs;
                    ``(C) quality of mental and substance use disorders 
                treatment services; or
                    ``(D) any other criteria as may be determined by the 
                Secretary; and
            ``(3) <<NOTE: Recommenda- tions.>>  specific recommendations 
        for actions that agencies can take to better coordinate the 
        administration of mental health services for adults with a 
        serious mental illness or children with a serious emotional 
        disturbance.

    ``(d) Membership.--
            ``(1) Federal members.--The Committee shall be composed of 
        the following Federal representatives, or the designees of such 
        representatives--
                    ``(A) the Secretary of Health and Human Services, 
                who shall serve as the Chair of the Committee;
                    ``(B) the Assistant Secretary for Mental Health and 
                Substance Use;
                    ``(C) the Attorney General;

[[Page 136 STAT. 5649]]

                    ``(D) the Secretary of Veterans Affairs;
                    ``(E) the Secretary of Defense;
                    ``(F) the Secretary of Housing and Urban 
                Development;
                    ``(G) the Secretary of Education;
                    ``(H) the Secretary of Labor;
                    ``(I) the Administrator of the Centers for Medicare 
                & Medicaid Services;
                    ``(J) the Administrator of the Administration for 
                Community Living; and
                    ``(K) the Commissioner of Social Security.
            ``(2) Non-federal members.--The Committee shall also include 
        not less than 14 non-Federal public members appointed by the 
        Secretary of Health and Human Services, of which--
                    ``(A) at least 2 members shall be an individual who 
                has received treatment for a diagnosis of a serious 
                mental illness;
                    ``(B) at least 1 member shall be a parent or legal 
                guardian of an adult with a history of a serious mental 
                illness or a child with a history of a serious emotional 
                disturbance;
                    ``(C) at least 1 member shall be a representative of 
                a leading research, advocacy, or service organization 
                for adults with a serious mental illness;
                    ``(D) at least 2 members shall be--
                          ``(i) a licensed psychiatrist with experience 
                      in treating serious mental illnesses;
                          ``(ii) a licensed psychologist with experience 
                      in treating serious mental illnesses or serious 
                      emotional disturbances;
                          ``(iii) a licensed clinical social worker with 
                      experience treating serious mental illnesses or 
                      serious emotional disturbances; or
                          ``(iv) a licensed psychiatric nurse, nurse 
                      practitioner, or physician assistant with 
                      experience in treating serious mental illnesses or 
                      serious emotional disturbances;
                    ``(E) at least 1 member shall be a licensed mental 
                health professional with a specialty in treating 
                children and adolescents with a serious emotional 
                disturbance;
                    ``(F) at least 1 member shall be a mental health 
                professional who has research or clinical mental health 
                experience in working with minorities;
                    ``(G) at least 1 member shall be a mental health 
                professional who has research or clinical mental health 
                experience in working with medically underserved 
                populations;
                    ``(H) at least 1 member shall be a State certified 
                mental health peer support specialist;
                    ``(I) at least 1 member shall be a judge with 
                experience in adjudicating cases related to criminal 
                justice or serious mental illness;
                    ``(J) at least 1 member shall be a law enforcement 
                officer or corrections officer with extensive experience 
                in interfacing with adults with a serious mental 
                illness, children with a serious emotional disturbance, 
                or individuals in a mental health crisis; and
                    ``(K) at least 1 member shall have experience 
                providing services for homeless individuals and working 
                with adults

[[Page 136 STAT. 5650]]

                with a serious mental illness, children with a serious 
                emotional disturbance, or individuals in a mental health 
                crisis.
            ``(3) Terms.--A member of the Committee appointed under 
        paragraph (2) shall serve for a term of 3 years, and may be 
        reappointed for 1 or more additional 3-year terms. Any member 
        appointed to fill a vacancy for an unexpired term shall be 
        appointed for the remainder of such term. A member may serve 
        after the expiration of the member's term until a successor has 
        been appointed.

    ``(e) Working Groups.--In carrying out its functions, the Committee 
may establish working groups. Such working groups shall be composed of 
Committee members, or their designees, and may hold such meetings as are 
necessary.
    ``(f) Sunset.--The Committee shall terminate on September 30, 
2027.''.
            (2) Conforming amendments.--
                    (A) Section 501(l)(2) of the Public Health Service 
                Act (42 U.S.C. 290aa(l)(2)) is amended by striking 
                ``section 6031 of such Act'' and inserting ``section 
                501C''.
                    (B) The Helping Families in Mental Health Crisis 
                Reform Act of 2016 (Division B of Public Law 114-255) is 
                amended--
                          (i) by repealing section 6031; and
                          (ii) by conforming the item relating to such 
                      section in the table of contents in section 1(b) 
                      of Public Law 114-255.

    (d) Priority Mental Health Needs of Regional and National 
Significance.--Section 520A of the Public Health Service Act (42 U.S.C. 
290bb-32) is amended--
            (1) in subsection (a), by striking ``Indian tribes or tribal 
        organizations'' and inserting ``Indian Tribes or Tribal 
        organizations''; and
            (2) in subsection (f), by striking ``$394,550,000 for each 
        of fiscal years 2018 through 2022'' and inserting ``$599,036,000 
        for each of fiscal years 2023 through 2027''.
SEC. 1122. CRISIS CARE COORDINATION.

    (a) Strengthening Community Crisis Response Systems.--Section 520F 
of the Public Health Service Act (42 U.S.C. 290bb-37) is amended to read 
as follows:
``SEC. 520F. MENTAL HEALTH CRISIS RESPONSE PARTNERSHIP PILOT 
                          PROGRAM.

    ``(a) <<NOTE: Grants. State and local 
governments. Territories. Native Americans.>>  In General.--The 
Secretary shall establish a pilot program under which the Secretary will 
award competitive grants to States, localities, territories, Indian 
Tribes, and Tribal organizations to establish new, or enhance existing, 
mobile crisis response teams that divert the response for mental health 
and substance use disorder crises from law enforcement to mobile crisis 
teams, as described in subsection (b).

    ``(b) Mobile Crisis Teams Described.--A mobile crisis team, for 
purposes of this section, is a team of individuals--
            ``(1) that is available to respond to individuals in mental 
        health and substance use disorder crises and provide immediate 
        stabilization, referrals to community-based mental health and 
        substance use disorder services and supports, and triage to a 
        higher level of care if medically necessary;

[[Page 136 STAT. 5651]]

            ``(2) which may include licensed counselors, clinical social 
        workers, physicians, paramedics, crisis workers, peer support 
        specialists, or other qualified individuals; and
            ``(3) which may provide support to divert mental health and 
        substance use disorder crisis calls from the 9-1-1 system to the 
        9-8-8 system.

    ``(c) Priority.--In awarding grants under this section, the 
Secretary shall prioritize applications which account for the specific 
needs of the communities to be served, including children and families, 
veterans, rural and underserved populations, and other groups at 
increased risk of death from suicide or overdose.
    ``(d) Report.--
            ``(1) Initial report.--Not later than September 30, 2024, 
        the Secretary shall submit to Congress a report on steps taken 
        by States, localities, territories, Indian Tribes, and Tribal 
        organizations prior to the date of enactment of this section to 
        strengthen the partnerships among mental health providers, 
        substance use disorder treatment providers, primary care 
        physicians, mental health and substance use disorder crisis 
        teams, paramedics, law enforcement officers, and other first 
        responders.
            ``(2) Progress reports.--Not later than one year after the 
        date on which the first grant is awarded to carry out this 
        section, and for each year thereafter, the Secretary shall 
        submit to Congress a report on the grants made during the year 
        covered by the report, which shall include--
                    ``(A) <<NOTE: Data.>>  impact data on the teams and 
                people served by such programs, including demographic 
                information of individuals served, volume, and types of 
                service utilization;
                    ``(B) outcomes of the number of linkages made to 
                community-based resources or short-term crisis receiving 
                and stabilization facilities, as applicable, and 
                diversion from law enforcement or hospital emergency 
                department settings;
                    ``(C) <<NOTE: Data.>>  data consistent with the 
                State block grant requirements for continuous evaluation 
                and quality improvement, and other relevant data as 
                determined by the Secretary;
                    ``(D) identification and, where appropriate, 
                recommendations of best practices from States and 
                localities providing mobile crisis response and 
                stabilization services for youth and adults; and
                    ``(E) identification of any opportunities for 
                improvements to the program established under this 
                section.

    ``(e) <<NOTE: Time period.>>  Authorization of Appropriations.--
There are authorized to be appropriated to carry out this section, 
$10,000,000 for each of fiscal years 2023 through 2027.''.

    (b) Mental Health Awareness Training Grants.--
            (1) In general.--Section 520J(b) of the Public Health 
        Service Act (42 U.S.C. 290bb-41(b)) is amended--
                    (A) in paragraph (1), by striking ``Indian tribes, 
                tribal organizations'' and inserting ``Indian Tribes, 
                Tribal organizations'';
                    (B) in paragraph (4), by striking ``Indian tribe, 
                tribal organization'' and inserting ``Indian Tribe, 
                Tribal organization'';
                    (C) in paragraph (5)--

[[Page 136 STAT. 5652]]

                          (i) by striking ``Indian tribe, tribal 
                      organization'' and inserting ``Indian Tribe, 
                      Tribal organization'';
                          (ii) in subparagraph (A), by striking ``and'' 
                      at the end;
                          (iii) in subparagraph (B)(ii), by striking the 
                      period at the end and inserting ``; and''; and
                          (iv) by adding at the end the following:
                    ``(C) suicide intervention and prevention.'';
                    (D) in paragraph (6), by striking ``Indian tribe, 
                tribal organization'' and inserting ``Indian Tribe, 
                Tribal organization'';
                    (E) by redesignating paragraph (7) as paragraph (8);
                    (F) by inserting after paragraph (6) the following:
            ``(7) Technical assistance.--The Secretary may provide 
        technical assistance to grantees in carrying out this section, 
        which may include assistance with--
                    ``(A) program evaluation and related activities, 
                including related data collection and reporting;
                    ``(B) implementing and disseminating evidence-based 
                practices and programs; and
                    ``(C) facilitating collaboration among grantees.''; 
                and
                    (G) in paragraph (8), as so redesignated, by 
                striking ``$14,693,000 for each of fiscal years 2018 
                through 2022'' and inserting ``$24,963,000 for each of 
                fiscal years 2023 through 2027''.
            (2) Technical corrections.--Section 520J(b) of the Public 
        Health Service Act (42 U.S.C. 290bb-41(b)) is amended--
                    (A) in the heading of paragraph (2), by striking 
                ``Emergency Services Personnel'' and inserting 
                ``Emergency services personnel''; and
                    (B) in the heading of paragraph (3), by striking 
                ``Distribution of Awards'' and inserting ``Distribution 
                of awards''.

    (c) Adult Suicide Prevention.--Section 520L of the Public Health 
Service Act (42 U.S.C. 290bb-43) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1)--
                          (i) by striking ``individuals who are 25 years 
                      of age or older'' and inserting ``adult 
                      individuals''; and
                          (ii) by inserting ``prevention'' after ``raise 
                      awareness of suicide''; and
                    (B) in paragraph (2)--
                          (i) by striking ``Indian tribe'' each place it 
                      appears and inserting ``Indian Tribe''; and
                          (ii) by striking ``tribal organization'' each 
                      place it appears and inserting ``Tribal 
                      organization''; and
                    (C) by amending paragraph (3)(C) to read as follows:
                    ``(C) Raising awareness of suicide prevention 
                resources and promoting help seeking among those at risk 
                for suicide.'';
            (2) in subsection (b)--
                    (A) in paragraph (1), by striking ``; and'' and 
                inserting a semicolon;
                    (B) in paragraph (2), by striking the period at the 
                end and inserting ``; and''; and
                    (C) by adding at the end the following:

[[Page 136 STAT. 5653]]

            ``(3) identify best practices, as applicable, to improve the 
        identification, assessment, treatment, and timely transition, as 
        appropriate, to additional or follow-up care for individuals in 
        emergency departments who are at risk for suicide and enhance 
        the coordination of care for such individuals during and after 
        discharge, in support of activities under subsection (a).''; and
            (3) in subsection (d), by striking ``$30,000,000 for the 
        period of fiscal years 2018 through 2022'' and inserting 
        ``$30,000,000 for each of fiscal years 2023 through 2027''.
SEC. 1123. TREATMENT OF SERIOUS MENTAL ILLNESS.

    (a) Assertive Community Treatment Grant Program.--
            (1) Technical amendment.--Section 520M(b) of the Public 
        Health Service Act (42 U.S.C. 290bb-44(b)) is amended by 
        striking ``Indian tribe or tribal organization'' and inserting 
        ``Indian Tribe or Tribal organization''.
            (2) Report to congress.--Section 520M(d)(1) of the Public 
        Health Service Act (42 U.S.C. 290bb-44(d)(1)) is amended--
                    (A) by striking ``not later than the end of fiscal 
                year 2021'' and inserting ``not later than the end of 
                fiscal year 2026''; and
                    (B) by striking ``appropriate congressional 
                committees'' and inserting ``Committee on Health, 
                Education, Labor, and Pensions of the Senate and the 
                Committee on Energy and Commerce of the House of 
                Representatives''.
            (3) Authorization of appropriations.--Section 520M(e)(1) of 
        the Public Health Service Act (42 U.S.C. 290bb-44(d)(1)) is 
        amended by striking ``$5,000,000 for the period of fiscal years 
        2018 through 2022'' and inserting ``$9,000,000 for each of 
        fiscal years 2023 through 2027''.

    (b) Assisted Outpatient Treatment.--
            (1) In general.--Section 224 of the Protecting Access to 
        Medicare Act of 2014 (Public Law 113-93; 42 U.S.C. 290aa 
        note) <<NOTE: 42 USC 290aa-17.>>  is amended--
                    (A) in subsection (a), by striking ``4-year pilot'';
                    (B) in subsection (e), in the matter preceding 
                paragraph (1)--
                          (i) by striking ``each of fiscal years 2016, 
                      2017, 2018, 2019, 2020, 2021, and 2022'' and 
                      inserting ``fiscal year 2023, and biennially 
                      thereafter''; and
                          (ii) by striking ``appropriate congressional 
                      committees'' and inserting ``Committee on Health, 
                      Education, Labor, and Pensions of the Senate and 
                      the Committee on Energy and Commerce of the House 
                      of Representatives'';
                    (C) in subsection (e), by inserting after paragraph 
                (4) the following:
            ``(5) Demographic information regarding participation of 
        those served by the grant compared to demographic information in 
        the population of the grant recipient.''; and
                    (D) in subsection (g)--
                          (i) in paragraph (1), by striking ``2015 
                      through 2022'' and inserting ``2023 through 
                      2027''; and
                          (ii) by amending paragraph (2) to read as 
                      follows:

[[Page 136 STAT. 5654]]

            ``(2) <<NOTE: Time period.>>  Authorization of 
        appropriations.--There is authorized to be appropriated to carry 
        out this section $22,000,000 for each of fiscal years 2023 
        through 2027.''.
            (2) GAO report.--Not later than 3 years after the date of 
        enactment of this Act, the Comptroller General of the United 
        States shall submit to the Committee on Health, Education, 
        Labor, and Pensions of the Senate and the Committee on Energy 
        and Commerce of the House of Representatives a report examining 
        the efficacy of assisted outpatient treatment programs that 
        received funding under section 224 of the Protecting Access to 
        Medicare Act of 2014 (Public Law 113- 93; 42 U.S.C. 290aa note) 
        in improving health outcomes and treatment adherence, reducing 
        rates of incarceration, and reducing rates of homelessness. Such 
        report shall include--
                    (A) a comparison of health outcomes, treatment 
                compliance, program participant feedback, reduced rates 
                of incarceration, and reduced rates of homelessness as 
                compared to other evidence- and community-based 
                outpatient treatment programs and services, including 
                information on geographic differences in program 
                efficacy, as applicable; and
                    (B) identification of best practices used, as 
                applicable, in the implementation of assisted outpatient 
                treatment programs to ensure program participants are 
                receiving treatment in the least restrictive environment 
                that is clinically appropriate consistent with Federal 
                and State law, as applicable.
SEC. 1124. STUDY ON THE COSTS OF SERIOUS MENTAL ILLNESS.

    (a) In General.--The Secretary of Health and Human Services, in 
consultation with the Assistant Secretary for Mental Health and 
Substance Use, the Assistant Secretary for Planning and Evaluation, the 
Attorney General of the United States, the Secretary of Labor, and the 
Secretary of Housing and Urban Development, shall conduct a study on the 
direct and indirect costs of serious mental illness with respect to--
            (1) nongovernmental entities; and
            (2) the Federal Government and State, local, and Tribal 
        governments.

    (b) Content.--The study under subsection (a) shall consider each of 
the following:
            (1) The costs to the health care system for health services, 
        including with respect to--
                    (A) office-based physician visits;
                    (B) residential and inpatient treatment programs;
                    (C) outpatient treatment programs;
                    (D) emergency department visits;
                    (E) crisis stabilization programs;
                    (F) home health care;
                    (G) skilled nursing and long-term care facilities;
                    (H) prescription drugs and digital therapeutics; and
                    (I) any other relevant health services.
            (2) The costs of homelessness, including with respect to--
                    (A) homeless shelters;
                    (B) street outreach activities;
                    (C) crisis response center visits; and
                    (D) other supportive services.

[[Page 136 STAT. 5655]]

            (3) The costs of structured residential facilities and other 
        supportive housing for residential and custodial care services.
            (4) The costs of law enforcement encounters and encounters 
        with the criminal justice system, including with respect to--
                    (A) encounters that do and do not result in an 
                arrest;
                    (B) criminal and judicial proceedings;
                    (C) services provided by law enforcement and 
                judicial staff (including public defenders, prosecutors, 
                and private attorneys); and
                    (D) incarceration.
            (5) The costs of serious mental illness on employment.
            (6) With respect to family members and caregivers, the costs 
        of caring for an individual with a serious mental illness.
            (7) Any other relevant costs for programs and services 
        administered by the Federal Government or State, Tribal, or 
        local governments.

    (c) Data Disaggregation.--In conducting the study under subsection 
(a), the Secretary of Health and Human Services shall (to the extent 
feasible)--
            (1) disaggregate data by--
                    (A) costs to nongovernmental entities, the Federal 
                Government, and State, local, and Tribal governments;
                    (B) types of serious mental illnesses and medical 
                chronic diseases common in patients with a serious 
                mental illness; and
                    (C) demographic characteristics, including race, 
                ethnicity, sex, age (including pediatric subgroups), and 
                other characteristics determined by the Secretary; and
            (2) <<NOTE: Estimate.>>  include an estimate of--
                    (A) the total number of individuals with a serious 
                mental illness in the United States, including in 
                traditional and nontraditional housing; and
                    (B) the percentage of such individuals in--
                          (i) homeless shelters;
                          (ii) penal facilities, including Federal 
                      prisons, State prisons, and county and municipal 
                      jails; and
                          (iii) nursing facilities.

    (d) Report.--Not later than 2 years after the date of the enactment 
of this Act, the Secretary of Health and Human Services shall--
            (1) submit to the Congress a report containing the results 
        of the study conducted under this section; and
            (2) <<NOTE: Public information.>>  make such report publicly 
        available.

                      CHAPTER 4--ANNA WESTIN LEGACY

SEC. 1131. MAINTAINING EDUCATION AND TRAINING ON EATING DISORDERS.

     Subpart 3 of part B of title V of the Public Health Service Act (42 
U.S.C. 290bb-31 et seq.) is amended by adding at the end the following:
``SEC. 520N. <<NOTE: 42 USC 290bb-45.>>  CENTER OF EXCELLENCE FOR 
                          EATING DISORDERS FOR EDUCATION AND 
                          TRAINING ON EATING DISORDERS.

    ``(a) <<NOTE: Grants. Contracts.>>  In General.--The Secretary, 
acting through the Assistant Secretary, shall maintain, by competitive 
grant or contract, a Center of Excellence for Eating Disorders (referred 
to in this section as

[[Page 136 STAT. 5656]]

the `Center') to improve the identification of, interventions for, and 
treatment of eating disorders in a manner that is developmentally, 
culturally, and linguistically appropriate.

    ``(b) Subgrants and Subcontracts.--The Center shall coordinate and 
implement the activities under subsection (c), in whole or in part, 
which may include by awarding competitive subgrants or subcontracts--
            ``(1) across geographical regions; and
            ``(2) in a manner that is not duplicative.

    ``(c) Activities.--The Center--
            ``(1) shall--
                    ``(A) provide training and technical assistance, 
                including for--
                          ``(i) primary care and mental health providers 
                      to carry out screening, brief intervention, and 
                      referral to treatment for individuals 
                      experiencing, or at risk for, eating disorders; 
                      and
                          ``(ii) other paraprofessionals and relevant 
                      individuals providing nonclinical community 
                      services to identify and support individuals with, 
                      or at disproportionate risk for, eating disorders;
                    ``(B) facilitate the development of, and provide 
                training materials to, health care providers (including 
                primary care and mental health professionals) regarding 
                the effective treatment and ongoing support of 
                individuals with eating disorders, including children 
                and marginalized populations at disproportionate risk 
                for eating disorders;
                    ``(C) <<NOTE: Coordination.>>  collaborate and 
                coordinate, as appropriate, with other centers of 
                excellence, technical assistance centers, and 
                psychiatric consultation lines of the Substance Abuse 
                and Mental Health Services Administration and the Health 
                Resources and Services Administration regarding eating 
                disorders;
                    ``(D) <<NOTE: Coordination.>>  coordinate with the 
                Director of the Centers for Disease Control and 
                Prevention and the Administrator of the Health Resources 
                and Services Administration, and other Federal agencies, 
                as appropriate, to disseminate training to primary care 
                and mental health care providers; and
                    ``(E) support other activities, as determined 
                appropriate by the Secretary; and
            ``(2) may--
                    ``(A) support the integration of protocols 
                pertaining to screening, brief intervention, and 
                referral to treatment for individuals experiencing, or 
                at risk for, eating disorders, with health information 
                technology systems;
                    ``(B) develop and provide training materials to 
                health care providers, including primary care and mental 
                health providers, to provide screening, brief 
                intervention, and referral to treatment for members of 
                the military and veterans experiencing, or at risk for, 
                eating disorders; and
                    ``(C) <<NOTE: Consultation.>>  consult, as 
                appropriate, with the Secretary of Defense and the 
                Secretary of Veterans Affairs on prevention, 
                identification, intervention for, and treatment of 
                eating disorders.

[[Page 136 STAT. 5657]]

    ``(d) <<NOTE: Time period.>>  Authorization of Appropriations.--To 
carry out this section, there is authorized to be appropriated 
$1,000,000 for each of fiscal years 2023 through 2027.''.

 CHAPTER 5--COMMUNITY MENTAL HEALTH SERVICES BLOCK GRANT REAUTHORIZATION

SEC. 1141. REAUTHORIZATION OF BLOCK GRANTS FOR COMMUNITY MENTAL 
                          HEALTH SERVICES.

    (a) Funding.--Section 1920(a) of the Public Health Service Act (42 
U.S.C. 300x-9(a)) is amended by striking ``$532,571,000 for each of 
fiscal years 2018 through 2022'' and inserting ``$857,571,000 for each 
of fiscal years 2023 through 2027''.
    (b) Set-Aside for Evidence-based Crisis Care Services.--Section 1920 
of the Public Health Service Act (42 U.S.C. 300x-9) is amended by adding 
at the end the following:
    ``(d) Crisis Care.--
            ``(1) In general.--Except as provided in paragraph (3), a 
        State shall expend at least 5 percent of the amount the State 
        receives pursuant to section 1911 for each fiscal year to 
        support evidenced-based programs that address the crisis care 
        needs of individuals with serious mental illnesses and children 
        with serious emotional disturbances, which may include 
        individuals (including children and adolescents) experiencing 
        mental health crises demonstrating serious mental illness or 
        serious emotional disturbance, as applicable.
            ``(2) Core elements.--At the discretion of the single State 
        agency responsible for the administration of the program of the 
        State under a grant under section 1911, funds expended pursuant 
        to paragraph (1) may be used to fund some or all of the core 
        crisis care service components, as applicable and appropriate, 
        including the following:
                    ``(A) Crisis call centers.
                    ``(B) 24/7 mobile crisis services.
                    ``(C) <<NOTE: Determination.>>  Crisis stabilization 
                programs offering acute care or subacute care in a 
                hospital or appropriately licensed facility, as 
                determined by such State, with referrals to inpatient or 
                outpatient care.
            ``(3) <<NOTE: Time period.>>  State flexibility.--In lieu of 
        expending 5 percent of the amount the State receives pursuant to 
        section 1911 for a fiscal year to support evidence-based 
        programs as required by paragraph (1), a State may elect to 
        expend not less than 10 percent of such amount to support such 
        programs by the end of two consecutive fiscal years.
            ``(4) Rule of construction.--Section 1912(b)(1)(A)(vi) shall 
        not be construed as limiting the provision of crisis care 
        services pursuant to paragraph (1).''.

    (c) <<NOTE: 42 USC 300x-9 note.>>  Report to Congress.--Not later 
than September 30, 2025, and biennially thereafter, the Secretary shall 
provide a report to the Congress on the crisis care strategies and 
programs pursued by States pursuant to subsection (d) of section 1920 of 
the Public Health Service Act (42 U.S.C. 300x-9), as added by subsection 
(b). Such report shall include--
            (1) a description of each State's crisis care activities;
            (2) the population served, including information on 
        demographics, including age;
            (3) the outcomes of such activities, including--

[[Page 136 STAT. 5658]]

                    (A) how such activities reduced hospitalizations and 
                hospital stays;
                    (B) how such activities reduced incidents of 
                suicidal ideation and behaviors; and
                    (C) how such activities reduced the severity of 
                onset of serious mental illness and serious emotional 
                disturbance, as applicable; and
            (4) any other relevant information the Secretary determines 
        is necessary.

            CHAPTER 6--PEER-SUPPORTED MENTAL HEALTH SERVICES

SEC. 1151. PEER-SUPPORTED MENTAL HEALTH SERVICES.

    Subpart 3 of part B of title V of the Public Health Service Act (42 
U.S.C. 290bb--31 et seq.) is amended by inserting after section 520G (42 
U.S.C. 290bb--38) the following:
``SEC. 520H. <<NOTE: 42 USC 290bb-39.>>  PEER-SUPPORTED MENTAL 
                          HEALTH SERVICES.

    ``(a) Grants Authorized.--The Secretary, acting through the 
Assistant Secretary for Mental Health and Substance Use, shall award 
grants to eligible entities to enable such entities to develop, expand, 
and enhance access to mental health peer-delivered services.
    ``(b) Use of Funds.--Grants awarded under subsection (a) shall be 
used to develop, expand, and enhance national, statewide, or community-
focused programs, including virtual peer-support services and 
technology-related capabilities, including by--
            ``(1) carrying out workforce development, recruitment, and 
        retention activities, to train, recruit, and retain peer-support 
        providers;
            ``(2) building connections between mental health treatment 
        programs, including between community organizations and peer-
        support networks, including virtual peer-support networks, and 
        with other mental health support services;
            ``(3) reducing stigma associated with mental health 
        disorders;
            ``(4) expanding and improving virtual peer mental health 
        support services, including through the adoption of technologies 
        and capabilities to expand access to virtual peer mental health 
        support services, such as by acquiring equipment and software 
        necessary to efficiently run virtual peer-support services; and
            ``(5) conducting research on issues relating to mental 
        illness and the impact peer-support has on resiliency, including 
        identifying--
                    ``(A) the signs of mental illness;
                    ``(B) the resources available to individuals with 
                mental illness and to their families; and
                    ``(C) the resources available to help support 
                individuals living with mental illness.

    ``(c) Special Consideration.--In carrying out this section, the 
Secretary shall give special consideration to the unique needs of rural 
areas.
    ``(d) Definition.--In this section, the term `eligible entity' 
means--
            ``(1) a consumer-run nonprofit organization that--

[[Page 136 STAT. 5659]]

                    ``(A) is principally governed by people living with 
                a mental health condition; and
                    ``(B) mobilizes resources within and outside of the 
                mental health community, which may include through peer-
                support networks, to increase the prevalence and quality 
                of long-term wellness of individuals living with a 
                mental health condition, including those with a co-
                occurring substance use disorder; or
            ``(2) an Indian Tribe, Tribal organization, Urban Indian 
        organization, or consortium of Tribes or Tribal organizations.

    ``(e) <<NOTE: Time periods.>>  Authorization of Appropriations.--
There is authorized to be appropriated to carry out this section 
$13,000,000 for each of fiscal years 2023 through 2027.''.

 Subtitle B--Substance Use Disorder Prevention, Treatment, and Recovery 
                                Services

              CHAPTER 1--NATIVE BEHAVIORAL HEALTH RESOURCES

SEC. 1201. BEHAVIORAL HEALTH AND SUBSTANCE USE DISORDER RESOURCES 
                          FOR NATIVE AMERICANS.

    Section 506A of the Public Health Service Act (42 U.S.C. 290aa-5a) 
is amended to read as follows:
``SEC. 506A. BEHAVIORAL HEALTH AND SUBSTANCE USE DISORDER 
                          RESOURCES FOR NATIVE AMERICANS.

    ``(a) Definitions.--In this section:
            ``(1) The term `eligible entity' means any health program 
        administered directly by the Indian Health Service, a Tribal 
        health program, an Indian Tribe, a Tribal organization, an Urban 
        Indian organization, and a Native Hawaiian health organization.
            ``(2) The terms `Indian Tribe', `Tribal health program', 
        `Tribal organization', and `Urban Indian organization' have the 
        meanings given to the terms `Indian tribe', `Tribal health 
        program', `tribal organization', and `Urban Indian organization' 
        in section 4 of the Indian Health Care Improvement Act.
            ``(3) The term `health program administered directly by the 
        Indian Health Service' means a `health program administered by 
        the Service' as such term is used in section 4(12)(A) of the 
        Indian Health Care Improvement Act.
            ``(4) The term `Native Hawaiian health organization' means 
        `Papa Ola Lokahi' as defined in section 12 of the Native 
        Hawaiian Health Care Improvement Act.

    ``(b) Grant Program.--
            ``(1) In general.--The Secretary, acting through the 
        Assistant Secretary for Mental Health and Substance Use, and in 
        consultation with the Director of the Indian Health Service, as 
        appropriate, shall award funds to eligible entities, in amounts 
        developed in accordance with paragraph (2), to be used by the 
        eligible entity to provide services for the prevention of, 
        treatment of, and recovery from mental health and substance use 
        disorders among American Indians, Alaska Natives, and Native 
        Hawaiians.

[[Page 136 STAT. 5660]]

            ``(2) <<NOTE: Determination.>>  Formula.--The Secretary, in 
        consultation with the Director of the Indian Health Service, 
        using the process described in subsection (d), shall develop a 
        formula to determine the amount of an award under paragraph (1).
            ``(3) <<NOTE: Contracts.>>  Delivery of funds.--On request 
        from an Indian Tribe or Tribal organization, the Secretary, 
        acting through the Assistant Secretary for Mental Health and 
        Substance Use and in coordination with the Director of the 
        Indian Health Service, may award funds under this section 
        through a contract or compact under, as applicable, title I or V 
        of the Indian Self-Determination and Education Assistance Act.

    ``(c) Technical Assistance and Program Evaluation.--
            ``(1) In general.--The Secretary shall--
                    ``(A) provide technical assistance to applicants and 
                awardees under this section; and
                    ``(B) in consultation with Indian Tribes and Tribal 
                organizations, conference with Urban Indian 
                organizations, and engagement with a Native Hawaiian 
                health organization, identify and establish appropriate 
                mechanisms for Indian Tribes and Tribal organizations, 
                Urban Indian organizations, and a Native Hawaiian health 
                organization to demonstrate outcomes and report data as 
                required for participation in the program under this 
                section.
            ``(2) Data submission and reporting.--As a condition of 
        receipt of funds under this section, an applicant shall agree to 
        submit program evaluation data and reports consistent with the 
        data submission and reporting requirements developed under this 
        subsection.

    ``(d) Consultation.--The Secretary shall, using an accountable 
process, consult with Indian Tribes and Tribal organizations, confer 
with Urban Indian organizations, and engage with a Native Hawaiian 
health organization regarding the development of funding allocations 
pursuant to subsection (b)(2) and program evaluation and reporting 
requirements pursuant to subsection (c). In establishing such 
requirements, the Secretary shall seek to minimize administrative burden 
for eligible entities, as practicable.
    ``(e) Application.--An entity desiring an award under subsection (b) 
shall submit an application to the Secretary at such time, in such 
manner, and accompanied by such information as the Secretary may 
reasonably require.
    ``(f) Report.--Not later than 3 years after the date of the 
enactment of the Restoring Hope for Mental Health and Well-Being Act of 
2022, the Secretary shall prepare and submit, to the Committee on 
Health, Education, Labor, and Pensions of the Senate, and the Committee 
on Energy and Commerce of the House of Representatives, a report 
describing the services provided pursuant to this section.
    ``(g) <<NOTE: Time periods.>>  Authorization of Appropriations.--
There are authorized to be appropriated to carry out this section, 
$80,000,000 for each of fiscal years 2023 through 2027.''.

[[Page 136 STAT. 5661]]

      CHAPTER 2--SUMMER BARROW PREVENTION, TREATMENT, AND RECOVERY

SEC. 1211. GRANTS FOR THE BENEFIT OF HOMELESS INDIVIDUALS.

    Section 506(e) of the Public Health Service Act (42 U.S.C. 290aa-
5(e)) is amended by striking ``2018 through 2022'' and inserting ``2023 
through 2027''.
SEC. 1212. PRIORITY SUBSTANCE USE DISORDER TREATMENT NEEDS OF 
                          REGIONAL AND NATIONAL SIGNIFICANCE.

    Section 509 of the Public Health Service Act (42 U.S.C. 290bb-2) is 
amended--
            (1) in the section heading, by striking ``abuse'' and 
        inserting ``use disorder'';
            (2) in subsection (a)--
                    (A) by striking ``tribes and tribal organizations 
                (as the terms `Indian tribes' and `tribal organizations' 
                are defined'' and inserting ``Tribes and Tribal 
                organizations (as such terms are defined''; and
                    (B) in paragraph (3), by striking ``in substance 
                abuse'' and inserting ``in substance use disorders'';
            (3) in subsection (b), in the subsection heading, by 
        striking ``Abuse'' and inserting ``Use Disorder''; and
            (4) in subsection (f), by striking ``$333,806,000 for each 
        of fiscal years 2018 through 2022'' and inserting ``$521,517,000 
        for each of fiscal years 2023 through 2027''.
SEC. 1213. EVIDENCE-BASED PRESCRIPTION OPIOID AND HEROIN TREATMENT 
                          AND INTERVENTIONS DEMONSTRATION.

    Section 514B of the Public Health Service Act (42 U.S.C. 290bb-10) 
is amended--
            (1) in subsection (a)(1)--
                    (A) by striking ``substance abuse'' and inserting 
                ``substance use disorder'';
                    (B) by striking ``tribes and tribal organizations'' 
                and inserting ``Tribes and Tribal organizations''; and
                    (C) by striking ``addiction'' and inserting 
                ``substance use disorders'';
            (2) in subsection (e)(3), by striking ``tribes and tribal 
        organizations'' and inserting ``Tribes and Tribal 
        organizations''; and
            (3) in subsection (f), by striking ``2017 through 2021'' and 
        inserting ``2023 through 2027''.
SEC. 1214. PRIORITY SUBSTANCE USE DISORDER PREVENTION NEEDS OF 
                          REGIONAL AND NATIONAL SIGNIFICANCE.

    Section 516 of the Public Health Service Act (42 U.S.C. 290bb-22) is 
amended--
            (1) in subsection (a)--
                    (A) in paragraph (3), by striking ``abuse'' and 
                inserting ``use''; and
                    (B) in the matter following paragraph (3), by 
                striking ``tribes or tribal organizations'' and 
                inserting ``Tribes or Tribal organizations'';
            (2) in subsection (b), in the subsection heading, by 
        striking ``Abuse'' and inserting ``Use Disorder''; and

[[Page 136 STAT. 5662]]

            (3) in subsection (f), by striking ``$211,148,000 for each 
        of fiscal years 2018 through 2022'' and inserting ``$218,219,000 
        for each of fiscal years 2023 through 2027''.
SEC. 1215. SOBER TRUTH ON PREVENTING (STOP) UNDERAGE DRINKING 
                          REAUTHORIZATION.

    Section 519B of the Public Health Service Act (42 U.S.C. 290bb-25b) 
is amended--
            (1) by amending subsection (a) to read as follows:

    ``(a) Definitions.--For purposes of this section:
            ``(1) The term `alcohol beverage industry' means the 
        brewers, vintners, distillers, importers, distributors, and 
        retail or online outlets that sell or serve beer, wine, and 
        distilled spirits.
            ``(2) The term `school-based prevention' means programs, 
        which are institutionalized, and run by staff members or school-
        designated persons or organizations in any grade of school, 
        kindergarten through 12th grade.
            ``(3) The term `youth' means persons under the age of 21.''; 
        and
            (2) by striking subsections (c) through (g) and inserting 
        the following:

    ``(c) Interagency Coordinating Committee; Annual Report on State 
Underage Drinking Prevention and Enforcement Activities.--
            ``(1) Interagency coordinating committee on the prevention 
        of underage drinking.--
                    ``(A) In general.--The Secretary, in collaboration 
                with the Federal officials specified in subparagraph 
                (B), shall continue to support and enhance the efforts 
                of the interagency coordinating committee, that began 
                operating in 2004, focusing on underage drinking 
                (referred to in this subsection as the `Committee').
                    ``(B) Other agencies.--The officials referred to in 
                subparagraph (A) are the Secretary of Education, the 
                Attorney General, the Secretary of Transportation, the 
                Secretary of the Treasury, the Secretary of Defense, the 
                Surgeon General, the Director of the Centers for Disease 
                Control and Prevention, the Director of the National 
                Institute on Alcohol Abuse and Alcoholism, the Assistant 
                Secretary for Mental Health and Substance Use, the 
                Director of the National Institute on Drug Abuse, the 
                Assistant Secretary for Children and Families, the 
                Director of the Office of National Drug Control Policy, 
                the Administrator of the National Highway Traffic Safety 
                Administration, the Administrator of the Office of 
                Juvenile Justice and Delinquency Prevention, the 
                Chairman of the Federal Trade Commission, and such other 
                Federal officials as the Secretary of Health and Human 
                Services determines to be appropriate.
                    ``(C) Chair.--The Secretary of Health and Human 
                Services shall serve as the chair of the Committee.
                    ``(D) Duties.--The Committee shall guide policy and 
                program development across the Federal Government with 
                respect to underage drinking, provided, however, that 
                nothing in this section shall be construed as 
                transferring

[[Page 136 STAT. 5663]]

                regulatory or program authority from an agency to the 
                Committee.
                    ``(E) Consultations.--The Committee shall actively 
                seek the input of and shall consult with all appropriate 
                and interested parties, including States, public health 
                research and interest groups, foundations, and alcohol 
                beverage industry trade associations and companies.
                    ``(F) Annual report.--
                          ``(i) <<NOTE: Summaries.>>  In general.--The 
                      Secretary, on behalf of the Committee, shall 
                      annually submit to the Congress a report that 
                      summarizes--
                                    ``(I) all programs and policies of 
                                Federal agencies designed to prevent and 
                                reduce underage drinking, including such 
                                programs and policies that support State 
                                efforts to prevent or reduce underage 
                                drinking;
                                    ``(II) the extent of progress in 
                                preventing and reducing underage 
                                drinking at State and national levels;
                                    ``(III) <<NOTE: Data.>>  data that 
                                the Secretary shall collect with respect 
                                to the information specified in clause 
                                (ii); and
                                    ``(IV) such other information 
                                regarding underage drinking as the 
                                Secretary determines to be appropriate.
                          ``(ii) Certain information.--The report under 
                      clause (i) shall include information on the 
                      following:
                                    ``(I) Patterns and consequences of 
                                underage drinking as reported in 
                                research and surveys such as, but not 
                                limited to, Monitoring the Future, Youth 
                                Risk Behavior Surveillance System, the 
                                National Survey on Drug Use and Health, 
                                and the Fatality Analysis Reporting 
                                System.
                                    ``(II) Measures of the availability 
                                of alcohol from commercial and non-
                                commercial sources to underage 
                                populations.
                                    ``(III) Measures of the exposure of 
                                underage populations to messages 
                                regarding alcohol in advertising, social 
                                media, and the entertainment media.
                                    ``(IV) <<NOTE: Data.>>  Surveillance 
                                data, including, to the extent such 
                                information is available, information on 
                                the onset and prevalence of underage 
                                drinking, consumption patterns and 
                                beverage preferences, trends related to 
                                drinking among different age groups, 
                                including between youth and adults, the 
                                means of underage access, including 
                                trends over time, for these surveillance 
                                data, and other data, 
                                as <<NOTE: Plan.>> appropriate. The 
                                Secretary shall develop a plan to 
                                improve the collection, measurement, and 
                                consistency of reporting Federal 
                                underage alcohol data.
                                    ``(V) Any additional findings 
                                resulting from research conducted or 
                                supported under subsection (g).

[[Page 136 STAT. 5664]]

                                    ``(VI) Evidence-based best practices 
                                to prevent and reduce underage drinking 
                                and provide treatment services to those 
                                youth who need such services.
            ``(2) Annual report on state underage drinking prevention 
        and enforcement activities.--
                    ``(A) In general.--The Secretary shall, with input 
                and collaboration from other appropriate Federal 
                agencies, States, Indian Tribes, territories, and public 
                health, consumer, and alcohol beverage industry groups, 
                annually issue a report on each State's performance in 
                enacting, enforcing, and creating laws, regulations, 
                programs, and other actions to prevent or reduce 
                underage drinking based on the best practices identified 
                pursuant to paragraph (1)(F)(ii)(VI). For purposes of 
                this paragraph, each such report, with respect to a 
                year, shall be referred to as the `State Report'. Each 
                State Report may be used as a resource to inform the 
                identification and implementation of activities to 
                prevent underage drinking, as determined to be 
                appropriate by such State or other applicable entity.
                    ``(B) Contents.--
                          ``(i) Performance measures.--The Secretary 
                      shall develop, in consultation with the Committee, 
                      a set of measures to be used in preparing the 
                      State Report on best practices, including as they 
                      relate to State laws, regulations, other actions, 
                      and enforcement practices.
                          ``(ii) <<NOTE: Updates.>>  State report 
                      content.--The State Report shall include updates 
                      on State laws, regulations, and other actions, 
                      including those described in previous reports to 
                      Congress, including with respect to the following:
                                    ``(I) Whether or not the State has 
                                comprehensive anti-underage drinking 
                                laws such as for the illegal sale, 
                                purchase, attempt to purchase, 
                                consumption, or possession of alcohol; 
                                illegal use of fraudulent ID; illegal 
                                furnishing or obtaining of alcohol for 
                                an individual under 21 years; the degree 
                                of strictness of the penalties for such 
                                offenses; and the prevalence of the 
                                enforcement of each of these 
                                infractions.
                                    ``(II) Whether or not the State has 
                                comprehensive liability statutes 
                                pertaining to underage access to alcohol 
                                such as dram shop, social host, and 
                                house party laws, and the prevalence of 
                                enforcement of each of these laws.
                                    ``(III) Whether or not the State 
                                encourages and conducts comprehensive 
                                enforcement efforts to prevent underage 
                                access to alcohol at retail outlets, 
                                such as random compliance checks and 
                                shoulder tap programs, and the number of 
                                compliance checks within alcohol retail 
                                outlets measured against the number of 
                                total alcohol retail outlets in each 
                                State, and the result of such checks.
                                    ``(IV) Whether or not the State 
                                encourages training on the proper 
                                selling and serving of

[[Page 136 STAT. 5665]]

                                alcohol for all sellers and servers of 
                                alcohol as a condition of employment.
                                    ``(V) Whether or not the State has 
                                policies and regulations with regard to 
                                direct sales to consumers and home 
                                delivery of alcoholic beverages.
                                    ``(VI) Whether or not the State has 
                                programs or laws to deter adults from 
                                purchasing alcohol for minors; and the 
                                number of adults targeted by these 
                                programs.
                                    ``(VII) Whether or not the State has 
                                enacted graduated drivers licenses and 
                                the extent of those provisions.
                                    ``(VIII) Whether or not the State 
                                has adopted any other policies 
                                consistent with evidence-based practices 
                                related to the prevention of underage 
                                alcohol use, which may include any such 
                                practices described in relevant reports 
                                issued by the Surgeon General and 
                                practices related to youth exposure to 
                                alcohol-related products and 
                                information.
                                    ``(IX) A description of the degree 
                                to which the practices of local 
                                jurisdictions within the State vary from 
                                one another.
            ``(3) <<NOTE: Time periods.>>  Authorization of 
        appropriations.--There is authorized to be appropriated to carry 
        out this subsection $1,000,000 for each of fiscal years 2023 
        through 2027.

    ``(d) National Media Campaign To Prevent Underage Drinking.--
            ``(1) In general.--The Secretary, in consultation with the 
        National Highway Traffic Safety Administration, shall develop or 
        continue an intensive, multifaceted national media campaign 
        aimed at adults to reduce underage drinking.
            ``(2) Purpose.--The purpose of the national media campaign 
        described in this section shall be to achieve the following 
        objectives:
                    ``(A) Promote community awareness of, and a 
                commitment to, reducing underage drinking.
                    ``(B) Encourage activities, including activities 
                carried out by adults, that inhibit the illegal use of 
                alcohol by youth.
                    ``(C) Discourage activities, including activities 
                carried out by adults, that promote the illegal use of 
                alcohol by youth.
            ``(3) Components.--When implementing the national media 
        campaign described in this section, the Secretary shall--
                    ``(A) educate the public about the public health and 
                safety benefits of evidence-based strategies to reduce 
                underage drinking, including existing laws related to 
                the minimum legal drinking age, and engage the public 
                and parents in the implementation of such strategies;
                    ``(B) educate the public about the negative 
                consequences of underage drinking;
                    ``(C) identify specific actions by adults to 
                discourage or inhibit underage drinking;
                    ``(D) discourage adult conduct that tends to 
                facilitate underage drinking;
                    ``(E) establish collaborative relationships with 
                local and national organizations and institutions to 
                further the goals

[[Page 136 STAT. 5666]]

                of the campaign and assure that the messages of the 
                campaign are disseminated from a variety of sources;
                    ``(F) conduct the campaign through multi-media 
                sources; and
                    ``(G) take into consideration demographics and other 
                relevant factors to most effectively reach target 
                audiences.
            ``(4) <<NOTE: Review.>>  Consultation requirement.--In 
        developing and implementing the national media campaign 
        described in this section, the Secretary shall review 
        recommendations for reducing underage drinking, including those 
        published by the National Academies of Sciences, Engineering, 
        and Medicine and the Surgeon General. The Secretary shall also 
        consult with interested parties including the alcohol beverage 
        industry, medical, public health, and consumer and parent 
        groups, law enforcement, institutions of higher education, 
        community-based organizations and coalitions, and other relevant 
        stakeholders.
            ``(5) <<NOTE: Cost projections.>>  Annual report.--The 
        Secretary shall produce an annual report on the progress of the 
        development or implementation of the media campaign described in 
        this subsection, including expenses and projected costs, and, as 
        such information is available, report on the effectiveness of 
        such campaign in affecting adult attitudes toward underage 
        drinking and adult willingness to take actions to decrease 
        underage drinking.
            ``(6) Research on youth-oriented campaign.--The Secretary 
        may, based on the availability of funds, conduct or support 
        research on the potential success of a youth-oriented national 
        media campaign to reduce underage drinking. 
        The <<NOTE: Reports. Recommenda- tions.>>  Secretary shall 
        report to Congress any such results and any related 
        recommendations.
            ``(7) <<NOTE: Contracts.>>  Administration.--The Secretary 
        may enter into an agreement with another Federal agency to 
        delegate the authority for execution and administration of the 
        adult-oriented national media campaign.
            ``(8) <<NOTE: Time periods.>>  Authorization of 
        appropriations.--There is authorized to be appropriated to carry 
        out this section $2,500,000 for each of fiscal years 2023 
        through 2027.

    ``(e) Community-Based Coalition Enhancement Grants To Prevent 
Underage Drinking.--
            ``(1) <<NOTE: Evaluation. Strategies.>>  Authorization of 
        program.--The Assistant Secretary for Mental Health and 
        Substance Use, in consultation with the Director of the Office 
        of National Drug Control Policy, shall award enhancement grants 
        to eligible entities to design, implement, evaluate, and 
        disseminate comprehensive strategies to maximize the 
        effectiveness of community-wide approaches to preventing and 
        reducing underage drinking. This subsection is subject to the 
        availability of appropriations.
            ``(2) Purposes.--The purposes of this subsection are to--
                    ``(A) prevent and reduce alcohol use among youth in 
                communities throughout the United States;
                    ``(B) strengthen collaboration among communities, 
                the Federal Government, Tribal Governments, and State 
                and local governments;
                    ``(C) enhance intergovernmental cooperation and 
                coordination on the issue of alcohol use among youth;
                    ``(D) serve as a catalyst for increased citizen 
                participation and greater collaboration among all 
                sectors and

[[Page 136 STAT. 5667]]

                organizations of a community that first demonstrates a 
                long-term commitment to reducing alcohol use among 
                youth;
                    ``(E) implement evidence-based strategies to prevent 
                and reduce underage drinking in communities; and
                    ``(F) enhance, not supplant, effective local 
                community initiatives for preventing and reducing 
                alcohol use among youth.
            ``(3) Application.--An eligible entity desiring an 
        enhancement grant under this subsection shall submit an 
        application to the Assistant Secretary at such time, and in such 
        manner, and accompanied by such information and assurances, as 
        the Assistant Secretary may require. Each application shall 
        include--
                    ``(A) a complete description of the entity's current 
                underage alcohol use prevention initiatives and how the 
                grant will appropriately enhance the focus on underage 
                drinking issues; or
                    ``(B) a complete description of the entity's current 
                initiatives, and how it will use the grant to enhance 
                those initiatives by adding a focus on underage drinking 
                prevention.
            ``(4) Uses of funds.--Each eligible entity that receives a 
        grant under this subsection shall use the grant funds to carry 
        out the activities described in such entity's application 
        submitted pursuant to paragraph (3) and obtain specialized 
        training and technical assistance by the entity funded under 
        section 4 of Public Law 107-82, as amended (21 U.S.C. 1521 
        note). Grants <<NOTE: Time period.>>  under this subsection 
        shall not exceed $60,000 per year and may not exceed four years.
            ``(5) Supplement not supplant.--Grant funds provided under 
        this subsection shall be used to supplement, not supplant, 
        Federal and non-Federal funds available for carrying out the 
        activities described in this subsection.
            ``(6) Evaluation.--Grants under this subsection shall be 
        subject to the same evaluation requirements and procedures as 
        the evaluation requirements and procedures imposed on recipients 
        of drug-free community grants.
            ``(7) Definitions.--For purposes of this subsection, the 
        term `eligible entity' means an organization that is currently 
        receiving or has received grant funds under the Drug-Free 
        Communities Act of 1997.
            ``(8) Administrative expenses.--Not more than 6 percent of a 
        grant under this subsection may be expended for administrative 
        expenses.
            ``(9) <<NOTE: Time periods.>>  Authorization of 
        appropriations.--There is authorized to be appropriated to carry 
        out this subsection $11,500,000 for each of fiscal years 2023 
        through 2027.

    ``(f) Grants to Organizations Representing Pediatric Providers and 
Other Related Health Professionals To Reduce Underage Drinking Through 
Screening and Brief Interventions.--
            ``(1) In general.--The Secretary, acting through the 
        Assistant Secretary for Mental Health and Substance Use, shall 
        make awards to one or more entities representing pediatric

[[Page 136 STAT. 5668]]

        providers and other related health professionals with 
        demonstrated ability to increase among the members of such 
        entities effective practices to reduce the prevalence of alcohol 
        use among individuals under the age of 21, including college 
        students.
            ``(2) Purposes.--Grants under this subsection shall be made 
        to improve--
                    ``(A) screening adolescents for alcohol use;
                    ``(B) offering brief interventions to adolescents to 
                discourage such use;
                    ``(C) educating parents about the dangers of and 
                methods of discouraging such use;
                    ``(D) diagnosing and treating alcohol use disorders; 
                and
                    ``(E) referring patients, when necessary, to other 
                appropriate care.
            ``(3) Use of funds.--An entity receiving a grant under this 
        section may use the grant funding to promote the practices 
        specified in paragraph (2) among its members by--
                    ``(A) providing training to health care providers;
                    ``(B) disseminating best practices, including 
                culturally and linguistically appropriate best 
                practices, and developing and distributing materials; 
                and
                    ``(C) supporting other activities as determined 
                appropriate by the Assistant Secretary.
            ``(4) Application.--To be eligible to receive a grant under 
        this subsection, an entity shall submit an application to the 
        Assistant Secretary at such time, and in such manner, and 
        accompanied by such information and assurances as the Secretary 
        may require. Each application shall include--
                    ``(A) a description of the entity;
                    ``(B) a description of the activities to be 
                completed that will promote the practices specified in 
                paragraph (2);
                    ``(C) a description of the entity's qualifications 
                for performing such activities; and
                    ``(D) <<NOTE: Timeline.>>  a timeline for the 
                completion of such activities.
            ``(5) Definitions.--For the purpose of this subsection:
                    ``(A) Brief intervention.--The term `brief 
                intervention' means, after screening a patient, 
                providing the patient with brief advice and other brief 
                motivational enhancement techniques designed to increase 
                the insight of the patient regarding the patient's 
                alcohol use, and any realized or potential consequences 
                of such use to effect the desired related behavioral 
                change.
                    ``(B) Screening.--The term `screening' means using 
                validated patient interview techniques to identify and 
                assess the existence and extent of alcohol use in a 
                patient.
            ``(6) <<NOTE: Time periods.>>  Authorization of 
        appropriations.--There is authorized to be appropriated to carry 
        out this subsection $3,000,000 for each of fiscal years 2023 
        through 2027.

    ``(g) Data Collection and Research.--
            ``(1) Additional research on underage drinking.--
                    ``(A) In general.--The Secretary shall, subject to 
                the availability of appropriations, support the 
                collection of data, and conduct or support research that 
                is not duplicative of research currently being conducted 
                or supported by the Department of Health and Human 
                Services, on underage drinking, with respect to the 
                following:

[[Page 136 STAT. 5669]]

                          ``(i) <<NOTE: Evaluation.>>  The evaluation, 
                      which may include through the development of 
                      relevant capabilities of expertise within a State, 
                      of the effectiveness of comprehensive community-
                      based programs or strategies and statewide systems 
                      to prevent and reduce underage drinking, across 
                      the underage years from early childhood to age 21, 
                      such as programs funded and implemented by 
                      governmental entities, public health interest 
                      groups and foundations, and alcohol beverage 
                      companies and trade associations.
                          ``(ii) Obtaining and reporting more precise 
                      information than is currently collected on the 
                      scope of the underage drinking problem and 
                      patterns of underage alcohol consumption, 
                      including improved knowledge about the problem and 
                      progress in preventing, reducing, and treating 
                      underage drinking, as well as information on the 
                      rate of exposure of youth to advertising and other 
                      media messages encouraging and discouraging 
                      alcohol consumption.
                          ``(iii) The development and identification of 
                      evidence-based or evidence-informed strategies to 
                      reduce underage drinking, which may include 
                      through translational research.
                          ``(iv) Improving and conducting public health 
                      data collection on alcohol use and alcohol-related 
                      conditions in States, which may include by 
                      increasing the use of surveys, such as the 
                      Behavioral Risk Factor Surveillance System, to 
                      monitor binge and excessive drinking and related 
                      harms among individuals who are at least 18 years 
                      of age, but not more than 20 years of age, 
                      including harm caused to self or others as a 
                      result of alcohol use that is not duplicative of 
                      research currently being conducted or supported by 
                      the Department of Health and Human Services.
                    ``(B) <<NOTE: Time periods.>>  Authorization of 
                appropriations.--There is authorized to be appropriated 
                to carry out this paragraph $5,000,000 for each of 
                fiscal years 2023 through 2027.
            ``(2) National academies of sciences, engineering, and 
        medicine study.--
                    ``(A) In general.--Not later than 12 months after 
                the date of enactment of the Restoring Hope for Mental 
                Health and Well-Being Act of 2022, the Secretary shall--
                          ``(i) <<NOTE: Contracts.>>  contract with the 
                      National Academies of Sciences, Engineering, and 
                      Medicine to study developments in research on 
                      underage drinking and the implications of these 
                      developments; and
                          ``(ii) <<NOTE: Reports.>>  report to the 
                      Congress on the results of such review.
                    ``(B) <<NOTE: Time period.>>  Authorization of 
                appropriations.--There is authorized to be appropriated 
                to carry out this paragraph $500,000 for fiscal year 
                2023.''.
SEC. 1216. GRANTS FOR JAIL DIVERSION PROGRAMS.

    Section 520G of the Public Health Service Act (42 U.S.C. 290bb-38) 
is amended--
            (1) in subsection (a)--
                    (A) by striking ``up to 125''; and

[[Page 136 STAT. 5670]]

                    (B) by striking ``tribes and tribal organizations'' 
                and inserting ``Tribes and Tribal organizations'';
            (2) in subsection (b)(2), by striking ``tribes, and tribal 
        organizations'' and inserting ``Tribes, and Tribal 
        organizations'';
            (3) in subsection (c)--
                    (A) in paragraph (1), by striking ``Indian tribe or 
                tribal organization'' and inserting ``an Indian Tribe or 
                Tribal organization, a health facility or program 
                described in subsection (a), or a public or nonprofit 
                entity referred to in subsection (a)''; and
                    (B) in paragraph (2)(A)--
                          (i) in clause (i), by inserting ``peer 
                      recovery support services,'' after ``disorder 
                      treatment,''; and
                          (ii) in clause (iii), by striking ``tribe, or 
                      tribal organization'' and inserting ``Tribe, or 
                      Tribal organization'';
            (4) in subsection (e)--
                    (A) in the matter preceding paragraph (1), by 
                striking ``tribe, or tribal organization'' and inserting 
                ``Tribe, or Tribal organization'';
                    (B) in paragraph (3), by inserting ``and 
                paraprofessionals'' after ``professionals''; and
                    (C) in paragraph (5), by striking ``or arrest'' and 
                inserting ``, arrest, or release'';
            (5) in subsection (f), by striking ``tribe, or tribal 
        organization'' each place it appears and inserting ``Tribe, or 
        Tribal organization'';
            (6) in subsection (h), by striking ``tribe, or tribal 
        organization'' and inserting ``Tribe, or Tribal organization''; 
        and
            (7) in subsection (j), by striking ``$4,269,000 for each of 
        fiscal years 2018 through 2022'' and inserting ``$14,000,000 for 
        each of fiscal years 2023 through 2027''.
SEC. 1217. FORMULA GRANTS TO STATES.

    Section 521 of the Public Health Service Act (42 U.S.C. 290cc-21) is 
amended by striking ``2018 through 2022'' and inserting ``2023 through 
2027''.
SEC. 1218. PROJECTS FOR ASSISTANCE IN TRANSITION FROM 
                          HOMELESSNESS.

    Section 535(a) of the Public Health Service Act (42 U.S.C. 290cc-
35(a)) is amended by striking ``2018 through 2022'' and inserting ``2023 
through 2027''.
SEC. 1219. GRANTS FOR REDUCING OVERDOSE DEATHS.

    (a) Grants.--
            (1) Repeal of maximum grant amount.--Paragraph (2) of 
        section 544(a) of the Public Health Service Act (42 U.S.C. 
        290dd-3(a)) is hereby repealed.
            (2) Eligible entity; subgrants.--Section 544(a) of the 
        Public Health Service Act (42 U.S.C. 290dd-3(a)) is amended by 
        striking paragraph (3) and inserting the following:
            ``(2) <<NOTE: Definition.>>  Eligible entity.--For purposes 
        of this section, the term `eligible entity' means a State, 
        Territory, locality, or Indian Tribe or Tribal organization (as 
        those terms are defined in section 4 of the Indian Self-
        Determination and Education Assistance Act).

[[Page 136 STAT. 5671]]

            ``(3) Subgrants.--For the purposes for which a grant is 
        awarded under this section, the eligible entity receiving the 
        grant may award subgrants to a Federally qualified health center 
        (as defined in section 1861(aa) of the Social Security Act), an 
        opioid treatment program (as defined in section 8.2 of title 42, 
        Code of Federal Regulations (or any successor regulations)), any 
        practitioner dispensing narcotic drugs pursuant to section 
        303(g) of the Controlled Substances Act, or any nonprofit 
        organization that the Secretary deems appropriate, which may 
        include Urban Indian organizations (as defined in section 4 of 
        the Indian Health Care Improvement Act).''.
            (3) Prescribing.--Section 544(a)(4) of the Public Health 
        Service Act (42 U.S.C. 290dd-3(a)(4)) is amended--
                    (A) in subparagraph (A), by inserting ``, including 
                patients prescribed both an opioid and a 
                benzodiazepine'' before the semicolon at the end; and
                    (B) in subparagraph (D), by striking ``drug 
                overdose'' and inserting ``overdose''.
            (4) Use of funds.--Paragraph (5) of section 544(c) of the 
        Public Health Service Act (42 U.S.C. 290dd-3(c)) is amended to 
        read as follows:
            ``(5) <<NOTE: Protocols.>>  To establish protocols to 
        connect patients who have experienced an overdose with 
        appropriate treatment, including overdose reversal medications, 
        medication assisted treatment, and appropriate counseling and 
        behavioral therapies.''.
            (5) Improving access to overdose treatment.--Section 544 of 
        the Public Health Service Act (42 U.S.C. 290dd-3) is amended--
                    (A) by redesignating subsections (d) through (f) as 
                subsections (e) through (g), respectively;
                    (B) in subsection (f), as so redesignated, by 
                striking ``subsection (d)'' and inserting ``subsection 
                (e)''; and
                    (C) by inserting after subsection (c) the following:

    ``(d) Improving Access to Overdose Treatment.--
            ``(1) Information on best practices.--
                    ``(A) Health and human services.--The Secretary of 
                Health and Human Services may provide information to 
                States, localities, Indian Tribes, Tribal organizations, 
                and Urban Indian organizations on best practices for 
                prescribing or co-prescribing a drug or device approved, 
                cleared, or otherwise legally marketed under the Federal 
                Food, Drug, and Cosmetic Act for emergency treatment of 
                known or suspected opioid overdose, including for 
                patients receiving chronic opioid therapy and patients 
                being treated for opioid use disorders.
                    ``(B) Defense.--The Secretary of Health and Human 
                Services may, as appropriate, consult with the Secretary 
                of Defense regarding the provision of information to 
                prescribers within Department of Defense medical 
                facilities on best practices for prescribing or co-
                prescribing a drug or device approved, cleared, or 
                otherwise legally marketed under the Federal Food, Drug, 
                and Cosmetic Act for emergency treatment of known or 
                suspected opioid overdose, including for patients 
                receiving chronic opioid therapy and patients being 
                treated for opioid use disorders.
                    ``(C) Veterans affairs.--The Secretary of Health and 
                Human Services may, as appropriate, consult with the

[[Page 136 STAT. 5672]]

                Secretary of Veterans Affairs regarding the provision of 
                information to prescribers within Department of Veterans 
                Affairs medical facilities on best practices for 
                prescribing or co-prescribing a drug or device approved, 
                cleared, or otherwise legally marketed under the Federal 
                Food, Drug, and Cosmetic Act for emergency treatment of 
                known or suspected opioid overdose, including for 
                patients receiving chronic opioid therapy and patients 
                being treated for opioid use disorders.
            ``(2) Rule of construction.--Nothing in this subsection 
        shall be construed as establishing or contributing to a medical 
        standard of care.''.
            (6) <<NOTE: Time periods.>>  Authorization of 
        appropriations.--Section 544(g) of the Public Health Service Act 
        (42 U.S.C. 290dd-3(g)), as redesignated, is amended by striking 
        ``fiscal years 2017 through 2021'' and inserting ``fiscal years 
        2023 through 2027''.
            (7) Technical amendments.--
                    (A) Section 544 of the Public Health Service Act (42 
                U.S.C. 290dd-3), as amended, is further amended by 
                striking ``approved or cleared'' each place it appears 
                and inserting ``approved, cleared, or otherwise legally 
                marketed''.
                    (B) Section 107 of the Comprehensive Addiction and 
                Recovery Act of 2016 (Public Law 114-198) <<NOTE: 42 
                USC 290dd-3 note.>>  is amended by striking subsection 
                (b).
SEC. 1220. OPIOID OVERDOSE REVERSAL MEDICATION ACCESS AND 
                          EDUCATION GRANT PROGRAMS.

    (a) Grants.--Section 545 of the Public Health Service Act (42 U.S.C. 
290ee) is amended--
            (1) in the section heading, by striking ``access and 
        education grant programs'' and inserting ``access, education, 
        and co-prescribing grant programs'';
            (2) in the heading of subsection (a), by striking ``Grants 
        to States'' and inserting ``Grants'';
            (3) in subsection (a), by striking ``shall make grants to 
        States'' and inserting ``shall make grants to States, 
        localities, Indian Tribes, and Tribal organizations (as those 
        terms are defined in section 4 of the Indian Self-Determination 
        and Education Assistance Act)'';
            (4) in subsection (a)(1), by striking ``implement strategies 
        for pharmacists to dispense a drug or device'' and inserting 
        ``implement strategies that increase access to drugs or 
        devices'';
            (5) by redesignating paragraphs (3) and (4) as paragraphs 
        (4) and (5), respectively; and
            (6) by inserting after paragraph (2) the following:
            ``(3) encourage health care providers to co-prescribe, as 
        appropriate, drugs or devices approved, cleared, or otherwise 
        legally marketed under the Federal Food, Drug, and Cosmetic Act 
        for emergency treatment of known or suspected opioid 
        overdose;''.

    (b) Grant Period.--Section 545(d)(2) of the Public Health Service 
Act (42 U.S.C. 290ee(d)(2)) is amended by striking ``3 years'' and 
inserting ``5 years''.
    (c) Limitation.--Paragraph (3) of section 545(d) of the Public 
Health Service Act (42 U.S.C. 290ee(d)) is amended to read as follows:

[[Page 136 STAT. 5673]]

            ``(3) Limitations.--A State may--
                    ``(A) use not more than 10 percent of a grant under 
                this section for educating the public pursuant to 
                subsection (a)(5); and
                    ``(B) use not less than 20 percent of a grant under 
                this section to offset cost-sharing for distribution and 
                dispensing of drugs or devices approved, cleared, or 
                otherwise legally marketed under the Federal Food, Drug, 
                and Cosmetic Act for emergency treatment of known or 
                suspected opioid overdose.''.

    (d) <<NOTE: Time periods.>>  Authorization of Appropriations.--
Section 545(h)(1) of the Public Health Service Act, is amended by 
striking ``fiscal years 2017 through 2019'' and inserting ``fiscal years 
2023 through 2027''.

    (e) Technical Amendment.--Section 545 of the Public Health Service 
Act (42 U.S.C. 290ee), as amended, is further amended by striking 
``approved or cleared'' each place it appears and inserting ``approved, 
cleared, or otherwise legally marketed''.
SEC. 1221. <<NOTE: 42 USC 294i-1.>>  EMERGENCY DEPARTMENT 
                          ALTERNATIVES TO OPIOIDS.

    Section 7091 of the SUPPORT for Patients and Communities Act (Public 
Law 115-271) <<NOTE: 42 USC 294i-1.>>  is amended--
            (1) in the section heading, by striking ``demonstration'' 
        (and by conforming the item relating to such section in the 
        table of contents in section 1(b));
            (2) in subsection (a)--
                    (A) by amending the subsection heading to read as 
                follows: ``Grant Program''; and
                    (B) in paragraph (1), by striking ``demonstration'';
            (3) in subsection (b), in the subsection heading, by 
        striking ``Demonstration'';
            (4) in subsection (d)(4), by striking ``tribal'' and 
        inserting ``Tribal'';
            (5) in subsection (f)--
                    (A) in the heading, by striking ``Report'' and 
                inserting ``Reports''; and
                    (B) in the matter preceding paragraph (1), by 
                striking ``Not later than 1 year after completion of the 
                demonstration program under this section, the Secretary 
                shall submit a report to the Congress on the results of 
                the demonstration program'' and inserting ``Not later 
                than the end of each of fiscal years 2024 and 2027, the 
                Secretary shall submit to the Committee on Health, 
                Education, Labor, and Pensions of the Senate and the 
                Committee on Energy and Commerce of the House of 
                Representatives a report on the results of the 
                program''; and
            (6) in subsection (g), by striking ``2019 through 2021'' and 
        inserting ``2023 through 2027''.

                CHAPTER 3--EXCELLENCE IN RECOVERY HOUSING

SEC. 1231. CLARIFYING THE ROLE OF SAMHSA IN PROMOTING THE 
                          AVAILABILITY OF HIGH-QUALITY RECOVERY 
                          HOUSING.

    Section 501(d) of the Public Health Service Act (42 U.S.C. 290aa) is 
amended--
            (1) in paragraph (24)(E), by striking ``and'' at the end;
            (2) in paragraph (25), by striking the period at the end and 
        inserting ``; and''; and

[[Page 136 STAT. 5674]]

            (3) by adding at the end the following:
            ``(26) collaborate with national accrediting entities, 
        recovery housing providers, organizations or individuals with 
        established expertise in delivery of recovery housing services, 
        States, Federal agencies (including the Department of Health and 
        Human Services, the Department of Housing and Urban Development, 
        and the agencies listed in section 550(e)(2)(B)), and other 
        relevant stakeholders, to promote the availability of high-
        quality recovery housing and services for individuals with a 
        substance use disorder.''.
SEC. 1232. DEVELOPING GUIDELINES FOR STATES TO PROMOTE THE 
                          AVAILABILITY OF HIGH-QUALITY RECOVERY 
                          HOUSING.

    Section 550(a) of the Public Health Service Act (42 U.S.C. 290ee-
5(a)) (relating to national recovery housing best practices) is 
amended--
            (1) by amending paragraph (1) to read as follows:
            ``(1) <<NOTE: Update.>>  In general.--The Secretary, in 
        consultation with the individuals and entities specified in 
        paragraph (2), shall continue activities to identify, facilitate 
        the development of, and periodically update consensus-based best 
        practices, which may include model laws for implementing 
        suggested minimum standards for operating, and promoting the 
        availability of, high-quality recovery housing.'';
            (2) in paragraph (2)--
                    (A) by striking subparagraphs (A) and (B) and 
                inserting the following:
                    ``(A) officials representing the agencies described 
                in subsection (e)(2);'';
                    (B) by redesignating subparagraphs (C) through (G) 
                as subparagraphs (B) through (F), respectively;
                    (C) in subparagraph (B), as so redesignated, by 
                striking ``tribal'' and inserting ``Tribal''; and
                    (D) in subparagraph (D), as so redesignated, by 
                striking ``tribes, tribal organizations, and tribally'' 
                and inserting ``Tribes, Tribal organizations, and 
                Tribally''; and
            (3) by adding at the end the following:
            ``(3) Availability.--The best practices referred to in 
        paragraph (1) shall be--
                    ``(A) <<NOTE: Public information.>>  made publicly 
                available; and
                    ``(B) <<NOTE: Web posting.>>  published on the 
                public website of the Substance Abuse and Mental Health 
                Services Administration.
            ``(4) Exclusion of guideline on treatment services.--In 
        facilitating the development of best practices under paragraph 
        (1), the Secretary may not include any best practices with 
        respect to substance use disorder treatment services.''.
SEC. 1233. COORDINATION OF FEDERAL ACTIVITIES TO PROMOTE THE 
                          AVAILABILITY OF RECOVERY HOUSING.

    Section 550 of the Public Health Service Act (42 U.S.C. 290ee-5) 
(relating to national recovery housing best practices), as amended by 
section 1232, is further amended--
            (1) by redesignating subsections (e), (f), and (g) as 
        subsections (g), (h), and (i), respectively;
            (2) in subsection (c)(2), by striking ``Indian tribes, 
        tribal'' and inserting ``Indian Tribes, Tribal'';
            (3) in subsection (h)(2), as so redesignated--

[[Page 136 STAT. 5675]]

                    (A) by striking ``Indian tribe'' and inserting 
                ``Indian Tribe''; and
                    (B) by striking ``tribal organization'' and 
                inserting ``Tribal organization''; and
            (4) by inserting after subsection (d) the following:

    ``(e) Coordination of Federal Activities To Promote the Availability 
of Housing for Individuals Experiencing Homelessness, Individuals With a 
Mental Illness, and Individuals With a Substance Use Disorder.--
            ``(1) <<NOTE: Establishment.>>  In general.--The Secretary, 
        acting through the Assistant Secretary, and the Secretary of 
        Housing and Urban Development shall convene an interagency 
        working group for the following purposes:
                    ``(A) To increase collaboration, cooperation, and 
                consultation among the Department of Health and Human 
                Services, the Department of Housing and Urban 
                Development, and the Federal agencies listed in 
                paragraph (2)(B), with respect to promoting the 
                availability of housing, including high-quality recovery 
                housing, for individuals experiencing homelessness, 
                individuals with mental illnesses, and individuals with 
                substance use disorder.
                    ``(B) To align the efforts of such agencies and 
                avoid duplication of such efforts by such agencies.
                    ``(C) <<NOTE: Plan.>>  To develop objectives, 
                priorities, and a long-term plan for supporting State, 
                Tribal, and local efforts with respect to the operation 
                of high-quality recovery housing that is consistent with 
                the best practices developed under this section.
                    ``(D) To improve information on the quality of 
                recovery housing.
            ``(2) Composition.--The interagency working group under 
        paragraph (1) shall be composed of--
                    ``(A) the Secretary, acting through the Assistant 
                Secretary, and the Secretary of Housing and Urban 
                Development, who shall serve as the co-chairs; and
                    ``(B) representatives of each of the following 
                Federal agencies:
                          ``(i) The Centers for Medicare & Medicaid 
                      Services.
                          ``(ii) The Substance Abuse and Mental Health 
                      Services Administration.
                          ``(iii) The Health Resources and Services 
                      Administration.
                          ``(iv) The Office of the Inspector General of 
                      the Department of Health and Human Services.
                          ``(v) The Indian Health Service.
                          ``(vi) The Department of Agriculture.
                          ``(vii) The Department of Justice.
                          ``(viii) The Office of National Drug Control 
                      Policy.
                          ``(ix) The Bureau of Indian Affairs.
                          ``(x) The Department of Labor.
                          ``(xi) The Department of Veterans Affairs.
                          ``(xii) Any other Federal agency as the co-
                      chairs determine appropriate.
            ``(3) <<NOTE: Time period.>>  Meetings.--The working group 
        shall meet on a quarterly basis.
            ``(4) <<NOTE: Recommenda- tions.>>  Reports to congress.--
        Not later than 4 years after the date of the enactment of this 
        section, the working group

[[Page 136 STAT. 5676]]

        shall submit to the Committee on Health, Education, Labor, and 
        Pensions, the Committee on Agriculture, Nutrition, and Forestry, 
        and the Committee on Finance of the Senate and the Committee on 
        Energy and Commerce, the Committee on Ways and Means, the 
        Committee on Agriculture, and the Committee on Financial 
        Services of the House of Representatives a report describing the 
        work of the working group and any recommendations of the working 
        group to improve Federal, State, and local coordination with 
        respect to recovery housing and other housing resources and 
        operations for individuals experiencing homelessness, 
        individuals with a mental illness, and individuals with a 
        substance use disorder.''.
SEC. 1234. NATIONAL ACADEMIES OF SCIENCES, ENGINEERING, AND 
                          MEDICINE STUDY AND REPORT.

    (a) In General.--Not later than 60 days after the date of enactment 
of this Act, the Secretary of Health and Human Services, acting through 
the Assistant Secretary for Mental Health and Substance Use, shall--
            (1) <<NOTE: Contracts.>>  contract with the National 
        Academies of Sciences, Engineering, and Medicine--
                    (A) to study the quality and effectiveness of 
                recovery housing in the United States and whether the 
                availability of such housing meets demand; and
                    (B) <<NOTE: Recommenda- tions.>>  to identify 
                recommendations to promote the availability of high-
                quality recovery housing; and
            (2) report to the Congress on the results of such review.

    (b) <<NOTE: Time period.>>  Authorization of Appropriations.--To 
carry out this section, there is authorized to be appropriated 
$1,500,000 for fiscal year 2023.
SEC. 1235. GRANTS FOR STATES TO PROMOTE THE AVAILABILITY OF 
                          RECOVERY HOUSING AND SERVICES.

    Section 550 of the Public Health Service Act (42 U.S.C. 290ee-5) 
(relating to national recovery housing best practices), as amended by 
sections 1232 and 1233, is further amended by inserting after subsection 
(e) (as inserted by section 1233) the following:
    ``(f) Grants for Implementing National Recovery Housing Best 
Practices.--
            ``(1) In general.--The Secretary shall award grants to 
        States (and political subdivisions thereof), Indian Tribes, and 
        territories--
                    ``(A) for the provision of technical assistance to 
                implement the guidelines and recommendations developed 
                under subsection (a); and
                    ``(B) to promote--
                          ``(i) the availability of recovery housing for 
                      individuals with a substance use disorder; and
                          ``(ii) the maintenance of recovery housing in 
                      accordance with best practices developed under 
                      this section.
            ``(2) <<NOTE: Deadlines. Web posting.>>  State promotion 
        plans.--Not later than 90 days after receipt of a grant under 
        paragraph (1), and every 2 years thereafter, each State (or 
        political subdivisions thereof,) Indian Tribe, or territory 
        receiving a grant under paragraph (1) shall submit to the 
        Secretary, and publish on a publicly accessible internet website 
        of the State (or political subdivisions thereof), Indian Tribe, 
        or territory--

[[Page 136 STAT. 5677]]

                    ``(A) the plan of the State (or political 
                subdivisions thereof), Indian Tribe, or territory, with 
                respect to the promotion of recovery housing for 
                individuals with a substance use disorder located within 
                the jurisdiction of such State (or political 
                subdivisions thereof), Indian Tribe, or territory; and
                    ``(B) a description of how such plan is consistent 
                with the best practices developed under this section.''.
SEC. 1236. FUNDING.

    Subsection (i) of section 550 of the Public Health Service Act (42 
U.S.C. 290ee-5) (relating to national recovery housing best practices), 
as redesignated by section 1233, is amended by striking ``$3,000,000 for 
the period of fiscal years 2019 through 2021'' and inserting 
``$5,000,000 for the period of fiscal years 2023 through 2027''.
SEC. 1237. TECHNICAL CORRECTION.

    Title V of the Public Health Service Act (42 U.S.C. 290aa et seq.) 
is amended--
            (1) by redesignating section 550 (relating to Sobriety 
        Treatment and Recovery Teams) (42 U.S.C. 290ee-10), <<NOTE: 42 
        USC 290ee-5a.>>  as added by section 8214 of Public Law 115-271, 
        as section 550A; and
            (2) by moving such section so it appears after section 550 
        (relating to national recovery housing best practices).

 CHAPTER 4--SUBSTANCE USE PREVENTION, TREATMENT, AND RECOVERY SERVICES 
                               BLOCK GRANT

SEC. 1241. ELIMINATING STIGMATIZING LANGUAGE RELATING TO SUBSTANCE 
                          USE.

    (a) Block Grants for Prevention and Treatment of Substance Use.--
Part B of title XIX of the Public Health Service Act (42 U.S.C. 300x et 
seq.) is amended--
            (1) in the part heading, by striking ``substance abuse'' and 
        inserting ``substance use'';
            (2) in subpart II, by amending the subpart heading to read 
        as follows: ``Block Grants for Substance Use Prevention, 
        Treatment, and Recovery Services'';
            (3) in section 1922(a) (42 U.S.C. 300x-22(a))--
                    (A) in paragraph (1), in the matter preceding 
                subparagraph (A), by striking ``substance abuse'' and 
                inserting ``substance use disorders''; and
                    (B) by striking ``such abuse'' each place it appears 
                in paragraphs (1) and (2) and inserting ``such 
                disorders'';
            (4) in section 1923 (42 U.S.C. 300x-23)--
                    (A) in the section heading, by striking ``substance 
                abuse'' and inserting ``substance use''; and
                    (B) in subsection (a), by striking ``drug abuse'' 
                and inserting ``substance use disorders'';
            (5) in section 1925(a)(1) (42 U.S.C. 300x-25(a)(1)), by 
        striking ``alcohol or drug abuse'' and inserting ``alcohol or 
        other substance use disorders'';
            (6) in section 1926(b)(2)(B) (42 U.S.C. 300x-26(b)(2)(B)), 
        by striking ``substance abuse'';
            (7) in section 1931(b)(2) (42 U.S.C. 300x-31(b)(2)), by 
        striking ``substance abuse'' and inserting ``substance use 
        disorders'';

[[Page 136 STAT. 5678]]

            (8) in section 1933(d)(1) (42 U.S.C. 300x-33(d)), in the 
        matter following subparagraph (B), by striking ``abuse of 
        alcohol and other drugs'' and inserting ``use of substances'';
            (9) by amending paragraph (4) of section 1934 (42 U.S.C. 
        300x-34) to read as follows:
            ``(4) <<NOTE: Definition.>>  The term `substance use 
        disorder' means the recurrent use of alcohol or other drugs that 
        causes clinically significant impairment.'';
            (10) in section 1935 (42 U.S.C. 300x-35)--
                    (A) in subsection (a), by striking ``substance 
                abuse'' and inserting ``substance use disorders''; and
                    (B) in subsection (b)(1), by striking ``substance 
                abuse'' each place it appears and inserting ``substance 
                use disorders'';
            (11) in section 1949 (42 U.S.C. 300x-59), by striking 
        ``substance abuse'' each place it appears in subsections (a) and 
        (d) and inserting ``substance use disorders'';
            (12) in section 1954(b)(4) (42 U.S.C. 300x-64(b)(4))--
                    (A) by striking ``substance abuse'' and inserting 
                ``substance use disorders''; and
                    (B) by striking ``such abuse'' and inserting ``such 
                disorders''; and
            (13) in section 1956 (42 U.S.C. 300x-66), by striking 
        ``substance abuse'' and inserting ``substance use disorders''.

    (b) Certain Programs Regarding Mental Health and Substance Abuse.--
Part C of title XIX of the Public Health Service Act (42 U.S.C. 300y et 
seq.) is amended--
            (1) in the part heading, by striking ``substance abuse'' and 
        inserting ``substance use'';
            (2) in section 1971 (42 U.S.C. 300y), by striking 
        ``substance abuse'' each place it appears in subsections (a), 
        (b), and (f) and inserting ``substance use''; and
            (3) in section 1976 (42 U.S.C. 300y-11), by striking 
        ``intravenous abuse'' each place it appears and inserting 
        ``intravenous use''.
SEC. 1242. AUTHORIZED ACTIVITIES.

    Section 1921(b) of the Public Health Service Act (42 U.S.C. 300x-
21(b)) is amended by striking ``activities to prevent and treat 
substance use disorders'' and inserting ``activities to prevent, treat, 
and provide recovery support services for substance use disorders''.
SEC. 1243. STATE PLAN REQUIREMENTS.

    Section 1932(b)(1)(A) of the Public Health Service Act (42 U.S.C. 
300x-32(b)(1)(A)) is amended--
            (1) by redesignating clauses (vi) through (ix) as clauses 
        (vii) through (x), respectively;
            (2) by inserting after clause (v) the following:
                          ``(vi) provides a description of--
                                    ``(I) the State's comprehensive 
                                statewide recovery support services 
                                activities, including the number of 
                                individuals being served, target 
                                populations, workforce capacity 
                                (consistent with clause (viii)), and 
                                priority needs; and
                                    ``(II) the amount of funds received 
                                under this subpart expended on recovery 
                                support services, disaggregated by the 
                                amount expended for type of service 
                                activity;''; and

[[Page 136 STAT. 5679]]

            (3) in clause (viii), as so redesignated, by striking 
        ``disorders workforce'' and inserting ``disorders workforce, 
        including with respect to prevention, treatment, and 
        recovery,''.
SEC. 1244. UPDATING CERTAIN LANGUAGE RELATING TO TRIBES.

    Section 1933(d) of the Public Health Service Act (42 U.S.C. 300x-
33(d)) is amended--
            (1) in paragraph (1)--
                    (A) in subparagraph (A)--
                          (i) by striking ``of an Indian tribe or tribal 
                      organization'' and inserting ``of an Indian Tribe 
                      or Tribal organization''; and
                          (ii) by striking ``such tribe'' and inserting 
                      ``such Tribe'';
                    (B) in subparagraph (B)--
                          (i) by striking ``tribe or tribal 
                      organization'' and inserting ``Tribe or Tribal 
                      organization''; and
                          (ii) by striking ``Secretary under this'' and 
                      inserting ``Secretary under this subpart''; and
                    (C) in the matter following subparagraph (B), by 
                striking ``tribe or tribal organization'' and inserting 
                ``Tribe or Tribal organization'';
            (2) by amending paragraph (2) to read as follows:
            ``(2) Indian tribe or tribal organization as grantee.--The 
        amount reserved by the Secretary on the basis of a determination 
        under this subsection shall be granted to the Indian Tribe or 
        Tribal organization serving the individuals for whom such a 
        determination has been made.'';
            (3) in paragraph (3), by striking ``tribe or tribal 
        organization'' and inserting ``Tribe or Tribal organization''; 
        and
            (4) in paragraph (4)--
                    (A) in the paragraph heading, by striking 
                ``Definition'' and inserting ``Definitions''; and
                    (B) by striking ``The terms'' and all that follows 
                through ``given such terms'' and inserting the 
                following: ``The terms `Indian Tribe' and `Tribal 
                organization' have the meanings given the terms `Indian 
                tribe' and `tribal organization' ''.
SEC. 1245. BLOCK GRANTS FOR SUBSTANCE USE PREVENTION, TREATMENT, 
                          AND RECOVERY SERVICES.

    (a) In General.--Section 1935(a) of the Public Health Service Act 
(42 U.S.C. 300x-35(a)), as amended by section 1241, is further amended 
by striking ``appropriated'' and all that follows through ``2022..'' and 
inserting the following: ``appropriated $1,908,079,000 for each of 
fiscal years 2023 through 2027.''.
    (b) Technical Corrections.--Section 1935(b)(1)(B) of the Public 
Health Service Act (42 U.S.C. 300x-35(b)(1)(B)) is amended by striking 
``the collection of data in this paragraph is''.
SEC. 1246. REQUIREMENT OF REPORTS AND AUDITS BY STATES.

    Section 1942(a) of the Public Health Service Act (42 U.S.C. 300x-
52(a)) is amended--
            (1) in paragraph (1), by striking ``and'' at the end;
            (2) in paragraph (2), by striking the period at the end and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(3) the amount provided to each recipient in the previous 
        fiscal year.''.

[[Page 136 STAT. 5680]]

SEC. 1247. STUDY ON ASSESSMENT FOR USE OF STATE RESOURCES.

    (a) <<NOTE: Strategies.>>  In General.--The Secretary of Health and 
Human Services, acting through the Assistant Secretary for Mental Health 
and Substance Use (in this section referred to as the ``Secretary''), 
shall, in consultation with States and other local entities providing 
prevention, treatment, or recovery support services related to substance 
use, conduct a study on strategies to assess community needs with 
respect to such services in order to facilitate State use of block grant 
funding received under subpart II of part B of title XIX of the Public 
Health Service Act (42 U.S.C. 300x-21 et seq.) to provide services to 
substance use disorder prevention, treatment, and recovery support. 
The <<NOTE: Estimates.>>  study shall, where feasible and appropriate, 
include estimates of resources for community needs strategies respective 
to prevention, treatment, or recovery support services.

    (b) Report.--Not later than 2 years after the date of enactment of 
this Act, the Secretary shall submit to the Committee on Health, 
Education, Labor, and Pensions of the Senate and the Committee on Energy 
and Commerce of the House of Representatives a report on the results of 
the study conducted under subsection (a).

           CHAPTER 5--TIMELY TREATMENT FOR OPIOID USE DISORDER

SEC. 1251. STUDY ON EXEMPTIONS FOR TREATMENT OF OPIOID USE 
                          DISORDER THROUGH OPIOID TREATMENT 
                          PROGRAMS DURING THE COVID-19 PUBLIC 
                          HEALTH EMERGENCY.

    (a) Study.--The Assistant Secretary for Mental Health and Substance 
Use shall conduct a study, in consultation with patients and other 
stakeholders, on activities carried out pursuant to exemptions granted--
            (1) <<NOTE: District of Columbia. Territories.>>  to a State 
        (including the District of Columbia or any territory of the 
        United States) or an opioid treatment program;
            (2) pursuant to section 8.11(h) of title 42, Code of Federal 
        Regulations; and
            (3 <<NOTE: Time period.>> ) during the period--
                    (A) beginning on the declaration of the public 
                health emergency for the COVID-19 pandemic under section 
                319 of the Public Health Service Act (42 U.S.C. 247d); 
                and
                    (B) ending on the earlier of--
                          (i) the termination of such public health 
                      emergency, including extensions thereof pursuant 
                      to such section 319; and
                          (ii) the end of calendar year 2022.

    (b) Privacy.--The section does not authorize the disclosure by the 
Department of Health and Human Services of individually identifiable 
information about patients.
    (c) Feedback.--In conducting the study under subsection (a), the 
Assistant Secretary for Mental Health and Substance Use shall gather 
feedback from the States and opioid treatment programs on their 
experiences in implementing exemptions described in subsection (a).
    (d) <<NOTE: Publication.>>  Report.--Not later than 180 days after 
the end of the period described in subsection (a)(3)(B), and subject to 
subsection (c), the Assistant Secretary for Mental Health and Substance 
Use shall publish a report on the results of the study under this 
section.

[[Page 136 STAT. 5681]]

SEC. 1252. CHANGES TO FEDERAL OPIOID TREATMENT STANDARDS.

    (a) Mobile Medication Units.--Section 302(e) of the Controlled 
Substances Act (21 U.S.C. 822(e)) is amended by adding at the end the 
following:
    ``(3) Notwithstanding paragraph (1), a registrant that is dispensing 
pursuant to section 303(g) narcotic drugs to individuals for maintenance 
treatment or detoxification treatment shall not be required to have a 
separate registration to incorporate one or more mobile medication units 
into the registrant's practice to dispense such narcotics at locations 
other than the registrant's principal place of business or professional 
practice described in paragraph (1), so long as the registrant meets 
such standards for operation of a mobile medication unit as the Attorney 
General may establish.''.
    (b) Revise Opioid Treatment Program Admission Criteria to Eliminate 
Requirement That Patients Have an Opioid Use Disorder for at Least 1 
Year.-- <<NOTE: Deadline. 21 USC 823 note.>> Not later than 18 months 
after the date of enactment of this Act, the Secretary of Health and 
Human Services shall revise section 8.12(e)(1) of title 42, Code of 
Federal Regulations (or successor regulations), to eliminate the 
requirement that an opioid treatment program only admit an individual 
for treatment under the program if the individual has been addicted to 
opioids for at least 1 year before being so admitted for treatment.

    CHAPTER 6--ADDITIONAL PROVISIONS RELATING TO ADDICTION TREATMENT

SEC. 1261. <<NOTE: 42 USC 238f note.>>  PROHIBITION.

    Notwithstanding any provision of this title and the amendments made 
by this title, no funds made available to carry out this title or any 
amendment made by this title shall be used to purchase, procure, or 
distribute pipes or cylindrical objects intended to be used to smoke or 
inhale illegal scheduled substances.
SEC. 1262. ELIMINATING ADDITIONAL REQUIREMENTS FOR DISPENSING 
                          NARCOTIC DRUGS IN SCHEDULE III, IV, AND 
                          V FOR MAINTENANCE OR DETOXIFICATION 
                          TREATMENT.

    (a) In General.--Section 303(g) of the Controlled Substances Act (21 
U.S.C. 823(g)) is amended--
            (1) by striking paragraph (2);
            (2) by striking ``(g)(1) Except as provided in paragraph 
        (2), practitioners who dispense narcotic drugs to individuals 
        for maintenance treatment or detoxification treatment'' and 
        inserting ``(g) Practitioners who dispense narcotic drugs (other 
        than narcotic drugs in schedule III, IV, or V) to individuals 
        for maintenance treatment or detoxification treatment'';
            (3) by redesignating subparagraphs (A), (B), and (C) as 
        paragraphs (1), (2), and (3), respectively; and
            (4) in paragraph (2), as so redesignated--
                    (A) by striking ``(i) security of stocks'' and 
                inserting ``(A) security of stocks''; and
                    (B) by striking ``(ii) the maintenance of records'' 
                and inserting ``(B) the maintenance of records''.

    (b) Conforming Changes.--

[[Page 136 STAT. 5682]]

            (1) Subsections (a) and (d)(1) of section 304 of the 
        Controlled Substances Act (21 U.S.C. 824) are each amended by 
        striking ``303(g)(1)'' each place it appears and inserting 
        ``303(g)''.
            (2) Section 309A(a)(2) of the Controlled Substances Act (21 
        U.S.C. 829a) is amended--
                    (A) in the matter preceding subparagraph (A), by 
                striking ``the controlled substance is to be 
                administered for the purpose of maintenance or 
                detoxification treatment under section 303(g)(2)'' and 
                inserting ``the controlled substance is a narcotic drug 
                in schedule III, IV, or V to be administered for the 
                purpose of maintenance or detoxification treatment''; 
                and
                    (B) by striking ``and--'' and all that follows 
                through ``is to be administered by injection or 
                implantation;'' and inserting ``and is to be 
                administered by injection or implantation;''.
            (3) Section 520E-4(c) of the Public Health Service Act (42 
        U.S.C. 290bb-36d(c)) is amended by striking ``information on any 
        qualified practitioner that is certified to prescribe medication 
        for opioid dependency under section 303(g)(2)(B) of the 
        Controlled Substances Act'' and inserting ``information on any 
        practitioner who prescribes narcotic drugs in schedule III, IV, 
        or V of section 202 of the Controlled Substances Act for the 
        purpose of maintenance or detoxification treatment''.
            (4) Section 544(a)(3) of the Public Health Service Act (42 
        U.S.C. 290dd-3), as added by section 1219(a)(2), is amended by 
        striking ``any practitioner dispensing narcotic drugs pursuant 
        to section 303(g) of the Controlled Substances Act'' and 
        inserting ``any practitioner dispensing narcotic drugs for the 
        purpose of maintenance or detoxification treatment''.
            (5) <<NOTE: Effective date.>>  Section 1833(bb)(3)(B) of the 
        Social Security Act (42 U.S.C. 1395l(bb)(3)(B)) is amended by 
        striking ``first receives a waiver under section 303(g) of the 
        Controlled Substances Act on or after January 1, 2019'' and 
        inserting ``first begins prescribing narcotic drugs in schedule 
        III, IV, or V of section 202 of the Controlled Substances Act 
        for the purpose of maintenance or detoxification treatment on or 
        after January 1, 2021''.
            (6) Section 1834(o)(3)(C)(ii) of the Social Security Act (42 
        U.S.C. 1395m(o)(3)(C)(ii)) is amended by striking ``first 
        receives a waiver under section 303(g) of the Controlled 
        Substances Act on or after January 1, 2019'' and inserting 
        ``first begins prescribing narcotic drugs in schedule III, IV, 
        or V of section 202 of the Controlled Substances Act for the 
        purpose of maintenance or detoxification treatment on or after 
        January 1, 2021''.
            (7) Section 1866F(c)(3) of the Social Security Act (42 
        U.S.C. 1395cc-6(c)(3)) is amended--
                    (A) in subparagraph (A), by adding ``and'' at the 
                end;
                    (B) in subparagraph (B), by striking ``; and'' and 
                inserting a period; and
                    (C) by striking subparagraph (C).
            (8) Section 1903(aa)(2)(C) of the Social Security Act (42 
        U.S.C. 1396b(aa)(2)(C)) is amended--
                    (A) in clause (i), by adding ``and'' at the end;
                    (B) by striking clause (ii); and
                    (C) by redesignating clause (iii) as clause (ii).

[[Page 136 STAT. 5683]]

SEC. 1263. REQUIRING PRESCRIBERS OF CONTROLLED SUBSTANCES TO 
                          COMPLETE TRAINING.

    (a) In General.--Section 303 of the Controlled Substances Act (21 
U.S.C. 823) is amended by adding at the end the following:
    ``(l) Required Training for Prescribers.--
            ``(1) Training required.--As a condition on registration 
        under this section to dispense controlled substances in schedule 
        II, III, IV, or V, the Attorney General shall require any 
        qualified practitioner, beginning with the first applicable 
        registration for the practitioner, to meet the following:
                    ``(A) If the practitioner is a physician (as defined 
                under section 1861(r) of the Social Security Act) and 
                the practitioner meets one or more of the following 
                conditions:
                          ``(i) The physician holds a board 
                      certification in addiction psychiatry or addiction 
                      medicine from the American Board of Medical 
                      Specialties.
                          ``(ii) The physician holds a board 
                      certification from the American Board of Addiction 
                      Medicine.
                          ``(iii) The physician holds a board 
                      certification in addiction medicine from the 
                      American Osteopathic Association.
                          ``(iv) The physician has, with respect to the 
                      treatment and management of patients with opioid 
                      or other substance use disorders, or the safe 
                      pharmacological management of dental pain and 
                      screening, brief intervention, and referral for 
                      appropriate treatment of patients with or at risk 
                      of developing opioid or other substance use 
                      disorders, completed not less than 8 hours of 
                      training (through classroom situations, seminars 
                      at professional society meetings, electronic 
                      communications, or otherwise) that is provided 
                      by--
                                    ``(I) the American Society of 
                                Addiction Medicine, the American Academy 
                                of Addiction Psychiatry, the American 
                                Medical Association, the American 
                                Osteopathic Association, the American 
                                Dental Association, the American 
                                Association of Oral and Maxillofacial 
                                Surgeons, the American Psychiatric 
                                Association, or any other organization 
                                accredited by the Accreditation Council 
                                for Continuing Medical Education (ACCME) 
                                or the Commission for Continuing 
                                Education Provider Recognition (CCEPR);
                                    ``(II) any organization accredited 
                                by a State medical society accreditor 
                                that is recognized by the ACCME or the 
                                CCEPR;
                                    ``(III) any organization accredited 
                                by the American Osteopathic Association 
                                to provide continuing medical education; 
                                or
                                    ``(IV) any organization approved by 
                                the Assistant Secretary for Mental 
                                Health and Substance Use, the ACCME, or 
                                the CCEPR.
                          ``(v) <<NOTE: Time periods.>>  The physician 
                      graduated in good standing from an accredited 
                      school of allopathic medicine, osteopathic 
                      medicine, dental surgery, or dental medicine in 
                      the United States during the 5-year period 
                      immediately preceding the date on which the 
                      physician first registers or renews under this 
                      section and has successfully

[[Page 136 STAT. 5684]]

                      completed a comprehensive allopathic or 
                      osteopathic medicine curriculum or accredited 
                      medical residency or dental surgery or dental 
                      medicine curriculum that included not less than 8 
                      hours of training on--
                                    ``(I) treating and managing patients 
                                with opioid or other substance use 
                                disorders, including the appropriate 
                                clinical use of all drugs approved by 
                                the Food and Drug Administration for the 
                                treatment of a substance use disorder; 
                                or
                                    ``(II) the safe pharmacological 
                                management of dental pain and screening, 
                                brief intervention, and referral for 
                                appropriate treatment of patients with 
                                or at risk of developing opioid and 
                                other substance use disorders.
                    ``(B) If the practitioner is not a physician (as 
                defined under section 1861(r) of the Social Security 
                Act), the practitioner is legally authorized by the 
                State to dispense controlled substances under schedule 
                II, III, IV, or V and is dispensing such substances 
                within such State in accordance with all applicable 
                State laws, and the practitioner meets one or more of 
                the following conditions:
                          ``(i) The practitioner has completed not fewer 
                      than 8 hours of training with respect to the 
                      treatment and management of patients with opioid 
                      or other substance use disorders (through 
                      classroom situations, seminars at professional 
                      society meetings, electronic communications, or 
                      otherwise) provided by the American Society of 
                      Addiction Medicine, the American Academy of 
                      Addiction Psychiatry, the American Medical 
                      Association, the American Osteopathic Association, 
                      the American Nurses Credentialing Center, the 
                      American Psychiatric Association, the American 
                      Association of Nurse Practitioners, the American 
                      Academy of Physician Associates, or any other 
                      organization approved or accredited by the 
                      Assistant Secretary for Mental Health and 
                      Substance Use or the Accreditation Council for 
                      Continuing Medical Education.
                          ``(ii) <<NOTE: Time periods.>>  The 
                      practitioner has graduated in good standing from 
                      an accredited physician assistant school or 
                      accredited school of advanced practice nursing in 
                      the United States during the 5-year period 
                      immediately preceding the date on which the 
                      practitioner first registers or renews under this 
                      section and has successfully completed a 
                      comprehensive physician assistant or advanced 
                      practice nursing curriculum that included not 
                      fewer than 8 hours of training on treating and 
                      managing patients with opioid and other substance 
                      use disorders, including the appropriate clinical 
                      use of all drugs approved by the Food and Drug 
                      Administration for the treatment of a substance 
                      use disorder.
            ``(2) One-time training.--
                    ``(A) In general.--The Attorney General shall not 
                require any qualified practitioner to complete the 
                training described in clause (iv) or (v) of paragraph 
                (1)(A) or clause (i) or (ii) of paragraph (1)(B) more 
                than once.
                    ``(B) <<NOTE: Deadline.>>  Notification.--Not later 
                than 90 days after the date of the enactment of the 
                Restoring Hope for Mental

[[Page 136 STAT. 5685]]

                Health and Well-Being Act of 2022, the Attorney General 
                shall provide to qualified practitioners a single 
                written, electronic notification of the training 
                described in clauses (iv) and (v) of paragraph (1)(A) or 
                clauses (i) and (ii) of paragraph (1)(B).
            ``(3) Rule of construction.--Nothing in this subsection 
        shall be construed--
                    ``(A) to preclude the use, by a qualified 
                practitioner, of training received pursuant to this 
                subsection to satisfy registration requirements of a 
                State or for some other lawful purpose; or
                    ``(B) to preempt any additional requirements by a 
                State related to the dispensing of controlled substances 
                under schedule II, III, IV, or V.
            ``(4) Definitions.--In this section:
                    ``(A) First applicable registration.--The term 
                `first applicable registration' means the first 
                registration or renewal of registration by a qualified 
                practitioner under this section that occurs on or after 
                the date that is 180 days after the date of enactment of 
                the Restoring Hope for Mental Health and Well-Being Act 
                of 2022.
                    ``(B) Qualified practitioner.--In this subsection, 
                the term `qualified practitioner' means a practitioner 
                who--
                          ``(i) is licensed under State law to prescribe 
                      controlled substances; and
                          ``(ii) is not solely a veterinarian.''.

    (b) <<NOTE: Assessment.>>  Report.--Not later than 5 years after the 
date of enactment of this Act, the Secretary, in consultation with the 
Attorney General, shall submit to the Committee on Health, Education, 
Labor, and Pensions of the Senate and the Committee on Energy and 
Commerce of the House of Representatives a report assessing the impact 
of the elimination of the waiver program established under section 
303(g)(2) of the Controlled Substances Act (21 U.S.C. 823(g)(2)), as 
amended by the Drug Addiction Treatment Act of 2000.
SEC. 1264. INCREASE IN NUMBER OF DAYS BEFORE WHICH CERTAIN 
                          CONTROLLED SUBSTANCES MUST BE 
                          ADMINISTERED.

    Section 309A(a)(5) of the Controlled Substances Act (21 U.S.C. 
829a(a)(5)) is amended by striking ``14 days'' and inserting ``45 
days''.

                    CHAPTER 7--OPIOID CRISIS RESPONSE

SEC. 1271. OPIOID PRESCRIPTION VERIFICATION.

    (a) Materials for Training Pharmacists on Certain Circumstances 
Under Which a Pharmacist May Decline to Fill a Prescription.--
            (1) <<NOTE: Deadline.>>  Updates to materials.--Section 
        3212(a) of the SUPPORT for Patients and Communities Act (21 
        U.S.C. 829 note) is amended by striking ``Not later than 1 year 
        after the date of enactment of this Act, the Secretary of Health 
        and Human Services, in consultation with the Administrator of 
        the Drug Enforcement Administration, Commissioner of Food and 
        Drugs, Director of the Centers for Disease Control and 
        Prevention, and Assistant Secretary for Mental Health and 
        Substance Use, shall develop and disseminate'' and inserting 
        ``The Secretary of Health and Human Services, in consultation 
        with the

[[Page 136 STAT. 5686]]

        Administrator of the Drug Enforcement Administration, 
        Commissioner of Food and Drugs, Director of the Centers for 
        Disease Control and Prevention, and Assistant Secretary for 
        Mental Health and Substance Use, shall develop and disseminate 
        not later than 1 year after the date of enactment of the 
        Restoring Hope for Mental Health and Well-Being Act of 2022, and 
        update periodically thereafter''.
            (2) Materials included.--Section 3212(b) of the SUPPORT for 
        Patients and Communities Act (21 U.S.C. 829 note) is amended--
                    (A) by redesignating paragraphs (1) and (2) as 
                paragraphs (2) and (3), respectively; and
                    (B) by inserting before paragraph (2), as so 
                redesignated, the following new paragraph:
            ``(1) pharmacists on how to verify the identity of the 
        patient;''.
            (3) Materials for training on patient verification .--
        Section 3212 of the SUPPORT for Patients and Communities Act (21 
        U.S.C. 829 note) is amended by adding at the end the following 
        new subsection:

    ``(d) Materials for Training on Verification of Identity.--
Not <<NOTE: Deadline.>>  later than 1 year after the date of enactment 
of this subsection, the Secretary of Health and Human Services, after 
seeking stakeholder input in accordance with subsection (c), shall--
            ``(1) <<NOTE: Update.>>  update the materials developed 
        under subsection (a) to include information for pharmacists on 
        how to verify the identity of the patient; and
            ``(2) disseminate, as appropriate, the updated materials.''.

    (b) Incentivizing States To Build or Maintain Prescription Drug 
Monitoring Programs.--
            (1) In general.--Section 392A of the Public Health Service 
        Act (42 U.S.C. 280b-1) is amended--
                    (A) by redesignating subsections (c) and (d) as 
                subsections (d) and (e), respectively; and
                    (B) by inserting after subsection (b) the following 
                new subsection:

    ``(c) Priority.--In awarding grants to States under subsections (a) 
and (b), the Director of the Centers for Disease Control and Prevention 
may give priority to jurisdictions with a disproportionately high rate 
of drug overdoses or drug overdose deaths, as applicable.''.
            (2) Conforming change.--Section 392A of the Public Health 
        Service Act (42 U.S.C. 280b-1) is amended by striking ``Indian 
        tribes'' each place it appears and inserting ``Indian Tribes''.
SEC. 1272. <<NOTE: 42 USC 290bb-25g note.>>  SYNTHETIC OPIOID AND 
                          EMERGING DRUG MISUSE DANGER AWARENESS.

    (a) <<NOTE: Deadline.>>  In General.--Not later than one year after 
the date of enactment of this Act, the Secretary shall provide for the 
planning and implementation of a public education campaign to raise 
public awareness of synthetic opioids (including fentanyl and its 
analogues) and emerging drug use and misuse issues, as appropriate. Such 
campaign related to synthetic opioids shall include the dissemination of 
information that--
            (1) promotes awareness about the potency and dangers of 
        fentanyl and its analogues and other synthetic opioids;

[[Page 136 STAT. 5687]]

            (2) explains services provided by the Substance Abuse and 
        Mental Health Services Administration and the Centers for 
        Disease Control and Prevention (and any entity providing such 
        services under a contract entered into with such agencies) with 
        respect to the use and misuse of opioids (including synthetic 
        opioids) and other emerging drug threats, such as stimulants, as 
        appropriate; and
            (3) relates generally to opioid use and pain management, 
        including information on alternative, nonopioid pain management 
        treatments.

The <<NOTE: Update.>>  Secretary shall update such campaign to address 
emerging drug misuse issues, as appropriate.

    (b) Use of Media.--The campaign under subsection (a) may be 
implemented through the use of television, radio, internet, in-person 
public communications, and other commercial marketing venues and may be 
targeted to specific demographic groups.
    (c) Consideration of Report Findings.--In planning and implementing 
the public education campaign under subsection (a) related to synthetic 
opioids, the Secretary shall take into consideration the findings of the 
report required under section 7001 of the SUPPORT for Patients and 
Communities Act (Public Law 115-271).
    (d) Consultation.--In coordinating the campaign under subsection 
(a), the Secretary shall consult with the Assistant Secretary for Mental 
Health and Substance Use to provide ongoing advice on the effectiveness 
of information disseminated through the campaign.
    (e) Requirement of Campaign.--The campaign implemented under 
subsection (a) shall not be duplicative of any other Federal efforts 
relating to eliminating substance use and misuse.
    (f) Evaluation.--
            (1) <<NOTE: Effective date. Time period.>>  In general.--The 
        Secretary shall ensure that the campaign implemented under 
        subsection (a) is subject to an independent evaluation, 
        beginning 2 years after the date of enactment of this Act, and 2 
        years thereafter.
            (2) Measures and benchmarks.--For purposes of an evaluation 
        conducted pursuant to paragraph (1), the Secretary shall--
                    (A) establish baseline measures and benchmarks to 
                quantitatively evaluate the impact of the campaign under 
                this section; and
                    (B) <<NOTE: Assessments.>>  conduct qualitative 
                assessments regarding the effectiveness of strategies 
                employed under this section.

    (g) <<NOTE: Effective date.>>  Report.--The Secretary shall, 
beginning 2 years after the date of enactment of this Act, and 2 years 
thereafter, submit to Congress a report on the effectiveness of the 
campaign implemented under subsection (a) towards meeting the measures 
and benchmarks established under subsection (f)(2).

    (h) Dissemination of Information Through Providers.--
The <<NOTE: Plan.>>  Secretary shall develop and implement a plan for 
the dissemination of information related to synthetic opioids, to health 
care providers who participate in Federal programs, including programs 
administered by the Department of Health and Human Services, the Indian 
Health Service, the Department of Veterans Affairs, the Department of 
Defense, and the Health Resources and Services Administration, the 
Medicare program under title XVIII of the

[[Page 136 STAT. 5688]]

Social Security Act (42 U.S.C. 1395 et seq.), and the Medicaid program 
under title XIX of such Act (42 U.S.C. 1396 et seq.).

    (i) <<NOTE: Deadlines.>>  Training Guide and Outreach on Synthetic 
Opioid Exposure Prevention.--
            (1) <<NOTE: Publication. Public information. Web posting.>>  
        Training guide.--Not later than 18 months after the date of 
        enactment of this Act, the Secretary shall design, publish, and 
        make publicly available on the internet website of the 
        Department of Health and Human Services, a training guide and 
        webinar for first responders and other individuals who also may 
        be at high risk of exposure to synthetic opioids that details 
        measures to prevent that exposure.
            (2) Outreach.--Not later than 18 months after the date of 
        enactment of this Act, the Secretary shall also conduct outreach 
        about the availability of the training guide and webinar 
        published under paragraph (1) to--
                    (A) fire department staff;
                    (B) law enforcement officers;
                    (C) ambulance transport and other first responders;
                    (D) hospital emergency department personnel; and
                    (E) other high-risk occupations, as identified by 
                the Secretary.
SEC. 1273. GRANT PROGRAM FOR STATE AND TRIBAL RESPONSE TO OPIOID 
                          USE DISORDERS.

    Section 1003 of the 21st Century Cures Act (42 U.S.C. 290ee-3 note) 
is amended to read as follows:
``SEC. 1003. <<NOTE: 42 USC 290ee-3a.>>  GRANT PROGRAM FOR STATE 
                          AND TRIBAL RESPONSE TO OPIOID USE 
                          DISORDERS.

    ``(a) In General.--The Secretary of Health and Human Services 
(referred to in this section as the `Secretary') shall carry out the 
grant program described in subsection (b) for purposes of addressing 
opioid misuse and use disorders and, as applicable and appropriate, 
stimulant misuse and use disorders, within States, Indian Tribes, and 
populations served by Tribal organizations and Urban Indian 
organizations.
    ``(b) Grants Program.--
            ``(1) In general.--Subject to the availability of 
        appropriations, the Secretary shall award grants to the single 
        State agency responsible for administering the substance use 
        prevention, treatment, and recovery services block grant under 
        subpart II of part B of title XIX of the Public Health Service 
        Act (42 U.S.C. 300x-21 et seq.), Indian Tribes, and Tribal 
        organizations for the purpose of addressing opioid misuse and 
        use disorders, and as applicable and appropriate, stimulant 
        misuse and use disorders, within such States, such Indian 
        Tribes, and populations served by such Tribal organizations, in 
        accordance with paragraph (2). Indian Tribes or Tribal 
        organizations may also apply for an award as part of a consortia 
        or may include in an application a partnership with an Urban 
        Indian organization.
            ``(2) Minimum allocations.--Notwithstanding subsection 
        (i)(3), in determining grant amounts for each recipient of a 
        grant under paragraph (1), the Secretary shall ensure that each 
        State and the District of Columbia receive not less than 
        $4,000,000 and ensure that each Territory receives not less than 
        $250,000.
            ``(3) Formula methodology.--

[[Page 136 STAT. 5689]]

                    ``(A) <<NOTE: Time period.>>  In general.--At least 
                30 days before publishing a funding opportunity 
                announcement with respect to grants under this section, 
                the Secretary shall--
                          ``(i) develop a formula methodology to be 
                      followed in allocating grant funds awarded under 
                      this section among grantees, which, where 
                      applicable and appropriate based on populations 
                      being served by the relevant entity--
                                    ``(I) with respect to allocations 
                                for States, gives preference to States 
                                whose populations have a prevalence of 
                                opioid misuse and use disorders or drug 
                                overdose deaths that is substantially 
                                higher relative to the populations of 
                                other States;
                                    ``(II) with respect to allocations 
                                for Tribes and Tribal organizations, 
                                gives preferences to Tribes and Tribal 
                                organizations (including those applying 
                                in partnership with an Urban Indian 
                                organization) serving populations with 
                                demonstrated need with respect to opioid 
                                misuse and use disorders or drug 
                                overdose deaths;
                                    ``(III) <<NOTE: Assessments.>>  
                                includes performance assessments for 
                                continuation awards; and
                                    ``(IV) ensures that the formula 
                                avoids a funding cliff between States 
                                with similar overdose mortality rates to 
                                prevent funding reductions when compared 
                                to prior year allocations, as determined 
                                by the Secretary; and
                          ``(ii) <<NOTE: Deadline.>>  not later than 30 
                      days after developing the formula methodology 
                      under clause (i), submit the formula methodology 
                      to--
                                    ``(I) the Committee on Health, 
                                Education, Labor, and Pensions and the 
                                Committee on Appropriations of the 
                                Senate; and
                                    ``(II) the Committee on Energy and 
                                Commerce and the Committee on 
                                Appropriations of the House of 
                                Representatives.
                    ``(B) <<NOTE: Assessments.>>  Report.--Not later 
                than two years after the date of the enactment of the 
                Restoring Hope for Mental Health and Well-Being Act of 
                2022, the Comptroller General of the United States shall 
                submit to the Committee on Health, Education, Labor, and 
                Pensions of the Senate and the Committee on Energy and 
                Commerce of the House of Representatives a report that--
                          ``(i) assesses how grant funding is allocated 
                      to States under this section and how such 
                      allocations have changed over time;
                          ``(ii) assesses how any changes in funding 
                      under this section have affected the efforts of 
                      States to address opioid misuse and use disorders 
                      and, as applicable and appropriate, stimulant 
                      misuse and use disorders; and
                          ``(iii) assesses the use of funding provided 
                      through the grant program under this section and 
                      other similar grant programs administered by the 
                      Substance Abuse and Mental Health Services 
                      Administration.

[[Page 136 STAT. 5690]]

            ``(4) Use of funds.--Grants awarded under this subsection 
        shall be used for carrying out activities that supplement 
        activities pertaining to opioid misuse and use disorders and, as 
        applicable and appropriate, stimulant misuse and use disorders 
        (including co-occurring substance misuse and use disorders), 
        undertaken by the entities described in paragraph (1), which may 
        include public health-related activities such as the following:
                    ``(A) Implementing substance use disorder and 
                overdose prevention activities, including primary 
                prevention activities, and evaluating such activities to 
                identify effective strategies to prevent substance use 
                disorders and overdoses, which may include drugs or 
                devices approved, cleared, or otherwise legally marketed 
                under the Federal Food, Drug, and Cosmetic Act.
                    ``(B) Establishing or improving prescription drug 
                monitoring programs.
                    ``(C) Training for health care practitioners, such 
                as best practices for prescribing opioids, pain 
                management, recognizing potential cases of substance use 
                disorders, referral of patients to treatment programs, 
                preventing diversion of controlled substances, and 
                overdose prevention.
                    ``(D) Supporting access to and the provision of 
                substance use disorder-related health care services, 
                including--
                          ``(i) services provided by federally certified 
                      opioid treatment programs;
                          ``(ii) services provided in outpatient and 
                      residential substance use disorder treatment 
                      programs or facilities, including those that 
                      utilize medication-assisted treatment, as 
                      appropriate; or
                          ``(iii) services provided by other appropriate 
                      health care providers to treat substance use 
                      disorders, including crisis services and services 
                      provided in integrated health care settings by 
                      appropriate health care providers that treat 
                      substance use disorders.
                    ``(E) Recovery support services, including--
                          ``(i) community-based services that include 
                      education, outreach, and peer supports such as 
                      peer support specialists and recovery coaches to 
                      help support recovery;
                          ``(ii) mutual aid recovery programs that 
                      support medication-assisted treatment;
                          ``(iii) services to address housing needs; or
                          ``(iv) services related to supporting families 
                      that include an individual with a substance use 
                      disorder.
                    ``(F) Other public health-related activities, as 
                such entity determines appropriate, related to 
                addressing opioid misuse and use disorders and, as 
                applicable and appropriate, stimulant misuse and use 
                disorders, within such entity, including directing 
                resources in accordance with local needs related to 
                substance use disorders.

    ``(c) Accountability and Oversight.--A State receiving a grant under 
subsection (b) shall submit to the Secretary a description of--
            ``(1) the purposes for which the grant funds received by the 
        State under such subsection for the preceding fiscal year

[[Page 136 STAT. 5691]]

        were expended and a description of the activities of the State 
        under the grant;
            ``(2) the ultimate recipients of amounts provided to the 
        State;
            ``(3) the number of individuals served through the grant; 
        and
            ``(4) such other information as determined appropriate by 
        the Secretary.

    ``(d) Limitations.--Any funds made available pursuant to subsection 
(i) shall not be used for any purpose other than the grant program under 
subsection (b).
    ``(e) Indian Tribes and Tribal Organizations.--The Secretary, in 
consultation with Indian Tribes and Tribal organizations, shall identify 
and establish appropriate mechanisms for Indian Tribes and Tribal 
organizations to demonstrate or report the information as required under 
subsections (b), (c), and (d).
    ``(f) <<NOTE: Summary.>>  Report to Congress.--Not later than 
September 30, 2024, and biennially thereafter, the Secretary shall 
submit to the Committee on Health, Education, Labor, and Pensions of the 
Senate and the Committee on Energy and Commerce of the House of 
Representatives, and the Committees on Appropriations of the House of 
Representatives and the Senate, a report that includes a summary of the 
information provided to the Secretary in reports made pursuant to 
subsections (c) and (d), including--
            ``(1) the purposes for which grant funds are awarded under 
        this section;
            ``(2) the activities of the grant recipients; and
            ``(3) each entity that receives a grant under this section, 
        including the funding level provided to such recipient.

    ``(g) Technical Assistance.--The Secretary, including through the 
Tribal Training and Technical Assistance Center of the Substance Abuse 
and Mental Health Services Administration, as applicable, shall provide 
entities described in subsection (b)(1) with technical assistance 
concerning grant application and submission procedures under this 
section, award management activities, and enhancing outreach and direct 
support to rural and underserved communities and providers in addressing 
substance use disorders.
    ``(h) Definitions.--In this section:
            ``(1) Indian tribe.--The term `Indian Tribe' has the meaning 
        given the term `Indian tribe' in section 4 of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 5304).
            ``(2) Tribal organization.--The term `Tribal organization' 
        has the meaning given the term `tribal organization' in section 
        4 of the Indian Self-Determination and Education Assistance Act 
        (25 U.S.C. 5304).
            ``(3) State.--The term `State' has the meaning given such 
        term in section 1954(b) of the Public Health Service Act (42 
        U.S.C. 300x-64(b)).
            ``(4) Urban indian organization.--The term `Urban Indian 
        organization' has the meaning given such term in section 4 of 
        the Indian Health Care Improvement Act.

    ``(i) Authorization of Appropriations.--
            ``(1) <<NOTE: Time period.>>  In general.--For purposes of 
        carrying out the grant program under subsection (b), there is 
        authorized to be appropriated $1,750,000,000 for each of fiscal 
        years 2023 through 2027.

[[Page 136 STAT. 5692]]

            ``(2) Federal administrative expenses.--Of the amounts made 
        available for each fiscal year to award grants under subsection 
        (b), the Secretary shall not use more than 2 percent for Federal 
        administrative expenses, training, technical assistance, and 
        evaluation.
            ``(3) Set aside.--Of the amounts made available for each 
        fiscal year to award grants under subsection (b) for a fiscal 
        year, the Secretary shall--
                    ``(A) award not more than 5 percent to Indian Tribes 
                and Tribal organizations; and
                    ``(B) of the amount remaining after application of 
                subparagraph (A), set aside up to 15 percent for awards 
                to States with the highest age-adjusted rate of drug 
                overdose death based on the ordinal ranking of States 
                according to the Director of the Centers for Disease 
                Control and Prevention.''.

          Subtitle C--Access to Mental Health Care and Coverage

   CHAPTER 1--IMPROVING UPTAKE AND PATIENT ACCESS TO INTEGRATED CARE 
                                SERVICES

SEC. 1301. IMPROVING UPTAKE AND PATIENT ACCESS TO INTEGRATED CARE 
                          SERVICES.

    Section 520K of the Public Health Service Act (42 U.S.C. 290bb-42) 
is amended to read as follows:
``SEC. 520K. IMPROVING UPTAKE AND PATIENT ACCESS TO INTEGRATED 
                          CARE SERVICES.

    ``(a) Definitions.--In this section:
            ``(1) Eligible entity.--The term `eligible entity' means a 
        State, or an appropriate State agency, in collaboration with--
                    ``(A) 1 or more qualified community programs as 
                described in section 1913(b)(1); or
                    ``(B) 1 or more health centers (as defined in 
                section 330(a)), rural health clinics (as defined in 
                section 1861(aa) of the Social Security Act), or 
                Federally qualified health centers (as defined in such 
                section), or primary care practices serving adult or 
                pediatric patients or both.
            ``(2) Integrated care; bidirectional integrated care.--
                    ``(A) The term `integrated care' means collaborative 
                models, including the psychiatric collaborative care 
                model and other evidence-based or evidence-informed 
                models, or practices for coordinating and jointly 
                delivering behavioral and physical health services, 
                which may include practices that share the same space in 
                the same facility.
                    ``(B) The term `bidirectional integrated care' means 
                the integration of behavioral health care and specialty 
                physical health care, and the integration of primary and 
                physical health care within specialty behavioral health 
                settings, including within primary health care settings.
            ``(3) Psychiatric collaborative care model.--The term 
        `psychiatric collaborative care model' means the evidence-based, 
        integrated behavioral health service delivery method that 
        includes--

[[Page 136 STAT. 5693]]

                    ``(A) care directed by the primary care team;
                    ``(B) structured care management;
                    ``(C) regular assessments of clinical status using 
                developmentally appropriate, validated tools; and
                    ``(D) modification of treatment as appropriate.
            ``(4) Special population.--The term `special population' 
        means--
                    ``(A) adults with a serious mental illness or adults 
                who have co-occurring mental illness and physical health 
                conditions or chronic disease;
                    ``(B) children and adolescents with a serious 
                emotional disturbance who have a co-occurring physical 
                health condition or chronic disease;
                    ``(C) individuals with a substance use disorder; or
                    ``(D) individuals with a mental illness who have a 
                co-occurring substance use disorder.

    ``(b) Grants and Cooperative Agreements.--
            ``(1) In general.--The Secretary may award grants and 
        cooperative agreements to eligible entities to support the 
        improvement of integrated care for physical and behavioral 
        health care in accordance with paragraph (2).
            ``(2) Use of funds.--A grant or cooperative agreement 
        awarded under this section shall be used--
                    ``(A) to promote full integration and collaboration 
                in clinical practices between physical and behavioral 
                health care, including for special populations;
                    ``(B) to support the improvement of integrated care 
                models for physical and behavioral health care to 
                improve overall wellness and physical health status, 
                including for special populations;
                    ``(C) to promote the implementation and improvement 
                of bidirectional integrated care services provided at 
                entities described in subsection (a)(1), including 
                evidence-based or evidence-informed screening, 
                assessment, diagnosis, prevention, treatment, and 
                recovery services for mental and substance use 
                disorders, and co-occurring physical health conditions 
                and chronic diseases; and
                    ``(D) in the case of an eligible entity that is 
                collaborating with a primary care practice, to support 
                the implementation of evidence-based or evidence-
                informed integrated care models, including the 
                psychiatric collaborative care model, including--
                          ``(i) by hiring staff;
                          ``(ii) by identifying and formalizing 
                      contractual relationships with other health care 
                      providers or other relevant entities offering care 
                      management and behavioral health consultation to 
                      facilitate the adoption of integrated care, 
                      including, as applicable, providers who will 
                      function as psychiatric consultants and behavioral 
                      health care managers in providing behavioral 
                      health integration services through the 
                      collaborative care model;
                          ``(iii) by purchasing or upgrading software 
                      and other resources, as applicable, needed to 
                      appropriately provide behavioral health 
                      integration, including resources needed to 
                      establish a patient registry and implement 
                      measurement-based care; and

[[Page 136 STAT. 5694]]

                          ``(iv) for such other purposes as the 
                      Secretary determines to be applicable and 
                      appropriate.

    ``(c) Applications.--
            ``(1) In general.--An eligible entity that is seeking a 
        grant or cooperative agreement under this section shall submit 
        an application to the Secretary at such time, in such manner, 
        and accompanied by such information as the Secretary may 
        require, including the contents described in paragraph (2).
            ``(2) Contents for awards.--Any such application of an 
        eligible entity seeking a grant or cooperative agreement under 
        this section shall include, as applicable--
                    ``(A) a description of a plan to achieve fully 
                collaborative agreements to provide bidirectional 
                integrated care to special populations;
                    ``(B) <<NOTE: Summary.>>  a summary of the policies, 
                if any, that are barriers to the provision of integrated 
                care, and the specific steps, if applicable, that will 
                be taken to address such barriers;
                    ``(C) a description of partnerships or other 
                arrangements with local health care providers to provide 
                services to special populations and, as applicable, in 
                areas with demonstrated need, such as Tribal, rural, or 
                other medically underserved communities, such as those 
                with a workforce shortage of mental health and substance 
                use disorder, pediatric mental health, or other related 
                professionals;
                    ``(D) <<NOTE: Contracts. Plan.>>  an agreement and 
                plan to report to the Secretary performance measures 
                necessary to evaluate patient outcomes and facilitate 
                evaluations across participating projects; and
                    ``(E) a description of the plan or progress in 
                implementing the psychiatric collaborative care model, 
                as applicable and appropriate;
                    ``(F) a description of the plan or progress of 
                evidence-based or evidence-informed integrated care 
                models other than the psychiatric collaborative care 
                model implemented by primary care practices, as 
                applicable and appropriate; and
                    ``(G) <<NOTE: Plan.>>  a plan for sustainability 
                beyond the grant or cooperative agreement period under 
                subsection (e).

    ``(d) Grant and Cooperative Agreement Amounts.--
            ``(1) Target amount.--The target amount that an eligible 
        entity may receive for a year through a grant or cooperative 
        agreement under this section shall be no more than $2,000,000.
            ``(2) Adjustment permitted.--The Secretary, taking into 
        consideration the quality of an eligible entity's application 
        and the number of eligible entities that received grants under 
        this section prior to the date of enactment of the Restoring 
        Hope for Mental Health and Well-Being Act of 2022, may adjust 
        the target amount that an eligible entity may receive for a year 
        through a grant or cooperative agreement under this section.
            ``(3) <<NOTE: Allocations.>>  Limitation.--An eligible 
        entity that is receiving funding under subsection (b)--
                    ``(A) may not allocate more than 10 percent of the 
                funds awarded to such eligible entity under this section 
                to administrative functions; and
                    ``(B) shall allocate the remainder of such funding 
                to health facilities that provide integrated care.

[[Page 136 STAT. 5695]]

    ``(e) Duration.--A grant or cooperative agreement under this section 
shall be for a period not to exceed 5 years.
    ``(f) Report on Program Outcomes.--An eligible entity receiving a 
grant or cooperative agreement under this section shall submit an annual 
report to the Secretary. Such annual report shall include--
            ``(1) the progress made to reduce barriers to integrated 
        care as described in the entity's application under subsection 
        (c);
            ``(2) a description of outcomes with respect to each special 
        population listed in subsection (a)(4), including outcomes 
        related to education, employment, and housing, or, as applicable 
        and appropriate, outcomes for such populations receiving 
        behavioral health care through the psychiatric collaborative 
        care model in primary care practices; and
            ``(3) progress in meeting performance metrics and other 
        relevant benchmarks; and
            ``(4) such other information that the Secretary may require.

    ``(g) Technical Assistance for Primary-behavioral Health Care 
Integration.--
            ``(1) Certain recipients.--The Secretary may provide 
        appropriate information, training, and technical assistance to 
        eligible entities that receive a grant or cooperative agreement 
        under subsection (b)(2), in order to help such entities meet the 
        requirements of this section, including assistance with--
                    ``(A) development and selection of integrated care 
                models;
                    ``(B) dissemination of evidence-based interventions 
                in integrated care;
                    ``(C) establishment of organizational practices to 
                support operational and administrative success; and
                    ``(D) as appropriate, appropriate information, 
                training, and technical assistance in implementing the 
                psychiatric collaborative care model when an eligible 
                entity is collaborating with 1 or more primary care 
                practices for the purposes of implementing the 
                psychiatric collaborative care model.
            ``(2) Additional dissemination of technical information.--In 
        addition to providing the assistance described in paragraph (1) 
        to recipients of a grant or cooperative agreement under this 
        section, the Secretary may also provide such assistance to other 
        States and political subdivisions of States, Indian Tribes and 
        Tribal organizations, as those terms are defined in section 4 of 
        the Indian Self-Determination and Education Assistance Act, 
        outpatient mental health and addiction treatment centers, 
        community mental health centers that meet the criteria under 
        section 1913(c), certified community behavioral health clinics 
        described in section 223 of the Protecting Access to Medicare 
        Act of 2014, primary care organizations such as Federally 
        qualified health centers or rural health clinics as defined in 
        section 1861(aa) of the Social Security Act, primary health care 
        practices, the community-based organizations, and other entities 
        engaging in integrated care activities, as the Secretary 
        determines appropriate.

    ``(h) <<NOTE: Summary.>>  Report to Congress.--Not later than 18 
months after the date of enactment of the Restoring Hope for Mental 
Health and Well-Being Act of 2022, and annually thereafter, the 
Secretary

[[Page 136 STAT. 5696]]

shall submit a report to the Committee on Health, Education, Labor, and 
Pensions of the Senate and the Committee on Energy and Commerce of the 
House of Representatives summarizing the information submitted in 
reports to the Secretary under subsection (f), including progress made 
in meeting performance metrics and the uptake of integrated care models, 
any adjustments made to target amounts pursuant to subsection (d)(2), 
and any other relevant information.

    ``(i) Funding.--
            ``(1) <<NOTE: Time periods.>>  Authorization of 
        appropriations.--To carry out this section, there is authorized 
        to be appropriated $60,000,000 for each of fiscal years 2023 
        through 2027.
            ``(2) Increasing uptake of the psychiatric collaborative 
        care model by primary care practices.--Not less than 10 percent 
        of funds appropriated to carry out this section shall be for the 
        purposes of implementing the psychiatric collaborative care 
        model implemented by primary care practices under subsection 
        (b).
            ``(3) Funding contingency.--Paragraph (2) shall not apply to 
        a fiscal year unless the amount made available to carry out this 
        section for such fiscal year exceeds the amount appropriated to 
        carry out this section (as in effect before the date of 
        enactment of the Restoring Hope for Mental Health and Well-Being 
        Act of 2022) for fiscal year 2022.''.

         CHAPTER 2--HELPING ENABLE ACCESS TO LIFESAVING SERVICES

SEC. 1311. REAUTHORIZATION AND PROVISION OF CERTAIN PROGRAMS TO 
                          STRENGTHEN THE HEALTH CARE WORKFORCE.

    (a) Mental and Behavioral Health Education and Training Grants.--
Section 756 of the Public Health Service Act (42 U.S.C. 294e-1) is 
amended--
            (1) in subsection (a)--
                    (A) in paragraph (1), by inserting ``(which may 
                include master's and doctoral level programs)'' after 
                ``occupational therapy''; and
                    (B) in paragraph (4), by inserting before the period 
                the following: ``, including training to increase skills 
                and capacity to meet the needs of children and 
                adolescents who have experienced trauma''; and
            (2) in subsection (f), by striking ``For each of fiscal 
        years 2019 through 2023'' and inserting ``For each of fiscal 
        years 2023 through 2027''.

    (b) Training Demonstration Program.--Section 760 of the Public 
Health Service Act (42 U.S.C. 294k) is amended--
            (1) by striking ``mental and substance use disorders'' each 
        place it appears and inserting ``mental health and substance use 
        disorder'';
            (2) in subsection (a)(2)--
                    (A) by inserting ``(including for individuals 
                completing clinical training requirements for 
                licensure)'' after ``training'';
                    (B) by inserting ``counselors, nurses,'' after 
                ``psychologists,''; and

[[Page 136 STAT. 5697]]

                    (C) by striking the semicolon and inserting ``, 
                including such settings that serve pediatric 
                populations;'';
            (3) in subsection (a)(3)(A)--
                    (A) by striking ``disorder'' (as inserted by 
                paragraph (1)) and inserting ``disorders''; and
                    (B) by inserting ``or pediatric populations'' after 
                ``addiction'';
            (4) in subsection (b)(2)(A), by inserting ``(including such 
        settings that serve pediatric populations)'' after ``settings'';
            (5) in subsection (c)(2)(F)--
                    (A) by inserting ``counselors, nurses,'' after 
                ``psychologists''; and
                    (B) by striking the period and inserting ``, 
                including such entities that serve pediatric 
                populations.'';
            (6) in subsection (d)(1)(A)--
                    (A) by inserting ``health service psychologists, 
                nurses'' after ``fellows,''; and
                    (B) by inserting ``counselors,'' after ``physician 
                assistants'';
            (7) in subsection (d)(1)(B)--
                    (A) by inserting ``, which may include such settings 
                that serve pediatric populations'' after ``settings'';
                    (B) by inserting ``health'' after ``mental'';
            (8) in subsection (d)(2)(C), inserting ``(which may include 
        trauma-informed care, as appropriate)'' after ``care'';
            (9) in subsection (g), by striking ``$10,000,000 for each of 
        fiscal years 2018 through 2022'' and inserting ``, and 
        $31,700,000 for each of fiscal years 2023 through 2027''; and
            (10) in subsection (f)(2)(B), by striking ``disorder'' (as 
        inserted by paragraph (1)) and inserting ``disorders''.
SEC. 1312. REAUTHORIZATION OF MINORITY FELLOWSHIP PROGRAM.

    Section 597(c) of the Public Health Service Act (42 U.S.C. 290ll(c)) 
is amended by striking ``$12,669,000 for each of fiscal years 2018 
through 2022'' and inserting ``$25,000,000 for each of fiscal years 2023 
through 2027''.

 CHAPTER 3--ELIMINATING THE OPT-OUT FOR NONFEDERAL GOVERNMENTAL HEALTH 
                                  PLANS

SEC. 1321. ELIMINATING THE OPT-OUT FOR NONFEDERAL GOVERNMENTAL 
                          HEALTH PLANS.

    Section 2722(a)(2) of the Public Health Service Act (42 U.S.C. 
300gg-21(a)(2)) is amended by adding at the end the following new 
subparagraph:
                    ``(F) Sunset of election option.--
                          ``(i) In general.--Notwithstanding the 
                      preceding provisions of this paragraph--
                                    ``(I) no election described in 
                                subparagraph (A) with respect to section 
                                2726 may be made on or after the date of 
                                the enactment of this subparagraph; and
                                    ``(II) except as provided in clause 
                                (ii), no such election with respect to 
                                section 2726 expiring on or after the 
                                date that is 180 days after the date of 
                                such enactment may be renewed.

[[Page 136 STAT. 5698]]

                          ``(ii) Exception for certain collectively 
                      bargained plans.--Notwithstanding clause (i)(II), 
                      a plan described in subparagraph (B)(ii) that is 
                      subject to multiple agreements described in such 
                      subparagraph of varying lengths and that has an 
                      election described in subparagraph (A) with 
                      respect to section 2726 in effect as of the date 
                      of the enactment of this subparagraph that expires 
                      on or after the date that is 180 days after the 
                      date of such enactment may extend such election 
                      until the date on which the term of the last such 
                      agreement expires.''.

       CHAPTER 4--MENTAL HEALTH AND SUBSTANCE USE DISORDER PARITY 
                             IMPLEMENTATION

SEC. 1331. GRANTS TO SUPPORT MENTAL HEALTH AND SUBSTANCE USE 
                          DISORDER PARITY IMPLEMENTATION.

    (a) In General.--Section 2794(c) of the Public Health Service Act 
(42 U.S.C. 300gg-94(c)) (as added by section 1003 of the Patient 
Protection and Affordable Care Act (Public Law 111-148)) is amended by 
adding at the end the following:
            ``(3) Parity implementation.--
                    ``(A) <<NOTE: Effective date. Compliance.>>  In 
                general.--Beginning during the first fiscal year that 
                begins after the date of enactment of this paragraph, 
                the Secretary shall, out of funds made available 
                pursuant to subparagraph (C), award grants to eligible 
                States to enforce and ensure compliance with the mental 
                health and substance use disorder parity provisions of 
                section 2726.
                    ``(B) Eligible state.--A State shall be eligible for 
                a grant awarded under this paragraph only if such 
                State--
                          ``(i) submits to the Secretary an application 
                      for such grant at such time, in such manner, and 
                      containing such information as specified by the 
                      Secretary; and
                          ``(ii) agrees to request and review from 
                      health insurance issuers offering group or 
                      individual health insurance coverage the 
                      comparative analyses and other information 
                      required of such health insurance issuers under 
                      subsection (a)(8)(A) of section 2726 relating to 
                      the design and application of nonquantitative 
                      treatment limitations imposed on mental health or 
                      substance use disorder benefits.
                    ``(C) <<NOTE: Time periods.>>  Authorization of 
                appropriations.--There are authorized to be appropriated 
                $10,000,000 for each of the first five fiscal years 
                beginning after the date of the enactment of this 
                paragraph, to remain available until expended, for 
                purposes of awarding grants under subparagraph (A).''.

    (b) Technical Amendment.--Section 2794 of the Public Health Service 
Act (42 U.S.C. 300gg-95), as added by section 6603 of the Patient 
Protection and Affordable Care Act (Public Law 111-148) is redesignated 
as section 2795.

[[Page 136 STAT. 5699]]

                     Subtitle D--Children and Youth

       CHAPTER 1--SUPPORTING CHILDREN'S MENTAL HEALTH CARE ACCESS

SEC. 1401. TECHNICAL ASSISTANCE FOR SCHOOL-BASED HEALTH CENTERS.

     Section 399Z-1 of the Public Health Service Act (42 U.S.C. 280h-5) 
is amended--
            (1) by redesignating subsection (l) as subsection (m); and
            (2) by inserting after subsection (k) the following:

    ``(l) <<NOTE: Grants. Contracts.>>  Technical Assistance.--The 
Secretary shall provide technical assistance by grants or contracts 
awarded to private, nonprofit entities with demonstrated expertise 
related to school-based health centers. Such technical assistance, 
taking into account local and regional differences among school based 
health centers, shall support such entities in providing services 
described in subsection (a)(1) pursuant to this section, including 
mental health and substance use disorder services, and may include 
technical assistance relating to program operations and support for the 
implementation of evidence-based or evidence-informed best practices 
related to the provision of high quality health care services to 
children and adolescents.''.
SEC. 1402. INFANT AND EARLY CHILDHOOD MENTAL HEALTH PROMOTION, 
                          INTERVENTION, AND TREATMENT.

    Section 399Z-2 of the Public Health Service Act (42 U.S.C. 280h-6) 
is amended--
            (1) by redesignating subsection (f) as subsection (g);
            (2) by inserting after subsection (e) the following:

    ``(f) <<NOTE: Grants. Contracts.>>  Technical Assistance.--The 
Secretary may, directly or by awarding grants or contracts to public and 
private nonprofit entities, provide training and technical assistance to 
eligible entities to carry out activities described in subsection 
(d).''; and
            (3) in subsection (g) (as redesignated by paragraph (1)), by 
        striking ``$20,000,000 for the period of fiscal years 2018 
        through 2022'' and inserting ``$50,000,000 for the period of 
        fiscal years 2023 through 2027''.
SEC. 1403. CO-OCCURRING CHRONIC CONDITIONS AND MENTAL HEALTH IN 
                          YOUTH STUDY.

    Not later than 12 months after the date of enactment of this Act, 
the Secretary of Health and Human Services shall--
            (1) complete a study on the rates of suicidal behaviors 
        among children and adolescents with chronic illnesses, including 
        substance use disorders, autoimmune disorders, and heritable 
        blood disorders; and
            (2) <<NOTE: Reports. Recommenda- tions. Strategies.>>  
        submit a report to the Congress on the results of such study, 
        including recommendations for early intervention services for 
        such children and adolescents at risk of suicide, the 
        dissemination of best practices to support the emotional and 
        mental health needs of youth, and strategies to lower the rates 
        of suicidal behaviors in children and adolescents described in 
        paragraph (1) to reduce any demographic disparities in such 
        rates.

[[Page 136 STAT. 5700]]

SEC. 1404. BEST PRACTICES FOR BEHAVIORAL AND MENTAL HEALTH 
                          INTERVENTION TEAMS.

    The Public Health Service Act is amended by inserting after section 
520H of such Act, as added by section 1151 of this Act, the following 
new section:
``SEC. 520H-1. <<NOTE: 42 USC 290bb-39a.>>  BEST PRACTICES FOR 
                              BEHAVIORAL AND MENTAL HEALTH 
                              INTERVENTION TEAMS.

    ``(a) <<NOTE: Reports.>>  In General.--The Secretary, acting through 
the Assistant Secretary for Mental Health and Substance Use, and in 
consultation with the Secretary of Education, shall submit to the Health 
Education, Labor, and Pensions Committee of the Senate and the Energy 
and Commerce Committee of the House of Representatives a report that 
identifies best practices related to using behavioral and mental health 
intervention teams, which may be used to assist elementary schools, 
secondary schools, and institutions of higher education interested in 
voluntarily establishing and using such teams to support students 
exhibiting behaviors interfering with learning at school or who are at 
risk of harm to self or others.

    ``(b) <<NOTE: Assessment.>>  Elements.--The report under subsection 
(a) shall assess evidence supporting such best practices and, as 
appropriate, include consideration of the following:
            ``(1) How behavioral and mental health intervention teams 
        might operate effectively from an evidence-based, objective 
        perspective while protecting the constitutional and civil rights 
        and privacy of individuals.
            ``(2) The use of behavioral and mental health intervention 
        teams--
                    ``(A) to identify and support students exhibiting 
                behaviors interfering with learning or posing a risk of 
                harm to self or others; and
                    ``(B) to implement evidence-based interventions to 
                meet the behavioral and mental health needs of such 
                students.
            ``(3) How behavioral and mental health intervention teams 
        can--
                    ``(A) access evidence-based professional development 
                to support students described in paragraph (2)(A); and
                    ``(B) ensure that such teams--
                          ``(i) are composed of trained, diverse 
                      stakeholders with expertise in child and youth 
                      development, behavioral and mental health, and 
                      disability; and
                          ``(ii) use cross validation by a wide-range of 
                      individual perspectives on the team.
            ``(4) How behavioral and mental health intervention teams 
        can help mitigate inappropriate referral to mental health 
        services or law enforcement by implementing evidence-based 
        interventions that meet student needs.

    ``(c) Consultation.--In carrying out subsection (a), the Secretary 
shall consult with--
            ``(1) the Secretary of Education;
            ``(2) the Director of the National Threat Assessment Center 
        of the United States Secret Service;
            ``(3) the Attorney General;
            ``(4) teachers (which shall include special education 
        teachers), principals and other school leaders, school board 
        members, behavioral and mental health professionals (including

[[Page 136 STAT. 5701]]

        school-based mental health professionals), and parents of 
        students;
            ``(5) local law enforcement agencies and campus law 
        enforcement administrators;
            ``(6) privacy, disability, and civil rights experts; and
            ``(7) other education and mental health professionals as the 
        Secretary deems appropriate.

    ``(d) <<NOTE: Web posting.>>  Publication.--The Secretary shall 
publish the report under subsection (a) in an accessible format on the 
internet website of the Department of Health and Human Services.

    ``(e) Definitions.--In this section:
            ``(1) The term `behavioral and mental health intervention 
        team' means a multidisciplinary team of trained individuals 
        who--
                    ``(A) are trained to identify and assess the 
                behavioral health needs of children and youth and who 
                are responsible for identifying, supporting, and 
                connecting students exhibiting behaviors interfering 
                with learning at school, or who are at risk of harm to 
                self or others, with appropriate behavioral health 
                services; and
                    ``(B) develop and facilitate implementation of 
                evidence-based interventions to--
                          ``(i) mitigate the threat of harm to self or 
                      others posed by a student described in 
                      subparagraph (A);
                          ``(ii) meet the mental and behavioral health 
                      needs of such students; and
                          ``(iii) support positive, safe, and supportive 
                      learning environments.
            ``(2) The terms `elementary school', `parent', and 
        `secondary school' have the meanings given to such terms in 
        section 8101 of the Elementary and Secondary Education Act of 
        1965.
            ``(3) The term `institution of higher education' has the 
        meaning given to such term in section 102 of the Higher 
        Education Act of 1965.''.

           CHAPTER 2--CONTINUING SYSTEMS OF CARE FOR CHILDREN

SEC. 1411. COMPREHENSIVE COMMUNITY MENTAL HEALTH SERVICES FOR 
                          CHILDREN WITH SERIOUS EMOTIONAL 
                          DISTURBANCES.

    (a) Definition.--Section 565(d)(2)(B) of the Public Health Service 
Act (42 U.S.C. 290ff-4(d)(2)(B)) is amended by striking ``may be)'' and 
inserting ``may be), kinship caregivers of the child,''.
    (b) Authorization of Appropriations.--Paragraph (1) of section 
565(f) of the Public Health Service Act (42 U.S.C. 290ff-4(f)) is 
amended--
            (1) by moving the margin of such paragraph 2 ems to the 
        right; and
            (2) by striking ``$119,026,000 for each of fiscal years 2018 
        through 2022'' and inserting ``$125,000,000 for each of fiscal 
        years 2023 through 2027''.
SEC. 1412. SUBSTANCE USE DISORDER TREATMENT AND EARLY INTERVENTION 
                          SERVICES FOR CHILDREN AND ADOLESCENTS.

    Section 514 of the Public Health Service Act (42 U.S.C. 290bb-7) is 
amended--

[[Page 136 STAT. 5702]]

            (1) in subsection (a), by striking ``Indian tribes or tribal 
        organizations'' and inserting ``Indian Tribes or Tribal 
        organizations''; and
            (2) in subsection (f), by striking ``2018 through 2022'' and 
        inserting ``2023 through 2027''.

          CHAPTER 3--GARRETT LEE SMITH MEMORIAL REAUTHORIZATION

SEC. 1421. SUICIDE PREVENTION TECHNICAL ASSISTANCE CENTER.

    (a) Technical Amendment.--Section 520C of the Public Health Service 
Act (42 U.S.C. 290bb-34) is amended--
            (1) by striking ``tribes'' and inserting ``Tribes''; and
            (2) by striking ``tribal'' each place it appears and 
        inserting ``Tribal''.

    (b) Collaboration.--Section 520C(a) of the Public Health Service Act 
(42 U.S.C. 290bb-34(a)) is amended--
            (1) by striking ``The Secretary'' and inserting the 
        following:
            ``(1) In general.--The Secretary''; and
            (2) by adding at the end the following:
            ``(2) Collaboration.--In carrying out this subsection, as 
        applicable with respect to assistance to entities serving 
        members of the Armed Forces and veterans, the Secretary shall, 
        as appropriate, collaborate with the Secretary of Defense and 
        the Secretary of Veterans Affairs.''.

    (c) Authorization of Appropriations.--Section 520C(c) of the Public 
Health Service Act (42 U.S.C. 290bb-34(c)) is amended by striking 
``$5,988,000 for each of fiscal years 2018 through 2022'' and inserting 
``$9,000,000 for each of fiscal years 2023 through 2027''.
    (d) Annual Report.--Section 520C(d) of the Public Health Service Act 
(42 U.S.C. 290bb-34(d)) is amended by striking ``Not later than 2 years 
after the date of enactment of this subsection, the Secretary shall 
submit to Congress'' and inserting ``Not later than 2 years after the 
date of the enactment of the Restoring Hope for Mental Health and Well-
Being Act of 2022, the Secretary shall submit to the Committee on 
Health, Education, Labor, and Pensions of the Senate and the Committee 
on Energy and Commerce of the House of Representatives''.
SEC. 1422. YOUTH SUICIDE EARLY INTERVENTION AND PREVENTION 
                          STRATEGIES.

    Section 520E of the Public Health Service Act (42 U.S.C. 290bb-36) 
is amended--
            (1) by striking ``tribe'' and inserting ``Tribe'';
            (2) by striking ``tribal'' each place it appears and 
        inserting ``Tribal'';
            (3) in subsection (a)(1), by inserting ``pediatric health 
        programs,'' after ``foster care systems,'';
            (4) by amending subsection (b)(1)(B) to read as follows:
                    ``(B) a public organization or private nonprofit 
                organization designated by a State or Indian Tribe (as 
                defined in section 4 of the Indian Self-Determination 
                and Education Assistance Act) to develop or direct the 
                State-sponsored statewide or Tribal youth suicide early 
                intervention and prevention strategy; or'';
            (5) in subsection (c)--

[[Page 136 STAT. 5703]]

                    (A) in paragraph (1), by inserting ``pediatric 
                health programs,'' after ``foster care systems,'';
                    (B) in paragraph (7), by inserting ``pediatric 
                health programs,'' after ``foster care systems,'';
                    (C) in paragraph (9), by inserting ``pediatric 
                health programs,'' after ``educational institutions,'';
                    (D) in paragraph (13), by striking ``and'' at the 
                end;
                    (E) in paragraph (14), by striking the period at the 
                end and inserting ``; and''; and
                    (F) by adding at the end the following:
            ``(15) provide to parents, legal guardians, and family 
        members of youth, supplies to securely store means commonly used 
        in suicide, if applicable, within the household.'';
            (6) in subsection (d)--
                    (A) in the heading, by striking ``Direct Services'' 
                and inserting ``Suicide Prevention Activities''; and
                    (B) by striking ``direct services, of which not less 
                than 5 percent shall be used for activities authorized 
                under subsection (a)(3)'' and inserting ``suicide 
                prevention activities'';
            (7) in subsection (e)(3)(A), by inserting ``and the 
        Department of Education, as appropriate'' after ``agencies and 
        suicide working groups'';
            (8) in subsection (g)--
                    (A) in paragraph (1), by striking ``18'' and 
                inserting ``24''; and
                    (B) in paragraph (2), by striking ``2 years after 
                the date of enactment of Helping Families in Mental 
                Health Crisis Reform Act of 2016'' and inserting 
                ``December 31, 2025'';
            (9) in subsection (l)(4), by striking ``between 10 and 24 
        years of age'' and inserting ``up to 24 years of age''; and
            (10) in subsection (m), by striking ``$30,000,000 for each 
        of fiscal years 2018 through 2022'' and inserting ``$40,000,000 
        for each of fiscal years 2023 through 2027''.
SEC. 1423. MENTAL HEALTH AND SUBSTANCE USE DISORDER SERVICES FOR 
                          STUDENTS IN HIGHER EDUCATION.

    Section 520E-2 of the Public Health Service Act (42 U.S.C. 290bb-
36b) is amended--
            (1) in the heading, by striking ``on campus'' and inserting 
        ``for students in higher education'';
            (2) in subsection (b)--
                    (A) in paragraph (1), by striking ``mental and 
                substance use disorders'' and inserting ``mental health 
                and substance use disorders and promote resiliency'';
                    (B) in paragraph (4), by striking ``mental and 
                substance use disorder services.'' and inserting 
                ``mental health and substance use disorder resources and 
                services.'';
                    (C) in paragraph (5), by striking ``mental and 
                substance use'' and inserting ``mental health and 
                substance use'';
                    (D) in paragraph (6), by striking ``staff to respond 
                effectively to students with mental and substance use 
                disorders.'' and inserting ``staff to recognize and 
                respond effectively and appropriately to students 
                experiencing mental health and substance use 
                disorders.'';

[[Page 136 STAT. 5704]]

                    (E) in paragraph (7), by striking ``mental and 
                substance use'' and inserting ``mental health and 
                substance use'';
                    (F) in paragraph (8), by striking ``mental and 
                substance use'' and inserting ``mental health and 
                substance use.'';
                    (G) in paragraph (9), by striking ``regarding 
                improving the behavioral health of students through 
                clinical services, outreach, prevention, or'' and 
                inserting ``to improve the behavioral health of students 
                through clinical services, outreach, prevention, 
                promotion of mental health, or'';
                    (H) in paragraph (10), by striking ``mental and 
                behavioral disorders,'' and inserting ``mental and 
                behavioral health disorders,''; and
                    (I) in paragraph (12), by striking ``best 
                practices.'' and inserting ``best practices, and trauma-
                informed practices.'';
            (3) in subsection (d)--
                    (A) in paragraph (1), by striking ``mental and 
                substance use'' and inserting ``mental health and 
                substance use''; and
                    (B) in paragraph (3), by striking ``promoting access 
                to services,'' and inserting ``promoting mental health 
                and access to services,''
            (4) in subsection (f)--
                    (A) in the matter preceding paragraph (1), by 
                striking ``the Congress'' and inserting ``the Committee 
                on Energy and Commerce of the House of Representatives 
                and the Committee on Health, Education, Labor, and 
                Pensions of the Senate'';
                    (B) in paragraph (2), by striking ``including 
                efforts'' and inserting ``including through prevention, 
                early detection, early intervention, and efforts''; and
                    (C) by adding at the end the following:
            ``(3) <<NOTE: Assessment.>>  An assessment of the mental 
        health and substance use disorder needs of the populations 
        served by recipients of grants under this section.''; and
            (5) in subsection (i), by striking ``2018 through 2022'' and 
        inserting ``2023 through 2027'';
SEC. 1424. MENTAL AND BEHAVIORAL HEALTH OUTREACH AND EDUCATION AT 
                          INSTITUTIONS OF HIGHER EDUCATION.

    Section 549 of the Public Health Service Act (42 U.S.C. 290ee-4) is 
amended--
            (1) in the heading, by striking ``on college campuses'' and 
        inserting ``at institutions of higher education'';
            (2) in subsection (c)(2), by inserting ``, including 
        minority-serving institutions as described in section 371(a) of 
        the Higher Education Act of 1965 (20 U.S.C. 1067q) and community 
        colleges'' after ``higher education''; and
            (3) in subsection (f), by striking ``2018 through 2022'' and 
        inserting ``2023 through 2027''.

                   CHAPTER 4--MEDIA AND MENTAL HEALTH

SEC. 1431. STUDY ON THE EFFECTS OF SMARTPHONE AND SOCIAL MEDIA USE 
                          ON ADOLESCENTS.

    (a) In General.--Not later than 1 year after the date of enactment 
of this Act, the Secretary of Health and Human Services may conduct or 
support research on--
            (1) smartphone and social media use by adolescents; and

[[Page 136 STAT. 5705]]

            (2) the effects of such use on--
                    (A) emotional, behavioral, and physical health and 
                development; and
                    (B) any disparities in the mental health outcomes of 
                rural, minority, and other underserved populations.

    (b) <<NOTE: Public information.>>  Report.--Not later than 5 years 
after the date of enactment of this Act, the Secretary of Health and 
Human Services shall submit to the Congress, and make publicly 
available, a report on the findings of research under this section.
SEC. 1432. <<NOTE: 42 USC 285g-11.>>  RESEARCH ON THE HEALTH AND 
                          DEVELOPMENT EFFECTS OF MEDIA AND RELATED 
                          TECHNOLOGY ON INFANTS, CHILDREN, AND 
                          ADOLESCENTS.

    (a) In General.--The Secretary of Health and Human Services (in this 
section referred to as the ``Secretary'') shall, as appropriate, conduct 
or support research related to the health and developmental effects, 
including long-term effects, of media and related technology use on 
infants, children, and adolescents, which may include the effects of 
exposure to, and use of, media and related technology, such as social 
media, applications, websites, television, motion pictures, artificial 
intelligence, mobile devices, computers, video games, virtual and 
augmented reality, and other content, networks, or platforms 
disseminated through the internet, broadcasted, or other media 
technologies, as applicable.
    (b) <<NOTE: Assessment.>>  Activities.--In carrying out subsection 
(a), the Secretary, acting through the Director of the National 
Institutes of Health, shall, as appropriate, develop a research agenda 
to assess the effects of media and related technologies on infants, 
children, and adolescents, which may include consideration of the 
following, as appropriate:
            (1) The cognitive development of infants, children, and 
        adolescents, which may include effects related to language 
        development, learning abilities, and other areas of cognitive 
        development.
            (2) The physical health of infants, children, and 
        adolescents, which may include effects related to diet, 
        exercise, sleeping and eating routines, and other areas of 
        physical development.
            (3) The mental health of infants, children, and adolescents, 
        which may include effects related to self-awareness, social 
        awareness, relationship skills, decision-making, violence, 
        bullying, privacy, mental disorders, and other areas related to 
        mental health.

    (c) Consultation.--In developing the research agenda under 
subsection (b), the Secretary may consult with appropriate national 
research institutes, academies, and centers, relevant consortia, and 
non-Federal experts, as appropriate. The <<NOTE: Assessment.>>  
Secretary may utilize scientific workshops, symposia, and other 
activities to assess current knowledge and identify relevant research 
opportunities and gaps in this area.

    (d) Report to Congress.--Not later than 2 years after the date of 
enactment of this Act, the Director of the National Institutes of Health 
shall submit to the Committee on Energy and Commerce of the House of 
Representatives and the Committee on Health, Education, Labor, and 
Pensions of the Senate a report--
            (1) on the progress made in improving data and expanding 
        research on the health and developmental effects of media

[[Page 136 STAT. 5706]]

        and related technology on infants, children, and adolescents in 
        accordance with this section; and
            (2) <<NOTE: Summary.>>  that summarizes the grants and 
        research funded under this section for each of the years covered 
        by the report.

                  Subtitle E--Miscellaneous Provisions

SEC. 1501. <<NOTE: 42 USC 290aa-18.>>  LIMITATIONS ON AUTHORITY.

    In carrying out any program of the Substance Abuse and Mental Health 
Services Administration whose statutory authorization is enacted or 
amended by this title, the Secretary of Health and Human Services shall 
not allocate funding, or require award recipients to prioritize, 
dedicate, or allocate funding, without consideration of the incidence, 
prevalence, or determinants of mental health or substance use issues, 
unless such allocation or requirement is consistent with statute, 
regulation, or other Federal law.

TITLE II-- <<NOTE: Prepare for and Respond to Existing Viruses, Emerging 
   New Threats, and Pandemics Act.>> PREPARING FOR AND RESPONDING TO 
EXISTING VIRUSES, EMERGING NEW THREATS, AND PANDEMICS
SEC. 2001. <<NOTE: 42 USC 201 note.>>  SHORT TITLE.

    This title may be cited as the ``Prepare for and Respond to Existing 
Viruses, Emerging New Threats, and Pandemics Act'' or the ``PREVENT 
Pandemics Act''.

        Subtitle A--Strengthening Federal and State Preparedness

            CHAPTER 1--FEDERAL LEADERSHIP AND ACCOUNTABILITY

SEC. 2101. APPOINTMENT AND AUTHORITY OF THE DIRECTOR OF THE 
                          CENTERS FOR DISEASE CONTROL AND 
                          PREVENTION.

    (a) In General.--Part A of title III of the Public Health Service 
Act (42 U.S.C. 241 et seq.) is amended by inserting after section 304 
the following:
``SEC. 305. <<NOTE: 42 USC 242c.>>  APPOINTMENT AND AUTHORITY OF 
                        THE DIRECTOR OF THE CENTERS FOR DISEASE 
                        CONTROL AND PREVENTION.

    ``(a) <<NOTE: President.>>  In General.--The Centers for Disease 
Control and Prevention (referred to in this section as the `CDC') shall 
be headed by the Director of the Centers for Disease Control and 
Prevention (referred to in this section as the `Director'), who shall be 
appointed by the President, by and with the advice and consent of the 
Senate. Such individual shall also serve as the Administrator of the 
Agency for Toxic Substances and Disease Registry consistent with section 
104(i) of the Comprehensive Environmental Response, Compensation, and 
Liability Act. The Director shall perform functions provided for in 
subsection (b) and such other functions as the Secretary may prescribe.

[[Page 136 STAT. 5707]]

    ``(b) Functions.--The Secretary, acting through the Director, 
shall--
            ``(1) implement and exercise applicable authorities and 
        responsibilities provided for in this Act or other applicable 
        law related to the investigation, detection, identification, 
        prevention, or control of diseases or conditions to preserve and 
        improve public health domestically and globally and address 
        injuries and occupational and environmental hazards, as 
        appropriate;
            ``(2) be responsible for the overall direction of the CDC 
        and for the establishment and implementation of policies related 
        to the management and operation of programs and activities 
        within the CDC;
            ``(3) coordinate and oversee the operation of centers, 
        institutes, and offices within the CDC;
            ``(4) support, in consultation with the heads of such 
        centers, institutes, and offices, program coordination across 
        such centers, institutes, and offices, including through 
        priority setting reviews and the development of strategic plans, 
        to reduce unnecessary duplication and encourage collaboration 
        between programs;
            ``(5) oversee the development, implementation, and updating 
        of the strategic plan established pursuant to subsection (c);
            ``(6) ensure that appropriate strategic planning, including 
        the use of performance metrics, is conducted by such centers, 
        institutes, and offices to facilitate and improve CDC programs 
        and activities;
            ``(7) communicate, including through convening annual 
        meetings, with public and private entities regarding relevant 
        public health programs and activities, and, as applicable, the 
        strategic plan established pursuant to subsection (c).

    ``(c) Strategic Plan.--
            ``(1) <<NOTE: Deadline. Web posting.>>  In general.--Not 
        later than 1 year after the date of enactment of the PREVENT 
        Pandemics Act, and at least every 4 years thereafter, the 
        Director shall develop and submit to the Committee on Health, 
        Education, Labor, and Pensions and the Committee on 
        Appropriations of the Senate and the Committee on Energy and 
        Commerce and the Committee on Appropriations of the House of 
        Representatives, and post on the website of the CDC, a 
        coordinated strategy to provide strategic direction and 
        facilitate collaboration across the centers, institutes, and 
        offices within the CDC. Such strategy shall be known as the `CDC 
        Strategic Plan'.
            ``(2) Requirements.--The CDC Strategic Plan shall--
                    ``(A) identify strategic priorities and objectives 
                related to--
                          ``(i) preventing, reducing, and eliminating 
                      the spread of communicable and noncommunicable 
                      diseases or conditions, and addressing injuries, 
                      and occupational and environmental hazards;
                          ``(ii) supporting the efforts of State, local, 
                      and Tribal health departments to prevent and 
                      reduce the prevalence of the diseases or 
                      conditions under clause (i);
                          ``(iii) containing, mitigating, and ending 
                      disease outbreaks;

[[Page 136 STAT. 5708]]

                          ``(iv) enhancing global and domestic public 
                      health capacity, capabilities, and preparedness, 
                      including public health data, surveillance, 
                      workforce, and laboratory capacity and safety; and
                          ``(v) other priorities, as established by the 
                      Director;
                    ``(B) describe the capacity and capabilities 
                necessary to achieve the priorities and objectives under 
                subparagraph (A), and progress towards achieving such 
                capacity and capabilities, as appropriate; and
                    ``(C) include a description of how the CDC Strategic 
                Plan incorporates--
                          ``(i) strategic communications;
                          ``(ii) partnerships with private sector 
                      entities, and State, local, and Tribal health 
                      departments, and other public sector entities, as 
                      appropriate; and
                          ``(iii) coordination with other agencies and 
                      offices of the Department of Health and Human 
                      Services and other Federal departments and 
                      agencies, as appropriate.
            ``(3) Use of plans.--Strategic plans developed and updated 
        by the centers, institutes, and offices of the CDC shall be 
        prepared regularly and in such a manner that such plans will be 
        informed by the CDC Strategic Plan developed and updated under 
        this subsection.

    ``(d) Appearances Before Congress.--
            ``(1) <<NOTE: Time period.>>  In general.--Each fiscal year, 
        the Director shall appear before the Committee on Health, 
        Education, Labor, and Pensions of the Senate and the Committee 
        on Energy and Commerce of the House of Representatives at 
        hearings on topics such as--
                    ``(A) support for State, local, and Tribal public 
                health preparedness and responses to any recent or 
                ongoing public health emergency, including--
                          ``(i) any objectives, activities, or 
                      initiatives that have been carried out, or are 
                      planned, by the Director to prepare for, or 
                      respond to, the public health emergency, including 
                      relevant strategic communications or partnerships 
                      and any gaps or challenges identified in such 
                      objectives, activities, or initiatives;
                          ``(ii) any objectives and planned activities 
                      for the upcoming fiscal year to address gaps in, 
                      or otherwise improve, State, local, and Tribal 
                      public health preparedness; and
                          ``(iii) other potential all-hazard threats 
                      that the Director is preparing to address;
                    ``(B) activities related to public health and 
                functions of the Director described in subsection (b); 
                and
                    ``(C) <<NOTE: Updates.>>  updates on other relevant 
                activities supported or conducted by the CDC, or in 
                collaboration or coordination with the heads of other 
                Federal departments, agencies, or stakeholders, as 
                appropriate.
            ``(2) Clarifications.--
                    ``(A) Waiver authority.--The Chair of the Committee 
                on Health, Education, Labor, and Pensions of the Senate 
                or the Chair of the Committee on Energy and Commerce

[[Page 136 STAT. 5709]]

                of the House of Representatives may waive the 
                requirements of paragraph (1) for the applicable fiscal 
                year with respect to the applicable Committee.
                    ``(B) Scope of requirements.--The requirements of 
                this subsection shall not be construed to impact the 
                appearance of other Federal officials or the Director at 
                hearings of either Committee described in paragraph (1) 
                at other times and for purposes other than the times and 
                purposes described in paragraph (1).
            ``(3) Closed hearings.--Information that is not appropriate 
        for disclosure during an open hearing under paragraph (1) in 
        order to protect national security may instead be discussed in a 
        closed hearing that immediately follows the open hearing.

    ``(e) Other Transactions.--
            ``(1) In general.--In carrying out activities of the Centers 
        for Disease Control and Prevention, the Director may enter into 
        transactions other than a contract, grant, or cooperative 
        agreement for purposes of infectious disease research, 
        biosurveillance, infectious disease modeling, and public health 
        preparedness and response.
            ``(2) Written determination.--With respect to a project that 
        is expected to cost the Centers for Disease Control and 
        Prevention more than $40,000,000, the Director may exercise the 
        authority under paragraph (1) only upon a written determination 
        by the Assistant Secretary for Financial Resources of the 
        Department of Health and Human Services, that the use of such 
        authority is essential to promoting the success of the project. 
        The authority of the Assistant Secretary for Financial Resources 
        under this paragraph may not be delegated.
            ``(3) <<NOTE: Audit requirements.>>  Guidelines.--The 
        Director, in consultation with the Secretary, shall establish 
        guidelines regarding the use of the authority under paragraph 
        (1). Such guidelines shall include auditing requirements.''.

    (b) <<NOTE: 42 USC 242c note.>>  Effective Date.--The first sentence 
of section 305(a) of the Public Health Service Act, as added by 
subsection (a), shall take effect on January 20, 2025.
SEC. 2102. ADVISORY COMMITTEE TO THE DIRECTOR OF THE CENTERS FOR 
                          DISEASE CONTROL AND PREVENTION.

    Title III of the Public Health Service Act (42 U.S.C. 241 et seq.) 
is amended by inserting after section 305, as added by section 2101, the 
following:
``SEC. 305A. <<NOTE: 42 USC 242c-1.>>  ADVISORY COMMITTEE TO THE 
                          DIRECTOR.

    ``(a) <<NOTE: Deadline. Establishment.>>  In General.--Not later 
than 60 days after the date of the enactment of the PREVENT Pandemics 
Act, the Secretary, acting through the Director of the Centers for 
Disease Control and Prevention (referred to in this section as the 
`Director'), shall maintain or establish an advisory committee within 
the Centers for Disease Control and Prevention to advise the Director on 
policy and strategies that enable the agency to fulfill its mission.

    ``(b) Functions and Activities.--The Advisory Committee may--
            ``(1) make recommendations to the Director regarding ways to 
        prioritize the activities of the agency in alignment with the 
        CDC Strategic Plan required under section 305(c);

[[Page 136 STAT. 5710]]

            ``(2) advise on ways to achieve or improve performance 
        metrics in relation to the CDC Strategic Plan, and other 
        relevant metrics, as appropriate;
            ``(3) provide advice and recommendations on the development 
        of the CDC Strategic Plan, and any subsequent updates, as 
        appropriate;
            ``(4) advise on grants, cooperative agreements, contracts, 
        or other transactions, as applicable;
            ``(5) provide other advice to the Director, as requested, to 
        fulfill duties under sections 301 and 311; and
            ``(6) appoint subcommittees.

    ``(c) Membership.--
            ``(1) <<NOTE: Appointments.>>  In general.--The Advisory 
        Committee shall consist of not more than 15 non-Federal members, 
        including the Chair, to be appointed by the Secretary under 
        paragraph (3).
            ``(2) Ex officio members.--Any ex officio members of the 
        Advisory Council may consist of--
                    ``(A) the Secretary;
                    ``(B) the Assistant Secretary for Health;
                    ``(C) the Director; and
                    ``(D) such additional officers or employees of the 
                United States as the Secretary determines necessary for 
                the advisory committee to effectively carry out its 
                functions.
            ``(3) Appointed members.--Individuals shall be appointed to 
        the Advisory Committee under paragraph (1) as follows:
                    ``(A) Twelve of the members shall be appointed by 
                the Director from among the leading representatives of 
                the health disciplines (including public health, global 
                health, health disparities, biomedical research, public 
                health preparedness, and other fields, as applicable) 
                relevant to the activities of the agency or center, as 
                applicable.
                    ``(B) Three of the members may be appointed by the 
                Secretary from the general public and may include 
                leaders in fields of innovation, public policy, public 
                relations, law, economics, or management.
            ``(4) Compensation.--Ex officio members of the Advisory 
        Council who are officers or employees of the United States shall 
        not receive any compensation for service on the advisory 
        committee. The remaining members of the advisory committee may 
        receive, for each day (including travel time) they are engaged 
        in the performance of the functions of the advisory committee, 
        compensation at rates not to exceed the daily equivalent to the 
        annual rate of basic pay for level III of the Executive Schedule 
        under section 5314 of title 5, United States Code.
            ``(5) Terms of office.--
                    ``(A) In general.--The term of office of a member of 
                the advisory committee appointed under paragraph (3) 
                shall be 4 years, except that any member appointed to 
                fill a vacancy for an unexpired term shall serve for the 
                remainder of such term. <<NOTE: Appointments.>>  The 
                Secretary shall make appointments to the advisory 
                committee in such a manner as to ensure that the terms 
                of the members not all expire in the same year. A member 
                of the advisory committee may serve after the expiration 
                of such member's term until a successor has been 
                appointed and taken office.

[[Page 136 STAT. 5711]]

                    ``(B) Reappointments.--A member who has been 
                appointed to the advisory committee for a term of 4 
                years may not be reappointed to the advisory committee 
                during the 2-year period beginning on the date on which 
                such 4-year term expired.
                    ``(C) <<NOTE: Deadline.>>  Time for appointment.--If 
                a vacancy occurs in the advisory committee among the 
                members appointed under paragraph (3), the Secretary 
                shall make an appointment to fill such vacancy within 90 
                days from the date the vacancy occurs.

    ``(d) Chair.--The Secretary shall select a member of the advisory 
committee to serve as the Chair of the committee. The Secretary may so 
select an individual from among the appointed members. The term of 
office of the chair shall be 2 years.
    ``(e) Meetings.--The advisory committee shall meet at the call of 
the Chair or upon request of the Director, but in no event less than 2 
times during each fiscal year.
    ``(f) <<NOTE: Designation.>>  Executive Secretary and Staff.--The 
Director shall designate a member of the staff of the agency to serve as 
the executive secretary of the advisory committee. The Director shall 
make available to the advisory committee such staff, information, and 
other assistance as it may require to carry out its functions. The 
Director shall provide orientation and training for new members of the 
advisory committee to provide for their effective participation in the 
functions of the advisory committee.''.
SEC. 2103. PUBLIC HEALTH AND MEDICAL PREPAREDNESS AND RESPONSE 
                          COORDINATION.

    (a) Public Health Emergency Fund.--Section 319(b) of the Public 
Health Service Act (42 U.S.C. 247d(b)) is amended--
            (1) in paragraph (2)--
                    (A) in subparagraph (E), by striking ``and'' at the 
                end;
                    (B) by redesignating subparagraph (F) as 
                subparagraph (G); and
                    (C) by inserting after subparagraph (E), the 
                following:
                    ``(F) support the initial deployment and 
                distribution of contents of the Strategic National 
                Stockpile, as appropriate; and''; and
            (2) by amending paragraph (3)(A) to read as follows:
                    ``(A) the expenditures made from the Public Health 
                Emergency Fund in such fiscal year, including--
                          ``(i) the amount obligated;
                          ``(ii) the recipient or recipients of such 
                      obligated funds;
                          ``(iii) the specific response activities such 
                      obligated funds will support; and
                          ``(iv) the declared or potential public health 
                      emergency for which such funds were obligated; 
                      and''.

    (b) Improving Public Health and Medical Preparedness and Response 
Coordination.--
            (1) Coordination with federal agencies.--Section 2801 of the 
        Public Health Service Act (42 U.S.C. 300hh) is amended by adding 
        at the end the following:

    ``(c) Coordination With Federal Agencies.--In leading the Federal 
public health and medical response to a declared or potential public 
health emergency, consistent with this section, the Secretary shall 
coordinate with, and may request support from, other

[[Page 136 STAT. 5712]]

Federal departments and agencies, as appropriate in order to carry out 
necessary activities and leverage the expertise of such departments and 
agencies, which may include the provision of assistance at the direction 
of the Secretary related to supporting the public health and medical 
response for States, localities, and Tribes.''.
            (2) ASPR duties.--Section 2811(b) of the Public Health 
        Service Act (42 U.S.C. 300hh-10(b)) is amended--
                    (A) in paragraph (1), by inserting ``and, consistent 
                with the National Response Framework and other 
                applicable provisions of law, assist the Secretary in 
                carrying out the functions under section 2801'' before 
                the period; and
                    (B) in paragraph (4)--
                          (i) in subparagraph (E) by striking ``the 
                      actions necessary to overcome these obstacles.'' 
                      and inserting ``recommend actions necessary to 
                      overcome these obstacles, such as--
                          ``(i) improving coordination with relevant 
                      Federal officials;
                          ``(ii) partnering with other public or private 
                      entities to leverage capabilities maintained by 
                      such entities, as appropriate and consistent with 
                      this subsection; and
                          ``(iii) coordinating efforts to support or 
                      establish new capabilities, as appropriate.'';
                          (ii) in subparagraph (G)--
                                    (I) by redesignating clauses (i) and 
                                (ii) as subclauses (I) and (II) and 
                                adjusting the margins accordingly;
                                    (II) in the matter preceding 
                                subclause (I), as so redesignated--
                                            (aa) by inserting ``each 
                                        year, including national-level 
                                        and State-level full-scale 
                                        exercises not less than once 
                                        every 4 years'' after 
                                        ``operational exercises''; and
                                            (bb) by striking ``exercises 
                                        based on--'' and inserting 
                                        ``exercises--
                          ``(i) based on'';
                                    (III) by striking the period and 
                                inserting a semicolon; and
                                    (IV) by adding at the end the 
                                following:
                          ``(ii) that assess the ability of the 
                      Strategic National Stockpile, as appropriate, to 
                      provide medical countermeasures, medical products, 
                      and other supplies, including ancillary medical 
                      supplies, to support the response to a public 
                      health emergency or potential public health 
                      emergency, including a threat that requires the 
                      large-scale and simultaneous deployment of 
                      stockpiles and a long-term public health and 
                      medical response; and
                          ``(iii) conducted in coordination with State 
                      and local health officials.''; and
                          (iii) by adding at the end the following:
                    ``(J) Medical product and supply capacity 
                planning.--Coordinate efforts within the Department of 
                Health and Human Services to support--
                          ``(i) preparedness for medical product and 
                      medical supply needs directly related to 
                      responding to chemical,

[[Page 136 STAT. 5713]]

                      biological, radiological, or nuclear threats, 
                      including emerging infectious diseases, and 
                      incidents covered by the National Response 
                      Framework, including--
                                    ``(I) sharing information, including 
                                with appropriate stakeholders, related 
                                to the anticipated need for, and 
                                availability of, such products and 
                                supplies during such responses;
                                    ``(II) supporting activities, which 
                                may include public-private partnerships, 
                                to maintain capacity of medical products 
                                and medical supplies, as applicable and 
                                appropriate; and
                                    ``(III) planning for potential 
                                surges in medical supply needs for 
                                purposes of a response to such a threat; 
                                and
                          ``(ii) situational awareness with respect to 
                      anticipated need for, and availability of, such 
                      medical products and medical supplies within the 
                      United States during a response to such a 
                      threat.''.

    (c) Appearances Before and Reports to Congress.--Section 2811 of the 
Public Health Service Act (42 U.S.C. 300hh-10) is amended by adding at 
the end the following:
    ``(g) Appearances Before Congress.--
            ``(1) <<NOTE: Time period.>>  In general.--Each fiscal year, 
        the Assistant Secretary for Preparedness and Response shall 
        appear before the Committee on Health, Education, Labor, and 
        Pensions of the Senate and the Committee on Energy and Commerce 
        of the House of Representatives at hearings, on topics such as--
                    ``(A) coordination of Federal activities to prepare 
                for, and respond to, public health emergencies;
                    ``(B) activities and capabilities of the Strategic 
                National Stockpile, including whether, and the degree to 
                which, recommendations made pursuant to section 2811-
                1(c)(1)(A) have been met;
                    ``(C) support for State, local, and Tribal public 
                health and medical preparedness;
                    ``(D) activities implementing the countermeasures 
                budget plan described under subsection (b)(7), 
                including--
                          ``(i) any challenges in meeting the full range 
                      of identified medical countermeasure needs; and
                          ``(ii) progress in supporting advanced 
                      research, development, and procurement of medical 
                      countermeasures, pursuant to subsection (b)(3);
                    ``(E) the strategic direction of, and activities 
                related to, the sustainment of manufacturing surge 
                capacity and capabilities for medical countermeasures 
                pursuant to section 319L and the distribution and 
                deployment of such countermeasures;
                    ``(F) any additional objectives, activities, or 
                initiatives that have been carried out or are planned by 
                the Assistant Secretary for Preparedness and Response 
                and associated challenges, as appropriate;
                    ``(G) the specific all-hazards threats that the 
                Assistant Secretary for Preparedness and Response is 
                preparing to address, or that are being addressed, 
                through the activities described in subparagraphs (A) 
                through (F); and
                    ``(H) objectives, activities, or initiatives related 
                to the coordination and consultation required under 
                subsections

[[Page 136 STAT. 5714]]

                (b)(4)(H) and (b)(4)(I), in a manner consistent with 
                paragraph (3), as appropriate.
            ``(2) Clarifications.--
                    ``(A) Waiver authority.--The Chair of the Committee 
                on Health, Education, Labor, and Pensions of the Senate 
                or the Chair of the Committee on Energy and Commerce of 
                the House of Representatives may waive the requirements 
                of paragraph (1) for the applicable fiscal year with 
                respect to the applicable Committee.
                    ``(B) Scope of requirements.--The requirements of 
                this subsection shall not be construed to impact the 
                appearance of other Federal officials or the Assistant 
                Secretary at hearings of either Committee described in 
                paragraph (1) at other times and for purposes other than 
                the times and purposes described in paragraph (1)
            ``(3) Closed hearings.--Information that is not appropriate 
        for disclosure during an open hearing under paragraph (1) in 
        order to protect national security may instead be discussed in a 
        closed hearing that immediately follows such open hearing.''.

    (d) Annual Report on Emergency Response and Preparedness.--Section 
2801 of the Public Health Service Act (42 U.S.C. 300hh), as amended by 
subsection (b), is further amended by adding at the end the following:
    ``(d) Annual Report on Emergency Response and Preparedness.--The 
Secretary shall submit a written report each fiscal year to the 
Committee on Health, Education, Labor, and Pensions and the Committee on 
Appropriations of the Senate and the Committee on Energy and Commerce 
and the Committee on Appropriations of the House of Representatives, 
containing--
            ``(1) <<NOTE: Updates. Assessment.>>  updated information 
        related to an assessment of the response to any public health 
        emergency declared, or otherwise in effect, during the previous 
        fiscal year;
            ``(2) findings related to drills and operational exercises 
        completed in the previous fiscal year pursuant to section 
        2811(b)(4)(G);
            ``(3) the state of public health preparedness and response 
        capabilities for chemical, biological, radiological, and nuclear 
        threats, including emerging infectious diseases; and
            ``(4) any challenges in preparing for or responding to such 
        threats, as appropriate.''.

    (e) GAO Report on Interagency Agreements and Coordination.-- 
<<NOTE: Reviews. Recommenda- tions.>> Not later than 3 years after the 
date of enactment of this Act, the Comptroller General of the United 
States shall--
            (1) conduct a review of previous and current interagency 
        agreements established between the Secretary of Health and Human 
        Services and the heads of other relevant Federal departments or 
        agencies pursuant to section 2801(b) of the Public Health 
        Service Act (42 U.S.C. 300hh(b)), including--
                    (A) the specific roles and responsibilities of each 
                Federal department or agency that is a party to any such 
                interagency agreement;
                    (B) the manner in which specific capabilities of 
                each such Federal department or agency may be utilized 
                under such interagency agreements;
                    (C) the frequency with which such interagency 
                agreements have been utilized;

[[Page 136 STAT. 5715]]

                    (D) gaps, if any, in interagency agreements that 
                prevent the Secretary from carrying out the goals under 
                section 2802 of the Public Health Service Act (42 U.S.C. 
                300hh-1);
                    (E) barriers, if any, to establishing or utilizing 
                such interagency agreements; and
                    (F) recommendations, if any, on the ways in which 
                such interagency agreements can be improved to address 
                the gaps and barriers identified under subparagraphs (D) 
                and (E);
            (2) conduct a review of the implementation and utilization 
        of the authorities described under section 2801(c) of the Public 
        Health Service Act (42 U.S.C. 300hh(c)); and
            (3) submit to the Committee on Health, Education, Labor, and 
        Pensions of the Senate and the Committee on Energy and Commerce 
        of the House of Representatives a report on the reviews under 
        paragraphs (1) and (2), including related recommendations, as 
        applicable.
SEC. 2104. <<NOTE: 42 USC 300hh-3.>>  OFFICE OF PANDEMIC 
                          PREPAREDNESS AND RESPONSE POLICY.

    (a) <<NOTE: Establishment. Appointments. President.>>  In General.--
There is established in the Executive Office of the President an Office 
of Pandemic Preparedness and Response Policy (referred to in this 
section as the ``Office''), which shall be headed by a Director 
(referred to in this section as the ``Director'') appointed by the 
President and who shall be compensated at the rate provided for level II 
of the Executive Schedule in section 5313 of title 5, United States 
Code. The President is authorized to appoint not more than 2 Associate 
Directors, who shall be compensated at a rate not to exceed that 
provided for level III of the Executive Schedule in section 5314 of such 
title. Associate Directors shall perform such functions as the Director 
may prescribe.

    (b) Functions of the Director.--The primary function of the Director 
is to provide advice, within the Executive Office of the President, on 
policy related to preparedness for, and response to, pandemic and other 
biological threats that may impact national security, and support 
strategic coordination and communication with respect to relevant 
activities across the Federal Government. In addition to such other 
functions and activities as the President may assign, the Director, 
consistent with applicable laws and the National Response Framework, 
shall--
            (1) serve as the principal advisor to the President on all 
        matters related to pandemic preparedness and response policy and 
        make recommendations to the President regarding pandemic and 
        other biological threats that may impact national security;
            (2) coordinate Federal activities to prepare for, and 
        respond to, pandemic and other biological threats, by--
                    (A) providing strategic direction to the heads of 
                applicable Federal departments, agencies, and offices, 
                including--
                          (i) the establishment, implementation, 
                      prioritization, and assessment of policy goals and 
                      objectives across the Executive Office of the 
                      President and such departments, agencies, and 
                      offices;

[[Page 136 STAT. 5716]]

                          (ii) supporting the assessment and 
                      clarification of roles and responsibilities 
                      related to such Federal activities; and
                          (iii) supporting the development and 
                      implementation of metrics and performance measures 
                      to evaluate the extent to which applicable 
                      activities meet such goals and objectives;
                    (B) providing, in consultation with the Secretary of 
                Health and Human Services and the heads of other 
                relevant Federal departments, agencies, and offices, 
                leadership with respect to the National Biodefense 
                Strategy and related activities pursuant to section 1086 
                of the National Defense Authorization Act for Fiscal 
                Year 2017 (6 U.S.C. 104) and section 363 of the William 
                M. (Mac) Thornberry National Defense Authorization Act 
                for Fiscal Year 2021 (6 U.S.C. 105);
                    (C) facilitating coordination and communication 
                between such Federal departments, agencies, and offices 
                to improve preparedness for, and response to, such 
                threats;
                    (D) ensuring that the authorities, capabilities, and 
                expertise of each such department, agency, and office 
                are appropriately leveraged to facilitate the whole-of-
                Government response to such threats;
                    (E) overseeing coordination of Federal efforts to 
                prepare for and support the production, supply, and 
                distribution of relevant medical products and supplies 
                during a response to a pandemic or other biological 
                threat, as applicable and appropriate, including 
                supporting Federal efforts to assess any relevant 
                vulnerabilities in the supply chain of such products and 
                supplies, and identify opportunities for private 
                entities to engage with the Federal Government to 
                address medical product and medical supply needs during 
                such a response;
                    (F) overseeing coordination of Federal efforts for 
                the basic and advanced research, development, 
                manufacture, and procurement of medical countermeasures 
                for such threats, including by--
                          (i) serving, with the Secretary of Health and 
                      Human Services, as co-Chair of the Public Health 
                      Emergency Medical Countermeasures Enterprise 
                      established pursuant to section 2811-1 of the 
                      Public Health Service Act (42 U.S.C. 300hh-10a);
                          (ii) promoting coordination between the 
                      medical countermeasure research, development, and 
                      procurement activities of respective Federal 
                      departments and agencies, including to advance the 
                      discovery and development of new medical products 
                      and technologies;
                    (G) convening heads of Federal departments and 
                agencies, as appropriate, on topics related to 
                capabilities to prepare for, and respond to, such 
                threats;
                    (H) assessing and advising on international 
                cooperation in preparing for, and responding to, such 
                threats to advance the national security objectives of 
                the United States; and
                    (I) overseeing other Federal activities to assess 
                preparedness for, and responses to, such threats, 
                including--

[[Page 136 STAT. 5717]]

                          (i) drills and operational exercises conducted 
                      pursuant to applicable provisions of law; and
                          (ii) Federal after-action reports developed 
                      following such drills and exercises or a response 
                      to a pandemic or other biological threat;
            (3) promote and support the development of relevant 
        expertise and capabilities within the Federal Government to 
        ensure that the United States can quickly detect, identify, and 
        respond to such threats, and provide recommendations, as 
        appropriate, to the President;
            (4) consult with the Director of the Office of Management 
        and Budget and other relevant officials within the Executive 
        Office of the President, including the Assistant to the 
        President for National Security Affairs and the Director of the 
        Office of Science and Technology Policy, regarding activities 
        related to preparing for, and responding to, such threats and 
        relevant research and emerging technologies that may advance the 
        biosecurity and preparedness and response goals of the Federal 
        Government;
            (5) identify opportunities to leverage current and emerging 
        technologies, including through public-private partnerships, as 
        appropriate, to address such threats and advance the 
        preparedness and response goals of the Federal Government; and
            (6) ensure that findings of Federal after-action reports 
        conducted pursuant to paragraph (2)(I)(ii) are implemented to 
        the maximum extent feasible within the Federal Government.

    (c) Support From Other Agencies.--Each department, agency, and 
instrumentality of the executive branch of the Federal Government, 
including any independent agency, is authorized to support the Director 
by providing the Director such information as the Director determines 
necessary to carry out the functions of the Director under this section.
    (d) <<NOTE: Time periods.>>  Preparedness Outlook Report.--
            (1) <<NOTE: Public information.>>  In general.--Within its 
        first year of operation, the Director, in consultation with the 
        heads of relevant Federal departments and agencies and other 
        officials within the Executive Office of the President, shall 
        through a report submitted to the President and made available 
        to the public, to the extent practicable, identify and describe 
        situations and conditions which warrant special attention within 
        the next 5 years, involving current and emerging problems of 
        national significance related to pandemic or other biological 
        threats, and opportunities for, and the barriers to, the 
        research, development, and procurement of medical 
        countermeasures to adequately respond to such threats.
            (2) Revisions.--The Office shall revise the report under 
        paragraph (1) not less than once every 5 years and work with 
        relevant Federal officials to address the problems, barriers, 
        opportunities, and actions identified under this report through 
        the development of the President's Budgets and programs.

    (e) <<NOTE: Establishment. Evaluation. Recommenda- tions.>>  
Interdepartmental Working Group.--The Director shall lead an 
interdepartmental working group that will meet on a regular basis to 
evaluate national biosecurity and pandemic preparedness issues and make 
recommendations to the heads of applicable Federal departments, agencies 
and offices. The working group shall consist of representatives from--

[[Page 136 STAT. 5718]]

            (1) the Office of Pandemic Preparedness and Response Policy, 
        to serve as the chair;
            (2) the Department of Health and Human Services;
            (3) the Department of Homeland Security;
            (4) the Department of Defense;
            (5) the Office of Management and Budget; and
            (6) other Federal Departments and agencies.

    (f) <<NOTE: Deadlines.>>  Industry Liaison.--
            (1) <<NOTE: Appointment.>>  In general.--Not later than 10 
        days after the initiation of a Federal response to a pandemic or 
        other biological threat that may pose a risk to national 
        security, the Director shall appoint an Industry Liaison within 
        the Office of Pandemic Preparedness and Response Policy to serve 
        until the termination of such response.
            (2) Activities.--The Industry Liaison shall--
                    (A) <<NOTE: Plan.>>  not later than 20 days after 
                the initiation of such response, identify affected 
                industries and develop a plan to regularly communicate 
                with, and receive input from, affected industries;
                    (B) work with relevant Federal departments and 
                agencies to support information sharing and coordination 
                with industry stakeholders; and
                    (C) communicate, and support the provision of 
                technical assistance, as applicable, with private 
                entities interested in supporting such response, which 
                may include entities not historically involved in the 
                public health or medical sectors, as applicable and 
                appropriate.

    (g) Additional Functions of the Director.--The Director, in addition 
to the other duties and functions set forth in this section--
            (1) shall--
                    (A) serve as a member of the Domestic Policy Council 
                and the National Security Council;
                    (B) serve as a member of the Intergovernmental 
                Science, Engineering, and Technology Advisory Panel 
                under section 205(b) of the National Science and 
                Technology Policy, Organization, and Priorities Act of 
                1976 (42 U.S.C. 6614(b)) and the Federal Coordinating 
                Council for Science, Engineering and Technology under 
                section 401 of such Act (42 U.S.C. 6651);
                    (C) consult with State, Tribal, local, and 
                territorial governments, industry, academia, 
                professional societies, and other stakeholders, as 
                appropriate;
                    (D) use for administrative purposes, on a 
                reimbursable basis, the available services, equipment, 
                personnel, and facilities of Federal, State, and local 
                agencies; and
                    (E) at the President's request, perform such other 
                duties and functions and enter into contracts and other 
                arrangements for studies, analyses, and related services 
                with public or private entities, as applicable and 
                appropriate; and
            (2) may hold such hearings in various parts of the United 
        States as necessary to determine the views of the entities and 
        individuals referred to in paragraph (1) and of the general 
        public, concerning national needs and trends in pandemic 
        preparedness and response.

[[Page 136 STAT. 5719]]

    (h) Staffing and Detailees.--In carrying out functions under this 
section, the Director may--
            (1) <<NOTE: Appointments.>>  appoint not more than 25 
        individuals to serve as employees of the Office as necessary to 
        carry out this section;
            (2) <<NOTE: Determination.>>  fix the compensation of such 
        personnel at a rate to be determined by the Director, up to the 
        amount of annual compensation (excluding expenses) specified in 
        section 102 of title 3, United States Code;
            (3) utilize the services of consultants, which may include 
        by obtaining services described under section 3109(b) of title 
        5, United States Code, at rates not to exceed the rate of basic 
        pay for level IV of the Executive Schedule; and
            (4) direct, with the concurrence of the Secretary of a 
        department or head of an agency, the temporary reassignment 
        within the Federal Government of personnel employed by such 
        department or agency, in order to carry out the functions of the 
        Office.

    (i) Preparedness Review and Report.--The Director, in consultation 
with the heads of applicable Federal departments, agencies, and offices, 
shall--
            (1) not later than 1 year after the date of enactment of 
        this Act, conduct a review of applicable Federal strategies, 
        policies, procedures, and after-action reports to identify gaps 
        and inefficiencies related to pandemic preparedness and 
        response;
            (2) <<NOTE: Time period.>>  not later than 18 months after 
        the date of enactment of this Act, and every 2 years thereafter, 
        submit to the President and the Committee on Health, Education, 
        Labor, and Pensions of the Senate and the Committee on Energy 
        and Commerce of the House of Representatives a report 
        describing--
                    (A) current and emerging pandemic and other 
                biological threats that pose a significant level of risk 
                to national security;
                    (B) the roles and responsibilities of the Federal 
                Government in preparing for, and responding to, such 
                threats;
                    (C) the findings of the review conducted under 
                paragraph (1);
                    (D) any barriers or limitations related to 
                addressing such findings;
                    (E) current and planned activities to update Federal 
                strategies, policies, and procedures to address such 
                findings, consistent with applicable laws and the 
                National Response Framework;
                    (F) current and planned activities to support the 
                development of expertise within the Federal Government 
                pursuant to subsection (b)(3); and
                    (G) opportunities to improve Federal preparedness 
                and response capacities and capabilities through the use 
                of current and emerging technologies.

    (j) Nonduplication of Effort.--The Director shall ensure that 
activities carried out under this section do not unnecessarily duplicate 
the efforts of other Federal departments, agencies, and offices.
    (k) Conforming Amendments.--
            (1) Section 2811-1 of the Public Health Service Act (42 
        U.S.C. 300hh-10a) is amended--

[[Page 136 STAT. 5720]]

                    (A) in the second sentence of subsection (a), by 
                striking ``shall serve as chair'' and inserting ``and 
                the Director of the Office of Pandemic Preparedness and 
                Response Policy shall serve as co-chairs''; and
                    (B) in subsection (b)--
                          (i) by redesignating paragraph (10) as 
                      paragraph (11); and
                          (ii) by inserting after paragraph (9) the 
                      following:
            ``(10) The Director of the Office of Pandemic Preparedness 
        and Response Policy.''.
            (2) Section 101(c)(1) of the National Security Act of 1947 
        (50 U.S.C. 3021(c)(1)) is amended by inserting ``the Director of 
        the Office of Pandemic Preparedness and Response Policy'' after 
        ``Treasury,''.
            (3) The National Science and Technology Policy, 
        Organization, and Priorities Act of 1976 (42 U.S.C. 6601 et 
        seq.) is amended--
                    (A) in section 205(b)(2) (42 U.S.C. 6614(b)(2))--
                          (i) by striking ``and (C)'' and inserting 
                      ``(C)''; and
                          (ii) by striking the period at the end and 
                      inserting ``; and (D) the Director of the Office 
                      of Pandemic Preparedness and Response Policy.''; 
                      and
                    (B) in section 401(b) (42 U.S.C. 6651(b)), by 
                inserting ``, the Director of the Office of Pandemic 
                Preparedness and Response Policy,'' after ``Technology 
                Policy''.

                  CHAPTER 2--STATE AND LOCAL READINESS

SEC. 2111. IMPROVING STATE AND LOCAL PUBLIC HEALTH SECURITY.

    (a) In General.--Section 319C-1(b)(2) of the Public Health Service 
Act (42 U.S.C. 247d-3a(b)(2)) is amended--
            (1) in subparagraph (A)--
                    (A) in clause (vii), by inserting ``during and'' 
                before ``following a public health emergency'';
                    (B) by amending clause (viii) to read as follows:
                          ``(viii) a description of how the entity, as 
                      applicable and appropriate, will coordinate with 
                      State emergency preparedness and response plans in 
                      public health emergency preparedness, including 
                      State education agencies (as defined in section 
                      8101 of the Elementary and Secondary Education Act 
                      of 1965), State child care lead agencies 
                      (designated under section 658D of the Child Care 
                      and Development Block Grant Act of 1990), and 
                      other relevant State agencies'';
                    (C) in clause (xi), by striking ``; and'' and 
                inserting a semicolon;
                    (D) by redesignating clause (xii) as clause (xiii); 
                and
                    (E) by inserting after clause (xi) the following:
                          ``(xii) a description of how the entity will 
                      provide technical assistance to improve public 
                      health preparedness and response, as appropriate, 
                      to agencies or other entities that operate 
                      facilities within the entity's jurisdiction in 
                      which there is an increased risk of infectious 
                      disease outbreaks in the event of a public health 
                      emergency declared under section 319, such as 
                      residential care facilities, group homes, and 
                      other similar settings; and'';

[[Page 136 STAT. 5721]]

            (2) by redesignating subparagraphs (D) through (H) as 
        subparagraphs (E) through (I), respectively; and
            (3) by inserting after subparagraph (C) the following:
                    ``(D) an assurance that the entity will require 
                relevant staff to complete relevant preparedness and 
                response trainings, including trainings related to 
                efficient and effective operation during an incident or 
                event within an Incident Command System;''.

    (b) <<NOTE: 42 USC 247d-3a note.>>  Applicability.--The amendments 
made by subsection (a) shall not apply with respect to any cooperative 
agreement entered into prior to the date of enactment of this Act.
SEC. 2112. SUPPORTING ACCESS TO MENTAL HEALTH AND SUBSTANCE USE 
                          DISORDER SERVICES DURING PUBLIC HEALTH 
                          EMERGENCIES.

    (a) Authorities.--Section 501(d) of the Public Health Service Act 
(42 U.S.C. 290aa(d)) is amended--
            (1) by redesignating paragraphs (24) and (25) as paragraphs 
        (25) and (26), respectively; and
            (2) by inserting after paragraph (23) the following:
            ``(24) support the continued access to, or availability of, 
        mental health and substance use disorder services during, or in 
        response to, a public health emergency declared under section 
        319, including in consultation with, as appropriate, the 
        Assistant Secretary for Preparedness and Response, the Director 
        of the Centers for Disease Control and Prevention, and the heads 
        of other relevant agencies, in preparing for, and responding to, 
        a public health emergency;''.

    (b) Strategic Plan.--Section 501(l)(4) of the Public Health Service 
Act (42 U.S.C. 290aa(l)(4)) is amended--
            (1) in subparagraph (E), by striking ``and'' at the end;
            (2) in subparagraph (F), by striking the period and 
        inserting ``; and''; and
            (3) by adding at the end the following:
                    ``(G) specify a strategy to support the continued 
                access to, or availability of, mental health and 
                substance use disorder services, including to at-risk 
                individuals (as defined in section 2802(b)(4)), during, 
                or in response to, public health emergencies declared 
                pursuant to section 319.''.

    (c) Biennial Report Concerning Activities and Progress.--Section 
501(m) of the Public Health Service Act (42 U.S.C. 290aa(m)) is 
amended--
            (1) by redesignating paragraphs (4) through (7) as 
        paragraphs (5) through (8), respectively;
            (2) by inserting after paragraph (3) the following:
            ``(4) a description of the Administration's activities to 
        support the continued provision of mental health and substance 
        use disorder services, as applicable, in response to public 
        health emergencies declared pursuant to section 319;''; and
            (3) in paragraph (5), as so redesignated--
                    (A) by redesignating subparagraphs (D) and (E) as 
                subparagraphs (E) and (F), respectively; and
                    (B) by inserting after subparagraph (C) the 
                following:
                    ``(D) relevant preparedness and response 
                activities;''.

    (d) <<NOTE: Reports. Recommenda- tions.>>  Advisory Councils.--Not 
later than 1 year after the date of enactment of this Act, the Assistant 
Secretary for Mental Health

[[Page 136 STAT. 5722]]

and Substance Use shall issue a report to the Committee on Health, 
Education, Labor, and Pensions and the Committee on Appropriations of 
the Senate and the Committee on Energy and Commerce and the Committee on 
Appropriations of the House of Representatives, reflecting the feedback 
of the advisory councils for the Center for Substance Abuse Treatment, 
the Center for Substance Abuse Prevention, and the Center for Mental 
Health Services, pursuant to section 502 of the Public Health Service 
Act (42 U.S.C. 290aa-1), with recommendations to improve the continued 
provision of mental health and substance use disorder services during a 
public health emergency declared under section 319 of such Act (42 
U.S.C. 247d), and the provision of such services as part of the public 
health and medical response to such an emergency, consistent with title 
XXVIII of such Act (42 U.S.C. 300hh et seq.), including related to the 
capacity of the mental health and substance use disorder workforce and 
flexibilities provided to awardees of mental health and substance use 
disorder programs.

    (e) GAO Report.--Not later than 3 years after the date of enactment 
of this Act, the Comptroller General of the United States shall submit 
to the Committee on Health, Education, Labor, and Pensions of the Senate 
and the Committee on Energy and Commerce of the House of Representatives 
a report on programs and activities of the Substance Abuse and Mental 
Health Services Administration to support the provision of mental health 
and substance use disorder services and related activities during the 
COVID-19 pandemic, including the provision of such services as part of 
the medical and public health response to such pandemic. Such report 
shall--
            (1) <<NOTE: Examination.>>  examine the role played by the 
        advisory councils described in section 502 of the Public Health 
        Service Act (42 U.S.C. 290aa-1) and the National Mental Health 
        and Substance Use Policy Laboratory established under section 
        501A of such Act (42 U.S.C. 290aa-0) in providing technical 
        assistance and recommendations to the Substance Abuse and Mental 
        Health Services Administration to support the response of such 
        agency to the public health emergency declared under section 319 
        of the Public Health Service Act (42 U.S.C. 247d) with respect 
        to COVID-19;
            (2) describe the manner in which existing awardees of mental 
        health and substance use disorder programs provided and altered 
        delivery of services during such public health emergency, 
        including information on the populations served by such awardees 
        and any barriers faced in delivering services; and
            (3) describe activities of the Substance Abuse and Mental 
        Health Services Administration to support the response to such 
        public health emergency, including through technical assistance, 
        provision of services, and any flexibilities provided to such 
        existing awardees, and any barriers faced in implementing such 
        activities.
SEC. 2113. TRAUMA CARE REAUTHORIZATION.

    (a) In General.--Section 1201 of the Public Health Service Act (42 
U.S.C. 300d) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (3)--
                          (i) by inserting ``analyze,'' after 
                      ``compile,''; and

[[Page 136 STAT. 5723]]

                          (ii) by inserting ``and medically underserved 
                      areas'' before the semicolon;
                    (B) in paragraph (4), by adding ``and'' after the 
                semicolon;
                    (C) by striking paragraph (5); and
                    (D) by redesignating paragraph (6) as paragraph (5);
            (2) by redesignating subsection (b) as subsection (c); and
            (3) by inserting after subsection (a) the following:

    ``(b) Trauma Care Readiness and Coordination.--The Secretary, acting 
through the Assistant Secretary for Preparedness and Response, shall 
support the efforts of States and consortia of States to coordinate and 
improve emergency medical services and trauma care during a public 
health emergency declared by the Secretary pursuant to section 319 or a 
major disaster or emergency declared by the President under section 401 
or 501, respectively, of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act. Such support may include--
            ``(1) <<NOTE: Updates. Guidance.>>  developing, issuing, and 
        updating guidance, as appropriate, to support the coordinated 
        medical triage and evacuation to appropriate medical 
        institutions based on patient medical need, taking into account 
        regionalized systems of care;
            ``(2) disseminating, as appropriate, information on 
        evidence-based or evidence-informed trauma care practices, 
        taking into consideration emergency medical services and trauma 
        care systems, including such practices identified through 
        activities conducted under subsection (a) and which may include 
        the identification and dissemination of performance metrics, as 
        applicable and appropriate; and
            ``(3) other activities, as appropriate, to optimize a 
        coordinated and flexible approach to the emergency response and 
        medical surge capacity of hospitals, other health care 
        facilities, critical care, and emergency medical systems.''.

    (b) Grants to Improve Trauma Care in Rural Areas.--Section 1202 of 
the Public Health Service Act (42 U.S.C. 300d-3) is amended--
            (1) by amending the section heading to read as follows: 
        ``grants to improve trauma care in rural areas'';
            (2) by amending subsections (a) and (b) to read as follows:

    ``(a) In General.--The Secretary shall award grants to eligible 
entities for the purpose of carrying out research and demonstration 
projects to support the improvement of emergency medical services and 
trauma care in rural areas through the development of innovative uses of 
technology, training and education, transportation of seriously injured 
patients for the purposes of receiving such emergency medical services, 
access to prehospital care, evaluation of protocols for the purposes of 
improvement of outcomes and dissemination of any related best practices, 
activities to facilitate clinical research, as applicable and 
appropriate, and increasing communication and coordination with 
applicable State or Tribal trauma systems.
    ``(b) Eligible Entities.--
            ``(1) In general.--To be eligible to receive a grant under 
        this section, an entity shall be a public or private entity that 
        provides trauma care in a rural area.
            ``(2) Priority.--In awarding grants under this section, the 
        Secretary shall give priority to eligible entities that will 
        provide

[[Page 136 STAT. 5724]]

        services under the grant in any rural area identified by a State 
        under section 1214(d)(1).''; and
            (3) by adding at the end the following:

    ``(d) Reports.--An entity that receives a grant under this section 
shall submit to the Secretary such reports as the Secretary may require 
to inform administration of the program under this section.''.
    (c) Competitive Grants for Trauma Centers.--Section 1204 of the 
Public Health Service Act (42 U.S.C. 300d-6) is amended--
            (1) by amending the section heading to read as follows: 
        ``competitive grants for trauma centers'';
            (2) in subsection (a)--
                    (A) by striking ``that design, implement, and 
                evaluate'' and inserting ``to design, implement, and 
                evaluate new or existing'';
                    (B) by striking ``emergency care'' and inserting 
                ``emergency medical''; and
                    (C) by inserting ``, and improve access to trauma 
                care within such systems'' before the period;
            (3) in subsection (b)(1), by striking subparagraphs (A) and 
        (B) and inserting the following:
                    ``(A) a State or consortia of States;
                    ``(B) an Indian Tribe or Tribal organization (as 
                defined in section 4 of the Indian Self-Determination 
                and Education Assistance Act);
                    ``(C) a consortium of level I, II, or III trauma 
                centers designated by applicable State or local agencies 
                within an applicable State or region, and, as 
                applicable, other emergency services providers; or
                    ``(D) a consortium or partnership of nonprofit 
                Indian Health Service, Indian Tribal, and urban Indian 
                trauma centers.'';
            (4) in subsection (c)--
                    (A) in the matter preceding paragraph (1)--
                          (i) by striking ``that proposes a pilot 
                      project'';
                          (ii) by striking ``an emergency medical and 
                      trauma system that--'' and inserting ``a new or 
                      existing emergency medical and trauma system. Such 
                      eligible entity shall use amounts awarded under 
                      this subsection to carry out 2 or more of the 
                      following activities:'';
                    (B) in paragraph (1) --
                          (i) by striking ``coordinates'' and inserting 
                      ``Strengthening coordination and communication''; 
                      and
                          (ii) by striking ``an approach to emergency 
                      medical and trauma system access throughout the 
                      region, including 9-1-1 Public Safety Answering 
                      Points and emergency medical dispatch;'' and 
                      inserting ``approaches to improve situational 
                      awareness and emergency medical and trauma system 
                      access.'';
                    (C) in paragraph (2)--
                          (i) by striking ``includes'' and inserting 
                      ``Providing'';
                          (ii) by inserting ``support patient movement 
                      to'' after ``region to''; and
                          (iii) by striking the semicolon and inserting 
                      a period;
                    (D) in paragraph (3)--

[[Page 136 STAT. 5725]]

                          (i) by striking ``allows for'' and inserting 
                      ``Improving''; and
                          (ii) by striking ``; and'' and inserting a 
                      period;
                    (E) in paragraph (4), by striking ``includes a 
                consistent'' and inserting ``Supporting a consistent''; 
                and
                    (F) by adding at the end the following:
            ``(5) Establishing, implementing, and disseminating, or 
        utilizing existing, as applicable, evidence-based or evidence-
        informed practices across facilities within such emergency 
        medical and trauma system to improve health outcomes, including 
        such practices related to management of injuries, and the 
        ability of such facilities to surge.
            ``(6) Conducting activities to facilitate clinical research, 
        as applicable and appropriate.'';
            (5) in subsection (d)(2)--
                    (A) in subparagraph (A)--
                          (i) in the matter preceding clause (i), by 
                      striking ``the proposed'' and inserting ``the 
                      applicable emergency medical and trauma system'';
                          (ii) in clause (i), by inserting ``or Tribal 
                      entity'' after ``equivalent State office''; and
                          (iii) in clause (vi), by striking ``; and'' 
                      and inserting a semicolon;
                    (B) by redesignating subparagraph (B) as 
                subparagraph (C); and
                    (C) by inserting after subparagraph (A) the 
                following:
                    ``(B) for eligible entities described in 
                subparagraph (C) or (D) of subsection (b)(1), a 
                description of, and evidence of, coordination with the 
                applicable State Office of Emergency Medical Services 
                (or equivalent State Office) or applicable such office 
                for a Tribe or Tribal organization; and'';
            (6) in subsection (e), by adding at the end the following:
            ``(3) Effective date.--The matching requirement described in 
        paragraph (1) shall take effect on October 1, 2025.'';
            (7) in subsection (f), by striking ``population in a 
        medically underserved area'' and inserting ``medically 
        underserved population'';
            (8) in subsection (g)--
                    (A) in the matter preceding paragraph (1), by 
                striking ``described in'';
                    (B) in paragraph (2), by striking ``the system 
                characteristics that contribute to'' and inserting 
                ``opportunities for improvement, including 
                recommendations for how to improve'';
                    (C) by striking paragraph (4);
                    (D) by redesignating paragraphs (5) and (6) as 
                paragraphs (4) and (5), respectively;
                    (E) in paragraph (4), as so redesignated, by 
                striking ``; and'' and inserting a semicolon;
                    (F) in paragraph (5), as so redesignated, by 
                striking the period and inserting ``; and''; and
                    (G) by adding at the end the following:
            ``(6) any evidence-based or evidence-informed strategies 
        developed or utilized pursuant to subsection (c)(5).''; and
            (9) by amending subsection (h) to read as follows:

[[Page 136 STAT. 5726]]

    ``(h) <<NOTE: Reports.>>  Dissemination of Findings.--Not later than 
1 year after the completion of the final project under subsection (a), 
the Secretary shall submit to the Committee on Health, Education, Labor, 
and Pensions of the Senate and the Committee on Energy and Commerce of 
the House of Representatives a report describing the information 
contained in each report submitted pursuant to subsection (g) and any 
additional actions planned by the Secretary related to regionalized 
emergency care and trauma systems.''.

    (d) Program Funding.--Section 1232(a) of the Public Health Service 
Act (42 U.S.C. 300d-32(a)) is amended by striking ``2010 through 2014'' 
and inserting ``2023 through 2027''.
SEC. 2114. ASSESSMENT OF CONTAINMENT AND MITIGATION OF INFECTIOUS 
                          DISEASES.

    (a) <<NOTE: Reviews.>>  GAO Study.--The Comptroller General of the 
United States shall conduct a study that reviews a geographically 
diverse sample of States and territories that, in response to the COVID-
19 pandemic, implemented preparedness and response plans that included 
isolation and quarantine recommendations or requirements. Such study 
shall include--
            (1) a review of such State and territorial preparedness and 
        response plans in place during the COVID-19 pandemic, an 
        assessment of the extent to which such plans facilitated or 
        presented challenges to State and territorial responses to such 
        public health emergency, including response activities relating 
        to isolation and quarantine to prevent the spread of COVID-19; 
        and
            (2) a description of the technical assistance provided by 
        the Federal Government to help States and territories facilitate 
        such response activities during responses to relevant public 
        health emergencies declared by the Secretary of Health and Human 
        Services pursuant to section 319 of the Public Health Service 
        Act, including the public health emergency with respect to 
        COVID-19, and a review of the degree to which such State and 
        territorial plans were implemented and subsequently revised in 
        response to the COVID-19 pandemic to address any challenges.

    (b) Report.--Not later than 18 months after the date of enactment of 
this Act, the Comptroller General of the United States shall submit a 
report on the study under subsection (a) to the Committee on Health, 
Education, Labor, and Pensions of the Senate and the Committee on Energy 
and Commerce of the House of Representatives.
SEC. 2115. <<NOTE: 42 USC 247d note.>>  CONSIDERATION OF UNIQUE 
                          CHALLENGES IN NONCONTIGUOUS STATES AND 
                          TERRITORIES.

    During <<NOTE: Consultations.>>  any public health emergency 
declared under section 319 of the Public Health Service Act (42 U.S.C. 
247d), the Secretary of Health and Human Services shall conduct 
quarterly meetings or consultations, as applicable or appropriate, with 
noncontiguous States and territories with regard to addressing unique 
public health challenges in such States and territories associated with 
such public health emergency.

[[Page 136 STAT. 5727]]

 Subtitle B--Improving Public Health Preparedness and Response Capacity

         CHAPTER 1--IMPROVING PUBLIC HEALTH EMERGENCY RESPONSES

SEC. 2201. ADDRESSING FACTORS RELATED TO IMPROVING HEALTH 
                          OUTCOMES.

    (a) In General.--Part B of title III of the Public Health Service 
Act (42 U.S.C. 243 et seq.) is amended--
            (1) by inserting after section 317U the following:
``SEC. 317V. <<NOTE: 42 USC 247b-24.>>  ADDRESSING FACTORS RELATED 
                          TO IMPROVING HEALTH OUTCOMES.

    ``(a) <<NOTE: Grants. Contracts.>>  In General.--The Secretary may, 
as appropriate, award grants, contracts, or cooperative agreements to 
eligible entities for the conduct of evidence-based or evidence-informed 
projects, which may include the development of networks to improve 
health outcomes by improving the capacity of such entities to address 
factors that contribute to negative health outcomes in communities.

    ``(b) Eligible Entities.--To be eligible to receive an award under 
this section, an entity shall--
            ``(1)(A) be a State, local, or Tribal health department, 
        community-based organization, Indian Tribe or Tribal 
        organization (as such terms are defined in section 4 of the 
        Indian Self-Determination and Education Assistance Act), urban 
        Indian organization (as defined in section 4 of the Indian 
        Health Care Improvement Act), or other public or private entity, 
        as the Secretary determines appropriate; or
            ``(B) be a consortia of entities described in subparagraph 
        (A) or a public-private partnership, including a community 
        partnership;
            ``(2) submit to the Secretary an application at such time, 
        in such manner, and containing such information as the Secretary 
        shall require;
            ``(3) in the case of an entity other than a community-based 
        organization, demonstrate a history of successfully working with 
        an established community-based organization to address health 
        outcomes; and
            ``(4) <<NOTE: Plan.>>  submit a plan to conduct activities 
        described in subsection (a) based on a community needs 
        assessment that takes into account community input.

    ``(c) Use of Funds.--An entity described in subsection (b) shall use 
funds received under subsection (a), in consultation with State, local, 
and Tribal health departments, community-based organizations, entities 
serving medically underserved communities, and other entities, as 
applicable, for one or more of the following purposes:
            ``(1) Supporting the implementation, evaluation, and 
        dissemination of strategies, through evidence-informed or 
        evidence-based programs and through the support and use of 
        public health and health care professionals to address factors 
        related to health outcomes.
            ``(2) Establishing, maintaining, or improving, in 
        consultation with State, local, or Tribal health departments, 
        technology

[[Page 136 STAT. 5728]]

        platforms or networks to support, in a manner that is consistent 
        with applicable Federal and State privacy law--
                    ``(A) coordination among appropriate entities, and, 
                as applicable and appropriate, activities to improve 
                such coordination;
                    ``(B) information sharing on health and related 
                social services; and
                    ``(C) technical assistance and related support for 
                entities participating in the platforms or networks.
            ``(3) Implementing best practices for improving health 
        outcomes and reducing disease among underserved populations.
            ``(4) Supporting consideration of factors related to health 
        outcomes in preparing for, and responding to, public health 
        emergencies, through outreach, education, research, and other 
        relevant activities.

    ``(d) <<NOTE: Grants. Contracts.>>  Best Practices and Technical 
Assistance.--The Secretary, in consultation with the Director of the 
Office of Minority Health, the National Coordinator for Health 
Information Technology, and the Administrator of the Administration for 
Community Living, may award grants, contracts, and cooperative 
agreements to public or nonprofit private entities, including minority 
serving institutions (defined, for purposes of this subsection, as 
institutions and programs described in section 326(e)(1) of the Higher 
Education Act of 1965 and institutions described in section 371(a) of 
such Act of 1965), to--
            ``(1) identify or facilitate the development of best 
        practices to support improved health outcomes for underserved 
        populations;
            ``(2) provide technical assistance, training, and evaluation 
        assistance to award recipients under subsection (a);
            ``(3) disseminate best practices, including to award 
        recipients under subsection (a); and
            ``(4) leverage, establish, or operate regional centers to 
        develop, evaluate, and disseminate effective strategies on 
        factors related to health outcomes, including supporting 
        research and training related to such strategies.

    ``(e) <<NOTE: Extensions.>>  Award Periods.--The Secretary shall 
issue awards under this section for periods of not more than 5 years and 
may issue extensions of such award periods for an additional period of 
up to 3 years.

    ``(f) Report.--Not later than September 30, 2026, the Secretary 
shall submit to the Committee on Health, Education, Labor, and Pensions 
of the Senate and the Committee on Energy and Commerce of the House of 
Representatives a report that includes information on activities funded 
under this section. Such report shall include a description of--
            ``(1) changes in the capacity of public health entities to 
        address factors related to health outcomes in communities, 
        including any applicable platforms or networks developed or 
        utilized to coordinate health and related social services and 
        any changes in workforce capacity or capabilities;
            ``(2) improvements in health outcomes and in reducing health 
        disparities in medically underserved communities;
            ``(3) activities conducted to support consideration of 
        factors related to health outcomes in preparing for, and 
        responding to, public health emergencies, through outreach, 
        education, and other relevant activities;

[[Page 136 STAT. 5729]]

            ``(4) communities and populations served by recipients of 
        awards under subsection (a);
            ``(5) activities supported under subsection (e); and
            ``(6) other relevant activities and outcomes, as determined 
        by the Secretary.

    ``(g) <<NOTE: Time periods.>>  Authorization of Appropriations.--To 
carry out this section, there are authorized to be appropriated 
$35,000,000 for each of fiscal years 2023 through 2027. Of the amounts 
appropriated under this subsection for a fiscal year, 5 percent shall be 
reserved for awards under subsection (a) to Indian Tribes and Tribal 
organizations (as such terms are defined in section 4 of the Indian 
Self-Determination and Education Assistance Act), urban Indian 
organizations (as defined in section 4 of the Indian Health Care 
Improvement Act), and Tribal health departments.''; and
            (2) by striking section 330D (42 U.S.C. 254c-4).

    (b) <<NOTE: Review.>>  GAO Study and Report.--Not later than 4 years 
after the date of enactment of this Act, the Comptroller General of the 
United States shall submit to the Committee on Health, Education, Labor, 
and Pensions of the Senate and the Energy and Committee on Energy and 
Commerce of the House of Representatives a report on the program 
authorized under section 317V of the Public Health Service Act, as added 
by subsection (a), including a review of the outcomes and effectiveness 
of the program and coordination with other programs in the Department of 
Health and Human Services with similar goals to ensure that there was no 
unnecessary duplication of efforts.

    CHAPTER 2--IMPROVING STATE, LOCAL, AND TRIBAL PUBLIC HEALTH DATA

SEC. 2211. MODERNIZING STATE, LOCAL, AND TRIBAL BIOSURVEILLANCE 
                          CAPABILITIES AND INFECTIOUS DISEASE 
                          DATA.

    Section 319D of the Public Health Service Act (42 U.S.C. 247d-4) is 
amended--
            (1) in subsection (a)(3)--
                    (A) in the matter that precedes subparagraph (A), by 
                striking ``. Activities'' and all that follows through 
                ``include'' and inserting ``, by''; and
                    (B) in subparagraph (D), by inserting ``, infectious 
                disease outbreaks,'' after ``bioterrorism'';
            (2) in subsection (b)--
                    (A) in paragraph (1)--
                          (i) in subparagraph (A)--
                                    (I) by striking ``, and local'' and 
                                inserting ``, local, and Tribal''; and
                                    (II) by adding ``and'' after the 
                                semicolon;
                          (ii) in subparagraph (B), by striking ``; 
                      and'' and inserting ``;''; and
                          (iii) by striking subparagraph (C); and
                    (B) in paragraph (2)--
                          (i) by inserting ``, deidentified'' before 
                      ``information''; and
                          (ii) by adding at the end the following: ``The 
                      Secretary shall ensure that the activities carried 
                      out pursuant to the previous sentence are 
                      conducted in a manner that protects personal 
                      privacy, to the extent

[[Page 136 STAT. 5730]]

                      required by applicable Federal and State 
                      information privacy or security law, at a 
                      minimum.'';
            (3) in subsection (c)--
                    (A) in paragraph (1)--
                          (i) by inserting ``modernize,'' after 
                      ``establish,'';
                          (ii) by inserting ``that is deidentified, as 
                      applicable,'' after ``share data and 
                      information'';
                          (iii) by inserting ``, to the extent 
                      practicable'' before the period of the second 
                      sentence; and
                          (iv) by adding at the end the following: ``The 
                      Secretary shall ensure that the activities carried 
                      out pursuant to this paragraph are conducted in a 
                      manner that protects personal privacy, to the 
                      extent required by applicable Federal and State 
                      information privacy or security law, at a 
                      minimum.'';
                    (B) in paragraph (3)--
                          (i) in subparagraph (A)--
                                    (I) in clause (iii), by adding 
                                ``and'' after the semicolon;
                                    (II) in clause (iv), by striking ``; 
                                and'' and inserting a period; and
                                    (III) by striking clause (v); and
                          (ii) in subparagraph (B), by inserting ``, and 
                      make recommendations to improve the quality of 
                      data collected pursuant to subparagraph (A) to 
                      ensure complete, accurate, and timely sharing of 
                      such data, as appropriate, across such elements as 
                      described in subparagraph (A)'' after ``under 
                      subparagraph (A)'';
                    (C) in paragraph (5)--
                          (i) in subparagraph (A)--
                                    (I) in the matter preceding clause 
                                (i), by striking ``and operating'' and 
                                inserting ``, operating, and updating, 
                                as appropriate,'';
                                    (II) in clause (iii)--
                                            (aa) by inserting ``that is 
                                        deidentified, as applicable,'' 
                                        after ``analyses''; and
                                            (bb) by inserting ``in 
                                        accordance with applicable 
                                        Federal and State privacy and 
                                        security law'' before the 
                                        semicolon at the end;
                                    (III) in clause (iv), by striking 
                                ``and'' at the end;
                                    (IV) in clause (v), by striking the 
                                period and inserting ``; and''; and
                                    (V) by adding at the end the 
                                following:
                          ``(vi) in collaboration with State, local, and 
                      Tribal public health officials, integrate and 
                      update applicable existing public health data 
                      systems and networks of the Department of Health 
                      and Human Services to reflect technological 
                      advancements, consistent with section 2823, as 
                      applicable.''; and
                          (ii) in subparagraph (B)--
                                    (I) in clause (i), by inserting 
                                ``and 180 days after the date of 
                                enactment of the PREVENT Pandemics 
                                Act,'' after ``Innovation Act of 
                                2019,'';
                                    (II) in clause (ii), by striking 
                                ``and other representatives as the 
                                Secretary determines appropriate'' and 
                                inserting ``experts in State-based 
                                public

[[Page 136 STAT. 5731]]

                                health data systems; experts in 
                                standards and implementation 
                                specifications, including transaction 
                                standards; and experts in privacy and 
                                data security''; and
                                    (III) in clause (iii)--
                                            (aa) in subclause (IV), by 
                                        inserting ``, including existing 
                                        public health data systems'' 
                                        before the semicolon;
                                            (bb) in subclause (V), by 
                                        striking ``and'' at the end;
                                            (cc) in subclause (VI), by 
                                        striking the period and 
                                        inserting a semicolon; and
                                            (dd) by adding at the end 
                                        the following:
                                    ``(VII) strategies to integrate 
                                laboratory and public health data 
                                systems and capabilities to support 
                                rapid and accurate reporting of 
                                laboratory test results and associated 
                                relevant data;
                                    ``(VIII) strategies to improve the 
                                collection, reporting, and dissemination 
                                of relevant, aggregated, deidentified 
                                demographic data to inform responses to 
                                public health emergencies, including 
                                identification of at-risk populations 
                                and to address potential health 
                                disparities; and
                                    ``(IX) strategies to improve the 
                                electronic exchange of health 
                                information, as appropriate, between 
                                State and local health departments and 
                                health care providers and facilities to 
                                improve the detection of, and responses 
                                to, potentially catastrophic infectious 
                                disease outbreaks.'';
                    (D) in paragraph (6)(A)--
                          (i) in the matter preceding clause (i), by 
                      inserting ``and every 5 years thereafter,'' after 
                      ``Innovation Act of 2019,''
                          (ii) in clause (iii)--
                                    (I) in subclause (III), by striking 
                                ``and'' at the end; and
                                    (II) by adding at the end the 
                                following:
                                    ``(V) improve coordination and 
                                collaboration, as appropriate, with 
                                other Federal departments to improve the 
                                capabilities of the network and reduce 
                                administrative burden on State, local, 
                                and Tribal entities; and
                                    ``(VI) implement applicable lessons 
                                learned from recent public health 
                                emergencies to address gaps in 
                                situational awareness and 
                                biosurveillance capabilities;'';
                          (iii) in clause (iv), by striking ``and'' at 
                      the end;
                          (iv) in clause (v), by striking the period and 
                      inserting ``, including a description of how such 
                      steps will further the goals of the network, 
                      consistent with paragraph (1); and''; and
                          (v) by adding at the end the following:
                          ``(vi) identifies and demonstrates measurable 
                      steps the Secretary will take to further develop 
                      and integrate infectious disease detection, 
                      support rapid, accurate, and secure sharing of 
                      laboratory test results, deidentified as 
                      appropriate, during a public health

[[Page 136 STAT. 5732]]

                      emergency, and improve coordination and 
                      collaboration with State, local, and Tribal public 
                      health officials, clinical laboratories, and other 
                      entities with expertise in public health 
                      surveillance.''; and
                    (E) by adding at the end the following:
            ``(9) Rules of construction.--
                    ``(A) Nothing in this subsection shall be construed 
                to supplant, in whole or in part, State, local, or 
                Tribal activities or responsibilities related to public 
                health surveillance.
                    ``(B) Nothing in this subsection shall be construed 
                to alter the authority of the Secretary with respect to 
                the types of data the Secretary may receive through 
                systems supported or established under this section.'';
            (4) in subsection (d)--
                    (A) in paragraph (2)--
                          (i) in subparagraph (A)--
                                    (I) by inserting ``deidentified'' 
                                before ``data, information''; and
                                    (II) by inserting ``, in 
                                consultation with such State or 
                                consortium of States'' before the 
                                semicolon;
                          (ii) in subparagraph (C), by inserting ``, 
                      including any public-private partnerships or other 
                      partnerships entered into to improve such 
                      capacity'' before the semicolon; and
                    (B) by adding at the end the following:
            ``(6) Non-duplication of effort.--The Secretary shall ensure 
        that activities carried out under an award under this subsection 
        do not unnecessarily duplicate efforts of other agencies and 
        offices within the Department of Health and Human Services.'';
            (5) by striking subsection (e);
            (6) by redesignating subsections (f), (g), (h), (i), and 
        (j), as subsections (e), (f), (g), (h), and (i), respectively;
            (7) by striking subsection (h), as redesignated by paragraph 
        (6), and inserting the following:

    ``(h) <<NOTE: Time periods.>>  Authorization of Appropriations.--
There are authorized to be appropriated--
            ``(1) to carry out subsection (a), $25,000,000 for each of 
        fiscal years 2022 and 2023; and
            ``(2) to carry out subsections (b), (c), and (d), 
        $136,800,000 for each of fiscal years 2022 and 2023.''; and
            (8) by striking ``tribal'' each place it appears and 
        inserting ``Tribal''.
SEC. 2212. GENOMIC SEQUENCING, ANALYTICS, AND PUBLIC HEALTH 
                          SURVEILLANCE OF PATHOGENS.

    (a) <<NOTE: 42 USC 300hh-34 note.>>  Guidance Supporting Genomic 
Sequencing of Pathogens Collaboration.--The Secretary of Health and 
Human Services (referred to in this section as the ``Secretary''), in 
consultation with the heads of other Federal departments or agencies, as 
appropriate, shall issue guidance to support collaboration relating to 
genomic sequencing of pathogens, including the use of new and innovative 
approaches and technology for the detection, characterization, and 
sequencing of pathogens, to improve public health surveillance and 
preparedness and response activities, consistent with section 2824 of 
the Public Health Service Act, as added by

[[Page 136 STAT. 5733]]

subsection (b). Such guidance shall address the secure sharing, for 
public health surveillance purposes, of specimens of such pathogens, 
between appropriate entities and public health authorities, consistent 
with the regulations promulgated under section 264(c) of the Health 
Insurance Portability and Accountability Act of 1996 (42 U.S.C. 1320d-2 
note), as applicable, and in a manner that protects personal privacy to 
the extent required by applicable privacy law, at a minimum, and the 
appropriate use of sequence data derived from such specimens.

    (b) Genomic Sequencing Program.--Title XXVIII of the Public Health 
Service Act (42 U.S.C. 300hh et seq.) is amended by adding at the end 
the following:
``SEC. 2824. <<NOTE: Grants. Contracts. 42 USC 300hh-34.>>  
                          GENOMIC SEQUENCING, ANALYTICS, AND 
                          PUBLIC HEALTH SURVEILLANCE OF PATHOGENS 
                          PROGRAM.

    ``(a) Genomic Sequencing, Analytics, and Public Health Surveillance 
of Pathogens Program.--The Secretary, acting through the Director of the 
Centers for Disease Control and Prevention and in consultation with the 
Director of the National Institutes of Health and heads of other 
departments and agencies, as appropriate, shall strengthen and expand 
activities related to genomic sequencing of pathogens, including through 
new and innovative approaches and technology for the detection, 
characterization, and sequencing of pathogens, analytics, and public 
health surveillance, including--
            ``(1) continuing and expanding activities, which may include 
        existing genomic sequencing activities related to advanced 
        molecular detection, to--
                    ``(A) identify and respond to emerging infectious 
                disease threats; and
                    ``(B) identify the potential use of genomic 
                sequencing technologies, advanced computing, and other 
                advanced technology to inform surveillance activities 
                and incorporate the use of such technologies, as 
                appropriate, into related activities;
            ``(2) providing technical assistance and guidance to State, 
        Tribal, local, and territorial public health departments to 
        increase the capacity of such departments to perform genomic 
        sequencing of pathogens, including recipients of funding under 
        section 2821;
            ``(3) carrying out activities to enhance the capabilities of 
        the public health workforce with respect to pathogen genomics, 
        epidemiology, and bioinformatics, including through training; 
        and
            ``(4) continuing and expanding activities, as applicable, 
        with public and private entities, including relevant departments 
        and agencies, laboratories, academic institutions, and industry.

    ``(b) Partnerships.--For the purposes of carrying out the activities 
described in subsection (a), the Secretary, acting through the Director 
of the Centers for Disease Control and Prevention, may award grants, 
contracts, or cooperative agreements to entities, including academic and 
other laboratories, with expertise in genomic sequencing for public 
health purposes, including new and innovative approaches to, and related 
technology for, the detection, characterization, and sequencing of 
pathogens.
    ``(c) Centers of Excellence.--

[[Page 136 STAT. 5734]]

            ``(1) In general.--The Secretary shall, as appropriate, 
        award grants, contracts, or cooperative agreements to public 
        health agencies for the establishment or operation of centers of 
        excellence to promote innovation in pathogen genomics and 
        molecular epidemiology to improve the control of and response to 
        pathogens that may cause a public health emergency. Such centers 
        shall, as appropriate--
                    ``(A) identify and evaluate the use of genomics, or 
                other related technologies that may advance public 
                health preparedness and response;
                    ``(B) improve the identification, development, and 
                use of tools for integrating and analyzing genomic and 
                epidemiologic data;
                    ``(C) assist with genomic surveillance of, and 
                response to, infectious diseases, including analysis of 
                pathogen genomic data;
                    ``(D) conduct applied research to improve public 
                health surveillance of, and response to, infectious 
                diseases through innovation in pathogen genomics and 
                molecular epidemiology; and
                    ``(E) develop and provide training materials for 
                experts in the fields of genomics, microbiology, 
                bioinformatics, epidemiology, and other fields, as 
                appropriate.
            ``(2) Requirements.--To be eligible for an award under 
        paragraph (1), an entity shall submit to the Secretary an 
        application containing such information as the Secretary may 
        require, including a description of how the entity will partner, 
        as applicable, with academic institutions or a consortium of 
        academic partners that have relevant expertise, such as 
        microbial genomics, molecular epidemiology, or the application 
        of bioinformatics or statistics.''.

    (c) Report to Congress.--Not later than 90 days after the date of 
enactment of the PREVENT Pandemics Act, and 90 days following 
expenditure of all funds under section 2402 of the American Rescue Plan 
Act of 2021 (Public Law 117-2), the Director of the Centers for Disease 
Control and Prevention shall submit a report to the Committee on Health, 
Education, Labor, and Pensions of the Senate and the Committee on Energy 
and Commerce of the House of Representatives outlining how funds awarded 
under such section 2402 were expended as of the date of such report.
SEC. 2213. SUPPORTING STATE, LOCAL, AND TRIBAL PUBLIC HEALTH DATA.

    (a) Designation of Public Health Data Standards.--Section 2823(a)(2) 
of the Public Health Service Act (42 U.S.C. 300hh-33(a)(2)) is amended--
            (1) by striking ``In carrying out'' and inserting the 
        following:
                    ``(A) In general.--In carrying out''; and
            (2) by striking ``shall, as appropriate and'' and inserting 
        ``shall, not later than 2 years after the date of enactment of 
        the PREVENT Pandemics Act,''; and
            (3) by adding at the end the following:
                    ``(B) No duplicative efforts.--
                          ``(i) In general.--In carrying out the 
                      requirements of this paragraph, the Secretary, in 
                      consultation with the Office of the National 
                      Coordinator for Health Information Technology, may 
                      use input gathered

[[Page 136 STAT. 5735]]

                      (including input and recommendations gathered from 
                      the Health Information Technology Advisory 
                      Committee), and materials developed, prior to the 
                      date of enactment of the PREVENT Pandemics Act.
                          ``(ii) Designation of standards.--Consistent 
                      with sections 13111 and 13112 of the HITECH Act, 
                      the data and technology standards designated 
                      pursuant to this paragraph shall align with the 
                      standards and implementation specifications 
                      previously adopted by the Secretary pursuant to 
                      section 3004, as applicable.
                    ``(C) Privacy and security.--Nothing in this 
                paragraph shall be construed as modifying applicable 
                Federal or State information privacy or security law.''.

    (b) <<NOTE: Reviews.>>  Study on Laboratory Information Standards.--
            (1) <<NOTE: Deadline.>>  In general.--Not later than 1 year 
        after the date of enactment of this Act, the Office of the 
        National Coordinator for Health Information Technology shall 
        conduct a study to review the use of standards for electronic 
        ordering and reporting of laboratory test results.
            (2) Areas of concentration.--In conducting the study under 
        paragraph (1), the Office of the National Coordinator for Health 
        Information Technology shall--
                    (A) <<NOTE: Determination.>>  determine the extent 
                to which clinical laboratories are using standards for 
                electronic ordering and reporting of laboratory test 
                results;
                    (B) <<NOTE: Assessment.>>  assess trends in 
                laboratory compliance with standards for ordering and 
                reporting laboratory test results and the effect of such 
                trends on the interoperability of laboratory data with 
                public health data systems;
                    (C) identify challenges related to collection and 
                reporting of demographic and other data elements with 
                respect to laboratory test results;
                    (D) identify any challenges associated with using or 
                complying with standards and reporting laboratory test 
                results with data elements identified in standards for 
                electronic ordering and reporting of such results; and
                    (E) review other relevant areas determined 
                appropriate by the Office of the National Coordinator 
                for Health Information Technology.
            (3) Report.--Not later than 2 years after the date of 
        enactment of this Act, the Office of the National Coordinator 
        for Health Information Technology shall submit to the Committee 
        on Health, Education, Labor, and Pensions of the Senate and the 
        Committee on Energy and Commerce of the House of Representatives 
        a report concerning the findings of the study conducted under 
        paragraph (1).

    (c) <<NOTE: Updates. Memorandums. 42 USC 300hh note.>>  Data Use 
Agreements.--
            (1) Interagency data use agreements within the department of 
        health and human services for public health emergencies.--
                    (A) In general.--The Secretary of Health and Human 
                Services (referred to in this subsection as the 
                ``Secretary'') shall, as appropriate, facilitate the 
                development of, or updates to, memoranda of 
                understanding, data use agreements, or other applicable 
                interagency agreements regarding appropriate access, 
                exchange, and use of public health data between the 
                Centers for Disease Control and

[[Page 136 STAT. 5736]]

                Prevention, the Office of the Assistant Secretary for 
                Preparedness and Response, other relevant agencies or 
                offices within the Department of Health and Human 
                Services, and other relevant Federal agencies, in order 
                to prepare for, identify, monitor, and respond to 
                declared or potential public health emergencies.
                    (B) Requirements.--In carrying out activities 
                pursuant to subparagraph (A), the Secretary shall--
                          (i) ensure that the agreements and memoranda 
                      of understanding described in such subparagraph--
                                    (I) address the methods of granting 
                                access to data held by one agency or 
                                office with another to support the 
                                respective missions of such agencies or 
                                offices;
                                    (II) consider minimum necessary 
                                principles of data sharing for 
                                appropriate use;
                                    (III) include appropriate privacy 
                                and cybersecurity protections; and
                                    (IV) are subject to regular updates, 
                                as appropriate;
                          (ii) collaborate with the Centers for Disease 
                      Control and Prevention, the Office of the 
                      Assistant Secretary for Preparedness and Response, 
                      the Office of the Chief Information Officer, and, 
                      as appropriate, the Office of the National 
                      Coordinator for Health Information Technology, and 
                      other entities within the Department of Health and 
                      Human Services; and
                          (iii) consider the terms and conditions of any 
                      existing data use agreements with other public or 
                      private entities and any need for updates to such 
                      existing agreements, consistent with paragraph 
                      (2).
            (2) Data use agreements with external entities.--The 
        Secretary, acting through the Director of the Centers for 
        Disease Control and Prevention and the Assistant Secretary for 
        Preparedness and Response, may update memoranda of 
        understanding, data use agreements, or other applicable 
        agreements and contracts to improve appropriate access, 
        exchange, and use of public health data between the Centers for 
        Disease Control and Prevention and the Office of the Assistant 
        Secretary for Preparedness and Response and external entities, 
        including State, Tribal, and territorial health departments, 
        laboratories, hospitals and other health care providers, 
        electronic health records vendors, and other entities, as 
        applicable and appropriate, in order to prepare for, identify, 
        monitor, and respond to declared or potential public health 
        emergencies.
            (3) Report.--Not later than 90 days after the date of 
        enactment of this Act, the Secretary shall report to the 
        Committee on Health, Education, Labor, and Pensions of the 
        Senate and the Committee on Energy and Commerce of the House of 
        Representatives on the status of the agreements under this 
        subsection.

    (d) Improving Information Sharing and Availability of Public Health 
Data.--Part A of title III of the Public Health Service Act (42 U.S.C. 
241 et seq.) is amended by adding at the end the following:

[[Page 136 STAT. 5737]]

``SEC. 310B. <<NOTE: 42 USC 242u.>>  IMPROVING STATE, LOCAL, AND 
                          TRIBAL INFORMATION SHARING.

    ``(a) In General.--The Secretary may, in consultation with State, 
local, and Tribal public health officials, carry out activities to 
improve the availability of appropriate and applicable public health 
data related to communicable diseases, and information sharing between, 
the Director of the Centers for Disease Control and Prevention, the 
Assistant Secretary for Preparedness and Response, and such State, 
local, and Tribal public health officials, which may include such data 
from--
            ``(1) health care providers and facilities;
            ``(2) public health and clinical laboratories;
            ``(3) health information exchanges and health information 
        networks; and
            ``(4) State, local, and Tribal health departments.

    ``(b) Content, Form, and Manner.--The Secretary shall, consistent 
with the requirements of this section, work with such officials and 
relevant stakeholders to provide information on the content, form, and 
manner in which such data, deidentified as applicable, may most 
effectively support the ability of State, local, and Tribal health 
departments to respond to such communicable diseases, including related 
to the collection and reporting of demographic and other relevant data 
elements. Such form and manner requirements shall align with the 
standards and implementation specifications adopted by the Secretary 
under section 3004, as applicable.
    ``(c) Decreased Burden.--In facilitating the coordination of efforts 
under subsection (a), the Secretary shall make reasonable efforts to 
limit reported public health data to the minimum necessary information 
needed to accomplish the intended public health purpose.
    ``(d) Exemption of Certain Public Health Data From Disclosure.--The 
Secretary, acting through the Director of the Centers for Disease 
Control and Prevention, may exempt from disclosure under section 
552(b)(3) of title 5, United States Code, public health data that are 
gathered under this section if--
            ``(1) an individual is identified through such data; or
            ``(2) there is at least a very small risk, as determined by 
        current scientific practices or statistical methods, that some 
        combination of the information, the request, and other available 
        data sources or the application of technology could be used to 
        deduce the identity of an individual.''.

    (e) <<NOTE: 42 USC 300hh-33 note.>>  Improving State, Local, and 
Tribal Public Health Data.--
            (1) <<NOTE: Grants. Contracts.>>  In general.--The Secretary 
        of Health and Human Services (referred to in this section as the 
        ``Secretary'') shall award grants, contracts, or cooperative 
        agreements to eligible entities for purposes of identifying, 
        developing, or disseminating best practices in electronic health 
        information and the use of designated data standards and 
        implementation specifications, including privacy standards, to 
        improve the quality and completeness of data, including 
        demographic data used for public health purposes.
            (2) Eligible entities.--To be eligible to receive an award 
        under this subsection an entity shall--
                    (A) be a health care provider, academic medical 
                center, community-based organization, State, local 
                governmental

[[Page 136 STAT. 5738]]

                entity, Indian Tribe or Tribal organization (as such 
                terms are defined in section 4 of the Indian Self 
                Determination and Education Assistance Act (25 U.S.C. 
                5304)), urban Indian organization (as defined in section 
                4 of the Indian Health Care Improvement Act (25 U.S.C. 
                1603)), or other appropriate public or private nonprofit 
                entity, or a consortia of any such entities; and
                    (B) submit an application to the Secretary at such 
                time, in such manner, and containing such information as 
                the Secretary may require.
            (3) Activities.--Entities receiving awards under this 
        subsection shall use such award to develop and test best 
        practices for training health care providers to use standards 
        and implementation specifications that assist in the capture, 
        access, exchange, and use of electronic health information, 
        deidentified as applicable, such as demographic information, 
        disability status, veteran status, and functional status. Such 
        activities shall include, at a minimum--
                    (A) improving, understanding, and using data 
                standards and implementation specifications;
                    (B) developing or identifying methods to improve 
                communication with patients in a culturally- and 
                linguistically-appropriate manner, including to better 
                capture information related to demographics of such 
                individuals;
                    (C) developing methods for accurately categorizing 
                and recording patient responses using available data 
                standards;
                    (D) educating providers regarding the utility of 
                such information for public health purposes and the 
                importance of accurate collection and recording of such 
                data; and
                    (E) providing information regarding how data will be 
                deidentified if used for such public health purposes, as 
                applicable and appropriate.
            (4) Reporting.--
                    (A) Reporting by award recipients.--Each recipient 
                of an award under this subsection shall submit to the 
                Secretary a report on the results of best practices 
                identified, developed, or disseminated through such 
                award.
                    (B) <<NOTE: Recommenda- tions.>>  Report to 
                congress.--Not later than 1 year after the completion of 
                the program under this subsection, the Secretary shall 
                submit a report to Congress on the success of best 
                practices developed under such program, opportunities 
                for further dissemination of such best practices, and 
                recommendations for improving the capture, access, 
                exchange, and use of information to improve public 
                health and reduce health disparities.
            (5) Non-duplication of efforts.--The Secretary shall ensure 
        that the activities and programs carried out under this 
        subsection are free of unnecessary duplication of effort.

    (f) <<NOTE: 42 USC 242u note.>>  Rules of Construction.--Nothing in 
this section shall be construed to--
            (1) supplant, in whole or in part, State, local, or Tribal 
        activities or responsibilities related to public health 
        surveillance, as applicable;
            (2) alter the authority of the Secretary with respect to the 
        types of data the Secretary may receive through systems 
        supported or established in this section or other laws; or

[[Page 136 STAT. 5739]]

            (3) modify applicable Federal or State information privacy 
        or security law.
SEC. 2214. EPIDEMIC FORECASTING AND OUTBREAK ANALYTICS.

    Title XXVIII of the Public Health Service Act (42 U.S.C. 300hh et 
seq.), as amended by section 2212, is further amended by adding at the 
end the following:
``SEC. 2825. <<NOTE: 42 USC 300hh-35.>>  EPIDEMIC FORECASTING AND 
                          OUTBREAK ANALYTICS.

    ``(a) In General.--The Secretary, acting through the Director of the 
Centers for Disease Control and Prevention, shall continue activities 
related to the development of infectious disease outbreak analysis 
capabilities to enhance the prediction, modeling, and forecasting of 
potential public health emergencies and other infectious disease 
outbreaks, which may include activities to support preparedness for, and 
response to, such emergencies and outbreaks. In carrying out this 
subsection, the Secretary shall identify strategies to include and 
leverage, as appropriate, the capabilities to public and private 
entities, which may include conducting such activities through 
collaborative partnerships with public and private entities, including 
academic institutions, and other Federal agencies, consistent with 
section 319D, as applicable.
    ``(b) Considerations.--In carrying out subsection (a), the 
Secretary, acting through the Director of the Centers for Disease 
Control and Prevention, may consider public health data and, as 
appropriate, other data sources related to preparedness for, or response 
to, public health emergencies and infectious disease outbreaks.
    ``(c) <<NOTE: Time period.>>  Annual Reports.--Not later than 1 year 
after the date of enactment of this section, and annually thereafter for 
each of the subsequent 4 years, the Secretary shall prepare and submit a 
report, to the Committee on Health, Education, Labor, and Pensions of 
the Senate and the Committee on Energy and Commerce of the House of 
Representatives, regarding an update on progress on activities conducted 
under this section to develop infectious disease outbreak analysis 
capabilities and any additional information relevant to such efforts.''.
SEC. 2215. PUBLIC HEALTH DATA TRANSPARENCY.

    (a) <<NOTE: Assessment.>>  Report.--Not later than 1 year after the 
date of enactment of this Act, the Secretary of Health and Human 
Services shall issue a report assessing practices, objectives, and 
associated progress and challenges in achieving such objectives, of the 
Centers of Disease Control and Prevention with respect to the collection 
and dissemination of public health data related to a public health 
emergency declared under section 319 of the Public Health Service Act 
(42 U.S.C. 247d) or a potential public health emergency.

    (b) <<NOTE: Deadline.>>  Plan.--Not later than 180 days following 
the issuance of the report pursuant to paragraph (1), the Director of 
the Centers for Disease Control and Prevention shall submit to the 
Committee on Health, Education, Labor, and Pensions of the Senate and 
the Committee on Energy and Commerce of the House of Representatives a 
plan that shall include--
            (1) steps to improve the timely reporting and dissemination 
        of deidentified public health data related to a public health 
        emergency declared under section 319 of the Public Health 
        Service Act (42 U.S.C. 247d) or a potential public health 
        emergency that is collected by the Centers for Disease Control 
        and Prevention, including any associated barriers;

[[Page 136 STAT. 5740]]

            (2) <<NOTE: Recommenda- tions.>>  recommendations to 
        Congress regarding gaps in such practices and objectives 
        described in subsection (a); and
            (3) considerations regarding the requirements and 
        limitations of data use agreements for such purposes, as 
        applicable, and any efforts undertaken to address those 
        requirements and limitations.
SEC. 2216. GAO REPORT ON PUBLIC HEALTH PREPAREDNESS, RESPONSE, AND 
                          RECOVERY DATA CAPABILITIES.

    (a) Study.--The Comptroller General of the United States (referred 
to in this section as the ``Comptroller General'') shall conduct a study 
on the efforts of the Department of Health and Human Services to ensure 
that public health preparedness, response, and recovery data 
capabilities related to pandemic and other biological threats are not 
unnecessarily duplicative, overlapping, or fragmented. Such study shall 
include--
            (1) <<NOTE: List.>>  a comprehensive list of all public 
        health preparedness, response, and recovery data collection, 
        such as incidence and prevalence of disease tracking, 
        hospitalizations, critical care capacity, and testing programs, 
        at the Department of Health and Human Services, as identified by 
        the department and its component agencies;
            (2) <<NOTE: Analysis.>>  an analysis of any duplication, 
        overlap, or fragmentation of the programs identified in 
        paragraph (1);
            (3) identification of any efforts of the Department of 
        Health and Human Services to reduce unnecessary duplication and 
        improve coordination, efficiency, and effectiveness of such 
        programs and any associated challenges;
            (4) <<NOTE: Recommenda- tions.>>  any practices that 
        threaten individual privacy and recommendations to improve the 
        protection of individual, identifiable data; and
            (5) a description of the funding and other resources 
        dedicated to the operation of each such program identified in 
        paragraph (1).

    (b) Reporting.--
            (1) In general.--Based on the study conducted under 
        subsection (a), the Comptroller General shall--
                    (A) <<NOTE: Briefing.>>  not later than 6 months 
                after the date of enactment of this Act, provide a 
                briefing to the Committee on Health, Education, Labor, 
                and Pensions of the Senate and the Committee on Energy 
                and Commerce of the House of Representatives; and
                    (B) not later than 18 months after the date of 
                enactment of this Act, submit to the Committee on 
                Health, Education, Labor, and Pensions of the Senate and 
                the Committee on Energy and Commerce of the House of 
                Representatives a complete report on such study.
            (2) Recommendations.--The report under paragraph (1)(B) 
        shall include recommendations, as appropriate, with respect to 
        public health preparedness, response, and recovery data programs 
        at the Department of Health and Human Services, to--
                    (A) streamline data collection and reduce 
                fragmentation and address any associated challenges;
                    (B) reduce duplication in such programs; and
                    (C) improve information-sharing across programs.

[[Page 136 STAT. 5741]]

           CHAPTER 3--REVITALIZING THE PUBLIC HEALTH WORKFORCE

SEC. 2221. IMPROVING RECRUITMENT AND RETENTION OF THE FRONTLINE 
                          PUBLIC HEALTH WORKFORCE.

    (a) In General.--Section 776 of the Public Health Service Act (42 
U.S.C. 295f-1) is amended--
            (1) in subsection (a)--
                    (A) by striking ``supply of'' and inserting ``supply 
                of, and encourage recruitment and retention of,''; and
                    (B) by striking ``Federal,'';
            (2) in subsection (b)--
                    (A) by amending paragraph (1)(A) to read as follows:
            ``(1)(A)(i) be accepted for enrollment, or be enrolled, as a 
        student in an accredited institution of higher education or 
        school of public health in the final semester (or equivalent) of 
        a program leading to a certificate or degree, including a 
        master's or doctoral degree, in public health, epidemiology, 
        laboratory sciences, data systems, data science, data analytics, 
        informatics, statistics, or another subject matter related to 
        public health; and
            ``(ii) be employed by, or have accepted employment with, a 
        State, local, or Tribal public health agency, or a related 
        training fellowship at such State, local, or Tribal public 
        health agency, as recognized by the Secretary, to commence upon 
        graduation; or''; and
                    (B) in paragraph (1)(B)--
                          (i) in clause (i)--
                                    (I) by striking ``accredited 
                                educational institution in a State or 
                                territory'' and inserting ``accredited 
                                institution of higher education or 
                                school of public health''; and
                                    (II) by striking ``a public health 
                                or health professions degree or 
                                certificate'' and inserting ``a 
                                certificate or degree, including a 
                                master's or doctoral degree, in public 
                                health, epidemiology, laboratory 
                                sciences, data systems, data science, 
                                data analytics, informatics, statistics, 
                                or another subject matter related to 
                                public health''; and
                          (ii) in clause (ii)--
                                    (I) by striking ``Federal,''; and
                                    (II) by striking ``fellowship,'' and 
                                inserting ``fellowship at such State, 
                                local, or Tribal public health 
                                agency,'';
            (3) in subsection (c)(2)--
                    (A) by striking ``Federal,''; and
                    (B) by striking ``equal to the greater of--'' and 
                all that follows through the end of subparagraph (B) and 
                inserting ``of at least 3 consecutive years;'';
            (4) in subsection (d)--
                    (A) by amending paragraph (1) to read as follows:
            ``(1) <<NOTE: Loans.>>  In general.--A loan repayment 
        provided for an individual under a written contract under the 
        Program shall consist of payment, in accordance with paragraph 
        (2), for the individual toward the outstanding principal and 
        interest on education loans incurred by the individual in the 
        pursuit of the relevant

[[Page 136 STAT. 5742]]

        degree or certificate described in subsection (b)(1) in 
        accordance with the terms of the contract.''; and
                    (B) in paragraph (2)--
                          (i) by striking ``For each year'' and 
                      inserting the following:
                    ``(A) In general.--For each year'';
                          (ii) by striking ``$35,000'' and inserting 
                      ``$50,000'';
                          (iii) by striking ``$105,000'' and inserting 
                      ``$150,000''; and
                          (iv) by adding at the end the following:
                    ``(B) Considerations.--The Secretary may take action 
                in making awards under this section to ensure that--
                          ``(i) an appropriate proportion of contracts 
                      are awarded to individuals who are eligible to 
                      participate in the program pursuant to subsection 
                      (b)(1)(A); and
                          ``(ii) contracts awarded under this section 
                      are equitably distributed among--
                                    ``(I) the geographical regions of 
                                the United States;
                                    ``(II) local, State, and Tribal 
                                public health departments; and
                                    ``(III) such public health 
                                departments under subclause (II) serving 
                                rural and urban areas.'';
            (5) in subsection (e), by striking ``receiving a degree or 
        certificate from a health professions or other related school'' 
        and inserting ``with a contract to serve under subsection (c)'';
            (6) <<NOTE: Loans. Waiver authority.>>  in subsection (f), 
        by adding at the end the following: ``In the event that a 
        participant fails to either begin or complete the obligated 
        service requirement of the loan repayment contract under this 
        section, the Secretary may waive or suspend either the 
        unfulfilled service or the assessed damages as provided for 
        under section 338E(d), as appropriate.'';
            (7) by redesignating subsection (g) as subsection (i);
            (8) by inserting after subsection (f) the following:

    ``(g) Eligible Loans.--The loans eligible for repayment under this 
section are each of the following:
            ``(1) Any loan for education or training for employment by a 
        health department.
            ``(2) Any loan under part E of title VIII (relating to 
        nursing student loans).
            ``(3) Any Federal Direct Stafford Loan, Federal Direct PLUS 
        Loan, Federal Direct Unsubsidized Stafford Loan, or Federal 
        Direct Consolidation Loan (as such terms are used in section 455 
        of the Higher Education Act of 1965).
            ``(4) Any Federal Perkins Loan under part E of title I of 
        the Higher Education Act of 1965.
            ``(5) Any other Federal loan, as the Secretary determines 
        appropriate.

    ``(h) <<NOTE: Loans.>>  Pilot Program.--
            ``(1) In general.--The Secretary shall, as appropriate, 
        establish a pilot program, to be known as the Bio-Preparedness 
        Workforce Pilot Program, to provide for loan repayment for 
        health professionals with expertise in infectious diseases and 
        emergency preparedness and response activities to ensure an 
        adequate supply of such professionals. Such program shall be 
        administered consistent with the requirements of this section,

[[Page 136 STAT. 5743]]

        except that, to be eligible to participate in the pilot program, 
        an individual shall--
                    ``(A)(i) be accepted for enrollment, or be enrolled, 
                as a student in an accredited institution of higher 
                education in the final semester (or equivalent) of a 
                program leading to a health professions degree or 
                certificate program relevant to such program; or
                    ``(ii) <<NOTE: Time period.>>  have graduated, 
                during the preceding 10-year period, from an accredited 
                institution of higher education with a health 
                professions degree or certificate program relevant to 
                such program; and
                    ``(B) be employed by, or have accepted employment 
                with--
                          ``(i) a Federal health care facility;
                          ``(ii) a nonprofit health care facility that 
                      is located in a health professional shortage area 
                      (as defined in section 332), a frontier health 
                      professional shortage area (as defined in section 
                      799B), or a medically underserved community (as 
                      defined in section 799B);
                          ``(iii) an entity receiving assistance under 
                      title XXVI for the provision of clinical services;
                          ``(iv) a health program, or a facility, 
                      operated by an Indian Tribe or Tribal organization 
                      (as those terms are defined in section 4 of the 
                      Indian Self-Determination and Education Assistance 
                      Act) or by an urban Indian organization (as 
                      defined in section 4 of the Indian Health Care 
                      Improvement Act); or
                          ``(v) <<NOTE: Determination.>>  another 
                      relevant entity determined appropriate by the 
                      Secretary, as a health professional with expertise 
                      in infectious diseases or emergency preparedness 
                      and response.
            ``(2) Non-duplication of effort.--The Secretary shall ensure 
        that the pilot program established under paragraph (1) does not 
        unnecessarily duplicate the National Health Service Corps Loan 
        Repayment Program, or any other loan repayment program operated 
        by the Department of Health and Human Services.
            ``(3) Evaluation and report to congress.--
                    ``(A) In general.--The Secretary shall evaluate the 
                pilot program at the conclusion of the first cycle of 
                recipients funded by the pilot program.
                    ``(B) Report.--
                          ``(i) In general.--The Secretary shall submit 
                      to the Committee on Health, Education, Labor, and 
                      Pensions of the Senate and the Committee on Energy 
                      and Commerce of the House of Representatives a 
                      report on the evaluation under subparagraph (A). 
                      The report shall include, at a minimum, outcomes 
                      information from the pilot program, including any 
                      impact on recruitment and retention of health 
                      professionals with expertise in infectious 
                      diseases and emergency preparedness and response 
                      activities.
                          ``(ii) Recommendation.--The report under this 
                      subparagraph shall include a recommendation by the 
                      Secretary as to whether the pilot program under 
                      this subsection should be extended.'';

[[Page 136 STAT. 5744]]

            (9) in subsection (i), as so redesignated, by striking 
        ``$195,000,000 for fiscal year 2010, and such sums as may be 
        necessary for each of fiscal years 2011 through 2015'' and 
        inserting ``$100,000,000 for each of fiscal years 2023 through 
        2025''; and
            (10) by striking ``tribal'' each place such term appears and 
        inserting ``Tribal''.

    (b) GAO Study on Public Health Workforce.--Not later than 2 years 
after the date of enactment of this Act, the Comptroller General of the 
United States shall--
            (1) <<NOTE: Evaluation.>>  conduct an evaluation of what is 
        known about the public health workforce in the United States, 
        which shall address--
                    (A) existing gaps in the Federal, State, local, 
                Tribal, and territorial public health workforce, 
                including positions that may be required to prepare for, 
                and respond to, a public health emergency such as COVID-
                19;
                    (B) challenges associated with the hiring, 
                recruitment, and retention of the Federal, State, local, 
                Tribal, and territorial public health workforce; and
                    (C) Federal efforts to improve hiring, recruitment, 
                and retention of the public health workforce; and
            (2) <<NOTE: Reports.>>  submit to the Committee on Health, 
        Education, Labor, and Pensions of the Senate and the Committee 
        on Energy and Commerce of the House of Representatives a report 
        on such review.
SEC. 2222. AWARDS TO SUPPORT COMMUNITY HEALTH WORKERS AND 
                          COMMUNITY HEALTH.

    (a) In General.--Section 399V of the Public Health Service Act (42 
U.S.C. 280g-11) is amended--
            (1) by amending the section heading to read as follows: 
        ``awards to support community health workers and community 
        health'';
            (2) by amending subsection (a) to read as follows:

    ``(a) <<NOTE: Grants. Contracts.>>  In General.--The Secretary shall 
award grants, contracts, or cooperative agreements to eligible entities 
to promote positive health behaviors and outcomes for populations in 
medically underserved communities by leveraging community health 
workers, including by addressing ongoing and longer-term community 
health needs, and by building the capacity of the community health 
worker workforce. Such grants, contracts, and cooperative agreements 
shall be awarded in alignment and coordination with existing funding 
arrangements supporting community health workers.'';
            (3) in subsection (b)--
                    (A) in the matter preceding paragraph (1)--
                          (i) by striking ``Grants awarded'' and 
                      inserting ``Subject to any requirements for the 
                      scope of licensure, registration, or certification 
                      of a community health worker under applicable 
                      State law, grants, contracts, and cooperative 
                      agreements awarded''; and
                          (ii) by striking ``support community health 
                      workers'';
                    (B) by redesignating paragraphs (3) through (5) as 
                paragraphs (4) through (6), respectively;
                    (C) by striking paragraphs (1) and (2) and inserting 
                the following:

[[Page 136 STAT. 5745]]

            ``(1) recruit, hire, train, and retain community health 
        workers that reflect the needs of the community;
            ``(2) support community health workers in providing 
        education and outreach, in a community setting, regarding--
                    ``(A) health conditions prevalent in--
                          ``(i) medically underserved communities (as 
                      defined in section 799B), particularly racial and 
                      ethnic minority populations; and
                          ``(ii) other such at-risk populations or 
                      geographic areas that may require additional 
                      support during public health emergencies, which 
                      may include counties identified by the Secretary 
                      using applicable measures developed by the Centers 
                      for Disease Control and Prevention or other 
                      Federal agencies; and
                    ``(B) addressing health disparities, including by--
                          ``(i) promoting awareness of services and 
                      resources to increase access to health care, 
                      mental health and substance use disorder services, 
                      child services, technology, housing services, 
                      educational services, nutrition services, 
                      employment services, and other services; and
                          ``(ii) assisting in conducting individual and 
                      community needs assessments;
            ``(3) educate community members, including regarding 
        effective strategies to promote healthy behaviors;'';
                    (D) in paragraph (4), as so redesignated, by 
                striking ``to educate'' and inserting ``educate'';
                    (E) in paragraph (5), as so redesignated--
                          (i) by striking ``to identify'' and inserting 
                      ``identify'';
                          (ii) by striking ``healthcare agencies'' and 
                      inserting ``health care agencies''; and
                          (iii) by striking ``healthcare services and to 
                      eliminate duplicative care; or'' and inserting 
                      ``health care services and to streamline care, 
                      including serving as a liaison between communities 
                      and health care agencies; and''; and
                    (F) in paragraph (6), as so redesignated--
                          (i) by striking ``to educate, guide, and 
                      provide'' and inserting ``support community health 
                      workers in educating, guiding, or providing''; and
                          (ii) by striking ``maternal health and 
                      prenatal care'' and inserting ``chronic diseases, 
                      maternal health, prenatal, and postpartum care in 
                      order to improve maternal and infant health 
                      outcomes'';
            (4) in subsection (c), by striking ``Each eligible entity'' 
        and all that follows through ``accompanied by'' and inserting 
        ``To be eligible to receive an award under subsection (a), an 
        entity shall prepare and submit to the Secretary an application 
        at such time, in such manner, and containing'';
            (5) in subsection (d)--
                    (A) in the matter preceding paragraph (1), by 
                striking ``awarding grants'' and inserting ``making 
                awards'';
                    (B) by amending paragraph (1) to read as follows:
            ``(1) propose to serve--
                    ``(A) areas with populations that have a high rate 
                of chronic disease, infant mortality, or maternal 
                morbidity and mortality;

[[Page 136 STAT. 5746]]

                    ``(B) low-income populations, including medically 
                underserved populations (as defined in section 
                330(b)(3));
                    ``(C) populations residing in health professional 
                shortage areas (as defined in section 332(a));
                    ``(D) populations residing in maternity care health 
                professional target areas identified under section 
                332(k); or
                    ``(E) rural or traditionally underserved 
                populations, including racial and ethnic minority 
                populations or low-income populations;'';
                    (C) in paragraph (2), by striking ``; and'' and 
                inserting ``, including rural populations and racial and 
                ethnic minority populations;'';
                    (D) in paragraph (3), by striking ``with community 
                health workers.'' and inserting ``and established 
                relationships with community health workers in the 
                communities expected to be served by the program;'' and
                    (E) by adding at the end the following:
            ``(4) <<NOTE: Plan.>>  develop a plan for providing services 
        to the extent practicable, in the language and cultural context 
        most appropriate to individuals expected to be served by the 
        program; and
            ``(5) propose to use evidence-informed or evidence-based 
        practices, as applicable and appropriate.'';
            (6) in subsection (e)--
                    (A) by striking ``community health worker programs'' 
                and inserting ``eligible entities''; and
                    (B) by striking ``and one-stop delivery systems 
                under section 121(e)'' and inserting ``, health 
                professions schools, minority-serving institutions 
                (defined, for purposes of this subsection, as 
                institutions and programs described in section 326(e)(1) 
                of the Higher Education Act of 1965 and institutions 
                described in section 371(a) of such Act), area health 
                education centers under section 751 of this Act, and 
                one-stop delivery systems under section 121'';
            (7) by striking subsections (f), (g), (h), (i), and (j) and 
        inserting the following:

    ``(f) Technical Assistance.--The Secretary may provide to eligible 
entities that receive awards under subsection (a) technical assistance 
with respect to planning, development, and operation of community health 
worker programs authorized or supported under this section.
    ``(g) <<NOTE: Deadline.>>  Dissemination of Best Practices.--Not 
later than 4 years after the date of enactment of the PREVENT Pandemics 
Act, the Secretary shall, based on activities carried out under this 
section and in consultation with relevant stakeholders, identify and 
disseminate evidence-based or evidence-informed practices regarding 
recruitment and retention of community health workers and 
paraprofessionals to address ongoing public health and community health 
needs, and to prepare for, and respond to, future public health 
emergencies.

    ``(h) Report to Congress.--Not later than 4 years after the date of 
enactment of the PREVENT Pandemics Act, the Secretary shall submit to 
the Committee on Health, Education, Labor, and Pensions and the 
Committee on Appropriations of the Senate and the Committee on Energy 
and Commerce and the Committee on Appropriations of the House of 
Representatives a report concerning

[[Page 136 STAT. 5747]]

the effectiveness of the program under this section in addressing 
ongoing public health and community health needs. <<NOTE: Recommenda- 
tions.>>  Such report shall include recommendations regarding any 
improvements to such program, including recommendations for how to 
improve recruitment, training, and retention of the community health 
workforce.

    ``(i) <<NOTE: Time period.>>  Authorization of Appropriations.--For 
purposes of carrying out this section, there are authorized to be 
appropriated $50,000,000 for each of fiscal years 2023 through 2027.'';
            (8) by redesignating subsection (k) as subsection (j); and
            (9) in subsection (j), as so redesignated--
                    (A) by striking paragraphs (1), (2), and (4);
                    (B) by redesignating paragraph (3) as paragraph (1);
                    (C) in paragraph (1), as so redesignated--
                          (i) by striking ``entity (including a State or 
                      public subdivision of a State'' and inserting 
                      ``entity, including a State or political 
                      subdivision of a State, an Indian Tribe or Tribal 
                      organization, an urban Indian organization, a 
                      community-based organization''; and
                          (ii) by striking ``as defined in section 
                      1861(aa) of the Social Security Act))'' and 
                      inserting ``(as defined in section 1861(aa)(4) of 
                      the Social Security Act)''; and
                    (D) <<NOTE: Definitions.>>  by adding at the end the 
                following:
            ``(2) Indian tribe; tribal organization.--The terms `Indian 
        Tribe' and `Tribal organization' have the meanings given the 
        terms `Indian tribe' and `tribal organization', respectively, in 
        section 4 of the Indian Self-Determination and Education 
        Assistance Act.
            ``(3) Urban indian organization.--The term `urban Indian 
        organization' has the meaning given such term in section 4 of 
        the Indian Health Care Improvement Act.''.

    (b) <<NOTE: Review.>>  GAO Study and Report.--Not later than 1 year 
after the date of submission of the report under subsection (h) of 
section 399V of the Public Health Service Act (42 U.S.C. 280g-11), as 
amended by subsection (a), the Comptroller General of the United States 
shall submit to the Committee on Health, Education, Labor, and Pensions 
of the Senate and the Committee on Energy and Commerce of the House of 
Representatives a report on the program authorized under such section 
399V, including a review of the efforts of the Secretary of Health and 
Human Services to coordinate such program with applicable programs of 
the Health Resources and Services Administration to ensure there is no 
unnecessary duplication of efforts among such programs, and 
identification of any areas of duplication.
SEC. 2223. IMPROVING PUBLIC HEALTH EMERGENCY RESPONSE CAPACITY.

    (a) Certain Appointments to Support Public Health Emergency 
Responses.--Section 319 of the Public Health Service Act (42 U.S.C. 
247d) is amended by adding at the end the following:
    ``(g) Certain Appointments to Support Public Health Emergency 
Responses.--
            ``(1) <<NOTE: Public information.>>  In general.--In order 
        to support the initial response to a public health emergency 
        declared by the Secretary under this section, the Secretary may, 
        subject to paragraph (2) and without regard to sections 3309 
        through 3318 of title 5, United States Code, appoint individuals 
        directly to positions in the

[[Page 136 STAT. 5748]]

        Department of Health and Human Services for which the Secretary 
        has provided public notice in order to--
                    ``(A) address a critical hiring need directly 
                related to responding to a public health emergency 
                declared by the Secretary under this section; or
                    ``(B) address a severe shortage of candidates that 
                impacts the operational capacity of the Department of 
                Health and Human Services to respond in the event of a 
                public health emergency declared by the Secretary under 
                this section.
            ``(2) <<NOTE: Determination.>>  Number of appointments.--
        Each fiscal year in which the Secretary makes a determination of 
        a public health emergency under subsection (a) (not including a 
        renewal), the Secretary may directly appoint not more than--
                    ``(A) 400 individuals under paragraph (1)(A); and
                    ``(B) 100 individuals under paragraph (1)(B).
            ``(3) Compensation.--The annual rate of basic pay of an 
        individual appointed under this subsection shall be determined 
        in accordance with chapter 51 and subchapter III of chapter 53 
        of title 5, United States Code.
            ``(4) <<NOTE: Records.>>  Reporting.--The Secretary shall 
        establish and maintain records regarding the use of the 
        authority under this subsection, including--
                    ``(A) the number of positions filled through such 
                authority;
                    ``(B) the types of appointments of such positions;
                    ``(C) the titles, occupational series, and grades of 
                such positions;
                    ``(D) the number of positions publicly noticed to be 
                filled under such authority;
                    ``(E) the number of qualified applicants who apply 
                for such positions;
                    ``(F) the qualification criteria for such positions; 
                and
                    ``(G) the demographic information of individuals 
                appointed to such positions.
            ``(5) <<NOTE: Time period. Deadline.>>  Notification to 
        congress.--In the event the Secretary, within a single fiscal 
        year, directly appoints more than 50 percent of the individuals 
        allowable under either subparagraph (A) or (B) of paragraph (2), 
        the Secretary shall, not later than 15 days after the date of 
        such action, notify the Committee on Health, Education, Labor, 
        and Pensions of the Senate and the Committee on Energy and 
        Commerce of the House of Representatives. Such notification 
        shall, in a manner that protects personal privacy, to the extent 
        required by applicable Federal and State privacy law, at a 
        minimum, include--
                    ``(A) information on each such appointment within 
                such fiscal year;
                    ``(B) a description of how each such position 
                relates to the requirements of subparagraph (A) or (B) 
                of paragraph (1); and
                    ``(C) the additional number of personnel, if any, 
                the Secretary anticipates to be necessary to adequately 
                support a response to a public health emergency declared 
                under this section using the authorities described in 
                paragraph (1) within such fiscal year.

[[Page 136 STAT. 5749]]

            ``(6) Reports to congress.--Not later than September 30, 
        2023, and annually thereafter for each fiscal year in which the 
        authority under this subsection is used, the Secretary shall 
        submit to the Committee on Health, Education, Labor, and 
        Pensions of the Senate and the Committee on Energy and Commerce 
        of the House of Representatives a report describing the total 
        number of appointments filled under this subsection within the 
        fiscal year and a description of how the positions relate to the 
        requirements of subparagraph (A) or (B) of paragraph (1).
            ``(7) Sunset.--The authority under this subsection shall 
        expire on September 30, 2028.''.

    (b) GAO Report.--Not later than 1 year after the issuance of the 
initial report under subsection (g)(6) of section 319 of the Public 
Health Service Act (42 U.S.C. 247d), as added by subsection (a), and 
again 180 days after the date on which the authority provided under 
section 319(g) of such Act expires pursuant to paragraph (7) of such 
section, the Comptroller General of the United States shall submit to 
the Committee on Health, Education, Labor, and Pensions of the Senate 
and the Committee on Energy and Commerce of the House of Representatives 
a report on the use of the authority provided under such section. Such 
report shall, in a manner that protects personal privacy, at a minimum, 
include information on--
            (1) the number of positions publicly noticed and filled 
        under the authority of each of subparagraphs (A) and (B) of such 
        section 319(g)(1);
            (2) the occupational series, grades, and types of 
        appointments of such positions;
            (3) how such positions related to addressing a need or 
        shortage described in subparagraph (A) or (B) of such section;
            (4) how the Secretary of Health and Human Services made 
        appointment decisions under each of subparagraphs (A) and (B) of 
        such section;
            (5) sources used to identify candidates for filling such 
        positions;
            (6) the number of individuals appointed under each such 
        subparagraph;
            (7) aggregated demographic information related to 
        individuals appointed under each such subparagraph; and
            (8) <<NOTE: Recommenda- tions.>>  any challenges, 
        limitations, or gaps related to the use of the authority under 
        each such subparagraph and any related recommendations to 
        address such challenges, limitations, or gaps.
SEC. 2224. INCREASING EDUCATIONAL OPPORTUNITIES FOR ALLIED HEALTH 
                          PROFESSIONS.

    Section 755(b) of the Public Health Service Act (42 U.S.C. 294e(b)) 
is amended by adding at the end the following:
            ``(4) Increasing educational opportunities in physical 
        therapy, occupational therapy, respiratory therapy, audiology, 
        and speech-language pathology professions, which may include 
        offering scholarships or stipends and carrying out other 
        activities to improve retention, for individuals from 
        disadvantaged backgrounds or individuals who are 
        underrepresented in such professions.''.

[[Page 136 STAT. 5750]]

SEC. 2225. PUBLIC HEALTH SERVICE CORPS ANNUAL AND SICK LEAVE.

    (a) In General.--Section 219 of the Public Health Service Act (42 
U.S.C. 210-1) is amended--
            (1) in subsection (a)--
                    (A) by striking ``Reserve Corps'' and inserting 
                ``Ready Reserve Corps''; and
                    (B) by striking ``: Provided, That such regulations 
                shall not authorize annual leave to be accumulated in 
                excess of sixty days'';
            (2) by inserting after subsection (a) the following:

    ``(b) <<NOTE: Time period.>>  The regulations described in 
subsection (a) may authorize accumulated annual leave of not more than 
120 days for any commissioned officer of the Regular Corps or officer of 
the Ready Reserve Corps on active duty.''; and
            (3) by redesignating subsection (d) as subsection (c).

    (b) <<NOTE: 42 USC 210-1 note.>>  Application.--The amendments made 
by subsection (a) shall apply with respect to accumulated annual leave 
(as defined in section 219 of the Public Health Service Act (42 U.S.C. 
210-1)) that a commissioned officer of the Regular Corps or officer of 
the Ready Reserve Corps on active duty would, but for the regulations 
described in such section, lose at the end of fiscal year 2022 or a 
subsequent fiscal year.
SEC. 2226. LEADERSHIP EXCHANGE PILOT FOR PUBLIC HEALTH AND MEDICAL 
                          PREPAREDNESS AND RESPONSE POSITIONS AT 
                          THE DEPARTMENT OF HEALTH AND HUMAN 
                          SERVICES.

    Title XXVIII of the Public Health Service Act (42 U.S.C. 300hh et 
seq.), as amended by section 2214, is further amended by adding at the 
end the following:
``SEC. 2826. <<NOTE: 42 USC 300hh-36.>>  LEADERSHIP EXCHANGE PILOT 
                          FOR PUBLIC HEALTH AND MEDICAL 
                          PREPAREDNESS AND RESPONSE POSITIONS AT 
                          THE DEPARTMENT OF HEALTH AND HUMAN 
                          SERVICES.

    ``(a) <<NOTE: Deadline.>>  In General.--The Secretary may, not later 
than 1 year after the date of enactment of the PREVENT Pandemics Act, 
establish a voluntary program to provide additional training to 
individuals in eligible positions, as described in subsection (c), to 
support the continuous professional development of such individuals.

    ``(b) Criteria.--
            ``(1) Duration.--The program under subsection (a) shall 
        provide for fellowships, details, or other relevant placements 
        with Federal agencies or departments, or State or local health 
        departments, pursuant to the guidance issued under paragraph 
        (2), for a maximum period of 2 years.
            ``(2) Guidance.--The Secretary shall issue guidance 
        establishing criteria for identifying placements that 
        demonstrate ongoing sufficient mastery of knowledge, skills, and 
        abilities to satisfy the field experience criteria under the 
        program established under subsection (a), including assignments 
        and experiences that develop public health and medical 
        preparedness and response expertise.

    ``(c) <<NOTE: Definition.>>  Eligible Position.--For purposes of 
subsection (a), the term `eligible position' means any position at the 
Department of Health and Human Services at or above grade GS-13 of the 
General Schedule, or the equivalent, for which not less than 50 percent 
of the time of such position is spent on activities related to public 
health preparedness or response.

[[Page 136 STAT. 5751]]

    ``(d) Pilot Period and Final Report.--The pilot program authorized 
under this section shall not exceed 5 years. Not later than 90 days 
after the end of the program, the Secretary shall issue a report to the 
Committee on Health, Education, Labor, and Pensions of the Senate and 
the Committee on Energy and Commerce of the House of Representatives 
that includes--
            ``(1) the number of individuals who participated in such 
        pilot, as applicable;
            ``(2) a description of the professional growth experience in 
        which individuals participated; and
            ``(3) <<NOTE: Assessment. Recommenda- tions.>>  an 
        assessment of the outcomes of such program, including a 
        recommendation on whether such program should be continued.''.
SEC. 2227. <<NOTE: Grants. Contracts.>>  CONTINUING EDUCATIONAL 
                          SUPPORT FOR HEALTH PROFESSIONALS SERVING 
                          IN RURAL AND UNDERSERVED COMMUNITIES.

    Section 752 of the Public Health Service Act (42 U.S.C. 294b) is 
amended--
            (1) in the section heading, by inserting ``rural and'' after 
        ``serving in'';
            (2) in subsection (a)--
                    (A) by striking ``shall make grants to, and enter 
                into contracts with, eligible entities'' and inserting 
                ``, as appropriate, shall make grants to, and enter into 
                contracts with, eligible entities to support access to 
                accredited continuing medical education for primary care 
                physicians and health care providers at community health 
                centers or rural health clinics to improve and increase 
                access to care for patients in rural and medically 
                underserved areas. Such grants or contracts may be 
                used'';
                    (B) by striking ``faculty members'' and inserting 
                ``health care providers''; and
                    (C) by inserting ``increase primary care physician 
                and health care provider knowledge,'' after ``practice 
                environment,'';
            (3) in subsection (b), by inserting ``, such as a community 
        health center or rural health clinic'' before the period;
            (4) in subsection (c), by striking ``by require.'' and 
        inserting the following: ``may require, including--
            ``(1) a description of how participation in activities 
        funded under this section will help improve access to, and 
        quality of, health care services and training needs of primary 
        care physicians and health care providers; and
            ``(2) <<NOTE: Plan.>>  a plan for providing peer-to-peer 
        training, as appropriate.'';
            (5) by amending subsection (d) to read as follows:

    ``(d) Use of Funds.--
            ``(1) In general.--An eligible entity shall use amounts 
        awarded under a grant or contract under this section to provide 
        innovative supportive activities to enhance education for 
        primary care physicians and health care providers described in 
        subsection (a) through distance learning, continuing educational 
        activities, collaborative conferences, and electronic and 
        telelearning activities, with priority for primary care 
        providers who are seeking additional education in specialty 
        fields such as infectious disease, endocrinology, pediatrics, 
        mental health

[[Page 136 STAT. 5752]]

        and substance use disorders, pain management, geriatrics, and 
        other areas, as appropriate, in order to--
                    ``(A) improve retention of primary care physicians 
                and health care providers and increase access to 
                specialty health care services for patients; and
                    ``(B) support access to the integration of specialty 
                care through existing service delivery locations and 
                care across settings.
            ``(2) Clarification.--Entities may use amounts awarded under 
        a grant or contract under this section for continuing 
        educational activities that include a clinical training 
        component, including in-person patient care, in the respective 
        community health center or rural health clinic, with the primary 
        care physician or health care provider at such site and the 
        clinical specialist from whom such additional training is being 
        provided.'';
            (6) by redesignating subsection (e) as subsection (g);
            (7) by inserting after subsection (d) the following:

    ``(e) Administrative Expenses.--An entity that revives a grant or 
contract under this section shall use not more than 5 percent of the 
amounts received under the grant or contract under this section for 
administrative expenses.
    ``(f) Non-duplication of Effort.--The Secretary shall ensure that 
activities under this section do not unnecessarily duplicate efforts of 
other programs overseen by the Health Resources and Services 
Administration, including activities described in section 330N.''; and
            (8) in subsection (g), as so redesignated, by striking ``the 
        fiscal years 2010 through 2014, and such sums as may be 
        necessary for each subsequent fiscal year'' and inserting 
        ``fiscal years 2023 through 2025''.

      CHAPTER 4--ENHANCING PUBLIC HEALTH PREPAREDNESS AND RESPONSE

SEC. 2231. CENTERS FOR PUBLIC HEALTH PREPAREDNESS AND RESPONSE.

    (a) In General.--Section 319F of the Public Health Service Act (42 
U.S.C. 247d-6) is amended--
            (1) by striking subsection (d) and inserting the following:

    ``(d) Centers for Public Health Preparedness and Response.--
            ``(1) <<NOTE: Grants. Contracts.>>  In general.--The 
        Secretary, acting through the Director of the Centers for 
        Disease Control and Prevention, may award grants, contracts, or 
        cooperative agreements to institutions of higher education, 
        including accredited schools of public health, or other 
        nonprofit private entities to establish or maintain a network of 
        Centers for Public Health Preparedness and Response (referred to 
        in this subsection as `Centers').
            ``(2) Eligibility.--To be eligible to receive an award under 
        this subsection, an entity shall submit to the Secretary an 
        application containing such information as the Secretary may 
        require, including a description of how the entity will--
                    ``(A) coordinate relevant activities with applicable 
                State, local, and Tribal health departments and 
                officials, health care facilities, and health care 
                coalitions to improve public health preparedness and 
                response, as informed by

[[Page 136 STAT. 5753]]

                the public health preparedness and response needs of the 
                community, or communities, involved;
                    ``(B) prioritize efforts to implement evidence-
                informed or evidence-based practices to improve public 
                health preparedness and response, including by helping 
                to reduce the transmission of emerging infectious 
                diseases; and
                    ``(C) use funds awarded under this subsection, 
                including by carrying out any activities described in 
                paragraph (3).
            ``(3) Use of funds.--The Centers established or maintained 
        under this subsection shall use funds awarded under this 
        subsection to carry out activities to advance public health 
        preparedness and response capabilities, which may include--
                    ``(A) <<NOTE: Strategies.>>  identifying, 
                translating, and disseminating promising research 
                findings or strategies into evidence-informed or 
                evidence-based practices to inform preparedness for, and 
                responses to, chemical, biological, radiological, or 
                nuclear threats, including emerging infectious diseases, 
                and other public health emergencies, which may include 
                conducting research related to public health 
                preparedness and response systems;
                    ``(B) <<NOTE: Evaluations.>>  improving awareness of 
                such evidence-informed or evidence-based practices and 
                other relevant scientific or public health information 
                among health care professionals, public health 
                professionals, other stakeholders, and the public, 
                including through the development, evaluation, and 
                dissemination of trainings and training materials, 
                consistent with section 2802(b)(2), as applicable and 
                appropriate, and with consideration given to existing 
                training materials, to support preparedness for, and 
                responses to, such threats;
                    ``(C) utilizing and expanding relevant technological 
                and analytical capabilities to inform public health and 
                medical preparedness and response efforts;
                    ``(D) expanding activities, including through 
                public-private partnerships, related to public health 
                preparedness and response, including participation in 
                drills and exercises and training public health experts, 
                as appropriate; and
                    ``(E) providing technical assistance and expertise 
                that relies on evidence-based practices, as applicable, 
                related to responses to public health emergencies, as 
                appropriate, to State, local, and Tribal health 
                departments and other entities pursuant to paragraph 
                (2)(A).
            ``(4) Distribution of awards.--In awarding grants, 
        contracts, or cooperative agreements under this subsection, the 
        Secretary shall support not fewer than 10 Centers, subject to 
        the availability of appropriations, and ensure that such awards 
        are equitably distributed among the geographical regions of the 
        United States.''; and
            (2) in subsection (f)(1)(C), by striking ``, of which 
        $5,000,000 shall be used to carry out paragraphs (3) through (5) 
        of such subsection''.

    (b) Repeal.--Section 319G of the Public Health Service Act (42 
U.S.C. 247d-7) is repealed.

[[Page 136 STAT. 5754]]

SEC. 2232. VACCINE DISTRIBUTION PLANS.

    Section 319A of the Public Health Service Act (42 U.S.C. 247d-1) is 
amended--
            (1) in subsection (a)--
                    (A) by inserting ``, or other federally purchased 
                vaccine to address another pandemic'' before the period 
                at the end of the first sentence; and
                    (B) by inserting ``or other pandemic'' before the 
                period at the end of the second sentence; and
            (2) in subsection (d), by inserting ``or other pandemics'' 
        after ``influenza pandemics''.
SEC. 2233. <<NOTE: 42 USC 247d-12.>>  COORDINATION AND 
                          COLLABORATION REGARDING BLOOD SUPPLY.

    The Secretary of Health and Human Services, or the Secretary's 
designee, shall--
            (1) ensure coordination and collaboration between relevant 
        Federal departments and agencies related to the safety and 
        availability of the blood supply, including--
                    (A) the Department of Health and Human Services, 
                including the Office of the Assistant Secretary for 
                Health, the Centers for Disease Control and Prevention, 
                the Food and Drug Administration, the Office of the 
                Assistant Secretary for Preparedness and Response, the 
                National Institutes of Health, the Centers for Medicare 
                & Medicaid Services, and the Health Resources and 
                Services Administration;
                    (B) the Department of Defense; and
                    (C) the Department of Veterans Affairs; and
            (2) <<NOTE: Consultation.>>  consult and communicate with 
        private stakeholders, including blood collection establishments, 
        health care providers, accreditation organizations, researchers, 
        and patients, regarding issues related to the safety and 
        availability of the blood supply.
SEC. 2234. SUPPORTING LABORATORY CAPACITY AND INTERNATIONAL 
                          COLLABORATION TO ADDRESS ANTIMICROBIAL 
                          RESISTANCE.

    Section 319E of the Public Health Service Act (42 U.S.C. 247d-5) is 
amended--
            (1) by redesignating subsections (k), (l), and (m) as 
        subsections (m), (n), and (o), respectively; and
            (2) by inserting after subsection (j), the following:

    ``(k) Network of Antibiotic Resistance Regional Laboratories.--
            ``(1) In general.--The Secretary, acting through the 
        Director of the Centers for Disease Control and Prevention, 
        shall, as appropriate, maintain a network of antibiotic 
        resistance laboratory sites to ensure the maintenance of 
        appropriate capabilities, within existing laboratory capacity 
        maintained or supported by the Centers for Disease Control and 
        Prevention, to--
                    ``(A) identify and monitor the emergence and changes 
                in the patterns of antimicrobial-resistant pathogens;
                    ``(B) detect, identify, confirm, and isolate such 
                resistant pathogens, including, as appropriate, 
                performing such

[[Page 136 STAT. 5755]]

                activities upon the request of another laboratory and 
                providing related technical assistance, and, as 
                applicable, support efforts to respond to local or 
                regional outbreaks of such resistant pathogens; and
                    ``(C) perform activities to support the diagnosis of 
                such resistant pathogens and determine the 
                susceptibility of relevant pathogen samples to 
                applicable treatments.
            ``(2) Geographic distribution.--The Secretary shall ensure 
        that such capacity and capabilities are appropriately 
        distributed among the geographical regions of the United States.
            ``(3) Partnerships and nonduplication of current domestic 
        capacity.--Activities supported under this subsection may be 
        based in an academic center, a State health department, or other 
        facility operated by a public or private entity that carries out 
        relevant laboratory or public health surveillance activities.

    ``(l) International Collaboration.--
            ``(1) In general.--The Secretary, in coordination with heads 
        of other relevant Federal departments and agencies, shall 
        support activities related to addressing antimicrobial 
        resistance internationally, including by--
                    ``(A) supporting basic, translational, 
                epidemiological, and clinical research related to 
                antimicrobial-resistant pathogens, including such 
                pathogens that have not yet been detected in the United 
                States, and improving related public health surveillance 
                systems, and laboratory and other response capacity; and
                    ``(B) providing technical assistance related to 
                antimicrobial resistant infection and control 
                activities.
            ``(2) <<NOTE: Grants. Contracts.>>  Awards.--In carrying out 
        paragraph (1), the Secretary may award grants, contracts, or 
        cooperative agreements to public and private entities, including 
        nongovernmental organizations, with applicable expertise, for 
        purposes of supporting new and innovative approaches to the 
        prevention, detection, and mitigation of antimicrobial-resistant 
        pathogens.''.
SEC. 2235. <<NOTE: Updates. 42 USC 300hh-37.>>  ONE HEALTH 
                          FRAMEWORK.

    (a) One Health Framework.--The Secretary of Health and Human 
Services (referred to in this section as the ``Secretary''), acting 
through the Director of the Centers for Disease Control and Prevention, 
shall develop, or update as appropriate, in coordination with other 
Federal departments and agencies, as appropriate, a One Health framework 
to address zoonotic diseases and advance public health preparedness.
    (b) One Health Coordination.--The Secretary, acting through the 
Director of the Centers for Disease Control and Prevention, shall 
coordinate with the Secretary of Agriculture and the Secretary of the 
Interior to develop a One Health coordination mechanism at the Federal 
level to strengthen One Health collaboration related to prevention, 
detection, control, and response for zoonotic diseases and related One 
Health work across the Federal Government.
    (c) Reporting.--Not later than 1 year after the date of enactment of 
this Act, the Secretary shall submit to the Committee on Health, 
Education, Labor, and Pensions of the Senate and the

[[Page 136 STAT. 5756]]

Committee on Energy and Commerce of the House of Representatives a 
report providing an update on the activities under subsections (a) and 
(b).
SEC. 2236. SUPPORTING CHILDREN DURING PUBLIC HEALTH EMERGENCIES.

    Section 2811A of the Public Health Service Act (42 U.S.C. 300hh-10b) 
is amended--
            (1) in subsection (b)--
                    (A) in paragraph (2)--
                          (i) by striking ``and behavioral'' and 
                      inserting ``, behavioral, developmental''; and
                          (ii) by striking ``; and'' and inserting a 
                      semicolon;
                    (B) in paragraph (3), by striking the period and 
                inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(4) provide advice and consultation with respect to 
        continuity of care and education for all children and supporting 
        parents and caregivers during all-hazards emergencies.'';
            (2) in subsection (d)(2)--
                    (A) in subparagraph (C), by striking ``care; and'' 
                and inserting ``care;'';
                    (B) by redesignating subparagraph (D) as 
                subparagraph (E);
                    (C) by inserting after subparagraph (C) the 
                following:
                    ``(D) at least 4 non-Federal members representing 
                child care settings, State or local educational 
                agencies, individuals with expertise in children with 
                disabilities, and parents; and''; and
                    (D) in subparagraph (E), as so redesignated--
                          (i) by striking clause (ii); and
                          (ii) by redesignating clauses (iii) and (iv) 
                      as clauses (ii) and (iii), respectively.

     Subtitle C--Accelerating Research and Countermeasure Discovery

CHAPTER 1--FOSTERING RESEARCH AND DEVELOPMENT AND IMPROVING COORDINATION

SEC. 2301. RESEARCH CENTERS FOR PATHOGENS OF PANDEMIC CONCERN.

    Subpart 6 of part C of title IV of the Public Health Service Act is 
amended by inserting after section 447C (42 U.S.C. 285f-4) the 
following:
``SEC. 447D. <<NOTE: 42 USC 285f-5.>>  RESEARCH CENTERS FOR 
                          PATHOGENS OF PANDEMIC CONCERN.

    ``(a) In General.--The Director of the Institute, in collaboration, 
as appropriate, with the directors of applicable institutes, centers, 
and divisions of the National Institutes of Health, the Assistant 
Secretary for Preparedness and Response, and the Director of the 
Biomedical Advanced Research and Development Authority, shall establish 
or continue a multidisciplinary research program to advance the 
discovery and preclinical development of

[[Page 136 STAT. 5757]]

medical products for priority virus families and other viral pathogens 
with a significant potential to cause a pandemic, through support for 
research centers.
    ``(b) <<NOTE: Grants. Contracts.>>  Uses of Funds.--The Director of 
the Institute shall award funding through grants, contracts, or 
cooperative agreements to public or private entities to provide support 
for research centers described in subsection (a) for the purpose of--
            ``(1) conducting basic research through preclinical 
        development of new medical products or technologies, including 
        platform technologies, to address pathogens of pandemic concern;
            ``(2) identifying potential targets for therapeutic 
        candidates, including antivirals, to treat such pathogens;
            ``(3) identifying existing medical products with the 
        potential to address such pathogens, including candidates that 
        could be used in outpatient settings; and
            ``(4) carrying out or supporting other research related to 
        medical products to address such pathogens, as determined 
        appropriate by the Director.

    ``(c) Coordination.--The Director of the Institute shall, as 
appropriate, provide for the coordination of activities among the 
centers described in subsection (a), including through--
            ``(1) facilitating the exchange of information and regular 
        communication among the centers, as appropriate; and
            ``(2) <<NOTE: Requirement. Reports.>>  requiring the 
        periodic preparation and submission to the Director of reports 
        on the activities of each center.

    ``(d) Priority.--In awarding funding through grants, contracts, or 
cooperative agreements under subsection (a), the Director of the 
Institute shall, as appropriate, give priority to applicants with 
existing frameworks and partnerships, as applicable, to support the 
advancement of such research.
    ``(e) Collaboration.--The Director of the Institute shall--
            ``(1) collaborate with the heads of other appropriate 
        Federal departments, agencies, and offices with respect to the 
        identification of additional priority virus families and other 
        viral pathogens with a significant potential to cause a 
        pandemic; and
            ``(2) <<NOTE: Updates.>>  collaborate with the Director of 
        the Biomedical Advanced Research and Development Authority with 
        respect to the research conducted by centers described in 
        subsection (a), including, as appropriate, providing any updates 
        on the research advancements made by such centers, identifying 
        any advanced research and development needs for such 
        countermeasures, consistent with section 319L(a)(6), and taking 
        into consideration existing manufacturing capacity and future 
        capacity needs for such medical products or technologies, 
        including platform technologies, supported by the centers 
        described in subsection (a).

    ``(f) Supplement, Not Supplant.--Any support received by a center 
described in subsection (a) under this section shall be used to 
supplement, and not supplant, other public or private support for 
activities authorized to be supported.''.
SEC. 2302. IMPROVING MEDICAL COUNTERMEASURE RESEARCH COORDINATION.

    Section 402(b) in the Public Health Service Act (42 U.S.C. 282(b)) 
is amended--
            (1) in paragraph (24), by striking ``and'' at the end;

[[Page 136 STAT. 5758]]

            (2) in paragraph (25), by striking the period and inserting 
        a semicolon; and
            (3) by inserting after paragraph (25) the following:
            ``(26) <<NOTE: Consultation.>>  shall consult with the 
        Assistant Secretary for Preparedness and Response, the Director 
        of the Biomedical Advanced Research and Development Authority, 
        the Director of the Centers for Disease Control and Prevention, 
        and the heads of other Federal agencies and offices, as 
        appropriate, regarding research needs to advance medical 
        countermeasures to diagnose, mitigate, prevent, or treat harm 
        from any biological agent or toxin, including emerging 
        infectious diseases, chemical, radiological, or nuclear agent 
        that may cause a public health emergency or other research needs 
        related to emerging public health threats;''.
SEC. 2303. ACCESSING SPECIMEN SAMPLES AND DIAGNOSTIC TESTS.

    (a) <<NOTE: 42 USC 262a note.>>  Improving Research and Development 
of Medical Countermeasures for Novel Pathogens.--
            (1) <<NOTE: Deadline. Public 
        information. Procedures. Determination.>>  Sample access.--Not 
        later than 1 year after the date of enactment of this Act, the 
        Secretary of Health and Human Services (referred to in this 
        subsection as the ``Secretary'') shall make publicly available 
        policies and procedures related to public and private entities 
        accessing specimens of, or specimens containing, pathogens or 
        suitable surrogates for, or alternatives to, such pathogens as 
        the Secretary determines appropriate to support public health 
        preparedness and response activities or biomedical research for 
        purposes of the development and validation, as applicable, of 
        medical products to address emerging infectious diseases and for 
        use to otherwise respond to emerging infectious diseases. Such 
        policies and procedures shall take into account, as appropriate, 
        any applicable existing Federal resources.
            (2) Guidance.--The Secretary shall issue guidance regarding 
        the procedures for carrying out paragraph (1), including--
                    (A) the method for requesting such samples;
                    (B) considerations for sample availability and use 
                of suitable surrogates or alternatives to such 
                pathogens, as appropriate, including applicable 
                safeguard and security measures; and
                    (C) information required to be provided in order to 
                receive such samples or suitable surrogates or 
                alternatives.

    (b) Earlier Development of Diagnostic Tests.--Title III of the 
Public Health Service Act is amended by inserting after section 319A (42 
U.S.C. 247d-1) the following:
``SEC. 319B. <<NOTE: 42 USC 247d-2.>>  EARLIER DEVELOPMENT OF 
                          DIAGNOSTIC TESTS.

    ``The <<NOTE: Contracts.>>  Secretary may contract with public and 
private entities, as appropriate, to increase capacity in the rapid 
development, validation, manufacture, and dissemination of diagnostic 
tests, as appropriate, to State, local, and Tribal health departments 
and other appropriate entities for immediate public health response 
activities to address an emerging infectious disease with respect to 
which a public health emergency is declared under section 319, or that 
has significant potential to cause such a public health emergency.''.

[[Page 136 STAT. 5759]]

SEC. 2304. NATIONAL ACADEMIES OF SCIENCES, ENGINEERING, AND 
                          MEDICINE STUDY ON NATURAL IMMUNITY IN 
                          RELATION TO THE COVID-19 PANDEMIC.

    (a)  <<NOTE: Deadline. Contracts.>> In General.--Not later than 45 
days after the date of enactment of this Act, the Secretary of Health 
and Human Services shall seek to enter into a contract with the National 
Academies of Sciences, Engineering, and Medicine (referred to in this 
section as the ``National Academies'') to conduct a study related to the 
current scientific evidence on the durability of immunity to COVID-19.

    (b)  <<NOTE: Assessments.>> Inclusions.--The study pursuant to the 
contract under subsection (a) shall include--
            (1) an assessment of scientific evidence related to the 
        durability of immunity resulting from SARS-CoV-2 infection, 
        COVID-19 vaccination, or both, including any differences between 
        population groups;
            (2) an assessment of the extent to which the Federal 
        Government makes publicly available the scientific evidence used 
        by relevant Federal departments and agencies to inform public 
        health recommendations related to immunity resulting from SARS-
        CoV-2 infection and COVID-19 vaccination; and
            (3) <<NOTE: Summary.>> a summary of scientific studies and 
        evidence related to SARS-CoV-2 infection-acquired immunity from 
        a sample of other countries or multilateral organizations.

    (c) Report.--Not later than 18 months after the date of enactment of 
this Act, the National Academies shall submit to the Committee on 
Health, Education, Labor, and Pensions of the Senate and the Committee 
on Energy and Commerce of the House of Representatives a report on the 
study pursuant to subsection (a).

             CHAPTER 2--IMPROVING BIOSAFETY AND BIOSECURITY

SEC. 2311. IMPROVING CONTROL AND OVERSIGHT OF SELECT BIOLOGICAL 
                          AGENTS AND TOXINS.

    Section 351A of the Public Health Service Act (42 U.S.C. 262a) is 
amended--
            (1) in subsection (b)(1), by amending subparagraph (A) to 
        read as follows:
                    ``(A) proper training, including with respect to 
                notification requirements under this section, of--
                          ``(i) individuals who are involved in the 
                      handling and use of such agents and toxins, 
                      including appropriate skills to handle such agents 
                      and toxins;
                          ``(ii) individuals whose responsibilities 
                      routinely place them in close proximity to 
                      laboratory facilities in which such agents and 
                      toxins are being transferred, possessed, or used; 
                      and
                          ``(iii) individuals who perform administrative 
                      or oversight functions of the facility related to 
                      the transfer, possession, or use of such agents 
                      and toxins on behalf of registered persons;'';
            (2) in subsection (e)(1), by striking ``(including the risk 
        of use in domestic or international terrorism)'' and inserting 
        ``(including risks posed by the release, theft, or loss of such 
        agent or toxin, or use in domestic or international 
        terrorism)'';
            (3) in subsection (k)--

[[Page 136 STAT. 5760]]

                    (A) by redesignating paragraphs (1) and (2) as 
                paragraphs (2) and (3), respectively;
                    (B) by inserting before paragraph (2), as so 
                redesignated, the following:
            ``(1) Notification with respect to federal facilities.--In 
        the event <<NOTE: Deadlines.>> of the release, loss, or theft of 
        an agent or toxin listed by the Secretary pursuant to subsection 
        (a)(1), or by the Secretary of Agriculture pursuant to section 
        212(a)(1) of the Agricultural Bioterrorism Protection Act of 
        2002, from or within a laboratory facility owned or operated by 
        the Department of Health and Human Services, or other Federal 
        laboratory facility subject to the requirements of this section, 
        the Secretary, in a manner that does not compromise national 
        security, shall--
                    ``(A) not later than 72 hours after such event is 
                reported to the Secretary, notify the Committee on 
                Health, Education, Labor, and Pensions of the Senate and 
                the Committee on Energy and Commerce of the House of 
                Representatives of such event, including--
                          ``(i) the Federal laboratory facility in which 
                      such release, loss, or theft occurred; and
                          ``(ii) the circumstances of such release, 
                      loss, or theft; and
                    ``(B) <<NOTE: Update.>> not later than 14 days after 
                such notification, update such Committees on--
                          ``(i) any actions taken or planned by the 
                      Secretary to mitigate any potential threat such 
                      release, loss, or theft may pose to public health 
                      and safety; and
                          ``(ii) any actions taken or planned by the 
                      Secretary to review the circumstances of such 
                      release, loss, or theft, and prevent similar 
                      events.''; and
                    (C) by amending paragraph (2), as so redesignated, 
                to read as follows:
            ``(2) Annual report.--The Secretary shall submit to the 
        Committee on Health, Education, Labor, and Pensions of the 
        Senate and the Committee on Energy and Commerce of the House of 
        Representatives on an annual basis a report--
                    ``(A) <<NOTE: Summaries.>> summarizing the number 
                and nature of notifications received under subsection 
                (e)(8) (relating to theft or loss) and subsection (j) 
                (relating to releases), during the preceding fiscal 
                year;
                    ``(B) <<NOTE: Plans. Compliance.>> describing 
                actions taken by the Secretary to address such 
                incidents, such as any corrective action plans required 
                and steps taken to promote adherence to, and compliance 
                with, safety and security best practices, standards, and 
                regulations; and
                    ``(C) describing any gaps, challenges, or 
                limitations with respect to ensuring that such safety 
                and security practices are consistently applied and 
                adhered to, and actions taken to address such gaps, 
                challenges, or limitations.''; and
            (4) in subsection (m), by striking ``fiscal years 2002 
        through 2007'' and inserting ``fiscal years 2023 through 2027''.

[[Page 136 STAT. 5761]]

SEC. 2312. <<NOTE: 42 USC 262a note.>>  STRATEGY FOR FEDERAL HIGH-
                          CONTAINMENT LABORATORIES.

    (a) Strategy for Federal High-containment Laboratories.--
Not <<NOTE: Deadline.>> later than 1 year after the date of enactment of 
this Act, the Director of the Office of Science and Technology Policy, 
in consultation with relevant Federal departments and agencies, shall 
establish a strategy for the management, maintenance, and oversight of 
federally-owned laboratory facilities operating at Biosafety Level 3 or 
4, including equivalent classification levels and facilities with 
Biosafety Level 4 capabilities. Such strategy shall include--
            (1) a description of the roles and responsibilities of 
        relevant Federal departments and agencies with respect to the 
        management, maintenance, and oversight of Biosafety Level 3 or 4 
        laboratory facilities;
            (2) <<NOTE: Assessment.>> an assessment of the needs of the 
        Federal Government with respect to Biosafety Level 3 or 4 
        laboratory facilities;
            (3) <<NOTE: Summary.>> a summary of existing federally-owned 
        Biosafety Level 3 or 4 laboratory facility capacity;
            (4) <<NOTE: Summary.>> a summary of other Biosafety Level 3 
        or 4 laboratory facility capacity established through Federal 
        funds;
            (5) a description of how the capacity described in 
        paragraphs (3) and (4) addresses the needs of the Federal 
        Government, including--
                    (A) how relevant Federal departments and agencies 
                coordinate to provide access to appropriate laboratory 
                facilities to reduce unnecessary duplication; and
                    (B) any gaps in such capacity related to such needs;
            (6) <<NOTE: Summary. Plans.>> a summary of plans that are in 
        place for the maintenance of such capacity within each relevant 
        Federal department or agency, as applicable and appropriate, 
        including processes for determining whether to maintain or 
        expand such capacity, and a description of how the Federal 
        Government will address rapid changes in the need for such 
        capacity within each relevant Federal department or agency 
        during a public health emergency; and
            (7) a description of how the heads of relevant Federal 
        departments and agencies will coordinate to ensure appropriate 
        oversight of federally-owned laboratory facility capacity and 
        leverage such capacity within each relevant Federal department, 
        as appropriate, to fulfill the needs of each Federal department 
        and agency in order to reduce unnecessary duplication and 
        improve collaboration within the Federal Government.

    (b) Clarification.--The strategy under subsection (a) shall not be 
construed to supersede the authorities of each relevant Federal 
department or agency with respect to the management, maintenance, and 
oversight of the Federally-owned laboratory facilities operated by any 
such Federal department or agency.
SEC. 2313. NATIONAL SCIENCE ADVISORY BOARD FOR BIOSECURITY.

    (a) In General.--Part A of title IV of the Public Health Service Act 
(42 U.S.C. 281 et seq.) is amended by adding at the end the following:
``SEC. 404O. <<NOTE: 42 USC 283r.>> NATIONAL SCIENCE ADVISORY 
                          BOARD FOR BIOSECURITY.

    ``(a) Establishment.--The Secretary, acting through the Director of 
NIH, shall establish an advisory committee, to be known

[[Page 136 STAT. 5762]]

as the `National Science Advisory Board for Biosecurity' (referred to in 
this section as the `Board').
    ``(b) Duties.--
            ``(1) In general.--The National Science Advisory Board for 
        Biosecurity referred to in section 205 of the Pandemic and All-
        Hazards Preparedness Act (Public Law 109-417) (referred to in 
        this section as the `Board') shall provide technical advice, 
        guidance, or recommendations, to relevant Federal departments 
        and agencies related to biosafety and biosecurity oversight of 
        biomedical research, including--
                    ``(A) oversight of federally-conducted or federally-
                supported dual use biomedical research, such as the 
                review of policies or frameworks used to assess and 
                appropriately manage safety and security risks 
                associated with such research, taking into consideration 
                national security concerns, the potential benefits of 
                such research, considerations related to the research 
                community, transparency, and public availability of 
                information, and international research collaboration; 
                and
                    ``(B) continuing to carry out the activities 
                required under section 205 of the Pandemic and All-
                Hazards Preparedness Act (Public Law 109-417).

    ``(c) Considerations.--In carrying out the duties under subsection 
(b), the Board may consider strategies to improve the safety and 
security of biomedical research, including through--
            ``(1) leveraging or using new technologies and scientific 
        advancements to reduce safety and security risks associated with 
        such research and improve containment of pathogens; and
            ``(2) outreach to, and education and training of, 
        researchers, laboratory personnel, and other appropriate 
        individuals with respect to safety and security risks associated 
        with such research and mitigation of such risks.

    ``(d) Membership.--The Board shall be composed of the following:
            ``(1) Non-voting, ex officio members, including the 
        following:
                    ``(A) At least one representative of each of the 
                following:
                          ``(i) The Department of Health and Human 
                      Services.
                          ``(ii) The Department of Defense.
                          ``(iii) The Department of Agriculture.
                          ``(iv) The Department of Homeland Security.
                          ``(v) The Department of Energy.
                          ``(vi) The Department of State.
                          ``(vii) The Office of Science and Technology 
                      Policy.
                          ``(viii) The Office of the Director of 
                      National Intelligence.
                    ``(B) Representatives of such other Federal 
                departments or agencies as the Secretary determines 
                appropriate to carry out the requirements of this 
                section.
            ``(2) <<NOTE: Appointments.>> Individuals, appointed by the 
        Secretary, with expertise in biology, infectious diseases, 
        public health, ethics, national security, and other fields, as 
        the Secretary determines appropriate, who shall serve as voting 
        members.''.

    (b)  <<NOTE: 42 USC 283r note.>> Orderly Transition.--The Secretary 
of Health and Human Services shall take such steps as are necessary to 
provide for the orderly transition to the authority of the National 
Science

[[Page 136 STAT. 5763]]

Advisory Board for Biosecurity established under section 404O of the 
Public Health Service Act, as added by subsection (a), from any 
authority of the Board described in section 205 of the Pandemic and All-
Hazards Preparedness Act (Public Law 109-417), as in effect on the day 
before the date of enactment of this Act.

    (c)  <<NOTE: 42 USC 283r note.>> Application.--The requirements 
under section 404O of the Public Health Service Act, as added by 
subsection (a), related to the mission, activities, or functions of the 
National Science Advisory Board for Biosecurity shall not apply until 
the completion of any work undertaken by such Board before the date of 
enactment of this Act.
SEC. 2314. <<NOTE: 42 USC 262a note.>> RESEARCH TO IMPROVE 
                          BIOSAFETY.

    (a) In General.--The Secretary of Health and Human Services 
(referred to in this section as the ``Secretary'') shall, as 
appropriate, conduct or support research to improve the safe conduct of 
biomedical research activities involving pathogens of pandemic potential 
or biological agents or toxins listed pursuant to section 351A(a)(1) of 
the Public Health Service Act (42 U.S.C. 262a(a)(1)).
    (b) Report.--Not later than 5 years after the date of enactment of 
this Act, the Secretary shall prepare and submit a report to the 
Committee on Health, Education, Labor, and Pensions of the Senate and 
the Committee on Energy and Commerce of the House of Representatives 
regarding an overview of any research conducted or supported under this 
section, any relevant findings, and steps the Secretary is taking to 
disseminate any such findings to support the reduction of risks 
associated with biomedical research involving pathogens of pandemic 
potential or biological agents or toxins listed pursuant to section 
351A(a)(1) of the Public Health Service Act (42 U.S.C. 262a(a)(1)).
SEC. 2315. <<NOTE: 42 USC 6627.>> FEDERALLY-FUNDED RESEARCH WITH 
                          ENHANCED PATHOGENS OF PANDEMIC 
                          POTENTIAL.

    (a) Review and Oversight of Enhanced Pathogens of Pandemic 
Potential.--
            (1) <<NOTE: Deadlines. Updates.>> In general.--The Director 
        of the Office of Science and Technology Policy (referred to in 
        this section as the ``Director''), in consultation with the 
        heads of relevant Federal departments and agencies, shall--
                    (A) not later than 1 year after the date of 
                enactment of this Act--
                          (i) continue or conduct a review of existing 
                      Federal policies related to research proposed for 
                      Federal funding that may be reasonably anticipated 
                      to involve the creation, transfer, or use of 
                      enhanced pathogens of pandemic potential; and
                          (ii) establish or update a Federal policy for 
                      the consistent review and oversight of such 
                      proposed research that appropriately considers the 
                      risks associated with, and potential benefits of, 
                      such research; and
                    (B) not less than every 4 years thereafter, review 
                and update such policy, as necessary and appropriate, to 
                ensure that such policy fully accounts for relevant 
                research that may be reasonably anticipated to involve 
                the creation, transfer, or use of enhanced pathogens of 
                pandemic potential, takes into consideration the 
                benefits of such research, and supports the mitigation 
                of related risks.

[[Page 136 STAT. 5764]]

            (2) Requirements.--The policy established pursuant to 
        paragraph (1) shall include--
                    (A) a clear scope to support the consistent 
                identification of research proposals subject to such 
                policy by relevant Federal departments and agencies;
                    (B) a framework for such reviews that accounts for 
                safety, security, and ethical considerations related to 
                the creation, transfer, or use of enhanced pathogens of 
                pandemic potential;
                    (C) measures to enhance the transparency and public 
                availability of information related to such research 
                activities in a manner that does not compromise national 
                security, the safety and security of such research 
                activities, or any identifiable, sensitive information 
                of relevant individuals; and
                    (D) <<NOTE: Procedures.>> consistent procedures 
                across relevant Federal department and agencies to 
                ensure that--
                          (i) proposed research that has been determined 
                      to have scientific and technical merit and may be 
                      subject to such policy is identified and referred 
                      for review;
                          (ii) subjected research activities conducted 
                      under an award, including activities undertaken by 
                      any subrecipients of such award, are monitored 
                      regularly throughout the project period to ensure 
                      compliance with such policy and the terms and 
                      conditions of such award; and
                          (iii) in the event that federally-funded 
                      research activities not subject to such policy 
                      produce unanticipated results related to the 
                      creation, transfer, or use of enhanced pathogens 
                      of pandemic potential, such research activities 
                      are identified and appropriately reviewed under 
                      such policy.
            (3) Clarification.--Reviews required pursuant to this 
        section shall be in addition to any applicable requirements for 
        research project applications required under the Public Health 
        Service Act, including reviews required under section 492 of 
        such Act (42 U.S.C. 289a), as applicable, or other applicable 
        laws.

    (b) Implementation.--
            (1)  <<NOTE: Updates. Guidance.>> In general.--The Director 
        shall direct all heads of relevant Federal departments and 
        agencies to update, modernize, or promulgate applicable 
        implementing guidance to implement the requirements of this 
        section.
            (2) Updates.--Consistent with the requirements under 
        subsection (a)(1)(B), the Director shall require all heads of 
        relevant Federal departments and agencies to update such 
        policies consistent with any changes to the policy established 
        pursuant to subsection (a)(1).

    (c)  <<NOTE: Deadlines.>> Limitations on Countries of Concern 
Conducting Certain Research.--
            (1) In general.--Beginning not later than 60 days after the 
        date of the enactment of this Act, the Secretary of Health and 
        Human Services shall not fund research conducted by a foreign 
        entity at a facility located in a country of concern, in the 
        estimation of the Director of National Intelligence or the head 
        of another relevant Federal department or agency, as 
        appropriate, in consultation with the Secretary of Health

[[Page 136 STAT. 5765]]

        and Human Services, involving pathogens of pandemic potential or 
        biological agents or toxins listed pursuant to section 
        351A(a)(1) of the Public Health Service Act (42 U.S.C. 
        262a(a)(1)).
            (2) Conditions for lifting or suspending prohibition.--The 
        Secretary of Health and Human Services may lift or suspend the 
        prohibition of funding under paragraph (1)--
                    (A) only after the review required under subsection 
                (a)(1)(A)(i) is complete; and
                    (B) <<NOTE: Notification. Time period.>>  only if 
                the Secretary notifies Congress not less than 15 days 
                before such prohibition is lifted or suspended.

  CHAPTER 3--PREVENTING UNDUE FOREIGN INFLUENCE IN BIOMEDICAL RESEARCH

SEC. 2321. <<NOTE: 42 USC 242v.>>  FOREIGN TALENT RECRUITMENT 
                          PROGRAMS.

    (a) Intramural Research.--
            (1)  <<NOTE: Deadline.>> In general.--Not later than 60 days 
        after the date of enactment of this Act, the Secretary of Health 
        and Human Services (referred to in this chapter as the 
        ``Secretary'') shall prohibit personnel of the National 
        Institutes of Health engaged in intramural research from 
        participation in foreign talent recruitment programs.
            (2) Exemption.--Paragraph (1) shall not apply to 
        participation in international conferences or other 
        international exchanges, partnerships, or programs, for which 
        such participation has been approved by the National Institutes 
        of Health. In such circumstances, the National Institutes of 
        Health shall ensure appropriate training is provided to the 
        participant on how to respond to overtures from individuals 
        associated with foreign talent recruitment programs.

    (b) <<NOTE: Requirement. Disclosure. Records.>> Extramural 
Research.--The Secretary shall require disclosure of participation in 
foreign talent recruitment programs, including the provision of copies 
of all grants, contracts, or other agreements related to such programs, 
and other supporting documentation related to such programs, as a 
condition of receipt of Federal extramural biomedical research funding 
awarded through the Department of Health and Human Services.

    (c) Consistency.--The Secretary shall ensure that the policies 
developed, updated, or issued pursuant to subsections (a) and (b) are, 
to the greatest extent practicable, consistent with the requirements of 
subtitle D of title VI of division B of Public Law 117-167 (42 U.S.C. 
19231 et seq.) related to foreign talent recruitment programs.
SEC. 2322. <<NOTE: Deadlines. 42 USC 242v-1.>> SECURING 
                          IDENTIFIABLE, SENSITIVE INFORMATION AND 
                          ADDRESSING OTHER NATIONAL SECURITY RISKS 
                          RELATED TO RESEARCH.

    (a) <<NOTE: Updates.>> In General.--The Secretary of Health and 
Human Services, in consultation with the Director of National 
Intelligence, the Secretary of State, the Secretary of Defense, and 
other national security experts, as appropriate, shall ensure that 
biomedical research conducted or supported by the National Institutes of 
Health and other relevant agencies and offices within the Department of 
Health and Human Services is conducted or supported in a manner that 
appropriately considers national security risks, including national 
security implications related to research involving the sequencing

[[Page 136 STAT. 5766]]

of human genomic information, and collection, analysis, or storage of 
identifiable, sensitive information, as defined in section 301(d)(4) of 
the Public Health Service Act (42 U.S.C. 241(d)(4)), and the potential 
misuse of such data. Not later than 2 years after the date of enactment 
of this Act, the Secretary shall ensure that the National Institutes of 
Health and other relevant agencies and offices within the Department of 
Health and Human Services, in consultation with the heads of agencies 
and national security experts, including the Office of the National 
Security within the Department of Health and Human Services--
            (1) <<NOTE: Assessment. Reviews.>> develop a comprehensive 
        framework and policies for assessing and managing such national 
        security risks that includes, or review and update, as 
        appropriate, the current (as of the date of review) such 
        framework and policies to include--
                    (A) <<NOTE: Criteria.>> criteria for how and when to 
                conduct risk assessments for projects that may have 
                national security implications;
                    (B) security controls and training for researchers 
                or entities, including peer reviewers, that manage or 
                have access to such data that may present national 
                security risks; and
                    (C) methods to incorporate risk mitigation in the 
                process for funding such projects that may have national 
                security implications and monitor associated research 
                activities following issuance of an award, including 
                changes in the terms and conditions related to the use 
                of such funds, as appropriate;
            (2) not later than 1 year after the framework and policies 
        are developed or reviewed and updated, as applicable, under 
        paragraph (1), develop and implement controls to ensure that--
                    (A) <<NOTE: Compliance.>> researchers or entities 
                involved in projects reviewed under the framework and 
                relevant policies, including such projects that manage 
                or have access to sensitive, identifiable information, 
                have complied with the requirements of paragraph (1) and 
                ongoing requirements with such paragraph;
                    (B) consideration of funding for projects that may 
                have national security implications takes into account 
                the extent to which the country in which the proposed 
                research will be conducted or supported poses a risk to 
                the integrity of the United States biomedical research 
                enterprise; and
                    (C) data access committees reviewing data access 
                requests for projects that may have national security 
                risks, as appropriate, include members with expertise in 
                current and emerging national security threats, in order 
                to make appropriate decisions, including related to 
                access to such identifiable, sensitive information; and
            (3) not later than 2 years after the framework and relevant 
        policies are developed or reviewed and updated, as applicable, 
        under paragraph (1), update data access and sharing policies 
        related to human genomic data, as applicable, based on current 
        and emerging national security threats.

    (b) Congressional Briefing.--Not later than 1 year after the date of 
enactment of this Act, the Secretary shall provide a briefing to the 
Committee on Health, Education, Labor, and Pensions and the Select 
Committee on Intelligence of the Senate

[[Page 136 STAT. 5767]]

and the Committee on Energy and Commerce and the Permanent Select 
Committee on Intelligence of the House of Representatives on the 
activities required under subsection (a).
SEC. 2323. DUTIES OF THE DIRECTOR.

    Section 402(b) in the Public Health Service Act (42 U.S.C. 282(b)), 
as amended by section 2302, is further amended by inserting after 
paragraph (26) (as added by section 2302) the following:
            ``(27) shall consult with the Director of the Office of 
        National Security within the Department of Health and Human 
        Services, the Assistant Secretary for Preparedness and Response, 
        the Director of National Intelligence, the Director of the 
        Federal Bureau of Investigation, and the heads of other 
        appropriate agencies on a regular basis, regarding biomedical 
        research conducted or supported by the National Institutes of 
        Health that may affect or be affected by matters of national 
        security;
            ``(28) shall ensure that recipients of awards from the 
        National Institutes of Health, and, as appropriate and 
        practicable, entities collaborating with such recipients, have 
        in place and are adhering to appropriate technology practices 
        and policies for the security of identifiable, sensitive 
        information, including information collected, stored, managed, 
        or analyzed by domestic and non-domestic entities; and
            ``(29) shall ensure that recipients of awards from the 
        National Institutes of Health are in compliance with the terms 
        and conditions of such award, which may include activities to 
        support awareness of, and compliance with, such terms and 
        conditions by any subrecipients of the award.''.
SEC. 2324. <<NOTE: 42 USC 242v-2.>> PROTECTING AMERICA'S 
                          BIOMEDICAL RESEARCH ENTERPRISE.

    (a)  <<NOTE: Recommenda- tions.>> In General.--The Secretary, in 
consultation with the Assistant to the President for National Security 
Affairs, the Director of National Intelligence, the Director of the 
Federal Bureau of Investigation, and the heads of other relevant 
departments and agencies, and in consultation with research institutions 
and research advocacy organizations or other relevant experts, as 
appropriate, shall--
            (1) identify ways to improve the protection of intellectual 
        property and other proprietary information, as well as 
        identifiable, sensitive information of participants in 
        biomedical research and development, from national security 
        risks and other applicable threats, including the identification 
        of gaps in policies and procedures in such areas related to 
        biomedical research and development supported by the Department 
        of Health and Human Services, and make recommendations to 
        institutions of higher education or other entities that have 
        traditionally received Federal funding for biomedical research 
        to protect such information;
            (2) <<NOTE: Strategies.>> identify or develop strategies to 
        prevent, mitigate, and address national security risks and 
        threats in biomedical research and development supported by the 
        Federal Government, including such threats associated with 
        foreign talent programs, by countries seeking to exploit United 
        States technology and other proprietary information as it 
        relates to such

[[Page 136 STAT. 5768]]

        biomedical research and development, and make recommendations 
        for additional policies and procedures to protect such 
        information;
            (3) identify national security risks and potential misuse of 
        proprietary information, and identifiable, sensitive information 
        of biomedical research participants and other applicable risks, 
        including with respect to peer review, and make recommendations 
        for additional policies and procedures to protect such 
        information;
            (4) develop a framework to identify areas of biomedical 
        research and development supported by the Federal Government 
        that are emerging areas of interest for state actors and would 
        compromise national security if they were to be subjected to 
        undue foreign influence; and
            (5) <<NOTE: Review.>> regularly review recommendations or 
        policies developed under this section and make additional 
        recommendations or updates, as appropriate.

    (b) Report to President and to Congress.--Not later than 1 year 
after the date of enactment of this Act, the Secretary shall prepare and 
submit, in a manner that does not compromise national security, to the 
President and the Committee on Health, Education, Labor, and Pensions 
and the Select Committee on Intelligence of the Senate, the Committee on 
Energy and Commerce and the Permanent Select Committee on Intelligence 
of the House of Representatives, and other congressional committees as 
appropriate, a report on the findings and recommendations pursuant to 
subsection (a).
SEC. 2325. GAO STUDY.

    (a)  <<NOTE: Assessment.>> In General.--The Comptroller General of 
the United States (referred to in this section as the ``Comptroller 
General'') shall conduct a study to assess the extent to which the 
Department of Health and Human Services (referred to in this section as 
the ``Department'') utilizes or provides funding to entities that 
utilize such funds for human genomic sequencing services or genetic 
services (as such term is defined in section 201(6) of the Genetic 
Information Nondiscrimination Act of 2008 (42 U.S.C. 2000ff(6))) 
provided by entities, or subsidiaries of such entities, organized under 
the laws of a country or countries of concern, in the estimation of the 
Director of National Intelligence or the head of another Federal 
department or agency, as appropriate.

    (b) Considerations.--In carrying out the study under this section, 
the Comptroller General shall--
            (1) consider--
                    (A) the extent to which the country or countries of 
                concern could obtain human genomic information of 
                citizens and residents of the United States from such 
                entities that sequence, analyze, collect, or store human 
                genomic information and which the Director of National 
                Intelligence or the head of another Federal department 
                or agency reasonably anticipates may use such 
                information in a manner inconsistent with the national 
                security interests of the United States;
                    (B) whether the Department or recipient of such 
                funds from the Department sought to provide funding to, 
                or to use, domestic entities with no such ties to the 
                country

[[Page 136 STAT. 5769]]

                or countries of concern for such purposes and any 
                barriers to the use of domestic entities; and
                    (C) whether data use agreements, data security 
                measures, and other such measures taken by the 
                Department or recipient of such funds from the 
                Department are sufficient to protect the identifiable, 
                sensitive information of the people of the United States 
                and the national security interests of the United 
                States; and
            (2) <<NOTE: Recommenda- tions.>> make recommendations to 
        address any vulnerabilities to the United States national 
        security identified, as appropriate.

    (c) Estimation.--In conducting the study under this section, the 
Comptroller General may, as appropriate and necessary to complete such 
study, investigate specific instances of such utilization of genetic 
sequencing services or genetic services, as described in subsection (a), 
to produce estimates of the potential prevalence of such utilization 
among entities in receipt of Departmental funds.
    (d) Report.--Not later than 2 years after the date of enactment of 
this Act, the Comptroller General shall submit a report on the study 
under this section, in a manner that does not compromise national 
security, to the Committee on Health, Education, Labor, and Pensions and 
the Select Committee on Intelligence of the Senate, and the Committee on 
Energy and Commerce and the Permanent Select Committee on Intelligence 
of the House of Representatives. The report shall be submitted in 
unclassified form, to the extent practicable, but may include a 
classified annex.
SEC. 2326. <<NOTE: 42 USC 242v-3.>> REPORT ON PROGRESS TO ADDRESS 
                          UNDUE FOREIGN INFLUENCE.

    Not later than 1 year after the date of enactment of this Act and 
annually thereafter, the Secretary shall prepare and submit to the 
Committee on Health, Education, Labor, and Pensions of the Senate and 
the Committee on Energy and Commerce in the House of Representatives, in 
a manner that does not compromise national security, a report on actions 
taken by the Secretary--
            (1) to address cases of noncompliance with disclosure 
        requirements or research misconduct related to foreign 
        influence, including--
                    (A) the number of potential noncompliance cases 
                investigated by the National Institutes of Health or 
                reported to the National Institutes of Health by a 
                research institution, including relating to undisclosed 
                research support, undisclosed conflicts of interest or 
                other conflicts of commitment, and peer review 
                violations;
                    (B) the number of cases referred to the Office of 
                Inspector General of the Department of Health and Human 
                Services, the Office of National Security of the 
                Department of Health and Human Services, the Federal 
                Bureau of Investigation, or other law enforcement 
                agencies;
                    (C) a description of enforcement actions taken for 
                noncompliance related to undue foreign influence; and
                    (D) any other relevant information; and
            (2) to prevent, address, and mitigate instances of 
        noncompliance with disclosure requirements or research 
        misconduct related to foreign influence.

[[Page 136 STAT. 5770]]

           CHAPTER 4--ADVANCED RESEARCH PROJECTS AGENCY-HEALTH

SEC. 2331. ADVANCED RESEARCH PROJECTS AGENCY-HEALTH.

    (a) In General.--Title IV of the Public Health Service Act is 
amended by adding at the end the following:

           ``PART J--ADVANCED RESEARCH PROJECTS AGENCY-HEALTH.

``SEC. 499A. <<NOTE: 42 USC 290c.>> ADVANCED RESEARCH PROJECTS 
                          AGENCY-HEALTH.

    ``(a) Establishment.--
            ``(1) In general.--There is established within the National 
        Institutes of Health the Advanced Research Projects Agency-
        Health (referred to in this section as `ARPA-
        H') <<NOTE: Deadline.>> . Not later than 180 days after the date 
        of enactment of this section, the Secretary shall transfer all 
        functions, personnel, missions, activities, authorities, and 
        funds of the Advanced Research Projects Agency for Health as in 
        existence on the date of enactment of this section, to ARPA-H 
        established by the preceding sentence.
            ``(2) Organization.--
                    ``(A) In general.--There shall be within ARPA-H--
                          ``(i) an Office of the Director;
                          ``(ii) not more than 8 program offices; and
                          ``(iii) such special project offices as the 
                      Director may establish.
                    ``(B) Requirement.--Not fewer than two-thirds of the 
                program offices of ARPA-H shall be exclusively dedicated 
                to supporting research and development activities, 
                consistent with the goals and functions described in 
                subsection (b).
                    ``(C)  <<NOTE: Determination.>> Notification.--The 
                Director shall submit a notification to the Committee on 
                Health, Education, Labor, and Pensions and the Committee 
                on Appropriations of the Senate and the Committee on 
                Energy and Commerce and the Committee on Appropriations 
                of the House of Representatives if the Director 
                determines that additional program offices are required 
                to carry out this section.
            ``(3) Exemption from certain policies of nih.--
                    ``(A) In general.--Except as otherwise provided for 
                in this section, and subject to subparagraph (B), in 
                establishing ARPA-H pursuant to paragraph (1), the 
                Secretary may exempt ARPA-H from policies and 
                requirements of the National Institutes of Health that 
                are in effect on the day before the date of enactment of 
                this section as necessary and appropriate to ensure 
                ARPA-H can most effectively achieve the goals described 
                in subsection (b)(1).
                    ``(B)  <<NOTE: Deadline. Federal Register, 
                publication.>> Notice.--Not later than 90 days after the 
                date of enactment of this section, the Secretary shall 
                publish a notice in the Federal Register describing the 
                specific policies and requirements of the National 
                Institutes of Health from which the Secretary intends to 
                exempt ARPA-H, including a rationale for such 
                exemptions.

    ``(b) Goals and Functions.--
            ``(1) Goals.--The goals of ARPA-H shall be to--

[[Page 136 STAT. 5771]]

                    ``(A) foster the development of novel, breakthrough, 
                and broadly applicable capabilities and technologies to 
                accelerate transformative innovation in biomedical 
                science and medicine in a manner that cannot be readily 
                accomplished through traditional Federal biomedical 
                research and development programs or commercial 
                activity;
                    ``(B) revolutionize the detection, diagnosis, 
                mitigation, prevention, treatment, and cure of diseases 
                and health conditions by overcoming long-term and 
                significant technological and scientific barriers to 
                developing transformative health technologies;
                    ``(C) promote high-risk, high-reward innovation to 
                enable the advancement of transformative health 
                technologies; and
                    ``(D) contribute to ensuring the United States--
                          ``(i) pursues initiatives that aim to maintain 
                      global leadership in science and innovation; and
                          ``(ii) improves the health and wellbeing of 
                      its citizens by supporting the advancement of 
                      biomedical science and innovation.
            ``(2) Functions.--ARPA-H shall achieve the goals specified 
        in paragraph (1) by addressing specific scientific or technical 
        questions by involving high-impact transformative, 
        translational, applied, and advanced research in relevant areas 
        of science, by supporting--
                    ``(A) discovery, identification, and promotion of 
                revolutionary advancements in science;
                    ``(B) translation of scientific discoveries into 
                transformative health technologies with potential 
                application for biomedical science and medicine;
                    ``(C) creation of platform capabilities that draw on 
                multiple disciplines;
                    ``(D) delivery of proofs of concept that demonstrate 
                meaningful advances with potential clinical application;
                    ``(E) development of new capabilities and methods to 
                identify potential targets and technological strategies 
                for early disease detection and intervention, such as 
                advanced computational tools and predictive models; and
                    ``(F) acceleration of transformational health 
                technological advances in areas with limited technical 
                certainty.

    ``(c) Director.--
            ``(1)  <<NOTE: President. Appointment.>> In general.--The 
        President shall appoint a director of ARPA-H (in this section 
        referred to as the `Director').
            ``(2) Qualifications.--The Director shall be an individual 
        who, by reason of professional background and experience--
                    ``(A) is especially qualified to advise the 
                Secretary on, and manage--
                          ``(i) research and development programs; and
                          ``(ii) large-scale, high-risk initiatives with 
                      respect to health research and technology 
                      development across multiple sectors, including 
                      identifying and supporting potentially 
                      transformative health technologies; and
                    ``(B) has a demonstrated ability to identify and 
                develop partnerships to address strategic needs in 
                meeting the goals described in subsection (b)(1).
            ``(3) Reporting.--The Director shall report to the Secretary 
        of Health and Human Services.

[[Page 136 STAT. 5772]]

            ``(4) Duties.--The duties of the Director shall include the 
        following:
                    ``(A) Establish strategic goals, objectives, and 
                priorities for ARPA-H to advance the goals described in 
                subsection (b)(1).
                    ``(B) Approve the projects and programs of ARPA-H 
                and restructure, expand, or terminate any project or 
                program within ARPA-H that is not achieving its goals.
                    ``(C) Develop funding criteria and assess the 
                success of programs through the establishment of 
                technical milestones.
                    ``(D) Request that applications for funding disclose 
                current and previous research and development efforts 
                related to such applications, as appropriate, and 
                identify any challenges associated with such efforts, 
                including any scientific or technical barriers 
                encountered in the course of such efforts or challenges 
                in securing sources of funding, as applicable.
                    ``(E) Coordinate with the heads of relevant Federal 
                departments and agencies to facilitate sharing of data 
                and information, as applicable and appropriate, and 
                ensure that research supported by ARPA-H is informed by 
                and supplements, not supplants, the activities of such 
                departments and agencies and is free of unnecessary 
                duplication of effort.
                    ``(F) Ensure ARPA-H does not provide funding for a 
                project unless the program manager determines that the 
                project aligns with the goals described in subsection 
                (b)(1).
                    ``(G) Prioritize investments based on considerations 
                such as--
                          ``(i) scientific opportunity and potential 
                      impact, especially in areas that fit within the 
                      strategies and operating practices of ARPA-H and 
                      require public-private partnerships to effectively 
                      advance research and development activities; and
                          ``(ii) the potential applications that an 
                      innovation may have to address areas of currently 
                      unmet need in medicine and health, including 
                      health disparities and the potential to prevent 
                      progression to serious disease.
                    ``(H) Encourage strategic collaboration and 
                partnerships with a broad range of entities, which may 
                include institutions of higher education, minority-
                serving institutions (defined, for the purposes of this 
                section, as institutions and programs described in 
                section 326(e)(1) of the Higher Education Act of 1965 
                and institutions described in section 371(a) of such 
                Act), industry, nonprofit organizations, Federally 
                funded research and development centers, or consortia of 
                such entities.
            ``(5) Term.--Notwithstanding section 405(a)(2), the 
        Director--
                    ``(A) shall be appointed for a 4-year term; and
                    ``(B) may be reappointed for 1 consecutive 4-year 
                term.
            ``(6) Autonomy of agency regarding recommendations and 
        testimony.--No office or agency of the United States shall have 
        authority to require the Director to submit legislative 
        recommendations, or testimony or comments on legislation, to

[[Page 136 STAT. 5773]]

        any officer or agency of the United States for approval, 
        comments, or review prior to the submission of such 
        recommendations, testimony or comments to Congress, if such 
        recommendations, testimony, or comments to Congress include a 
        statement indicating that the views expressed therein are those 
        of the Director and do not necessarily reflect the views of the 
        President or another Federal department, agency, or office.
            ``(7)  <<NOTE: Appointment.>> Deputy director.--The Director 
        shall appoint a Deputy Director to serve as the principal 
        assistant to the Director.
            ``(8) Nonapplication of certain provision.--The restrictions 
        contained in section 202 of the Departments of Labor, Health and 
        Human Services, and Education, and Related Agencies 
        Appropriations Act, 1993 (Public Law 102-394; 42 U.S.C. 238f 
        note) related to consultants and individual scientists appointed 
        for limited periods of time shall not apply to the Director 
        appointed under this subsection.

    ``(d) Application of Certain Flexibilities.--The flexibilities 
provided to the National Institutes of Health under section 301(g) shall 
apply to ARPA-H with respect to the functions described in subsection 
(b)(2).
    ``(e) Protection of Information.--
            ``(1) No authorization for disclosure.--Nothing in this 
        section shall be construed as authorizing the Director to 
        disclose any information that is a trade secret or other 
        privileged or confidential information subject to section 
        552(b)(4) of title 5, United States Code, or section 1905 of 
        title 18, United States Code.
            ``(2) Reporting.--If there have been requests under section 
        522 of title 5, United States Code, or the Secretary has used 
        such authority to withhold information within the preceding 
        year, not later than 1 year after the date of enactment of this 
        section, and annually thereafter, the Director shall report to 
        the Committee on Health, Education, Labor, and Pensions of the 
        Senate and the Committee on Energy and Commerce of the House of 
        Representatives on--
                    ``(A) the number of instances in which the Secretary 
                has used the authority under this subsection to withhold 
                information from disclosure; and
                    ``(B) the nature of any request under section 552 of 
                title 5, United States Code, or section 1905 of title 
                18, United States Code, that was denied using such 
                authority.
            ``(3) Clarification.--The protections for trade secrets or 
        other privileged or confidential information described in 
        paragraph (1) shall not be construed to limit the availability 
        or disclosure of information necessary to inform and facilitate 
        the evaluation required under subsection (k)(2). Any such 
        information made available to members of the National Academies 
        of Sciences, Engineering, and Medicine (referred to in this 
        section as the `National Academies') for such evaluation shall 
        be kept confidential by such members and shall not be used for 
        any purposes other than informing and facilitating the 
        evaluation required under subsection (k)(2).

    ``(f) Cooperation With the Food and Drug Administration.--

[[Page 136 STAT. 5774]]

            ``(1) In general.--In order to facilitate the enhanced 
        collaboration and communication with respect to the most current 
        priorities of ARPA-H, the Food and Drug Administration may meet 
        with ARPA-H and any other Federal partners at appropriate 
        intervals to discuss the development status, and actions that 
        may be taken to facilitate the development, of medical products 
        and projects that are the highest priorities to ARPA-H.
            ``(2) Reimbursement.--Utilizing interagency agreements or 
        other appropriate resource allocation mechanisms available, the 
        Director shall reimburse, using funds made available to ARPA-H, 
        the Food and Drug Administration, as appropriate, for activities 
        identified by the Commissioner of Food and Drugs and the 
        Director as being conducted by the Food and Drug Administration 
        under the authority of this subsection.

    ``(g) Awards.--
            ``(1)  <<NOTE: Contracts.>> In general.--In carrying out 
        this section, the Director may--
                    ``(A) <<NOTE: Grants. Requirements. Public 
                information.>> award grants and cooperative agreements, 
                which shall include requirements to publicly report 
                indirect facilities and administrative costs, broken out 
                by fixed capital costs, administrative overhead, and 
                labor costs;
                    ``(B) award contracts, which may include multi-year 
                contracts subject to section 3903 of title 41, United 
                States Code;
                    ``(C) <<NOTE: Cash prizes.>> award cash prizes, 
                utilizing the authorities and processes established 
                under section 24 of the Stevenson-Wydler Technology 
                Innovation Act of 1980; and
                    ``(D) enter into other transactions, as defined by 
                section 319L(a)(3), subject to paragraph (2).
            ``(2) Limitations on entering into other transactions.--
                    ``(A) Use of competitive procedures.--To the maximum 
                extent practicable, competitive procedures shall be used 
                when entering into other transactions under this 
                section.
                    ``(B) Written determination required.--The authority 
                of paragraph (1)(D) may be exercised for a project if 
                the program manager--
                          ``(i) submits a request to the Director for 
                      each individual use of such authority before 
                      conducting or supporting a program, including an 
                      explanation of why the use of such authority is 
                      essential to promoting the success of the project;
                          ``(ii) receives approval for the use of such 
                      authority from the Director; and
                          ``(iii) for each year in which the program 
                      manager has used such authority in accordance with 
                      this paragraph, submits a report to the Director 
                      on the activities of the program related to such 
                      project.
            ``(3) Exemptions from certain requirements.--Research funded 
        by ARPA-H shall not be subject to the requirements of section 
        406(a)(3)(A)(ii) or section 492.

    ``(h) Facilities Authority.--
            ``(1)  <<NOTE: Contracts. Real property.>> In general.--The 
        Director is authorized, for administrative purposes, to--

[[Page 136 STAT. 5775]]

                    ``(A) acquire (by purchase, lease, condemnation or 
                otherwise), construct, improve, repair, operate, and 
                maintain such real and personal property as are 
                necessary to carry out this section; and
                    ``(B) <<NOTE: Time period.>> lease an interest in 
                property for not more than 20 years, notwithstanding 
                section 1341(a)(1) of title 31, United States Code.
            ``(2) Locations.--
                    ``(A) In general.--ARPA-H, including its 
                headquarters, shall not be located on any part of the 
                existing National Institutes of Health campuses.
                    ``(B) Number of locations.--ARPA-H shall have 
                offices or facilities in not less than 3 geographic 
                areas.
                    ``(C) Considerations.--In determining the location 
                of each office or facility, the Director shall make a 
                fair and open consideration of--
                          ``(i) the characteristics of the intended 
                      location; and
                          ``(ii) the extent to which such location will 
                      facilitate advancement of the goals and functions 
                      specified in subsection (b).

    ``(i) Personnel.--
            ``(1) In general.--The Director may--
                    ``(A) <<NOTE: Appointments.>> appoint and remove 
                scientific, engineering, medical, and professional 
                personnel, which may include temporary or term-limited 
                appointments as determined by the Director to fulfill 
                the mission of ARPA-H, without regard to any provision 
                in title 5, United States Code, governing appointments 
                and removals under the civil service laws;
                    ``(B) <<NOTE: Determination.>> notwithstanding any 
                other provision of law, including any requirement with 
                respect to General Schedule pay rates under subchapter 
                III of chapter 53 of title 5, United States Code, fix 
                the base pay compensation of such personnel at a rate to 
                be determined by the Director, up to the amount of 
                annual compensation (excluding expenses) specified in 
                section 102 of title 3, United States Code; and
                    ``(C) <<NOTE: Contracts.>> contract with private 
                recruiting firms for assistance in identifying highly 
                qualified candidates for technical positions needed to 
                carry out this section.
            ``(2) Support staff.--The Director may use authorities in 
        existence on the date of enactment of this section that are 
        provided to the Secretary to hire administrative, financial, 
        clerical, and other staff necessary to carry out functions that 
        support the goals and functions described in subsection (b).
            ``(3)  <<NOTE: Appointments.>> Number of personnel.--The 
        Director may appoint not more than 210 personnel under this 
        section. <<NOTE: Notification. Determination.>>  The Director 
        shall submit a notification to the Committee on Health, 
        Education, Labor, and Pensions and the Committee on 
        Appropriations of the Senate and the Committee on Energy and 
        Commerce and the Committee on Appropriations of the House of 
        Representatives if the Director determines that additional 
        personnel are required to carry out this section.
            ``(4) Clarification on previous positions.--
                    ``(A)  <<NOTE: Time period.>> In general.--Except as 
                provided in subparagraph (B), the Director shall ensure 
                that the personnel who are appointed to staff or support 
                ARPA-H are individuals who,

[[Page 136 STAT. 5776]]

                at the time of appointment and for 3 years prior to such 
                appointment, were not employed by the National 
                Institutes of Health. <<NOTE: Exemption.>> The Director 
                may grant an exemption only for individuals who are 
                uniquely qualified, by way of professional background 
                and expertise, to advance the goals and functions 
                specified in subsection (b).
                    ``(B) Nonapplication of provision.--The restriction 
                provided under subparagraph (A) shall not apply to any 
                individuals who are employed by ARPA-H on the date of 
                enactment of this section.
            ``(5) Additional considerations.--In appointing personnel 
        under this subsection, the Director--
                    ``(A) <<NOTE: Contracts.>> may contract with private 
                entities for the purposes of recruitment services;
                    ``(B) shall make efforts to recruit a diverse 
                workforce, including individuals underrepresented in 
                science, engineering, and medicine, including racial and 
                ethnic minorities, provided such efforts do not conflict 
                with applicable Federal civil rights law, and 
                individuals with a variety of professional experiences 
                or backgrounds; and
                    ``(C) shall recruit program managers with 
                demonstrated expertise in a wide range of scientific 
                disciplines and management skills.
            ``(6) Use of intergovernmental personnel act.--To the extent 
        needed to carry out the authorities under paragraph (1) and the 
        goals and functions specified in subsection (b), the Director 
        may utilize hiring authorities under sections 3371 through 3376 
        of title 5, United States Code.
            ``(7)  <<NOTE: Time period.>> Authority to accept federal 
        detailees.--The Director may accept officers or employees of the 
        United States or members of the uniformed service on a detail 
        from an element of the Federal Government, on a reimbursable or 
        a nonreimbursable basis, as jointly agreed to by the heads of 
        the receiving and detailing elements, for a period not to exceed 
        3 years.

    ``(j) Program Managers.--
            ``(1)  <<NOTE: Appointments. Time periods.>> In general.--
        The Director shall appoint program managers for 3-year terms 
        (and may reappoint such program managers for 1 additional 
        consecutive 3-year term) for the programs carried out by ARPA-H.
            ``(2) Duties.--A program manager shall--
                    ``(A) establish, in consultation with the Director, 
                research and development goals for programs, including 
                timelines and milestones, and make such goals available 
                to the public;
                    ``(B) manage applications and proposals, through the 
                appropriate officials, for making awards as described in 
                subsection (g) for activities consistent with the goals 
                and functions described in subsection (b);
                    ``(C) issue funding opportunity announcements, using 
                uniform administrative processes, as appropriate;
                    ``(D) select, on the basis of merit, each of the 
                projects to be supported under a program carried out by 
                ARPA-H, and taking into consideration--
                          ``(i) the scientific, technical merit, and 
                      novelty of the proposed project;

[[Page 136 STAT. 5777]]

                          ``(ii) the ability of the applicant to 
                      successfully carry out the proposed project;
                          ``(iii) the potential future commercial 
                      applications of the project proposed by the 
                      applicant, including whether such applications may 
                      have the potential to address areas of currently 
                      unmet need within biomedicine and improve health 
                      outcomes;
                          ``(iv) the degree to which the proposed 
                      project has the potential to transform biomedicine 
                      and addresses a scientific or technical question 
                      pursuant to subsection (b);
                          ``(v) the potential for the project to take an 
                      interdisciplinary approach; and
                          ``(vi) such other criteria as established by 
                      the Director;
                    ``(E) provide project oversight and management of 
                strategic initiatives to advance the program, including 
                by conducting project reviews not later than 18 months 
                after the date of funding awards to identify and monitor 
                progress of milestones with respect to each project and 
                prior to disbursement of additional funds;
                    ``(F) provide recommendations to the Director with 
                respect to advancing the goals and functions specified 
                in subsection (b);
                    ``(G) encourage research collaborations and 
                cultivate opportunities for the application or 
                utilization of successful projects, including through 
                identifying and supporting applicable public-private 
                partnerships or partnerships between or among award 
                recipients;
                    ``(H) provide recommendations to the Director to 
                establish, expand, restructure, or terminate 
                partnerships or projects; and
                    ``(I) communicate and collaborate with leaders and 
                experts within the health care and biomedical research 
                and development fields, including from both the public 
                and private sectors and, as necessary, through the 
                convening of workshops and meetings, to identify 
                research and development gaps and opportunities and 
                solicit stakeholder input on programs and goals.

    ``(k) Reports and Evaluation.--
            ``(1) Annual report.--
                    ``(A) In general.--Beginning not later than 1 year 
                after the date of enactment of this section, as part of 
                the annual budget request submitted for each fiscal 
                year, the Director shall submit a report on the actions 
                undertaken, and the results generated, by ARPA-H, 
                including--
                          ``(i) <<NOTE: Time period.>> a description of 
                      projects supported by ARPA-H in the previous 
                      fiscal year and whether such projects are meeting 
                      the goals developed by the Director pursuant to 
                      subsection (c)(4)(A);
                          ``(ii) <<NOTE: Time period.>> a description of 
                      projects terminated in the previous fiscal year, 
                      and the reason for such termination;
                          ``(iii) <<NOTE: Time period.>> a description 
                      of planned programs starting in the next fiscal 
                      year, pending the availability of funding;

[[Page 136 STAT. 5778]]

                          ``(iv) activities conducted in coordination 
                      with other Federal departments and agencies;
                          ``(v) a description of any successes with, or 
                      barriers to, coordinating with other Federal 
                      departments and agencies to achieve the goals and 
                      functions under subsection (b);
                          ``(vi) aggregated demographic information, if 
                      available, of direct recipients and performers in 
                      funded projects and of the ARPA-H workforce 
                      (consistent with the reporting requirements under 
                      paragraph (3)); and
                          ``(vii) <<NOTE: Summary.>> a summary of award 
                      recipient compliance with section 2321 of the 
                      PREVENT Pandemics Act.
                    ``(B) Submission to congress.--The report under 
                subparagraph (A) shall be submitted to--
                          ``(i) the Committee on Energy and Commerce and 
                      the Committee on Appropriations of the House of 
                      Representatives; and
                          ``(ii) the Committee on Health, Education, 
                      Labor, and Pensions and the Committee on 
                      Appropriations of the Senate.
            ``(2) Evaluation.--
                    ``(A)  <<NOTE: Contracts.>> In general.--Not later 
                than 5 years after the date of the enactment of this 
                section, the Director shall seek to enter into an 
                agreement with the National Academies under which the 
                National Academies conducts an evaluation of whether 
                ARPA-H is meeting the goals and functions specified in 
                subsection (b).
                    ``(B)  <<NOTE: Requirements. Public 
                information.>> Submission of results.--The agreement 
                entered into under subparagraph (A) shall require the 
                National Academies to submit the evaluation conducted 
                under such agreement to the Director, the Committee on 
                Health, Education, Labor, and Pensions of the Senate, 
                and the Committee on Energy and Commerce of the House of 
                Representatives, and make the report publicly available.
            ``(3) Reporting related to arpa-h personnel.--
                    ``(A)  <<NOTE: Records.>> In general.--The Director 
                shall establish and maintain records regarding the use 
                of the authority under subsection (i)(1)(A), including--
                          ``(i) the number of positions filled through 
                      such authority;
                          ``(ii) the types of appointments of such 
                      positions;
                          ``(iii) the titles, occupational series, and 
                      grades of such positions;
                          ``(iv) the number of positions publicly 
                      noticed to be filled under such authority;
                          ``(v) the number of qualified applicants who 
                      apply for such positions;
                          ``(vi) the qualification criteria for such 
                      positions; and
                          ``(vii) the demographic information of 
                      individuals appointed to such positions.
                    ``(B) Reports to congress.--Not later than 2 years 
                after the date of enactment of this section, and 
                annually thereafter for each fiscal year in which such 
                authority is used, the Director shall submit to the 
                Committee on Health, Education, Labor, and Pensions of 
                the Senate and the Committee on Energy and Commerce of 
                the House

[[Page 136 STAT. 5779]]

                of Representatives a report describing the total number 
                of appointments filled under subsection (i) within the 
                fiscal year and how the positions relate to the goals 
                and functions of ARPA-H.
                    ``(C) GAO report.--Not later than 2 years after the 
                date of enactment of this section, the Comptroller 
                General of the United States shall submit to the 
                Committee on Health, Education, Labor, and Pensions of 
                the Senate and the Committee on Energy and Commerce of 
                the House of Representatives a report on the use of the 
                authority provided under subsection (i)(1)(A). Such 
                report shall, in a manner that protects personal 
                privacy, to the extent required by applicable Federal 
                and State privacy law, at a minimum, include information 
                on--
                          ``(i) the number of positions publicly noticed 
                      and filled under the authority under subsection 
                      (i);
                          ``(ii) the occupational series, grades, and 
                      types of appointments of such positions;
                          ``(iii) how such positions related to 
                      advancing the goals and functions of ARPA-H;
                          ``(iv) how the Director made appointment 
                      decisions under subsection (i);
                          ``(v) a summary of sources used to identify 
                      candidates for filling such positions, as 
                      applicable;
                          ``(vi) the number of individuals appointed;
                          ``(vii) aggregated demographic information 
                      related to individuals appointed; and
                          ``(viii) <<NOTE: Recommenda- tions.>> any 
                      challenges, limitations, or gaps related to the 
                      use of the authority under subsection (i) and any 
                      related recommendations to address such 
                      challenges, limitations, or gaps.

    ``(l) <<NOTE: Deadline.>> Strategic Plan.--Not later than 1 year 
after the date of the enactment of this section, and every 3 years 
thereafter, the Director shall provide to the Committee on Health, 
Education, Labor, and Pensions and the Committee on Appropriations of 
the Senate and the Committee on Energy and Commerce and the Committee on 
Appropriations of the House of Representatives a strategic plan 
describing how ARPA-H will carry out investments each fiscal year in the 
following 3-year period. The requirements regarding individual institute 
and center strategic plans under section 402(m), including paragraph (3) 
of such subsection, shall not apply to ARPA-H.

    ``(m)  <<NOTE: Deadline.>> Independent Review.--Not later than 1 
year after the date of the enactment of this section, and every 4 years 
thereafter, the Comptroller General of the United States shall conduct, 
and submit to the Committee on Health, Education, Labor, and Pensions of 
the Senate and the Committee on Energy and Commerce of the House of 
Representatives, an independent review of the biomedical research and 
development portfolio of the Department of Health and Human Services, 
including ARPA-H, the National Institutes of Health, the Food and Drug 
Administration, and the Biomedical Advanced Research and Development 
Authority--
            ``(1) <<NOTE: Assessment.>> to assess the degree of any 
        potential duplication of existing Federal programs and projects; 
        and
            ``(2) <<NOTE: Recommenda- tions.>> to make any 
        recommendations regarding any potential reorganization, 
        consolidation, or termination of such programs and projects.

[[Page 136 STAT. 5780]]

    ``(n) Prioritization.--
            ``(1) In general.--The Director shall--
                    ``(A) prioritize awarding grants, cooperative 
                agreements, contracts, prizes, and other transaction 
                awards to entities that will conduct funded work in the 
                United States;
                    ``(B) as appropriate and practicable, encourage 
                nondomestic recipients of any grants, cooperative 
                agreements, contracts, prizes, and other transactions 
                under this section to collaborate with a domestic 
                entity;
                    ``(C) not make awards under this section to 
                nondomestic entities organized under the laws of a 
                covered foreign country (as defined in section 119C of 
                the National Security Act of 1947 (50 U.S.C. 3059)); and
                    ``(D) in accordance with the requirements of chapter 
                33 of title 41, United States Code, and the Federal 
                Acquisition Regulation, not make awards under this 
                section to entities that have more than 3 ongoing 
                concurrent awards under this section.
            ``(2)  <<NOTE: Waiver authority.>> Clarification.--In making 
        an award under this section, the Director may waive the 
        requirements of subparagraphs (A), (B), and (D) of paragraph (1) 
        if such requirements cannot reasonably be met, and the proposed 
        project has the potential to advance the goals described in 
        subsection (b)(1). <<NOTE: Notice. Deadline.>> The Director 
        shall provide notice to Congress not later than 30 days after 
        waiving such requirements.

    ``(o) Additional Consultation.--In carrying out this section, the 
Director may consult with--
            ``(1) the President's Council of Advisors on Science and 
        Technology;
            ``(2) representatives of professional or scientific 
        organizations, including academia and industry, with expertise 
        in specific technologies under consideration or development by 
        ARPA-H;
            ``(3) an existing advisory committee providing advice to the 
        Secretary or the head of any operating or staff division of the 
        Department;
            ``(4) the advisory committee established under subsection 
        (p); and
            ``(5) any other entity the Director may deem appropriate.

    ``(p) Advisory Committee.--
            ``(1)  <<NOTE: Establishment.>> In general.--There is 
        established an ARPA-H Interagency Advisory Committee (referred 
        to in this subsection as the `Advisory Committee') to coordinate 
        efforts and provide advice and assistance on specific program or 
        project tasks and the overall direction of ARPA-H.
            ``(2) Members.--The Advisory Committee established under 
        paragraph (1) shall consist of the heads of the following 
        agencies or their designees:
                    ``(A) The National Institutes of Health.
                    ``(B) The Centers for Disease Control and 
                Prevention.
                    ``(C) The Food and Drug Administration.
                    ``(D) The Office of the Assistant Secretary for 
                Preparedness and Response.
                    ``(E) The Office of the Assistant Secretary of 
                Health.
                    ``(F) The Defense Advanced Research Projects Agency.
                    ``(G) The Office of Science of the Department of 
                Energy.
                    ``(H) The National Science Foundation.

[[Page 136 STAT. 5781]]

                    ``(I) Any other agency or office with subject matter 
                expertise that the Director of ARPA-H determines 
                appropriate to advance programs or projects under this 
                section.
            ``(3) Nonapplicability of faca.--The Federal Advisory 
        Committee Act (5 U.S.C. App.) shall not apply to the Advisory 
        Committee.
            ``(4) Advisory nature.--The functions of the Advisory 
        Committee shall be advisory in nature, and nothing in this 
        subsection shall be construed as granting such Committee 
        authority over the activities authorized under this section.
            ``(5) Performance measures framework.--
                    ``(A) In general.--The Director, in consultation 
                with the Advisory Committee, shall develop a performance 
                measures framework for programs or projects supported by 
                ARPA-H in order to inform and facilitate the evaluation 
                required under subsection (k)(2), including 
                identification of any data needed to perform such 
                evaluation,
                    ``(B)  <<NOTE: Data.>> Availability of performance 
                measures.--The Director shall provide to the National 
                Academies such performance measures and data necessary 
                to perform the evaluation required under subsection 
                (k)(2).

    ``(q) Rule of Construction.--The authorities under this section, 
with respect to the Director, are additional authorities that do not 
supersede or modify any existing authorities.
    ``(r) Transformative Health Technology Defined.--In this section, 
the term `transformative health technology' means a novel, broadly 
applicable capability or technology--
            ``(1) that has potential to revolutionize the detection, 
        diagnosis, mitigation, prevention, cure, or treatment of a 
        disease or health condition that can cause severe health 
        outcomes and which is an area of currently unmet need; and
            ``(2) for which--
                    ``(A) significant scientific or technical challenges 
                exist; or
                    ``(B) incentives in the commercial market are 
                unlikely to result in the adequate or timely development 
                of such capability or technology.

    ``(s)  <<NOTE: Time periods.>> Authorization of Appropriations.--To 
carry out this section, there is authorized to be appropriated 
$500,000,000 for each of the fiscal years 2024 through 2028, to remain 
available until expended.

    ``(t)  <<NOTE: Proposal.>> Additional Budget Clarification.--Any 
budget request for ARPA-H shall propose a separate appropriation from 
the other accounts of the National Institutes of Health.''.

    (b)  <<NOTE: Reviews. Assessment. Animals.>> GAO Report on Certain 
Research Requirements.--The Comptroller General of the United States 
shall conduct a review to assess the extent to which relevant research 
conducted or supported by the National Institutes of Health meets 
Federal animal research requirements pursuant of the Public Health 
Service Policy on Humane Care and Use of Laboratory Animals. Such review 
shall also consider whether, for research conducted or supported by the 
National Institutes of Health that involves the use of animals, the 
processes of the National Institutes of Health for reviewing initial 
research proposals and monitoring funded research include a review of 
project protocols and methods to ensure that results generated by such 
project may be reasonably anticipated to be reproducible and replicable 
and achieve similar results, as

[[Page 136 STAT. 5782]]

applicable, in clinical trials. Not later than 2 years after the date of 
enactment of this Act, the Comptroller General shall submit a report on 
the review required under this subsection to the Committee on Health, 
Education, Labor, and Pensions of the Senate and the Committee on Energy 
and Commerce of the House of Representatives.

  Subtitle D--Modernizing and Strengthening the Supply Chain for Vital 
                            Medical Products

SEC. 2401. WARM BASE MANUFACTURING CAPACITY FOR MEDICAL 
                          COUNTERMEASURES.

    (a) In General.--Section 319L of the Public Health Service Act (42 
U.S.C. 247d-7e) is amended--
            (1) in subsection (a)(6)(B)--
                    (A) by redesignating clauses (iv) and (v) as clauses 
                (v) and (vi), respectively;
                    (B) by inserting after clause (iii), the following:
                          ``(iv) activities to support, maintain, and 
                      improve domestic manufacturing surge capacity and 
                      capabilities, as appropriate, including through 
                      the utilization of advanced manufacturing and 
                      platform technologies, to increase the 
                      availability of products that are or may become 
                      qualified countermeasures or qualified pandemic or 
                      epidemic products;''; and
                    (C) in clause (vi) (as so redesignated), by 
                inserting ``manufacturing,'' after ``improvement,'';
            (2) in subsection (b)--
                    (A) in the first sentence of paragraph (1), by 
                inserting ``support for domestic manufacturing surge 
                capacity and capabilities,'' after ``initiatives for 
                innovation,''; and
                    (B) in paragraph (2)--
                          (i) in subparagraph (B), by striking ``and'' 
                      at the end;
                          (ii) by redesignating subparagraph (C) as 
                      subparagraph (D); and
                          (iii) by inserting after subparagraph (B), the 
                      following:
                    ``(C) activities to support, maintain, and improve 
                domestic manufacturing surge capacity and capabilities, 
                as appropriate, including through the utilization of 
                advanced manufacturing and platform technologies, to 
                increase the availability of products that are or may 
                become qualified countermeasures or qualified pandemic 
                or epidemic products; and'';
            (3) in subsection (c)--
                    (A) in paragraph (2)(B), by inserting before the 
                semicolon ``, including through the establishment and 
                maintenance of domestic manufacturing surge capacity and 
                capabilities, consistent with subsection 
                (a)(6)(B)(iv)'';
                    (B) in paragraph (4)--
                          (i) in subparagraph (A)--
                                    (I) in clause (i)--

[[Page 136 STAT. 5783]]

                                            (aa) in subclause (I), by 
                                        striking ``and'' at the end; and
                                            (bb) by adding at the end 
                                        the following:
                                    ``(III) facilitating such 
                                communication, as appropriate, regarding 
                                manufacturing surge capacity and 
                                capabilities with respect to qualified 
                                countermeasures and qualified pandemic 
                                or epidemic products to prepare for, or 
                                respond to, a public health emergency or 
                                potential public health emergency; and
                                    ``(IV) facilitating such 
                                communication, as appropriate and in a 
                                manner that does not compromise national 
                                security, with respect to potential 
                                eligibility for the material threat 
                                medical countermeasure priority review 
                                voucher program under section 565A of 
                                the Federal Food, Drug, and Cosmetic 
                                Act;'';
                                    (II) in clause (ii)(III), by 
                                striking ``and'' at the end;
                                    (III) by redesignating clause (iii) 
                                as clause (iv); and
                                    (IV) by inserting after clause (ii), 
                                the following:
                          ``(iii) communicate regularly with entities in 
                      receipt of an award pursuant to subparagraph 
                      (B)(v), and facilitate communication between such 
                      entities and other entities in receipt of an award 
                      pursuant to subparagraph (B)(iv), as appropriate, 
                      for purposes of planning and response regarding 
                      the availability of countermeasures and the 
                      maintenance of domestic manufacturing surge 
                      capacity and capabilities, including any planned 
                      uses of such capacity and capabilities in the 
                      near- and mid-term, and identification of any 
                      significant challenges related to the long-term 
                      maintenance of such capacity and capabilities; 
                      and'';
                          (ii) in subparagraph (B)--
                                    (I) in clause (iii), by striking 
                                ``and'' at the end;
                                    (II) in clause (iv), by striking the 
                                period and inserting ``; and''; and
                                    (III) by adding at the end the 
                                following:
                          ``(v) <<NOTE: Contracts. Grants.>> award 
                      contracts, grants, and cooperative agreements and 
                      enter into other transactions to support, 
                      maintain, and improve domestic manufacturing surge 
                      capacity and capabilities, including through 
                      supporting flexible or advanced manufacturing, to 
                      ensure that additional capacity is available to 
                      rapidly manufacture products that are or may 
                      become qualified countermeasures or qualified 
                      pandemic or epidemic products in the event of a 
                      public health emergency declaration or significant 
                      potential for a public health emergency.'';
                          (iii) in subparagraph (C)--
                                    (I) in clause (i), by striking 
                                ``and'' at the end;
                                    (II) in clause (ii), by striking the 
                                period at the end and inserting ``; 
                                and''; and
                                    (III) by adding at the end the 
                                following:

[[Page 136 STAT. 5784]]

                          
                      ``(iii) <<NOTE: Consultation. Compliance.>> consult
                       with the Commissioner of Food and Drugs, pursuant 
                      to section 565(b)(2) of the Federal Food, Drug, 
                      and Cosmetic Act, to ensure that facilities 
                      performing manufacturing, pursuant to an award 
                      under subparagraph (B)(v), are in compliance with 
                      applicable requirements under such Act and this 
                      Act, as appropriate, including current good 
                      manufacturing practice pursuant to section 
                      501(a)(2)(B) of the Food, Drug, and Cosmetic Act; 
                      and'';
                          (iv) in subparagraph (D)(i), by inserting ``, 
                      including to improve manufacturing capacities and 
                      capabilities for medical countermeasures'' before 
                      the semicolon;
                          (v) in subparagraph (E)(ix), by striking 
                      ``2023'' and inserting ``2028''; and
                          (vi) by adding at the end the following:
                    ``(G) Annual reports by award recipients.--As a 
                condition of receiving an award under subparagraph 
                (B)(v), a recipient shall develop and submit to the 
                Secretary annual reports related to the maintenance of 
                such capacity and capabilities, including ensuring that 
                such capacity and capabilities are able to support the 
                rapid manufacture of countermeasures as required by the 
                Secretary.''; and
                    (C) in paragraph (5), by adding at the end the 
                following:
                    ``(H) Supporting warm-base and surge capacity and 
                capabilities.--Pursuant <<NOTE: Payments.>>  to an award 
                under subparagraph (B)(v), the Secretary may make 
                payments for activities necessary to maintain domestic 
                manufacturing surge capacity and capabilities supported 
                under such award to ensure that such capacity and 
                capabilities are able to support the rapid manufacture 
                of countermeasures as required by the Secretary to 
                prepare for, or respond to, an existing or potential 
                public health emergency or otherwise address threats 
                that pose a significant level of risk to national 
                security. The Secretary may support the utilization of 
                such capacity and capabilities under awards for 
                countermeasure and product advanced research and 
                development, as appropriate, to provide for the 
                maintenance of such capacity and capabilities.''; and
            (4) in subsection (f)--
                    (A) in paragraph (1), by striking ``Not later than 
                180 days after the date of enactment of this 
                subsection'' and inserting ``Not later than 180 days 
                after the date of enactment of the PREVENT Pandemics 
                Act'';
                    (B) in paragraph (2)--
                          (i) in the matter preceding subparagraph (A), 
                      by striking ``this subsection'' and inserting 
                      ``the PREVENT Pandemics Act'';
                          (ii) in subparagraph (B), by striking ``and'' 
                      at the end; and
                          (iii) in subparagraph (C), by striking the 
                      period and inserting ``; and''; and
                    (C) by adding at the end the following:
                    ``(D) <<NOTE: Plans. Assessments. Recommenda- 
                tions.>> plans for the near-, mid-, and long-term 
                sustainment of manufacturing activities carried out 
                under this section, including such activities pursuant 
                to subsection (c)(5)(H), specific actions to regularly 
                assess the

[[Page 136 STAT. 5785]]

                ability of recipients of an award under subsection 
                (c)(4)(B)(v) to rapidly manufacture countermeasures as 
                required by the Secretary, and recommendations to 
                address challenges, if any, related to such 
                activities.''.
SEC. 2402. SUPPLY CHAIN CONSIDERATIONS FOR THE STRATEGIC NATIONAL 
                          STOCKPILE.

    Subclause (II) of section 319F-2(a)(2)(B)(i) of the Public Health 
Service Act (42 U.S.C. 247d-6b(a)(2)(B)(i)) is amended to read as 
follows:
                                    ``(II) planning considerations for 
                                appropriate manufacturing capacity and 
                                capability to meet the goals of such 
                                additions or modifications (without 
                                disclosing proprietary information), 
                                including--
                                            ``(aa) consideration of the 
                                        effect such additions or 
                                        modifications may have on the 
                                        availability of such products 
                                        and ancillary medical supplies 
                                        on the health care system; and
                                            
                                        ``(bb) <<NOTE: Assessment.>> an 
                                        assessment of the current supply 
                                        chain for such products, 
                                        including information on supply 
                                        chain redundancies, any known 
                                        domestic manufacturing capacity 
                                        for such products, and any 
                                        related vulnerabilities;''.
SEC. 2403. STRATEGIC NATIONAL STOCKPILE EQUIPMENT MAINTENANCE.

    Section 319F-2(a)(3) of the Public Health Service Act (42 U.S.C. 
247d-6b(a)(3)) is amended--
            (1) in subparagraph (B), by inserting ``, regularly 
        reviewed, and updated'' after ``followed''; and
            (2) by amending subparagraph (D) to read as follows:
                    ``(D) <<NOTE: Review. Revision.>> review and revise, 
                as appropriate, the contents of the stockpile on a 
                regular basis to ensure that--
                          ``(i) emerging threats, advanced technologies, 
                      and new countermeasures are adequately considered;
                          ``(ii) the potential depletion of 
                      countermeasures currently in the stockpile is 
                      identified and appropriately addressed, including 
                      through necessary replenishment; and
                          ``(iii) such contents are in working condition 
                      or usable, as applicable, and are ready for 
                      deployment, which may include conducting 
                      maintenance services on such contents of the 
                      stockpile and disposing of such contents that are 
                      no longer in working condition, or usable, as 
                      applicable;''.
SEC. 2404. IMPROVING TRANSPARENCY AND PREDICTABILITY OF PROCESSES 
                          OF THE STRATEGIC NATIONAL STOCKPILE.

    (a)  <<NOTE: Deadline. 42 USC 247d-6b note.>> Guidance.--Not later 
than 60 days after the date of enactment of this Act, the Secretary of 
Health and Human Services (referred to in this section as the 
``Secretary'') shall issue guidance describing the processes by which 
the Secretary deploys the contents of the Strategic National Stockpile 
under section 319F-2(a) of the Public Health Service Act (42 U.S.C. 
247d-6b(a)), or otherwise distributes medical countermeasures, as 
applicable, to States, territories, Indian Tribes and Tribal 
organizations (as such terms are defined under section 4 of the Indian 
Self-Determination and Education Assistance Act), and other applicable 
entities. Such guidance

[[Page 136 STAT. 5786]]

shall include information related to processes by which to request 
access to the contents of the Strategic National Stockpile, factors 
considered by the Secretary when making deployment or distribution 
decisions, and processes and points of contact through which entities 
may contact the Secretary to address any issues related to products 
requested or received by such entity from the stockpile, and on other 
relevant topics.

    (b) Annual Meetings.--Section 319F-2(a)(3) of the Public Health 
Service Act (42 U.S.C. 247d-6b(a)(3)) is amended--
            (1) in subparagraph (I), by striking ``and'' at the end;
            (2) in subparagraph (J), by striking the period at the end 
        and inserting ``; and''; and
            (3) by adding at the end the following:
                    ``(K) convene meetings, not less than once per year, 
                with representatives from State, local, and Tribal 
                health departments or officials, relevant industries, 
                other Federal agencies, and other appropriate 
                stakeholders, in a manner that does not compromise 
                national security, to coordinate and share information 
                related to maintenance and use of the stockpile, 
                including a description of future countermeasure needs 
                and additions, modifications, and replenishments of the 
                contents of the stockpile, and considerations related to 
                the manufacturing and procurement of products consistent 
                with the requirements of the with the requirements of 
                chapter 83 of title 41, United States Code (commonly 
                referred to as the `Buy American Act'), as 
                appropriate.''.
SEC. 2405. IMPROVING SUPPLY CHAIN FLEXIBILITY FOR THE STRATEGIC 
                          NATIONAL STOCKPILE.

    (a) In General.--Section 319F-2 of the Public Health Service Act (42 
U.S.C. 247d-6b) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (3)(F), by striking ``as required 
                by the Secretary of Homeland Security'' and inserting 
                ``at the discretion of the Secretary, in consultation 
                with, or at the request of, the Secretary of Homeland 
                Security,'';
                    (B) by redesignating paragraphs (5) and (6) as 
                paragraphs (6) and (7), respectively;
                    (C) by inserting after paragraph (4) the following:
            ``(5) Vendor-managed inventory and warm-base surge 
        capacity.--
                    ``(A)  <<NOTE: Contracts.>> In general.--For the 
                purposes of maintaining the stockpile under paragraph 
                (1) and carrying out procedures under paragraph (3), the 
                Secretary may enter into contracts or cooperative 
                agreements with vendors, which may include manufacturers 
                or distributors of medical products, with respect to 
                medical products intended to be delivered to the 
                ownership of the Federal Government. Each such contract 
                or cooperative agreement shall be subject to such terms 
                and conditions as the Secretary may specify, including 
                terms and conditions with respect to--
                          ``(i) procurement, maintenance, storage, and 
                      delivery of products, in alignment with inventory 
                      management and other applicable best practices, 
                      under such contract or cooperative agreement, 
                      which may

[[Page 136 STAT. 5787]]

                      consider, as appropriate, costs of transporting 
                      and handling such products; or
                          ``(ii) maintenance of domestic manufacturing 
                      capacity and capabilities of such products to 
                      ensure additional reserved production capacity and 
                      capabilities are available, and that such capacity 
                      and capabilities are able to support the rapid 
                      manufacture, purchase, storage, and delivery of 
                      such products, as required by the Secretary to 
                      prepare for, or respond to, an existing or 
                      potential public health emergency.
                    ``(B) Report.--Not later than 2 years after the date 
                of enactment of the PREVENT Pandemics Act, and annually 
                thereafter, the Secretary shall submit to the Committee 
                on Health, Education, Labor, and Pensions and the 
                Committee on Appropriations of the Senate and the 
                Committee on Energy and Commerce and the Committee on 
                Appropriations of the House of Representatives a report 
                on any contracts or cooperative agreements entered into 
                under subparagraph (A) for purposes of establishing and 
                maintaining vendor-managed inventory or reserve 
                manufacturing capacity and capabilities for products 
                intended for the stockpile, including a description of--
                          ``(i) the amount of each award;
                          ``(ii) the recipient of each award;
                          ``(iii) the product or products covered 
                      through each award; and
                          ``(iv) how the Secretary works with each 
                      recipient to ensure situational awareness related 
                      to the manufacturing capacity for, or inventory 
                      of, such products and coordinates the distribution 
                      and deployment of such products, as appropriate 
                      and applicable.''; and
                    (D) in subparagraph (A) of paragraph (6), as so 
                redesignated--
                          (i) in clause (viii), by striking ``; and'' 
                      and inserting a semicolon;
                          (ii) in clause (ix), by striking the period 
                      and inserting ``; and''; and
                          (iii) by adding at the end the following:
                          ``(x) <<NOTE: Assessment.>> with respect to 
                      reports issued in 2027 or any subsequent year, an 
                      assessment of selected contracts or cooperative 
                      agreements entered into pursuant to paragraph 
                      (5).''; and
            (2) in subsection (c)(2)(C), by striking ``on an annual 
        basis'' and inserting ``not later than March 15 of each year''.

    (b) Authorization of Appropriations.--Section 319F-2(f)(1) of the 
Public Health Service Act (42 U.S.C. 247d-6b(f)(1)) is amended by 
striking ``$610,000,000 for each of fiscal years 2019 through 2023'' and 
inserting ``$610,000,000 for each of fiscal years 2019 through 2021, and 
$750,000,000 for each of fiscal years 2022 and 2023''.
SEC. 2406. REIMBURSEMENT FOR CERTAIN SUPPLIES.

    Paragraph (7) of section 319F-2(a) of the Public Health Service Act 
(42 U.S.C. 247d-6b(a)), as so redesignated by section 405(a)(1)(B), is 
amended to read as follows:
            ``(7) Reimbursement for certain supplies.--

[[Page 136 STAT. 5788]]

                    ``(A)  <<NOTE: Determinations.>> In general.--The 
                Secretary may, at appropriate intervals, make available 
                for purchase excess contents procured for, and 
                maintained within, the stockpile under paragraph (1) to 
                any Federal agency or State, local, or Tribal 
                government. The Secretary shall make such contents 
                available for purchase only if--
                          ``(i) such contents are in excess of what is 
                      required for appropriate maintenance of such 
                      stockpile;
                          ``(ii) the Secretary determines that the costs 
                      for maintaining such excess contents are not 
                      appropriate to expend to meet the needs of the 
                      stockpile; and
                          ``(iii) the Secretary determines that such 
                      action does not compromise national security and 
                      is in the national interest.
                    ``(B) Reimbursement and collection.--The Secretary 
                may require reimbursement for contents that are made 
                available under subparagraph (A), in an amount that 
                reflects the cost of acquiring and maintaining such 
                contents and the costs incurred to make available such 
                contents in the time and manner specified by the 
                Secretary. Amounts collected under this subsection shall 
                be credited to the appropriations account or fund that 
                incurred the costs to procure such contents, and shall 
                remain available, without further appropriation, until 
                expended, for the purposes of the appropriation account 
                or fund so credited.
                    ``(C) Rule of construction.--This paragraph shall 
                not be construed to preclude transfers of contents in 
                the stockpile under other authorities.
                    ``(D) Report.--Not later than 2 years after the date 
                of enactment of the PREVENT Pandemics Act, and annually 
                thereafter, the Secretary shall submit to the Committee 
                on Health, Education, Labor, and Pensions and the 
                Committee on Appropriations of the Senate and the 
                Committee on Energy and Commerce and the Committee on 
                Appropriations of the House of Representatives a report 
                on the use of the authority provided under this 
                paragraph, including details of each action taken 
                pursuant to this paragraph, the account or fund to which 
                any collected amounts have been credited, and how the 
                Secretary has used such amounts.
                    ``(E) Sunset.--The authority under this paragraph 
                shall terminate on September 30, 2028.''.
SEC. 2407. ACTION REPORTING ON STOCKPILE DEPLETION.

    Section 319 of the Public Health Service Act (42 U.S.C. 247d), as 
amended by section 2223, is further amended by adding at the end the 
following:
    ``(h) Stockpile Depletion Reporting.--The Secretary shall, not later 
than 30 days after the deployment of contents of the Strategic National 
Stockpile under section 319F-2(a) to respond to a public health 
emergency declared by the Secretary under this section or an emergency 
or major disaster declared by the President under the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act, and every 30 days 
thereafter until the expiration or termination of such public health 
emergency, emergency, or major disaster, submit a report to the 
Committee on Health,

[[Page 136 STAT. 5789]]

Education, Labor, and Pensions and the Committee on Appropriations of 
the Senate and the Committee on Energy and Commerce and the Committee on 
Appropriations of the House of Representatives on--
            ``(1) the deployment of the contents of the stockpile in 
        response to State, local, and Tribal requests;
            ``(2) the amount of such products that remain within the 
        stockpile following such deployment; and
            ``(3) <<NOTE: Plans.>> plans to replenish such products, as 
        appropriate, including related timeframes and any barriers or 
        limitations to replenishment.''.
SEC. 2408. PROVISION OF MEDICAL COUNTERMEASURES TO INDIAN PROGRAMS 
                          AND FACILITIES.

    (a) Clarification.--Section 319F-2(a)(3) of the Public Health 
Service Act (42 U.S.C. 247d-6b(a)(3)) is amended--
            (1) in subparagraph (C), by striking ``and local'' and 
        inserting ``local, and Tribal''; and
            (2) in subparagraph ( J), by striking ``and local'' and 
        inserting ``local, and Tribal''.

    (b) Distribution of Medical Countermeasures to Indian Tribes.--Title 
III of the Public Health Service Act (42 U.S.C. 241 et seq.) is amended 
by inserting after section 319F-4 the following:
``SEC. 319F-5. <<NOTE: 42 USC 247d-6f.>> PROVISION OF MEDICAL 
                              COUNTERMEASURES TO INDIAN PROGRAMS 
                              AND FACILITIES.

    ``In the event that the Secretary deploys the contents of the 
Strategic National Stockpile under section 319F-2(a), or otherwise 
distributes medical countermeasures to States to respond to a public 
health emergency declared by the Secretary under section 319, the 
Secretary shall, in consultation with the applicable States, make such 
contents or countermeasures directly available to Indian Tribes and 
Tribal organizations (as such terms are defined in section 4 of the 
Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304), 
which may include through health programs or facilities operated by the 
Indian Health Service, that are affected by such public health 
emergency.''.
SEC. 2409. GRANTS FOR STATE STRATEGIC STOCKPILES.

    (a) Section 319F-2 of the Public Health Service Act (42 U.S.C. 247d-
6b) is amended by adding at the end the following:
    ``(i) Pilot Program to Support State Medical Stockpiles.--
            ``(1)  <<NOTE: Contracts.>> In general.--The Secretary, in 
        consultation with the Assistant Secretary for Preparedness and 
        Response and the Director of the Centers for Disease Control and 
        Prevention, shall award grants or cooperative agreements to not 
        fewer than 5 States, or consortia of States, with consideration 
        given to distribution among the geographical regions of the 
        United States, to establish, expand, or maintain a stockpile of 
        appropriate drugs, vaccines and other biological products, 
        medical devices, and other medical supplies determined by the 
        State to be necessary to respond to a public health emergency 
        declared by the Governor of a State or by the Secretary under 
        section 319, or a major disaster or emergency declared by the 
        President under section 401 or 501, respectively, of the Robert 
        T. Stafford Disaster Relief and Emergency Assistance Act, in 
        order to support the preparedness goals described in paragraphs 
        (2) through (6) and (8) of section 
        2802(b). <<NOTE: Determination.>> A recipient

[[Page 136 STAT. 5790]]

        of such an award may not use award funds to support the 
        stockpiling of security countermeasures (as defined in 
        subsection (c)(1), unless the eligible entity provides 
        justification for maintaining such countermeasures and the 
        Secretary determines such justification is appropriate and 
        applicable.
            ``(2) Requirements.--
                    ``(A) Application.--To be eligible to receive an 
                award under paragraph (1), an entity shall prepare, in 
                consultation with appropriate health care entities and 
                health officials within the jurisdiction of such State 
                or States, and submit to the Secretary an application 
                that contains such information as the Secretary may 
                require, including--
                          ``(i) <<NOTE: Plan.>> a plan for such 
                      stockpile, consistent with paragraph (4), 
                      including--
                                    ``(I) a description of the 
                                activities such entity will carry out 
                                under the agreement;
                                    ``(II) an assurance that such entity 
                                will use funds under such award in 
                                alignment with the requirements of 
                                chapter 83 of title 41, United States 
                                Code (commonly referred to as the `Buy 
                                American Act'); and
                                    ``(III) <<NOTE: Outline.>> an 
                                outline of proposed expenses; and
                          ``(ii) a description of how such entity will 
                      coordinate with relevant entities in receipt of an 
                      award under section 319C-1 or 319C-2 pursuant to 
                      paragraph (4), including through promoting 
                      alignment between the stockpile plan established 
                      pursuant to clause (i) and applicable plans that 
                      are established by such entity pursuant to section 
                      319C-1 or 319C-2.
                    ``(B) Matching funds.--
                          ``(i) Subject to clause (ii), the Secretary 
                      may not make an award under this subsection unless 
                      the applicant agrees, with respect to the costs to 
                      be incurred by the applicant in carrying out the 
                      purpose described in this subsection, to make 
                      available non-Federal contributions toward such 
                      costs in an amount equal to--
                                    ``(I) for each of fiscal years 2023 
                                and 2024, not less than $1 for each $20 
                                of Federal funds provided in the award; 
                                and
                                    ``(II) for fiscal year 2025 and each 
                                fiscal year thereafter, not less than $1 
                                for each $10 of Federal funds provided 
                                in the award.
                          ``(ii)  <<NOTE: Determination.>> Waiver.--The 
                      Secretary may, upon the request of a State, waive 
                      the requirement under clause (i), in whole or in 
                      part, if the Secretary determines that 
                      extraordinary economic conditions in the State in 
                      the fiscal year involved or in the previous fiscal 
                      year justify the 
                      waiver. <<NOTE: Applicability.>> A waiver provided 
                      by the Secretary under this subparagraph shall 
                      apply only to the fiscal year involved.
                    ``(C) Administrative expenses.--Not more than 10 
                percent of amounts received by an entity pursuant to an 
                award under this subsection may be used for 
                administrative expenses.
            ``(3) Lead entity.--An entity in receipt of an award under 
        paragraph (1) may designate a lead entity, which may be a

[[Page 136 STAT. 5791]]

        public or private entity, as appropriate, to manage the 
        stockpile at the direction of the State or consortium of States.
            ``(4) Use of funds.--An entity in receipt of an award under 
        paragraph (1) shall use such funds to--
                    ``(A) purchase, store, and maintain a stockpile of 
                appropriate drugs, vaccines and other biological 
                products, medical devices, and other medical supplies to 
                be used during a public health emergency, major 
                disaster, or emergency described in paragraph (1), in 
                such numbers, types, and amounts as the entity 
                determines necessary, consistent with such entity's 
                stockpile plan established pursuant to paragraph 
                (2)(A)(i);
                    ``(B) deploy the stockpile as required by the entity 
                to respond to an actual or potential public health 
                emergency, major disaster, or other emergency described 
                in paragraph (1);
                    ``(C) replenish and make necessary additions or 
                modifications to the contents of such stockpile, 
                including to address potential depletion;
                    ``(D) in consultation with Federal, State, and local 
                officials, take into consideration the availability, 
                deployment, dispensing, and administration requirements 
                of medical products within the stockpile;
                    ``(E) ensure that procedures are followed for 
                inventory management and accounting, and for the 
                physical security of the stockpile, as appropriate;
                    ``(F) <<NOTE: Review. Revision.>> review and revise, 
                as appropriate, the contents of the stockpile on a 
                regular basis to ensure that, to the extent practicable, 
                new technologies and medical products are considered;
                    ``(G) carry out exercises, drills, and other 
                training for purposes of stockpile deployment, 
                dispensing, and administration of medical products, and 
                for purposes of assessing the capability of such 
                stockpile to address the medical supply needs of public 
                health emergencies, major disasters, or other 
                emergencies described in paragraph (1) of varying types 
                and scales, which may be conducted in accordance with 
                requirements related to exercises, drills, and other 
                training for recipients of awards under section 319C-1 
                or 319C-2, as applicable; and
                    ``(H) carry out other activities related to the 
                State strategic stockpile as the entity determines 
                appropriate, to support State efforts to prepare for, 
                and respond to, public health threats.
            ``(5) Supplement not supplant.--Awards under paragraph (1) 
        shall supplement, not supplant, the maintenance and use of the 
        Strategic National Stockpile by the Secretary under subsection 
        (a).
            ``(6)  <<NOTE: Deadline. Update.>> Guidance for states.--Not 
        later than 180 days after the date of enactment of this 
        subsection, the Secretary, in consultation with States, health 
        officials, and other relevant stakeholders, as appropriate, 
        shall issue guidance, and update such guidance as appropriate, 
        for States related to maintaining and replenishing a stockpile 
        of medical products, which may include strategies and best 
        practices related to--
                    ``(A) types of medical products and medical supplies 
                that are critical to respond to public health 
                emergencies,

[[Page 136 STAT. 5792]]

                and may be appropriate for inclusion in a stockpile by 
                States, with consideration of threats that require the 
                large-scale and simultaneous deployment of stockpiles, 
                including the stockpile maintained by the Secretary 
                pursuant to subsection (a), and long-term public health 
                and medical response needs;
                    ``(B) appropriate management of the contents of a 
                stockpile, including management by vendors of reserve 
                amounts of medical products and supplies intended to be 
                delivered to the ownership of the State and appropriate 
                disposition of excess products, as applicable; and
                    ``(C) the procurement of medical products and 
                medical supplies consistent with the requirements of 
                chapter 83 of title 41, United States Code (commonly 
                referred to as the `Buy American Act').
            ``(7) Technical assistance.--The Secretary shall provide 
        assistance to States, including technical assistance, as 
        appropriate, in establishing, maintaining, improving, and 
        utilizing a medical stockpile, including appropriate inventory 
        management and disposition of products.
            ``(8) Reporting.--
                    ``(A)  <<NOTE: Update.>> State reports.--Each entity 
                receiving an award under paragraph (1) shall update, as 
                appropriate, the plan established pursuant to paragraph 
                (2)(A)(i) and submit to the Secretary an annual report 
                on implementation of such plan, including any changes to 
                the contents of the stockpile supported under such 
                award. The Secretary shall use information obtained from 
                such reports to inform the maintenance and management of 
                the Strategic National Stockpile pursuant to subsection 
                (a).
                    ``(B) Reports to congress.--Not later than 1 year 
                after the initial issuance of awards pursuant to 
                paragraph (1), and annually thereafter for the duration 
                of the program established under this subsection, the 
                Secretary shall submit to the Committee on Health, 
                Education, Labor, and Pensions and the Committee on 
                Appropriations of the Senate and the Committee on Energy 
                and Commerce and the Committee on Appropriations of the 
                House of Representatives a report on such program, 
                including--
                          ``(i) Federal and State expenditures to 
                      support stockpiles under such program;
                          ``(ii) activities conducted pursuant to 
                      paragraph (4); and
                          ``(iii) any additional information from the 
                      States that the Secretary determines relevant.
            ``(9)  <<NOTE: Time periods.>> Authorization of 
        appropriations.--To carry out this subsection, there is 
        authorized to be appropriated $3,500,000,000 for each of fiscal 
        years 2023 and 2024, to remain available until expended.''.

    (b) GAO Report.--Not later than 3 years after the date on which 
awards are first issued pursuant to subsection (i)(1) of section 319F-2 
of the Public Health Service Act (42 U.S.C. 247d-6b), as added by 
subsection (a), the Comptroller General of the United States shall 
submit to the Committee on Health, Education, Labor, and Pensions of the 
Senate and the Committee on Energy and Commerce of the House of 
Representatives a report on the State

[[Page 136 STAT. 5793]]

stockpiles established or maintained pursuant to 
this <<NOTE: Assessments.>> section. Such report shall include an 
assessment of--
            (1) coordination and communication between the Secretary of 
        Health and Human Services and entities in receipt of an award 
        under this section, or a lead entity designated by such entity;
            (2) technical assistance provided by the Secretary of Health 
        and Human Services to such entities; and
            (3) the impact of such stockpiles on the ability of the 
        State to prepare for and respond to a public health emergency, 
        major disaster, or other emergency described in subsection 
        (i)(1) of section 319F-2 of the Public Health Service Act (42 
        U.S.C. 247d-6b), as added by subsection (a), including the 
        availability and distribution of items from such State stockpile 
        to health care entities and other applicable entities.
SEC. 2410. STUDY ON INCENTIVES FOR DOMESTIC PRODUCTION OF GENERIC 
                          MEDICINES.

    (a) In General.--The Secretary of Health and Human Services 
(referred to in this section as the ``Secretary''), acting through the 
Assistant Secretary for Planning and Evaluation of the Department of 
Health and Human Services shall--
            (1) conduct a study on the feasibility, including related to 
        sustainment, and potential effectiveness, and utility of 
        providing incentives for increased domestic production and 
        capacity of specified generic medicines and their active 
        pharmaceutical ingredients, which may include through applicable 
        nonprofit or for-profit private entities; and
            (2) <<NOTE: Reports.>> not later than 1 year after the date 
        of enactment of this Act, submit a report on such study to the 
        Committee on Health, Education, Labor, and Pensions of the 
        Senate and the Committee on Energy and Commerce of the House of 
        Representatives.

    (b)  <<NOTE: Definition.>> Specified Generic Medicine.--In this 
section, the term ``specified generic medicine'' means a generic drug 
approved under section 505(j) of the Food, Drug, and Cosmetic Act (21 
U.S.C. 355(j)) that is --
            (1) used to prevent, mitigate, or treat a serious or life-
        threatening disease or condition, or used in a common procedure 
        that could be life-threatening without such medicine;
            (2) an antibiotic or antifungal used to treat a serious or 
        life threatening infectious disease;
            (3) critical to the public health during a public health 
        emergency; or
            (4) life-supporting, life-sustaining, or intended for use in 
        the prevention or treatment of a debilitating disease or 
        condition.
SEC. 2411. <<NOTE: 42 USC 247d-6b note.>> INCREASED MANUFACTURING 
                          CAPACITY FOR CERTAIN CRITICAL ANTIBIOTIC 
                          DRUGS.

    (a) Program.--
            (1)  <<NOTE: Contracts.>> In general.--The Secretary, in 
        consultation with the Assistant Secretary for Preparedness and 
        Response and Commissioner of Food and Drugs, may award contracts 
        to increase the domestic manufacturing capacity of certain 
        antibiotic drugs with identified supply chain vulnerabilities, 
        or the active pharmaceutical ingredient or key starting material 
        of such antibiotic drugs.

[[Page 136 STAT. 5794]]

            (2) Eligible entities.--To be eligible to receive an award 
        under this subsection, an entity shall--
                    (A) <<NOTE: Compliance.>> be a manufacturer that is 
                in compliance with, or demonstrates capability to comply 
                with, the relevant requirements of the Federal Food, 
                Drug, and Cosmetic Act (21 U.S.C. 301 et seq.); and
                    (B) prepare and submit to the Secretary an 
                application at such time, and in such manner, and 
                containing such information as the Secretary may 
                require, including--
                          (i) a description of proposed activities to be 
                      supported by an award under this subsection to 
                      increase manufacturing capacity for such 
                      antibiotic drug or drugs;
                          (ii) the antibiotic drug or drugs, or related 
                      active pharmaceutical ingredients or key starting 
                      materials for such drug or drugs, that such entity 
                      intends to manufacture with any increased 
                      manufacturing capacity supported by an award under 
                      this subsection;
                          (iii) any additional products such increased 
                      manufacturing capacity could be used to 
                      manufacture;
                          (iv) a description of the current supply chain 
                      for such antibiotic drugs, including any existing 
                      and applicable manufacturing facilities, known 
                      vulnerabilities in the supply chain, known or 
                      potential supply limitations, such as foreign 
                      export restrictions, or subsidies from foreign 
                      governments, as applicable;
                          (v) a description of how such entity may use 
                      advanced or flexible manufacturing in carrying out 
                      the terms of an award under this subsection; and
                          (vi) <<NOTE: Strategic plan.>> a strategic 
                      plan regarding the maintenance, operation, and 
                      sustainment of such increased manufacturing 
                      capacity following the expiration of a contract 
                      under this subsection.
            (3) Use of funds.--A recipient of an award under this 
        subsection shall use such funds to build, expand, upgrade, 
        modify, or recommission a facility located in the United States, 
        which may include the purchase or upgrade of equipment, as 
        applicable, to support increased manufacturing capacity of 
        certain antibiotic drugs for which supply chain vulnerabilities 
        exist, or the active pharmaceutical ingredient or key starting 
        material of such antibiotic drugs.
            (4) Reports.--An entity in receipt of an award under this 
        subsection shall submit to the Secretary such reports as the 
        Secretary may require related to increasing domestic 
        manufacturing capacity of antibiotic drugs pursuant to a 
        contract under this subsection, including actions taken to 
        implement the strategic plan required under paragraph 
        (2)(B)(vi).
            (5)  <<NOTE: Applicability.>> Contract terms.--The following 
        shall apply to a contract to support increased domestic 
        manufacturing capacity under this subsection:
                    (A)  <<NOTE: Determination.>> Milestone-based 
                payments.--The Secretary may provide payment, including 
                advance payment or partial payment for significant 
                milestones, if the Secretary makes a determination that 
                such payment is necessary and appropriate.
                    (B) Repayment.--The contract shall provide that such 
                payment is required to be repaid if there is a failure 
                to

[[Page 136 STAT. 5795]]

                perform by the manufacturer under the contract; if the 
                specified milestones are reached, an advance or partial 
                payment shall not be required to be repaid.
                    (C) Contract duration.--
                          (i) In general.--Each contract shall be for a 
                      period not to exceed 5 years.
                          (ii) Non-renewability.--A contract shall not 
                      be renewable.
                          (iii) Notifications of extensions and 
                      terminations.--If 
                      the <<NOTE: Deadline. Determination.>> Secretary 
                      decides to terminate a contract prior to its 
                      expiration, the Secretary shall notify the 
                      manufacturer within 90 days of such determination.
                    (D) Additional terms.--The Secretary, in any 
                contract under this subsection--
                          (i) may specify--
                                    (I) the amount of funding that will 
                                be dedicated by the Secretary for 
                                supporting increased manufacturing 
                                capacity under such contract; and
                                    (II) the amount of manufacturing 
                                capacity that such eligible entity must 
                                meet; and
                          (ii) <<NOTE: Statement.>> shall provide a 
                      clear statement of defined Federal Government 
                      purpose limited to uses related to increasing 
                      domestic manufacturing capacity for antibiotic 
                      drugs to address identified supply chain 
                      vulnerabilities and challenges to establishing and 
                      maintaining domestic manufacturing capacity.
                    (E)  <<NOTE: Updates.>> Sustainment.--Each contract 
                shall provide for the eligible entity to update the 
                strategic plan required under paragraph (2)(B)(vi) 
                throughout the duration of such contract, as required by 
                the Secretary.

    (b) Report.--Not later than 2 years after the date of enactment of 
this Act and every year thereafter until the termination or expiration 
of all such contracts, the Secretary shall submit to the Committee on 
Health, Education, Labor, and Pensions of the Senate and the Committee 
on Energy and Commerce of the House of Representatives a report on any 
activities supported under subsection (a), including--
            (1) the antibiotic drugs for which the Secretary prioritized 
        awards under subsection (a), including a description of how the 
        Secretary consulted with stakeholders to inform such 
        prioritization;
            (2) information regarding each contract awarded pursuant to 
        subsection (a), including--
                    (A) the recipient of each such contract, including 
                any recipients of a subaward;
                    (B) the milestone and performance requirements 
                pursuant to each such contract;
                    (C) the duration of each such contract;
                    (D) the amount of funding provided by the Secretary 
                pursuant to each such contract, including any advanced 
                or partial payments;
                    (E) the antibiotic drugs supported through each such 
                contract, including a description of the medical 
                necessity of each such antibiotic drug and any supply 
                chain vulnerabilities, limitations, and related 
                characteristics

[[Page 136 STAT. 5796]]

                identified pursuant to subsection (a)(2)(B)(iv) for each 
                such antibiotic drug; and
                    (F) the amount of increased manufacturing capacity 
                for such antibiotic drug that each such contract 
                supports; and
            (3) a description of how such contracts address supply chain 
        vulnerabilities, including increasing manufacturing capacity of 
        antibiotic drugs in the United States; and
            (4) a description of the strategic plan submitted pursuant 
        to subsection (a)(2)(B)(vi) by each recipient of an award under 
        subsection (a).

    (c) Rule of Construction.--Nothing in this section shall be 
construed--
            (1) to limit, directly or indirectly, or otherwise impact 
        the private distribution, purchase, or sale of antibiotic drugs 
        or active pharmaceutical ingredients or key starting materials; 
        or
            (2) to authorize the Secretary to disclose any information 
        that is a trade secret, or other privileged or confidential 
        information subject to section 552(b)(4) of title 5, United 
        States Code, or section 1905 of title 18, United States Code.

    (d) Definitions.--For purposes of this section:
            (1) Active pharmaceutical ingredient.--The term ``active 
        pharmaceutical ingredient'' has the meaning given such term in 
        section 744A of the Federal Food, Drug, and Cosmetic Act (21 
        U.S.C. 379j-41).
            (2) Antibiotic drug.--The term ``antibiotic drug'' means an 
        antibacterial or antifungal drug approved by the Food and Drug 
        Administration under section 505(j) of the Federal Food, Drug, 
        and Cosmetic Act (21 U.S.C. 355(j)) that is of significant 
        priority to providing health care and is medically necessary to 
        have available at all times in an amount adequate to serve 
        patient needs.
            (3) Key starting material.--The term ``key starting 
        material'' means any component of a drug that the Secretary 
        determines to be necessary to the safety and effectiveness of 
        the drug.
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of Health and Human Services.

    (e) Sunset.--The authority to enter into new contracts under this 
section shall cease to be effective 3 years after the date of enactment 
of this Act, and, beginning on the date that is 8 years after the date 
of enactment of this Act, this section shall have no force or effect.

  Subtitle E--Enhancing Development and Combating Shortages of Medical 
                                Products

                    CHAPTER 1--DEVELOPMENT AND REVIEW

SEC. 2501. ACCELERATING COUNTERMEASURE DEVELOPMENT AND REVIEW.

    Section 565 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 
360bbb-4) is amended by adding at the end the following:
    ``(h) Accelerating Countermeasure Development and Review During an 
Emergency.--

[[Page 136 STAT. 5797]]

            ``(1) Acceleration of countermeasure development and 
        review.--The Secretary may, at the request of the sponsor of a 
        countermeasure, during a domestic, military, or public health 
        emergency or material threat described in section 564A(a)(1)(C), 
        expedite the development and review of countermeasures that are 
        intended to address such domestic, military, or public health 
        emergency or material threat for approval, licensure, clearance, 
        or authorization under this title or section 351 of the Public 
        Health Service Act.
            ``(2) Actions.--The actions to expedite the development and 
        review of a countermeasure under paragraph (1) may include the 
        following:
                    ``(A) Expedited review of submissions made by 
                sponsors of countermeasures to the Food and Drug 
                Administration, including rolling submissions of 
                countermeasure applications and other submissions.
                    ``(B) Expedited and increased engagement with 
                sponsors regarding countermeasure development and 
                manufacturing, including--
                          ``(i) holding meetings with the sponsor and 
                      the review team and providing timely advice to, 
                      and interactive communication with, the sponsor 
                      regarding the development of the countermeasure to 
                      ensure that the development program to gather the 
                      nonclinical and clinical data necessary for 
                      approval, licensure, clearance, or authorization 
                      is as efficient as practicable;
                          ``(ii) involving senior managers and 
                      experienced review staff, as appropriate, in a 
                      collaborative, cross-disciplinary review;
                          ``(iii) assigning a cross-disciplinary project 
                      lead for the review team to facilitate;
                          ``(iv) taking steps to ensure that the design 
                      of the clinical trials is as efficient as 
                      practicable, when scientifically appropriate, such 
                      as by minimizing the number of patients exposed to 
                      a potentially less efficacious treatment; and
                          ``(v) streamlining the review of approved, 
                      licensed, cleared, or authorized countermeasures 
                      to treat or prevent new or emerging threats, 
                      including the review of any changes to such 
                      countermeasures.
                    ``(C) Expedited issuance of guidance documents and 
                publication of other regulatory information regarding 
                countermeasure development and manufacturing.
                    ``(D) Other steps to expedite the development and 
                review of a countermeasure application submitted for 
                approval, licensure, clearance, or authorization, as the 
                Secretary determines appropriate.
            ``(3) Limitation of effect.--Nothing in this subsection 
        shall be construed to require the Secretary to grant, or take 
        any other action related to, a request of a sponsor to expedite 
        the development and review of a countermeasure for approval, 
        licensure, clearance, or authorization under paragraph (1).''.
SEC. 2502. THIRD PARTY TEST EVALUATION DURING EMERGENCIES.

    (a) In General.--Section 565 of the Federal Food, Drug, and Cosmetic 
Act (21 U.S.C. 360bbb-4), as amended by section 2501, is further amended 
by adding at the end the following:

[[Page 136 STAT. 5798]]

    ``(i) Third Party Evaluation of Tests Used During an Emergency.--
            ``(1)  <<NOTE: Contracts. Recommenda- tions.>> In general.--
        For purposes of conducting evaluations regarding whether an in 
        vitro diagnostic product (as defined in section 809.3 of title 
        21, Code of Federal Regulations (or any successor regulations)) 
        for which a request for emergency use authorization is submitted 
        under section 564 meets the criteria for issuance of such 
        authorization, the Secretary may, as appropriate, consult with 
        persons with appropriate expertise with respect to such 
        evaluations or enter into cooperative agreements or contracts 
        with such persons under which such persons conduct such 
        evaluations and make such recommendations, including, as 
        appropriate, evaluations and recommendations regarding the scope 
        of authorization and conditions of authorization.
            ``(2) Requirements regarding evaluations and 
        recommendations.--
                    ``(A) In general.--In evaluating and making 
                recommendations to the Secretary regarding the validity, 
                accuracy, and reliability of in vitro diagnostic 
                products, as described in paragraph (1), a person shall 
                consider and document whether the relevant criteria 
                under subsection (c)(2) of section 564 for issuance of 
                authorization under such section are met with respect to 
                the in vitro diagnostic product.
                    ``(B) Written recommendations.--Recommendations made 
                by a person under this subsection shall be submitted to 
                the Secretary in writing, and shall include the reasons 
                for such recommendation and other information that may 
                be requested by the Secretary.
            ``(3) Rule of construction.-- Nothing in this subsection 
        shall be construed to require the Secretary to consult with, or 
        enter into cooperative agreements or contracts with, persons as 
        described in paragraph (1) for purposes of authorizing an in 
        vitro diagnostic product or otherwise affecting the emergency 
        use authorization authorities under this section or section 
        564.''.

    (b)  <<NOTE: Deadlines. 21 USC 360bbb-4 note.>> Guidance.--Not later 
than 1 year after the date of enactment of this Act, the Secretary of 
Health and Human Services (referred to in this subsection as the 
``Secretary'') shall issue draft guidance on consultations with persons 
under subsection (i) of section 565 of the Federal Food, Drug, and 
Cosmetic Act (21 U.S.C. 360bbb-4), as added by subsection (a), including 
considerations concerning conflicts of interest, compensation 
arrangements, and information sharing. Not <<NOTE: Revision.>>  later 
than 1 year after the public comment period on such draft guidance ends, 
the Secretary shall issue a revised draft guidance or final guidance.
SEC. 2503. <<NOTE: Deadlines. Recommenda- tions.>> PLATFORM 
                          TECHNOLOGIES.

    (a) In General.--Chapter V of the Federal Food, Drug, and Cosmetic 
Act is amended by inserting after section 506J of such Act (21 U.S.C. 
356j) the following:
``SEC. 506K. <<NOTE: 21 USC 356k.>>  PLATFORM TECHNOLOGIES.

    ``(a) In General.--The Secretary shall establish a program for the 
designation of platform technologies that meet the criteria described in 
subsection (b).

[[Page 136 STAT. 5799]]

    ``(b) Criteria.--A platform technology incorporated within or 
utilized by a drug or biological product is eligible for designation as 
a designated platform technology under this section if--
            ``(1) the platform technology is incorporated in, or 
        utilized by, a drug approved under section 505 of this Act or a 
        biological product licensed under section 351 of the Public 
        Health Service Act;
            ``(2) preliminary evidence submitted by the sponsor of the 
        approved or licensed drug described in paragraph (1), or a 
        sponsor that has been granted a right of reference to data 
        submitted in the application for such drug, demonstrates that 
        the platform technology has the potential to be incorporated in, 
        or utilized by, more than one drug without an adverse effect on 
        quality, manufacturing, or safety; and
            ``(3) data or information submitted by the applicable person 
        under paragraph (2) indicates that incorporation or utilization 
        of the platform technology has a reasonable likelihood to bring 
        significant efficiencies to the drug development or 
        manufacturing process and to the review process.

    ``(c) Request for Designation.--A person may request the Secretary 
designate a platform technology as a designated platform technology 
concurrently with, or at any time after, submission under section 505(i) 
of this Act or section 351(a)(3) of the Public Health Service Act for 
the investigation of a drug that incorporates or utilizes the platform 
technology that is the subject of the request.
    ``(d) Designation.--
            ``(1)  <<NOTE: Determination.>> In general.--Not later than 
        90 calendar days after the receipt of a request under subsection 
        (c), the Secretary shall determine whether the platform 
        technology that is the subject of the request meets the criteria 
        described in subsection (b).
            ``(2) Designation.--If the Secretary determines that the 
        platform technology meets the criteria described in subsection 
        (b), the Secretary shall designate the platform technology as a 
        designated platform technology and may expedite the development 
        and review of any subsequent application submitted under section 
        505(b) of this Act or section 351(a) of the Public Health 
        Service Act for a drug that uses or incorporates the platform 
        technology pursuant to subsection (e), as appropriate.
            ``(3) Determination not to designate.--If the Secretary 
        determines that the platform technology does not meet the 
        criteria under subsection (b), the Secretary shall include with 
        the determination not to designate the technology a written 
        description of the rationale for such determination.
            ``(4)  <<NOTE: Determination.>> Revocation of designation.--
        The Secretary may revoke a designation made under paragraph (2), 
        if the Secretary determines that the designated platform 
        technology no longer meets the criteria described in subsection 
        (b). The Secretary shall communicate the determination to revoke 
        a designation to the requesting sponsor in writing, including a 
        description of the rationale for such determination.
            ``(5) Applicability.--Nothing in this section shall prevent 
        a product that uses or incorporates a designated platform 
        technology from being eligible for expedited approval pathways 
        if it is otherwise eligible under this Act or the Public Health 
        Service Act.

[[Page 136 STAT. 5800]]

    ``(e) Actions.--The Secretary may take actions to expedite the 
development and review of an application for a drug that incorporates or 
utilizes a designated platform technology, including--
            ``(1) engaging in early interactions with the sponsor to 
        discuss the use of the designated platform technology and what 
        is known about such technology, including data previously 
        submitted that is relevant to establishing, as applicable, 
        safety or efficacy under section 505(b) of this Act or safety, 
        purity, or potency under section 351(a) of the Public Health 
        Service Act;
            ``(2) providing timely advice to, and interactive 
        communication with, the sponsor regarding the development of the 
        drug that proposes to use the designated platform technology to 
        ensure that the development program designed to gather data 
        necessary for approval or licensure is as efficient as 
        practicable, which may include holding meetings with the sponsor 
        and the review team throughout the development of the drug; and
            ``(3) considering inspectional findings, including prior 
        findings, related to the manufacture of a drug that incorporates 
        or utilizes the designated platform technology.

    ``(f) Leveraging Data From Designated Platform Technologies.--The 
Secretary shall, consistent with applicable standards for approval, 
authorization, or licensure under this Act and section 351(a) of the 
Public Health Service Act, allow the sponsor of an application under 
section 505(b) of this Act or section 351(a) of the Public Health 
Service Act or a request for emergency use authorization under section 
564, in order to support approval, licensure, or authorization, to 
reference or rely upon data and information within an application or 
request for a drug or biological product that incorporates or utilizes 
the same platform technology designated under subsection (d), provided 
that--
            ``(1) such data and information was submitted by the same 
        sponsor, pursuant to the application for the drug with respect 
        to which designation of the designated platform technology under 
        subsection (d) was granted; or
            ``(2) the sponsor relying on such data and information 
        received a right of reference to such data and information from 
        the sponsor described in paragraph (1).

    ``(g) Changes to a Designated Platform Technology.--A sponsor of 
more than one application approved under section 505(b) of this Act or 
section 351(a) of the Public Health Service Act for drugs that 
incorporate or utilize a designated platform technology may submit a 
single supplemental application for proposed changes to the designated 
platform technology that may be applicable to more than one such drug 
that incorporates or utilizes the same designated platform technology. 
Such supplemental application may cross-reference data and information 
submitted in other applications and may include one or more 
comparability protocols regarding how such changes to the platform 
technology would be made for each applicable drug or biological product.
    ``(h) Definitions.--For purposes of this section:
            ``(1) The term `platform technology' means a well-understood 
        and reproducible technology, which may include a nucleic acid 
        sequence, molecular structure, mechanism of action, delivery 
        method, vector, or a combination of any such technologies that 
        the Secretary determines to be appropriate, that the sponsor 
        demonstrates--

[[Page 136 STAT. 5801]]

                    ``(A) is incorporated in or utilized by a drug or 
                biological product and is essential to the structure or 
                function of such drug or biological product;
                    ``(B) can be adapted for, incorporated into, or 
                utilized by, more than one drug or biological product 
                sharing common structural elements; and
                    ``(C) facilitates the manufacture or development of 
                more than one drug or biological product through a 
                standardized production or manufacturing process or 
                processes.
            ``(2) The term `designated platform technology' means a 
        platform technology that is designated as a platform technology 
        under subsection (d).

    ``(i) Rule of Construction.--Nothing in this section shall be 
construed to--
            ``(1) alter the authority of the Secretary to approve drugs 
        pursuant to section 505 of this Act or license biological 
        products pursuant to section 351 of the Public Health Service 
        Act, including standards of evidence and applicable conditions 
        for approval or licensure under the applicable Act; or
            ``(2) confer any new rights with respect to the 
        permissibility of a sponsor of an application for a drug product 
        or biological product referencing information contained in 
        another application submitted by the holder of an approved 
        application under section 505(c) of this Act or of a license 
        under section 351(a) of the Public Health Service Act.''.

    (b)  <<NOTE: Deadline. 21 USC 356k note.>> Guidance.--Not later than 
1 year after the date of enactment of this Act, the Secretary of Health 
and Human Services (referred to in this section as the ``Secretary'') 
shall issue draft guidance on the implementation of this 
section. <<NOTE: Recommenda- tions. Requirements.>> Such guidance shall 
include examples of drugs that can be manufactured using platform 
technologies, including drugs that contain or consist of vectors and 
nucleic acids, information about the Secretary's review of platform 
technologies, information regarding submitting for designation, 
considerations for persons submitting a request for designation who have 
been granted a right of reference, the implementation of the designated 
platform technology designation program, efficiencies that may be 
achieved in the development and review of products that incorporate or 
utilize designated platform technologies, and recommendations and 
requirements for making and reporting manufacturing changes to a 
designated platform technology in accordance with section 506K(g) of the 
Federal Food, Drug, and Cosmetic Act (as added by subsection (a)) and 
section 506A of such Act (21 U.S.C. 356a), as applicable.

    (c) Report.--Not later than September 30, 2026, and annually 
thereafter until September 30, 2029, the Secretary shall issue a report 
to the Committee on Health, Education, Labor, and Pensions of the Senate 
and the Committee on Energy and Commerce of the House of Representatives 
that shall include--
            (1) the number of requests for designation under the program 
        under section 506K of the Federal Food, Drug, and Cosmetic Act, 
        as added by subsection (a);
            (2) the number of designations under such program issued, 
        active, and revoked;
            (3) the resources required to carry out such program 
        (including the review time used for full-time equivalent 
        employees);

[[Page 136 STAT. 5802]]

            (4) any efficiencies gained in the development, 
        manufacturing, and review processes associated with such 
        designations; and
            (5) <<NOTE: Recommenda- tions.>> recommendations, if any, to 
        strengthen the program to better leverage platform technologies 
        that can be used in more than one drug and meet patient needs in 
        a manner as timely as possible, taking into consideration the 
        resources available to the Secretary of Health and Human 
        Services for carrying out such program.
SEC. 2504. INCREASING EUA DECISION TRANSPARENCY.

    Section 564(h) of the Federal Food, Drug, and Cosmetic Act (21 
U.S.C. 360bbb-3(h)) is amended--
            (1) in paragraph (1)--
                    (A) by inserting ``on the internet website of the 
                Food and Drug Administration and'' after ``promptly 
                publish'';
                    (B) by striking ``application under section 505(i), 
                512(j), or 520(g), even if such summary may indirectly 
                reveal the existence of such application'' and inserting 
                ``application, request, or submission under this section 
                or section 505(b), 505(i), 505(j), 512(b), 512(j), 
                512(n), 515, 510(k), 513(f)(2), 520(g), 520(m), 571, or 
                572 of this Act, or section 351(a) or 351(k) of the 
                Public Health Service Act, even if such summary may 
                reveal the existence of such an application, request, or 
                submission, or data contained in such application, 
                request, or submission''; and
                    (C) by inserting before the period at the end of the 
                second sentence the following: ``, which may include a 
                summary of the data and information supporting such 
                revisions''; and
            (2) in paragraph (2), by adding at the end the following: 
        ``Information made publicly available by the Secretary in 
        accordance with paragraph (1) shall be considered a disclosure 
        authorized by law for purposes of section 1905 of title 18, 
        United States Code''.
SEC. 2505. <<NOTE: 21 USC 393 note.>> IMPROVING FDA GUIDANCE AND 
                          COMMUNICATION.

    (a) FDA Report and Implementation of Good Guidance Practices.--
The <<NOTE: Web posting.>> Secretary of Health and Human Services 
(referred to in this section as the ``Secretary'') shall develop, and 
publish on the website of the Food and Drug Administration--
            (1) a report identifying best practices for the efficient 
        prioritization, development, issuance, and use of guidance 
        documents, within centers, across the Food and Drug 
        Administration, and across other applicable agencies; and
            (2) <<NOTE: Implementation plan.>> a plan for implementation 
        of such best practices, including across other applicable 
        agencies, which shall address--
                    (A) streamlining development and review of guidance 
                documents within centers and across the Food and Drug 
                Administration;
                    (B) streamlining processes for regulatory 
                submissions to the Food and Drug Administration, 
                including through the revision or issuance of guidance 
                documents; and
                    (C) implementing innovative guidance development 
                processes and practices and transitioning or updating 
                guidance issued during the COVID-19 public health 
                emergency, as appropriate.

[[Page 136 STAT. 5803]]

    (b) Report and Implementation of FDA Best Practices for 
Communicating With External Stakeholders.-- <<NOTE: Web posting.>> The 
Secretary, acting through the Commissioner of Food and Drugs, shall 
develop and publish on the website of the Food and Drug Administration a 
report on the practices of the Food and Drug Administration to broadly 
communicate with external stakeholders, other than through guidance 
documents, which shall include--
            (1) a review of the types and methods of public 
        communication that the Food and Drug Administration uses to 
        communicate and interact with medical product sponsors and other 
        external stakeholders;
            (2) the identification of best practices for the efficient 
        development, issuance, and use of such communications; and
            (3) <<NOTE: Implementation plan.>> a plan for implementation 
        of best practices for communication with external stakeholders, 
        which shall address--
                    (A) advancing the use of innovative forms of 
                communication, including novel document types and 
                formats, to provide increased regulatory clarity to 
                product sponsors and other stakeholders, and advancing 
                methods of communicating and interacting with medical 
                product sponsors and other external stakeholders, 
                including the use of tools such as product submission 
                templates, webinars, and frequently asked questions 
                communications;
                    (B) streamlining processes for regulatory 
                submissions; and
                    (C) implementing innovative communication 
                development processes and transitioning or updating 
                communication practices used during the COVID-19 public 
                health emergency, as appropriate.

    (c) Consultation.--In developing and publishing the report and 
implementation plan under this section, the Secretary shall consult with 
stakeholders, including researchers, academic organizations, 
pharmaceutical, biotechnology, and medical device developers, clinical 
research organizations, clinical laboratories, health care providers, 
patient groups, and other appropriate stakeholders.
    (d)  <<NOTE: Update.>> Manner of Issuance.-- For purposes of 
carrying out this section, the Secretary may update an existing report 
or plan, and may combine the reports and implementation plans described 
in subsections (a) and (b) into one or more documents.

    (e)  <<NOTE: Deadlines. Publications.>> Timing.--The Secretary 
shall--
            (1) not later than 1 year after the date of enactment of 
        this Act, publish a draft of the reports and plans required 
        under this section; and
            (2) not later than 180 days after publication of the draft 
        reports and plans under paragraph (1)--
                    (A) publish a final report and plan; and
                    (B) begin implementation of the best practices 
                pursuant to such final plan.

                     CHAPTER 2--MITIGATING SHORTAGES

SEC. 2511. ENSURING REGISTRATION OF FOREIGN DRUG AND DEVICE 
                          MANUFACTURERS.

    (a) Registration of Certain Foreign Establishments.--Section 510(i) 
of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360(i)) is 
amended by adding at the end the following:

[[Page 136 STAT. 5804]]

    ``(5) <<NOTE: Applicability.>> The requirements of paragraphs (1) 
and (2) shall apply regardless of whether the drug or device undergoes 
further manufacture, preparation, propagation, compounding, or 
processing at a separate establishment outside the United States prior 
to being imported or offered for import into the United States.''.

    (b)  <<NOTE: Deadline. 21 USC 360 note.>> Updating Regulations.--Not 
later than 2 years after the date of enactment of this Act, the 
Secretary of Health and Human Services shall update regulations, as 
appropriate, to implement the amendment made by subsection (a).
SEC. 2512. <<NOTE: Labeling.>>  EXTENDING EXPIRATION DATES FOR 
                          CERTAIN DRUGS.

    (a)  <<NOTE: Deadline. Guidance. Revision. 21 USC 355 note.>> In 
General.--Not later than 1 year after the date of enactment of this Act, 
the Secretary of Health and Human Services (referred to in this section 
as the ``Secretary'') shall issue draft guidance, or revise existing 
guidance, to address recommendations for sponsors of applications 
submitted under section 505 of the Federal Food, Drug, and Cosmetic Act 
(21 U.S.C. 355) or section 351 of the Public Health Service Act (42 
U.S.C. 262) regarding--
            (1) <<NOTE: Data.>> the submission of stability testing data 
        in such applications, including considerations for data 
        requirements that could be streamlined or reduced to facilitate 
        faster review of longer proposed expiration dates;
            (2) establishing in the labeling of drugs the longest 
        feasible expiration date scientifically supported by such data, 
        taking into consideration how extended expiration dates may--
                    (A) help prevent or mitigate drug shortages; and
                    (B) affect product quality; and
            (3) the use of innovative approaches for drug and 
        combination product stability modeling to support initial 
        product expiration dates and expiration date extensions.

    (b) Report.--Not later than 2 years after the date of enactment of 
this Act, and again 2 years thereafter, the Secretary shall submit to 
the Committee on Health, Education, Labor, and Pensions of the Senate 
and the Committee on Energy and Commerce of the House of Representatives 
a report that includes--
            (1) the number of drugs for which the Secretary has 
        requested the manufacturer make a labeling change regarding the 
        expiration date; and
            (2) for each drug for which the Secretary has requested a 
        labeling change with respect to the expiration date, information 
        regarding the circumstances of such request, including--
                    (A) the name and dose of such drug;
                    (B) the rationale for the request;
                    (C) whether the drug, at the time of the request, 
                was listed on the drug shortage list under section 506E 
                of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 
                356e), or was at risk of shortage;
                    (D) whether the request was made in connection with 
                a public health emergency declared under section 319 of 
                the Public Health Service Act (42 U.S.C. 247d); and
                    (E) whether the manufacturer made the requested 
                change by the requested date, and for instances where 
                the manufacturer does not make the requested change, the 
                manufacturer's justification for not making the change, 
                if the manufacturer agrees to provide such justification 
                for inclusion in the report.

[[Page 136 STAT. 5805]]

SEC. 2513. COMBATING COUNTERFEIT DEVICES.

    (a) Prohibited Acts.--Section 301 of the Federal Food, Drug, and 
Cosmetic Act (21 U.S.C. 331) is amended by adding at the end the 
following:
    ``(fff)(1) Forging, counterfeiting, simulating, or falsely 
representing, or without proper authority using any mark, stamp, tag, 
label, or other identification upon any device or container, packaging, 
or labeling thereof so as to render such device a counterfeit device.
    ``(2) Making, selling, disposing of, or keeping in possession, 
control, or custody, or concealing any punch, die, plate, stone, or 
other thing designed to print, imprint, or reproduce the trademark, 
trade name, or other identifying mark or imprint of another or any 
likeness of any of the foregoing upon any device or container, 
packaging, or labeling thereof so as to render such device a counterfeit 
device.
    ``(3) The doing of any act which causes a device to be a counterfeit 
device, or the sale or dispensing, or the holding for sale or 
dispensing, of a counterfeit device.''.
    (b) Penalties.--Section 303 of the Federal Food, Drug, and Cosmetic 
Act (21 U.S.C. 333) is amended--
            (1) in subsection (b)(8), by inserting ``, or who violates 
        section 301(fff)(3) by knowingly making, selling or dispensing, 
        or holding for sale or dispensing, a counterfeit device,'' after 
        ``a counterfeit drug''; and
            (2) in subsection (c), by inserting ``; or (6) for having 
        violated section 301(fff)(2) if such person acted in good faith 
        and had no reason to believe that use of the punch, die, plate, 
        stone, or other thing involved would result in a device being a 
        counterfeit device, or for having violated section 301(fff)(3) 
        if the person doing the act or causing it to be done acted in 
        good faith and had no reason to believe that the device was a 
        counterfeit device'' before the period.

    (c) Seizure.--Section 304(a)(2) of the Federal Food, Drug, and 
Cosmetic Act (21 U.S.C. 334(a)(2)) is amended--
            (1) by striking ``, and (E)'' and inserting ``, (E)''; and
            (2) by inserting ``, (F) Any device that is a counterfeit 
        device, (G) Any container, packaging, or labeling of a 
        counterfeit device, and (H) Any punch, die, plate, stone, 
        labeling, container, or other thing used or designed for use in 
        making a counterfeit device or devices'' before the period.
SEC. 2514. <<NOTE: Deadlines.>> PREVENTING MEDICAL DEVICE 
                          SHORTAGES.

    (a) Notifications.--Section 506J of the Federal Food, Drug, and 
Cosmetic Act (21 U.S.C. 356j) is amended--
            (1) in subsection (f), by inserting ``or (h)'' after 
        ``subsection (a)'';
            (2) by redesignating subsections (h) and (i) as subsections 
        (i) and (j), respectively; and
            (3) by inserting after subsection (g) the following:

    ``(h)  <<NOTE: Determination.>> Additional Notifications.--The 
Secretary may receive voluntary notifications from a manufacturer of a 
device that is life-supporting, life-sustaining, or intended for use in 
emergency medical care or during surgery, or any other device the 
Secretary determines to be critical to the public health, pertaining to 
a permanent discontinuance in the manufacture of the device (except for 
any discontinuance as a result of an approved modification of the

[[Page 136 STAT. 5806]]

device) or an interruption of the manufacture of the device that is 
likely to lead to a meaningful disruption in the supply of that device 
in the United States, and the reasons for such discontinuance or 
interruption.''.

    (b)  <<NOTE: 21 USC 356j note.>> Guidance on Voluntary Notifications 
of Discontinuance or Interruption of Device Manufacture.--Not later than 
1 year after the date of enactment of this Act, the Secretary shall 
issue draft guidance to facilitate voluntary notifications under 
subsection (h) of section 506J of the Federal Food, Drug, and Cosmetic 
Act (21 U.S.C. 356j), as added by subsection (a). <<NOTE: Recommenda- 
tions. Timeframes. Processes.>> Such guidance shall include a 
description of circumstances in which a voluntary notification under 
such subsection (h) may be appropriate, recommended timeframes for such 
a notification, the process for receiving such a notification, and 
actions the Secretary may take to mitigate or prevent a shortage 
resulting from a discontinuance or interruption in the manufacture of a 
device for which such notification is received. The Secretary shall 
issue final guidance not later than 1 year after the close of the 
comment period for the draft guidance.

    (c)  <<NOTE: 21 USC 356j note.>> Guidance on Device Shortage 
Notification Requirement.--Not later than 1 year after the date of 
enactment of this Act, the Secretary shall issue or revise draft 
guidance regarding requirements under section 506J of the Federal Food, 
Drug, and Cosmetic Act (21 U.S.C. 356j). <<NOTE: List.>> Such guidance 
shall include a list of each device product code for which a 
manufacturer of such device is required to notify the Secretary in 
accordance with section 506J.
SEC. 2515. TECHNICAL CORRECTIONS.

    (a) Technical Corrections to the CARES Act.--Division A of the CARES 
Act (Public Law 116-136) is amended--
            (1) in section 3111(1), <<NOTE: 21 USC 356c.>>  by striking 
        ``in paragraph (1)'' and inserting ``in the matter preceding 
        paragraph (1)'';
            (2) in section 3112(d)(1), <<NOTE: 21 USC 374.>>  by 
        striking ``and subparagraphs (A) and (B)'' and inserting ``as 
        subparagraphs (A) and (B)''; and
            (3) in section 3112(e), <<NOTE: 21 USC 360.>>  by striking 
        ``Federal Food, Drug, Cosmetic Act'' and inserting ``Federal 
        Food, Drug, and Cosmetic Act''.

    (b) Technical Corrections to the Federal Food, Drug, and Cosmetic 
Act Related to the CARES Act.--
            (1) Section 506c.--Section 506C(a) of the Federal Food, 
        Drug, and Cosmetic Act (21 U.S.C. 356c(a)) is amended, in the 
        flush text at the end, by striking the second comma after ``in 
        the United States''.
            (2)  <<NOTE: 21 USC 356c note.>> Effective date.--The 
        amendment made by paragraph (1) shall take effect as if included 
        in section 3112 of division A of the CARES Act (Public Law 116-
        136).

    (c) Other Technical Correction to the Federal Food, Drug, and 
Cosmetic Act.--Section 505B(f)(6)(I) of the Federal Food, Drug, and 
Cosmetic Act (21 U.S.C. 355c(f)(6)(I)) is amended by striking 
``subsection (a)(3)(B)'' and inserting ``subsection (a)(4)(C)''.

[[Page 136 STAT. 5807]]

TITLE III-- <<NOTE: Food and Drug Omnibus Reform Act of 2022.>> FOOD AND 
DRUG ADMINISTRATION
SEC. 3001. <<NOTE: 21 USC 301 note.>>  SHORT TITLE.

    This title may be cited as the ``Food and Drug Omnibus Reform Act of 
2022''.
SEC. 3002. <<NOTE: 21 USC 350a-1 note.>> DEFINITION.

    In this title, except as otherwise specified, the term ``Secretary'' 
means the Secretary of Health and Human Services.

                      Subtitle A--Reauthorizations

SEC. 3101. REAUTHORIZATION OF THE CRITICAL PATH PUBLIC-PRIVATE 
                          PARTNERSHIP.

    Section 566(f) of the Federal Food, Drug, and Cosmetic Act (21 
U.S.C. 360bbb-5(f)) is amended by striking ``$1,265,753 for the period 
beginning on October 1, 2022 and ending on December 23, 2022'' and 
inserting ``$6,000,000 for each of fiscal years 2023 through 2027''.
SEC. 3102. REAUTHORIZATION OF THE BEST PHARMACEUTICALS FOR 
                          CHILDREN PROGRAM.

    Section 409I(d)(1) of the Public Health Service Act (42 U.S.C. 
284m(d)(1)) is amended by striking ``$5,273,973 for the period beginning 
on October 1, 2022 and ending on December 23, 2022'' and inserting 
``$25,000,000 for each of fiscal years 2023 through 2027''.
SEC. 3103. REAUTHORIZATION OF THE HUMANITARIAN DEVICE EXEMPTION 
                          INCENTIVE.

    Section 520(m)(6)(A)(iv) of the Federal Food, Drug, and Cosmetic Act 
(21 U.S.C. 360j(m)(6)(A)(iv)) is amended by striking ``December 24, 
2022'' and inserting ``October 1, 2027''.
SEC. 3104. REAUTHORIZATION OF THE PEDIATRIC DEVICE CONSORTIA 
                          PROGRAM.

    Section 305(e) of the Food and Drug Administration Amendments Act of 
2007 (Public Law 110-85; 42 U.S.C. 282 note) is amended by striking 
``$1,107,534 for the period beginning on October 1, 2022, and ending on 
December 23, 2022'' and inserting ``$7,000,000 for each of fiscal years 
2023 through 2027''.
SEC. 3105. REAUTHORIZATION OF PROVISION PERTAINING TO DRUGS 
                          CONTAINING SINGLE ENANTIOMERS.

    Section 505(u) of the Federal Food, Drug, and Cosmetic Act (21 
U.S.C. 355(u)) is amended--
            (1) in paragraph (1)(A)(ii)(II), by adding ``(other than 
        bioavailability studies)'' after ``any clinical 
        investigations''; and
            (2) in paragraph (4), by striking ``December 24, 2022'' and 
        inserting ``October 1, 2027''.
SEC. 3106. REAUTHORIZATION OF CERTAIN DEVICE INSPECTIONS.

    Section 704(g)(11) of the Federal Food, Drug, and Cosmetic Act (21 
U.S.C. 374(g)(11)) is amended by striking ``December 24, 2022'' and 
inserting ``October 1, 2027''.

[[Page 136 STAT. 5808]]

SEC. 3107. REAUTHORIZATION OF ORPHAN DRUG GRANTS.

    Section 5 of the Orphan Drug Act (21 U.S.C. 360ee) is amended--
            (1) in subsection (a)--
                    (A) by striking ``and (3)'' and inserting ``(3)''; 
                and
                    (B) by inserting before the period at the end the 
                following: ``, and (4) developing regulatory science 
                pertaining to the chemistry, manufacturing, and controls 
                of individualized medical products to treat individuals 
                with rare diseases or conditions''; and
            (2) in subsection (c), by striking ``$6,328,767 for the 
        period beginning on October 1, 2022, and ending on December 23, 
        2022'' and inserting ``$30,000,000 for each of fiscal years 2023 
        through 2027''.
SEC. 3108. REAUTHORIZATION OF REPORTING REQUIREMENTS RELATED TO 
                          PENDING GENERIC DRUG APPLICATIONS AND 
                          PRIORITY REVIEW APPLICATIONS.

    Section 807 of the FDA Reauthorization Act of 2017 (Public Law 115-
52) <<NOTE: 131 Stat. 1073.>>  is amended, in the matter preceding 
paragraph (1), by striking ``December 23, 2022'' and inserting ``October 
1, 2027''.
SEC. 3109. REAUTHORIZATION OF THIRD-PARTY REVIEW PROGRAM.

    Section 523(c) of the Federal Food, Drug, and Cosmetic Act (21 
U.S.C. 360m(c)) is amended by striking ``December 24, 2022'' and 
inserting ``on October 1, 2027'' .

                     Subtitle B--Drugs and Biologics

     CHAPTER 1--RESEARCH, DEVELOPMENT, AND COMPETITION IMPROVEMENTS

SEC. 3201. PROMPT REPORTS OF MARKETING STATUS BY HOLDERS OF 
                          APPROVED APPLICATIONS FOR BIOLOGICAL 
                          PRODUCTS.

    (a) In General.--Section 506I of the Federal Food, Drug, and 
Cosmetic Act (21 U.S.C. 356i) is amended--
            (1) in subsection (a)--
                    (A) in the matter preceding paragraph (1), by 
                striking ``The holder of an application approved under 
                subsection (c) or (j) of section 505'' and inserting 
                ``The holder of an application approved under subsection 
                (c) or (j) of section 505 of this Act or subsection (a) 
                or (k) of section 351 of the Public Health Service 
                Act'';
                    (B) in paragraph (2), by striking ``established 
                name'' and inserting ``established name (or, in the case 
                of a biological product, the proper name)''; and
                    (C) in paragraph (3), by striking ``or abbreviated 
                application number'' and inserting ``, abbreviated 
                application number, or biologics license application 
                number''; and
            (2) in subsection (b)--
                    (A) in the matter preceding paragraph (1), by 
                striking ``The holder of an application approved under 
                subsection (c) or (j)'' and inserting ``The holder of an 
                application approved under subsection (c) or (j) of 
                section 505 of this Act or subsection (a) or (k) of 
                section 351 of the Public Health Service Act'';

[[Page 136 STAT. 5809]]

                    (B) in paragraph (1), by striking ``established 
                name'' and inserting ``established name (or, in the case 
                of a biological product, the proper name)''; and
                    (C) in paragraph (2), by striking ``or abbreviated 
                application number'' and inserting ``, abbreviated 
                application number, or biologics license application 
                number''.

    (b) Additional One-Time Report.--Subsection (c) of section 506I of 
the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 356i) is amended to 
read as follows:
    ``(c)  <<NOTE: Review. Notice.>> Additional One-Time Report.--Within 
180 days of the date of enactment of the Food and Drug Omnibus Reform 
Act of 2022, all holders of applications approved under subsection (a) 
or (k) of section 351 of the Public Health Service Act shall review the 
information in the list published under section 351(k)(9)(A) of the 
Public Health Service Act and shall submit a written notice to the 
Secretary--
            ``(1) stating that all of the application holder's 
        biological products in the list published under such section 
        351(k)(9)(A) that are not listed as discontinued are available 
        for sale; or
            ``(2) including the information required pursuant to 
        subsection (a) or (b), as applicable, for each of the 
        application holder's biological products that are in the list 
        published under such section 351(k)(9)(A) and not listed as 
        discontinued, but have been discontinued from sale or never have 
        been available for sale.''.

    (c) Purple Book.--Section 506I of the Federal Food, Drug, and 
Cosmetic Act (21 U.S.C. 356i) is amended--
            (1) by striking subsection (d) and inserting the following:

    ``(d) Failure To Meet Requirements.--If a holder of an approved 
application fails to submit the information required under subsection 
(a), (b), or (c), the Secretary may--
            ``(1) <<NOTE: Determinations.>> move the application 
        holder's drugs from the active section of the list published 
        under section 505(j)(7)(A) to the discontinued section of the 
        list, except that the Secretary shall remove from the list in 
        accordance with section 505(j)(7)(C) drugs the Secretary 
        determines have been withdrawn from sale for reasons of safety 
        or effectiveness; and
            ``(2) identify the application holder's biological products 
        as discontinued in the list published under section 351(k)(9)(A) 
        of the Public Health Service Act, except that the Secretary 
        shall remove from the list in accordance with section 
        351(k)(9)(B) of such Act biological products for which the 
        license has been revoked or suspended for reasons of safety, 
        purity, or potency.''; and
            (2) in subsection (e)--
                    (A) <<NOTE: Update.>> by inserting after the first 
                sentence the following: ``The Secretary shall update the 
                list published under section 351(k)(9)(A) of the Public 
                Health Service Act based on information provided under 
                subsections (a), (b), and (c) by identifying as 
                discontinued biological products that are not available 
                for sale, except that biological products for which the 
                license has been revoked or suspended for safety, 
                purity, or potency reasons shall be removed from the 
                list in accordance with section 351(k)(9)(B) of the 
                Public Health Service Act.'';

[[Page 136 STAT. 5810]]

                    (B) by striking ``monthly updates to the list'' and 
                inserting ``monthly updates to the lists referred to in 
                the preceding sentences''; and
                    (C) by striking ``and shall update the list based 
                on'' and inserting ``and shall update such lists based 
                on''.

    (d) Technical Corrections.--Section 506I(e) of the Federal Food, 
Drug, and Cosmetic Act (21 U.S.C. 356i(e)) is amended--
            (1) by striking ``subsection 505(j)(7)(A)'' and inserting 
        ``section 505(j)(7)(A)''; and
            (2) by striking ``subsection 505(j)(7)(C)'' and inserting 
        ``section 505(j)(7)(C)''.
SEC. 3202. IMPROVING THE TREATMENT OF RARE DISEASES AND 
                          CONDITIONS.

    (a) Report on Orphan Drug Program.--
            (1)  <<NOTE: Summary. Time period.>> In general.--Not later 
        than September 30, 2026, the Secretary shall submit to the 
        Committee on Energy and Commerce of the House of Representatives 
        and the Committee on Health, Education, Labor, and Pensions of 
        the Senate a report summarizing the activities of the Food and 
        Drug Administration, with respect to the period of fiscal years 
        2023 through fiscal year 2025, related to designating drugs 
        under section 526 of the Federal Food, Drug, and Cosmetic Act 
        (21 U.S.C. 360bb) for a rare disease or condition and approving 
        such drugs under section 505 of such Act (21 U.S.C. 355) or 
        licensing such drugs under section 351 of the Public Health 
        Service Act (42 U.S.C. 262), including--
                    (A) the number of applications for such drugs under 
                section 505 of the Federal Food, Drug, and Cosmetic Act 
                (21 U.S.C. 355) or section 351 of the Public Health 
                Service Act (42 U.S.C. 262) received by the Food and 
                Drug Administration, the number of such applications 
                accepted and rejected for filing, and the numbers of 
                such applications pending, approved, and for which a 
                complete response letter has been issued by the Food and 
                Drug Administration;
                    (B) the number of applications for which the sponsor 
                requested written recommendations pursuant to section 
                525 of the Federal Food, Drug, and Cosmetic Act (21 
                U.S.C. 360aa) and the number of such applications for 
                which the sponsor received such written recommendations;
                    (C) a description of trends in drug approvals for 
                rare diseases and conditions across review divisions at 
                the Food and Drug Administration;
                    (D) the extent to which the Food and Drug 
                Administration is consulting with external experts 
                pursuant to section 569(a)(2) of the Federal Food, Drug, 
                and Cosmetic Act (21 U.S.C. 360bbb-8(a)(2)) on topics 
                pertaining to drugs for a rare disease or condition, 
                including how and when any such consultation is 
                occurring;
                    (E) the number of applications for which the 
                Secretary allowed the sponsor to rely upon data and 
                information pursuant to section 529A of the Federal 
                Food, Drug, and Cosmetic Act (21 U.S.C. 360ff-1); and
                    (F) a description of the Food and Drug 
                Administration's efforts to promote best practices in 
                the development of novel treatments for rare diseases or 
                conditions, including--

[[Page 136 STAT. 5811]]

                          (i) reviewer training on policies, methods, 
                      and tools related to rare diseases and conditions; 
                      and
                          (ii) new regulatory science and coordinated 
                      support for patient and stakeholder engagement.
            (2) <<NOTE: Web posting.>> Public availability.--The 
        Secretary shall make the report under paragraph (1) available to 
        the public, including by posting the report on the website of 
        the Food and Drug Administration.
            (3) Information disclosure.--Nothing in this subsection 
        shall be construed to authorize the disclosure of information 
        that is prohibited from disclosure under section 301(j) of the 
        Federal Food, Drug, and Cosmetic Act (21 U.S.C. 331(j)) or 
        section 1905 of title 18, United States Code, or subject to 
        withholding under paragraph (4) of section 552(b) of title 5, 
        United States Code (commonly referred to as the ``Freedom of 
        Information Act'').

    (b)  <<NOTE: Deadline. Publication.>> Guidance.--Not later than 9 
months after the date of enactment of this Act, the Secretary shall 
publish final guidance related to the draft guidance titled, ``Rare 
Diseases: Common Issues in Drug Development'', issued on February 1, 
2019.

    (c) Study on European Union Safety and Efficacy Reviews of Drugs for 
Rare Diseases and Conditions.--
            (1)  <<NOTE: Contracts.>> In general.--The Secretary shall 
        enter into a contract with the National Academies of Sciences, 
        Engineering, and Medicine (referred to in this section as the 
        ``National Academies'') to conduct a study on processes for 
        evaluating the safety and efficacy of drugs for rare diseases or 
        conditions in the United States and the European Union, 
        including--
                    (A) flexibilities, authorities, or mechanisms 
                available to regulators in the United States and the 
                European Union specific to rare diseases or conditions;
                    (B) <<NOTE: Data.>> the consideration and use of 
                supplemental data submitted during review processes in 
                the United States and the European Union, including data 
                associated with open label extension studies and 
                expanded access programs specific to rare diseases or 
                conditions;
                    (C) <<NOTE: Assessment.>> an assessment of 
                collaborative efforts between United States and European 
                Union regulators related to--
                          (i) product development programs under review;
                          (ii) policies under development and those 
                      recently issued; and
                          (iii) scientific information related to 
                      product development or regulation; and
                    (D) <<NOTE: Recommenda- tions.>>  recommendations 
                for how Congress can support collaborative efforts 
                described in subparagraph (C).
            (2) Consultation.--The contract under paragraph (1) shall 
        provide for consultation with relevant stakeholders, including--
                    (A) representatives from the Food and Drug 
                Administration and the European Medicines Agency;
                    (B) patients with rare diseases or conditions; and
                    (C) patient groups that--
                          (i) represent patients with rare diseases or 
                      conditions; and
                          (ii) have international patient outreach.
            (3) Report.--The contract under paragraph (1) shall provide 
        for, not later than 2 years after the date of entering into such 
        contract--

[[Page 136 STAT. 5812]]

                    (A) the completion of the study under paragraph (1); 
                and
                    (B) the submission of a report on the results of 
                such study to the Committee on Energy and Commerce of 
                the House of Representatives and the Committee on 
                Health, Education, Labor, and Pensions of the Senate.
            (4)  <<NOTE: Web posting.>> Public availability.--The 
        contract under paragraph (1) shall provide for the National 
        Academies to make the report under paragraph (3) available to 
        the public, including by posting the report on the website of 
        the National Academies.

    (d) Public Meeting.--
            (1)  <<NOTE: Deadline.>> In general.--Not later than 
        December 31, 2023, the Secretary, acting through the 
        Commissioner of Food and Drugs, shall convene one or more public 
        meetings to solicit input from stakeholders regarding the 
        approaches described in paragraph (2).
            (2) Approaches.--The public meeting or meetings under 
        paragraph (1) shall address approaches to increasing and 
        improving engagement with rare disease or condition patients, 
        groups representing such patients, rare disease or condition 
        experts, and experts on small population studies, in order to 
        improve the understanding with respect to rare diseases or 
        conditions of--
                    (A) patient burden;
                    (B) treatment options; and
                    (C) side effects of treatments, including 
                understanding the risks of side effects relative to the 
                health status of the patient and the progression of the 
                disease or condition.
            (3)  <<NOTE: Public comments.>> Public docket.--The 
        Secretary shall establish a public docket to receive written 
        comments related to the approaches addressed during each public 
        meeting under paragraph (1). Such public <<NOTE: Time 
        period.>> docket shall remain open for 60 days following the 
        date of each such public meeting.
            (4)  <<NOTE: Web posting.>> Reports.--Not later than 180 
        days after each public meeting under paragraph (1), the 
        Commissioner of Food and Drugs shall develop and publish on the 
        website of the Food and Drug Administration a report on--
                    (A) the approaches discussed at the public meeting; 
                and
                    (B) <<NOTE: Recommenda- tions.>> any related 
                recommendations.

    (e) Consultation on the Science of Small Population Studies.--
Section 569(b) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 
360bbb-8(b)) is amended--
            (1) in paragraph (6), by striking ``; and'' and inserting a 
        semicolon;
            (2) in paragraph (7), by striking the period and inserting 
        ``; and''; and
            (3) by adding at the end the following:
            ``(8) the science of small population studies.''.

    (f) GAO Report.--
            (1)  <<NOTE: Assessments.>> In general.--Not later than 18 
        months after the date of enactment of this Act, the Comptroller 
        General of the United States shall submit to the Committee on 
        Health, Education, Labor, and Pensions of the Senate and the 
        Committee on Energy and Commerce of the House of 
        Representatives, a report assessing the policies, practices, and 
        programs of the Food

[[Page 136 STAT. 5813]]

        and Drug Administration with respect to the review of 
        applications for approval of drugs under section 505 of the 
        Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355) and 
        licensing of biological products under section 351 of the Public 
        Health Service Act (42 U.S.C. 262) intended to treat rare 
        diseases and conditions.
            (2) Content of report.--The report under paragraph (1) 
        shall--
                    (A) describe the activities of the Food and Drug 
                Administration dedicated to the development and review 
                of drugs and biological products intended to treat rare 
                diseases and conditions under section 505 of the Federal 
                Food, Drug, and Cosmetic Act (21 U.S.C. 355) and section 
                351 of the Public Health Service Act (42 U.S.C. 262);
                    (B) describe challenges with developing and 
                obtaining approval or licensure of drugs and biological 
                products intended to treat rare diseases and conditions, 
                such as challenges related to designing and conducting 
                clinical trials, clinical trial subject recruitment and 
                enrollment, study endpoints, and ensuring data quality, 
                assessing the benefit-risk profile of drugs and 
                biological products intended to treat rare diseases and 
                conditions, and meeting requirements for approval or 
                licensure;
                    (C) <<NOTE: Assessment.>>  assess the effectiveness 
                of policies and practices of the Food and Drug 
                Administration related to the review of applications for 
                drugs and biological products intended to treat rare 
                diseases and conditions, including--
                          (i) initiatives to support the development and 
                      review of drugs and biological products intended 
                      to treat rare diseases and conditions, including 
                      initiatives related to regulatory science, 
                      clinical trial design, statistical analysis, and 
                      other relevant topics;
                          (ii) consideration of relevant patient-focused 
                      drug development data and information, including 
                      patient experience data and the views of patients, 
                      pursuant to section 569C of the Federal Food, 
                      Drug, and Cosmetic Act (21 U.S.C. 360bbb-8c);
                          (iii) training and other efforts to ensure the 
                      expertise of personnel of the Food and Drug 
                      Administration regarding the review of 
                      applications for drugs and biological products 
                      intended to treat rare diseases and conditions; 
                      and
                          (iv) consultations and engagement with 
                      stakeholders and external experts pursuant to 
                      section 569 of the Federal Food, Drug, and 
                      Cosmetic Act (21 U.S.C. 360bbb-8);
                    (D) <<NOTE: Assessment.>> assess the extent to which 
                the Food and Drug Administration is applying the 
                policies and practices described in subparagraph (C) 
                consistently across review divisions, and the factors 
                that influence the extent to which such application is 
                consistent; and
                    (E) <<NOTE: Recommenda- tions.>> include 
                recommendations to address challenges and deficiencies 
                identified, including recommendations to improve the 
                effectiveness, consistency, and coordination of 
                policies, practices, and programs of the Food and Drug 
                Administration related to the review of applications for

[[Page 136 STAT. 5814]]

                drugs and biological products intended to treat rare 
                diseases and conditions.

    (g) Definition.--In this section, the terms ``rare disease or 
condition'', ``rare diseases or conditions'', and ``rare diseases and 
conditions'' have the meaning given the term ``rare disease or 
condition'' in section 526(a)(2) of the Federal Food, Drug, and Cosmetic 
Act (21 U.S.C. 360bbb(a)(2)).
SEC. 3203. EMERGING TECHNOLOGY PROGRAM.

    Chapter V of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 201 
et seq.) is amended by inserting after section 566 of such Act (21 
U.S.C. 360bbb-5) the following:
``SEC. 566A. <<NOTE: 21 USC 360bbb-5a.>> EMERGING TECHNOLOGY 
                          PROGRAM.

    ``(a) Program Establishment.--
            ``(1) In general.--The Secretary shall establish a program 
        to support the adoption of, and improve the development of, 
        innovative approaches to drug design and manufacturing.
            ``(2) Actions.--In carrying out the program under paragraph 
        (1), the Secretary may--
                    ``(A) facilitate and increase communication between 
                public and private entities, consortia, and individuals 
                with respect to innovative drug product design and 
                manufacturing;
                    ``(B) solicit information regarding, and conduct or 
                support research on, innovative approaches to drug 
                product design and manufacturing;
                    ``(C) convene meetings with representatives of 
                industry, academia, other Federal agencies, 
                international agencies, and other interested persons, as 
                appropriate;
                    ``(D) convene working groups to support drug product 
                design and manufacturing research and development;
                    ``(E) support education and training for regulatory 
                staff and scientists related to innovative approaches to 
                drug product design and manufacturing;
                    ``(F) advance regulatory science related to the 
                development and review of innovative approaches to drug 
                product design and manufacturing;
                    ``(G) convene or participate in working groups to 
                support the harmonization of international regulatory 
                requirements related to innovative approaches to drug 
                product design and manufacturing; and
                    ``(H) <<NOTE: Grants. Contracts.>> award grants or 
                contracts to carry out or support the program under 
                paragraph (1).
            ``(3) Grants and contracts.--To seek a grant or contract 
        under this section, an entity shall submit an application--
                    ``(A) in such form and manner as the Secretary may 
                require; and
                    ``(B) containing such information as the Secretary 
                may require, including a description of--
                          ``(i) how the entity will conduct the 
                      activities to be supported through the grant or 
                      contract; and
                          ``(ii) how such activities will further 
                      research and development related to, or adoption 
                      of, innovative approaches to drug product design 
                      and manufacturing.

    ``(b) Guidance.--The Secretary shall--

[[Page 136 STAT. 5815]]

            ``(1) <<NOTE: Update.>> issue or update guidance to help 
        facilitate the adoption of, and advance the development of, 
        innovative approaches to drug product design and manufacturing; 
        and
            ``(2) include in such guidance descriptions of--
                    ``(A) any regulatory requirements related to the 
                development or review of technologies related to 
                innovative approaches to drug product design and 
                manufacturing, including updates and improvements to 
                such technologies after product approval; and
                    ``(B) data that can be used to demonstrate the 
                identity, safety, purity, and potency of drugs 
                manufactured using such technologies.

    ``(c) Report to Congress.--Not later than 4 years after the date of 
enactment of this section, the Secretary shall submit to the Committee 
on Energy and Commerce of the House of Representatives and the Committee 
on Health, Education, Labor, and Pensions of the Senate a report 
containing--
            ``(1) an annual accounting of the allocation of funds made 
        available to carry out this section;
            ``(2) a description of how Food and Drug Administration 
        staff were utilized to carry out this section and, as 
        applicable, any challenges or limitations related to staffing;
            ``(3) the number of public meetings held or participated in 
        by the Food and Drug Administration pursuant to this section, 
        including meetings convened as part of a working group described 
        in subparagraph (D) or (G) of subsection (a)(2), and the topics 
        of each such meeting; and
            ``(4) the number of drug products approved or licensed, 
        after the date of enactment of this section, using an innovative 
        approach to drug product design and manufacturing.''.
SEC. 3204. NATIONAL CENTERS OF EXCELLENCE IN ADVANCED AND 
                          CONTINUOUS PHARMACEUTICAL MANUFACTURING.

    (a) In General.--Section 3016 of the 21st Century Cures Act (21 
U.S.C. 399h) is amended to read as follows:
``SEC. 3016. NATIONAL CENTERS OF EXCELLENCE IN ADVANCED AND 
                          CONTINUOUS PHARMACEUTICAL MANUFACTURING.

    ``(a) In General.--The Secretary of Health and Human Services, 
acting through the Commissioner of Food and Drugs--
            ``(1) may, to support the advancement, development, and 
        implementation of advanced and continuous pharmaceutical 
        manufacturing--
                    ``(A) solicit requests for designation as National 
                Centers of Excellence in Advanced and Continuous 
                Pharmaceutical Manufacturing (in this section referred 
                to as a `National Center of Excellence');
                    ``(B) <<NOTE: Deadline. Designations.>> beginning 
                not later than one year after the date of enactment of 
                the Food and Drug Omnibus Reform Act of 2022, designate 
                as National Centers of Excellence institutions of higher 
                education or consortia of institutions of higher 
                education that--
                          ``(i) request such designation; and
                          ``(ii) meet the eligibility criteria specified 
                      in subsection (c); and
                    ``(C) <<NOTE: Grants.>> award grants to such 
                institutions or consortia of institutions; and

[[Page 136 STAT. 5816]]

            ``(2) <<NOTE: Designations.>> shall so designate not more 
        than 5 institutions of higher education or consortia of such 
        institutions.

    ``(b) Request for Designation.--A request for designation under 
subsection (a) shall be made to the Secretary at such time, in such 
manner, and containing such information as the Secretary may require.
    ``(c) Eligibility Criteria for Designation.--To be eligible to 
receive a designation under this section, an institution of higher 
education or consortium of institutions of higher education shall 
include in its request for designation a description of the 
institution's or consortium's--
            ``(1) physical capacity and technical capabilities to 
        conduct advanced research on, and to develop and implement, 
        advanced and continuous pharmaceutical manufacturing;
            ``(2) collaboration or partnerships with other institutions 
        of higher education, nonprofit organizations, and large and 
        small pharmaceutical manufacturers, including generic and 
        nonprescription manufacturers, contract manufacturers, and other 
        relevant entities;
            ``(3) proven capacity to design, develop, implement, and 
        demonstrate new, highly effective technologies for use in 
        advanced and continuous pharmaceutical manufacturing;
            ``(4) proven ability to facilitate training of a qualified 
        workforce for advanced research on, and development and 
        implementation of, advanced and continuous pharmaceutical 
        manufacturing; and
            ``(5)(A) experience in participating in and leading advanced 
        and continuous pharmaceutical manufacturing technology 
        partnerships with other institutions of higher education, 
        nonprofit organizations, and large and small pharmaceutical 
        manufacturers, including generic and nonprescription 
        manufacturers, contract manufacturers, and other relevant 
        entities to--
                    ``(i) support the implementation of advanced or 
                continuous pharmaceutical manufacturing for companies 
                manufacturing or seeking to manufacture in the United 
                States;
                    ``(ii) support Federal agencies with technical 
                assistance and workforce training, which may include 
                regulatory and quality metric guidance as applicable, 
                and hands-on training, for advanced and continuous 
                pharmaceutical manufacturing;
                    ``(iii) organize and conduct advanced research and 
                development activities, with respect to advanced or 
                continuous pharmaceutical manufacturing, needed to 
                develop new and more effective technology, and to 
                develop and support technological leadership;
                    ``(iv) develop best practices for designing, 
                developing, and implementing advanced and continuous 
                pharmaceutical manufacturing processes; and
                    ``(v) identify and assess workforce needs for 
                advanced and continuous pharmaceutical manufacturing, 
                and address such workforce needs, which may include the 
                development and implementing of training programs; or
            ``(B) <<NOTE: Plan. Deadline.>> a plan, to be implemented 
        within 2 years, to establish partnerships described in 
        subparagraph (A).

    ``(d)  <<NOTE: Designation.>> Termination of Designation.--The 
Secretary may terminate the designation of any National Center of 
Excellence designated under this section if the Secretary determines 
such National

[[Page 136 STAT. 5817]]

Center of Excellence no longer meets the criteria specified in 
subsection (c). <<NOTE: Deadline. Notice.>> Not later than 90 days 
before the effective date of such a termination, the Secretary shall 
provide written notice to the National Center of Excellence, including 
the rationale for such termination.

    ``(e)  <<NOTE: Requirements. Contracts.>> Conditions for 
Designation.--As a condition of designation as a National Center of 
Excellence under this section, the Secretary shall require that an 
institution of higher education or consortium of institutions of higher 
education enter into an agreement with the Secretary under which the 
institution or consortium agrees--
            ``(1) to collaborate directly with the Food and Drug 
        Administration to publish the reports required by subsection 
        (g);
            ``(2) to share data with the Food and Drug Administration 
        regarding best practices and research generated through the 
        funding under subsection (f);
            ``(3) <<NOTE: Strategic plan.>> to develop, along with 
        industry partners (which may include large and small 
        pharmaceutical manufacturers, including generic and 
        nonprescription manufacturers, and contract research 
        organizations or contract manufacturers that carry out drug 
        development and manufacturing activities) and another 
        institution or consortium designated under this section, if any, 
        a strategic plan for developing an advanced and continuous 
        pharmaceutical manufacturing workforce;
            ``(4) <<NOTE: Strategic plan.>> to develop, along with 
        industry partners and other institutions or consortia of such 
        institutions designated under this section, a strategic plan for 
        strengthening existing, and developing new, partnerships with 
        other institutions of higher education or consortia thereof, or 
        nonprofit organizations; and
            ``(5) <<NOTE: Reports.>> to provide an annual report to the 
        Food and Drug Administration regarding the designee's activities 
        under this section, including a description of how the designee 
        continues to meet and make progress on the criteria specified in 
        subsection (c).

    ``(f) Funding.--
            ``(1)  <<NOTE: Grants. Contracts.>> In general.--The 
        Secretary shall award funding, through grants, contracts, or 
        cooperative agreements, to the entities designated as National 
        Centers of Excellence under this section for the purposes of 
        supporting the advanced research on, and development and 
        implementation of, advanced and continuous pharmaceutical 
        manufacturing, and recommending improvements to advanced and 
        continuous pharmaceutical manufacturing, including--
                    ``(A) expanding capacity for advanced research on, 
                and development of, advanced and continuous 
                pharmaceutical manufacturing; and
                    ``(B) implementing advanced research capacity and 
                capabilities in advanced and continuous pharmaceutical 
                manufacturing suitable for accelerating the development 
                of drug products needed to respond to public health 
                threats, mitigate or prevent drug shortages, address 
                drug quality issues and supply chain disruptions, and 
                other circumstances with respect to which the Secretary 
                may determine the rapid development of new products or 
                new manufacturing processes may be appropriate.
            ``(2) Consistency with fda mission.--As a condition on 
        receipt of funding under this subsection, a National Center

[[Page 136 STAT. 5818]]

        of Excellence shall consider any input from the Secretary 
        regarding the use of funding related to--
                    ``(A) best practices to increase, and provide for 
                the advancement of, advanced and continuous 
                pharmaceutical manufacturing through the National Center 
                of Excellence; and
                    ``(B) the extent to which activities conducted by 
                the National Center of Excellence are consistent with 
                the mission of the Food and Drug Administration.
            ``(3) Rule of construction.--Nothing in this section shall 
        be construed as precluding a National Center for Excellence 
        designated under this section from receiving funds under any 
        other provision of this Act or any other Federal law.

    ``(g) Annual Review and Reports.--
            ``(1) Annual report to congress.--Beginning not later than 
        one year after the date on which the first designation is made 
        under subsection (a), and annually thereafter, the Secretary 
        shall--
                    ``(A) submit to Congress a report describing the 
                activities, partnerships and collaborations, Federal 
                policy recommendations, previous and continuing funding, 
                and findings of, and any other applicable information 
                from, the National Centers of Excellence designated 
                under this section;
                    ``(B) <<NOTE: Expenses.>> include in such report an 
                accounting of the Federal administrative expenses 
                described in subsection (i)(2) over the reporting 
                period; and
                    ``(C) <<NOTE: Public information. Web posting.>>  
                make such report available to the public in an easily 
                accessible electronic format on the website of the Food 
                and Drug Administration.
            ``(2)  <<NOTE: Summary.>> Center of excellence report.--An 
        entity receiving a grant under this section shall, not later 
        than 1 year after receiving such grant, and annually thereafter 
        for the duration of the grant period, submit to the Secretary a 
        summary of programs and activities funded under the grant.
            ``(3) Periodic review.--The Secretary shall periodically 
        review the National Centers of Excellence designated under this 
        section to ensure that such National Centers of Excellence 
        continue to meet the criteria for designation under this 
        section.
            ``(4)  <<NOTE: Plans. Guidance. Regulations.>> Additional 
        report to congress.--Not later than 1 year after the date on 
        which the first designation is made under subsection (a), the 
        Secretary, in consultation with the National Centers of 
        Excellence designated under this section, shall submit a report 
        to the Congress on the role of the Food and Drug Administration 
        in supporting advanced and continuous pharmaceutical 
        manufacturing, including--
                    ``(A) a national framework of principles related to 
                the implementation of advanced and continuous 
                pharmaceutical manufacturing;
                    ``(B) a plan for the development of Federal 
                regulations and guidance to support and facilitate the 
                incorporation of advanced or continuous manufacturing 
                into the development of pharmaceuticals;
                    ``(C) a plan for development of Federal regulations 
                or guidance related to the review of advanced and 
                continuous pharmaceutical manufacturing, including how 
                such

[[Page 136 STAT. 5819]]

                manufacturing practices may be incorporated into the 
                review of medical product applications; and
                    ``(D) <<NOTE: Summary.>> a summary of relevant 
                feedback related to improving advanced and continuous 
                pharmaceutical manufacturing solicited from the public, 
                which may include other institutions of higher 
                education, nonprofit organizations, and large and small 
                pharmaceutical manufacturers, including generic and 
                nonprescription manufacturers, and contract 
                manufacturers, and other relevant entities.

    ``(h) Definitions.--In this section:
            ``(1) Advanced and continuous pharmaceutical 
        manufacturing.--The term `advanced and continuous pharmaceutical 
        manufacturing' refers to a method of pharmaceutical 
        manufacturing, or a combination of pharmaceutical manufacturing 
        methods--
                    ``(A) that incorporates a novel technology, or uses 
                an established technique or technology in a new or 
                innovative way, that enhances drug quality or improves 
                the manufacturing process for a drug, including 
                processes that may apply to advanced therapies and the 
                production of biological products, such as cell and gene 
                therapies; or
                    ``(B) for which the input materials are continuously 
                fed into and transformed within the process, and the 
                output materials are continuously removed from the 
                system, utilizing an integrated manufacturing process 
                that consists of a series of 2 or more simultaneous unit 
                operations.
            ``(2) Biological product.--The term `biological product' has 
        the meaning given such term in section 351(i) of the Public 
        Health Service Act (42 U.S.C. 262(i)).
            ``(3) Drug.--The term `drug' has the meaning given such term 
        in section 201(g) of the Federal Food, Drug, and Cosmetic Act 
        (21 U.S.C. 321(g)).
            ``(4) Institution of higher education.--The term 
        `institution of higher education' has the meaning given such 
        term in section 101(a) of the Higher Education Act of 1965 (20 
        U.S.C. 1001(a)).
            ``(5) Secretary.--The term `Secretary' means the Secretary 
        of Health and Human Services.

    ``(i) Authorization of Appropriations.--
            ``(1)  <<NOTE: Time periods.>> In general.--There is 
        authorized to be appropriated to carry out this section 
        $100,000,000 for the period of fiscal years 2023 through 2027.
            ``(2) Federal administrative expenses.--Of the amounts made 
        available to carry out this section for a fiscal year, the 
        Secretary shall not use more than 8 percent for Federal 
        administrative expenses, including training, technical 
        assistance, reporting, and evaluation.''.

    (b)  <<NOTE: Applicability. 21 USC 399h note.>> Transition Rule.--
Section 3016 of the 21st Century Cures Act (21 U.S.C. 399h), as in 
effect on the day before the date of the enactment of this section, 
shall apply with respect to grants awarded under such section before 
such date of enactment.

[[Page 136 STAT. 5820]]

    (c) Clerical Amendment.--The item relating to section 3016 in the 
table of contents in section 1(b) of the 21st Century Cures Act (Public 
Law 114-255) <<NOTE: 130 Stat. 1034.>> is amended to read as follows:

``Sec. 3016. National Centers of Excellence in Advanced and Continuous 
           Pharmaceutical Manufacturing.''.

SEC. 3205. <<NOTE: Deadline.>>  PUBLIC WORKSHOP ON CELL THERAPIES.

    Not later than 3 years after the date of the enactment of this Act, 
the Secretary, acting through the Commissioner of Food and Drugs, shall 
convene a public workshop with relevant stakeholders to discuss best 
practices on generating scientific data necessary to further facilitate 
the development of certain human cell-, tissue-, and cellular-based 
medical products (and the latest scientific information about such 
products) that are regulated as drugs under the Federal Food, Drug, and 
Cosmetic Act (21 U.S.C. 301 et seq.) and biological products under 
section 351 of the Public Health Service Act (42 U.S.C. 262), namely, 
stem cell and other cellular therapies.
SEC. 3206. CLARIFICATIONS TO EXCLUSIVITY PROVISIONS FOR FIRST 
                          INTERCHANGEABLE BIOSIMILAR BIOLOGICAL 
                          PRODUCTS.

    Section 351(k)(6) of the Public Health Service Act (42 U.S.C. 
262(k)(6)) is amended--
            (1) in the matter preceding subparagraph (A)--
                    (A) by striking ``Upon review of'' and inserting 
                ``The Secretary shall not make approval as an 
                interchangeable biological product effective with 
                respect to'';
                    (B) by striking ``relying on'' and inserting ``that 
                relies on''; and
                    (C) by striking ``the Secretary shall not make a 
                determination under paragraph (4) that the second or 
                subsequent biological product is interchangeable for any 
                condition of use''; and
            (2) in the flush text that follows subparagraph (C)(ii), by 
        striking ``taken.'' and inserting ``taken, and the term `first 
        interchangeable biosimilar biological product' means any 
        interchangeable biosimilar biological product that is approved 
        on the first day on which such a product is approved as 
        interchangeable with the reference product.''.
SEC. 3207. GAO REPORT ON NONPROFIT PHARMACEUTICAL ORGANIZATIONS.

    (a) GAO Review.--The Comptroller General of the United States 
(referred to in this section as the ``Comptroller General'') shall 
prepare a report on--
            (1) what is known about nonprofit pharmaceutical 
        manufacturing organizations, including the impact of such 
        organizations on the development, availability, and cost of 
        prescription drugs in the United States, which may include 
        information with respect to the capacity and capability to help 
        prevent or mitigate shortages of such drugs, and any challenges 
        to manufacturing or other operations; and
            (2) <<NOTE: Recommenda- tions.>> recommendations to address 
        such challenges.

    (b) Report.--Not later than 2 years after the date of enactment of 
this Act, the Comptroller General shall submit the report described in 
subsection (a) to the Committee on Health, Education,

[[Page 136 STAT. 5821]]

Labor, and Pensions of the Senate and the Committee on Energy and 
Commerce of the House of Representatives.
SEC. 3208. <<NOTE: 21 USC 360aa note.>>  RARE DISEASE ENDPOINT 
                          ADVANCEMENT PILOT PROGRAM.

    (a)  <<NOTE: Procedures.>> In General.--The Secretary shall 
establish a pilot program under which the Secretary establishes 
procedures to provide increased interaction with sponsors of rare 
disease drug development programs for purposes of advancing the 
development of efficacy endpoints, including surrogate and intermediate 
endpoints, for drugs intended to treat rare diseases, including 
through--
            (1) determining eligibility of participants for such 
        program; and
            (2) <<NOTE: Process.>> developing and implementing a process 
        for applying to, and participating in, such a program.

    (b)  <<NOTE: Deadline.>> Public Workshops.--The Secretary shall 
conduct up to 3 public workshops, which shall be completed not later 
than September 30, 2026, to discuss topics relevant to the development 
of endpoints for rare diseases, which may include discussions about--
            (1) novel endpoints developed through the pilot program 
        established under this section; and
            (2) as appropriate, the use of real world evidence and real 
        world data to support the validation of efficacy endpoints, 
        including surrogate and intermediate endpoints, for rare 
        diseases.

    (c) Reports.--
            (1) Interim report.--Not later than September 30, 2026, the 
        Secretary shall submit to the Committee on Health, Education, 
        Labor, and Pensions of the Senate and the Committee on Energy 
        and Commerce of the House of Representatives a report describing 
        the completed and ongoing activities in the pilot program 
        established under this section and public workshops described in 
        subsection (b).
            (2) Final report.--Not later than September 30, 2027, the 
        Secretary shall submit to the Committee on Health, Education, 
        Labor, and Pensions of the Senate and the Committee on Energy 
        and Commerce of the House of Representatives a report describing 
        the outcomes of the pilot program established under this 
        section.

    (d)  <<NOTE: Deadline.>> Guidance.--Not later than September 30, 
2027, the Secretary shall issue guidance describing best practices and 
strategies for development of efficacy endpoints, including surrogate 
and intermediate endpoints, for rare diseases.

    (e) Sunset.--The Secretary may not accept any new application or 
request to participate in the program established by this section on or 
after October 1, 2027.
SEC. 3209. ANIMAL TESTING ALTERNATIVES.

    (a) In General.--Section 505 of the Federal Food, Drug, and Cosmetic 
Act (21 U.S.C. 355) is amended--
            (1) in subsection (i)--
                    (A) in paragraph (1)(A), by striking ``preclinical 
                tests (including tests on animals)'' and inserting 
                ``nonclinical tests''; and
                    (B) in paragraph (2)(B), by striking ``animal'' and 
                inserting ``nonclinical tests''; and
            (2) by inserting after subsection (y) the following:

[[Page 136 STAT. 5822]]

    ``(z) Nonclinical Test Defined.--For purposes of this section, the 
term `nonclinical test' means a test conducted in vitro, in silico, or 
in chemico, or a nonhuman in vivo test, that occurs before or during the 
clinical trial phase of the investigation of the safety and 
effectiveness of a drug. Such test may include the following:
            ``(1) Cell-based assays.
            ``(2) Organ chips and microphysiological systems.
            ``(3) Computer modeling.
            ``(4) Other nonhuman or human biology-based test methods, 
        such as bioprinting.
            ``(5) Animal tests.''.

    (b) Biosimilar Biological Product Applications.--Item (bb) of 
section 351(k)(2)(A)(i)(I) of the Public Health Service Act (42 U.S.C. 
262(k)(2)(A)(i)(I)) is amended to read as follows:
                                            ``(bb) an assessment of 
                                        toxicity (which may rely on, or 
                                        consist of, a study or studies 
                                        described in item (aa) or (cc)); 
                                        and''.
SEC. 3210. MODERNIZING ACCELERATED APPROVAL.

    (a) In General.--Section 506(c) of the Federal Food, Drug, and 
Cosmetic Act (21 U.S.C. 356(c)) is amended--
            (1) in paragraph (2)--
                    (A) by redesignating subparagraphs (A) and (B) as 
                clauses (i) and (ii), respectively, and adjusting the 
                margins accordingly;
                    (B) by striking ``Approval of a product'' and 
                inserting the following:
                    ``(A) In general.--Approval of a product'';
                    (C) in clause (i) of such subparagraph (A), as so 
                redesignated, by striking ``appropriate postapproval 
                studies'' and inserting ``an appropriate postapproval 
                study or studies''; and
                    (D) by adding at the end the following:
                    ``(B)  <<NOTE: Web posting.>> Studies not 
                required.--If the Secretary does not require that the 
                sponsor of a product approved under accelerated approval 
                conduct a postapproval study under this paragraph, the 
                Secretary shall publish on the website of the Food and 
                Drug Administration the rationale for why such study is 
                not appropriate or necessary.
                    ``(C)  <<NOTE: Deadline.>> Postapproval study 
                conditions.--Not later than the date of approval of a 
                product under accelerated approval, the Secretary shall 
                specify the conditions for a postapproval study or 
                studies required to be conducted under this paragraph 
                with respect to such product, which may include 
                enrollment targets, the study protocol, and milestones, 
                including the target date of study completion.
                    ``(D) Studies begun before approval.--The Secretary 
                may require, as appropriate, a study or studies to be 
                underway prior to approval, or within a specified time 
                period after the date of approval, of the applicable 
                product.''; and
            (2) in paragraph (3)--
                    (A) in the matter preceding subparagraph (A), by 
                striking ``(as prescribed by the Secretary in 
                regulations which shall include an opportunity for an 
                informal hearing)'' and inserting ``described in 
                subparagraph (B)'';

[[Page 136 STAT. 5823]]

                    (B) by redesignating subparagraphs (A) through (D) 
                as clauses (i) through (iv), respectively and adjusting 
                the margins accordingly;
                    (C) by striking ``The Secretary may'' and inserting 
                the following:
                    ``(A) In general.--The Secretary may'';
                    (D) in clause (i) of such subparagraph (A), as so 
                redesignated, by striking ``drug with due diligence'' 
                and inserting ``product with due diligence, including 
                with respect to conditions specified by the Secretary 
                under paragraph (2)(C)'';
                    (E) in clause (iii) of such subparagraph (A), as so 
                redesignated, by inserting ``shown to be'' after 
                ``product is not''; and
                    (F) by adding at the end the following:
                    ``(B) Expedited procedures described.--Expedited 
                procedures described in this subparagraph shall consist 
                of, prior to the withdrawal of accelerated approval--
                          ``(i) providing the sponsor with--
                                    ``(I) <<NOTE: Notice.>>  due notice;
                                    ``(II) an explanation for the 
                                proposed withdrawal;
                                    ``(III) an opportunity for a meeting 
                                with the Commissioner or the 
                                Commissioner's designee; and
                                    ``(IV) <<NOTE: Appeal.>> an 
                                opportunity for written appeal to--
                                            ``(aa) the Commissioner; or
                                            ``(bb) a designee of the 
                                        Commissioner who has not 
                                        participated in the proposed 
                                        withdrawal of approval (other 
                                        than a meeting pursuant to 
                                        subclause (III)) and is not 
                                        subordinate of an individual 
                                        (other than the Commissioner) 
                                        who participated in such 
                                        proposed withdrawal;
                          ``(ii) <<NOTE: Public comment.>> providing an 
                      opportunity for public comment on the proposal to 
                      withdraw approval;
                          ``(iii) <<NOTE: Summary. Web posting.>>  the 
                      publication of a summary of the public comments 
                      received, and the Secretary's response to such 
                      comments, on the website of the Food and Drug 
                      Administration; and
                          ``(iv) <<NOTE: Consultation.>> convening and 
                      consulting an advisory committee on issues related 
                      to the proposed withdrawal, if requested by the 
                      sponsor and if no such advisory committee has 
                      previously advised the Secretary on such issues 
                      with respect to the withdrawal of the product 
                      prior to the sponsor's request.''.

    (b) Reports of Postmarketing Studies.--Section 506B(a) of the 
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 356b(a)) is amended--
            (1) by redesignating paragraph (2) as paragraph (3); and
            (2) by inserting after paragraph (1) the following:
            ``(2) Accelerated approval.--Notwithstanding paragraph (1), 
        a sponsor of a drug approved pursuant to accelerated approval 
        shall submit to the Secretary a report of the progress of any 
        study required under section 506(c), including progress toward 
        enrollment targets, milestones, and other information as 
        required by the Secretary, not later than 180 days after the 
        approval of such drug and not less frequently than every 180 
        days thereafter, until the study is completed or terminated.

[[Page 136 STAT. 5824]]

        The Secretary <<NOTE: Web posting.>> shall promptly publish on 
        the website of the Food and Drug Administration, in an easily 
        searchable format, the information reported under this 
        paragraph.''.

    (c) Enforcement.--Section 301 of the Federal Food, Drug, and 
Cosmetic Act (21 U.S.C. 331), as amended by title II, is further amended 
by adding at the end the following:
    ``(ggg) The failure of a sponsor of a product approved under 
accelerated approval pursuant to section 506(c)--
            ``(1) to conduct with due diligence any postapproval study 
        required under section 506(c) with respect to such product; or
            ``(2) to submit timely reports with respect to such product 
        in accordance with section 506B(a)(2).''.

    (d)  <<NOTE: 21 USC 356 note.>> Guidance.--
            (1) In general.--The Secretary shall issue guidance 
        describing--
                    (A) how sponsor questions related to the 
                identification of novel surrogate or intermediate 
                clinical endpoints may be addressed in early-stage 
                development meetings with the Food and Drug 
                Administration;
                    (B) the use of novel clinical trial designs that may 
                be used to conduct appropriate postapproval studies as 
                may be required under section 506(c)(2)(A) of the 
                Federal Food, Drug, and Cosmetic Act (21 U.S.C. 
                356(c)(2)(A)), as amended by subsection (a);
                    (C) the expedited procedures described in section 
                506(c)(3)(B) of the Federal Food, Drug, and Cosmetic Act 
                (21 U.S.C. 356(c)(3)(B)); and
                    (D) considerations related to the use of surrogate 
                or intermediate clinical endpoints that may support the 
                accelerated approval of an application under 
                506(c)(1)(A) of such Act (21 U.S.C. 356(c)(1)(A)), 
                including considerations in evaluating the evidence 
                related to any such endpoints.
            (2)  <<NOTE: Deadlines.>> Final guidance.--The Secretary 
        shall issue--
                    (A) draft guidance under paragraph (1) not later 
                than 18 months after the date of enactment of this Act; 
                and
                    (B) final guidance not later than 1 year after the 
                close of the public comment period on such draft 
                guidance.

    (e)  <<NOTE: 21 USC 356-2.>> Accelerated Approval Council.--
            (1)  <<NOTE: Deadline. Establishment.>> In general.--Not 
        later than 1 year after the date of enactment of this Act, the 
        Secretary shall establish an intra-agency coordinating council 
        (referred to in this subsection as the ``Council'') within the 
        Food and Drug Administration to ensure the consistent and 
        appropriate use of accelerated approval across the Food and Drug 
        Administration, pursuant to section 506(c) of the Federal Food, 
        Drug, and Cosmetic Act (21 U.S.C. 356(c)).
            (2) Membership.--The members of the Council shall consist of 
        the following senior officials, or a designee of such official, 
        from the Food and Drug Administration and relevant Centers:
                    (A) The Director of the Center for Drug Evaluation 
                and Research.
                    (B) The Director of the Center for Biologics 
                Evaluation and Research.
                    (C) The Director of the Oncology Center of 
                Excellence.
                    (D) The Director of the Office of New Drugs.

[[Page 136 STAT. 5825]]

                    (E) The Director of the Office of Orphan Products 
                Development.
                    (F) The Director of the Office of Tissues and 
                Advanced Therapies.
                    (G) The Director of the Office of Medical Policy.
                    (H) At least 3 directors of review divisions or 
                offices overseeing products approved under accelerated 
                approval, including at least one director within the 
                Office of Neuroscience.
            (3) Duties of the council.--
                    (A) Meetings.--The Council shall convene not fewer 
                than 3 times per calendar year to discuss issues related 
                to accelerated approval, including any relevant cross-
                disciplinary approaches related to product review with 
                respect to accelerated approval.
                    (B) Policy development.--The Council shall directly 
                engage with product review teams to support the 
                consistent and appropriate use of accelerated approval 
                across the Food and Drug Administration. Such engagement 
                may include--
                          (i) developing guidance for Food and Drug 
                      Administration staff and best practices for, and 
                      across, product review teams, including with 
                      respect to communication between sponsors and the 
                      Food and Drug Administration and the review of 
                      products under accelerated approval;
                          (ii) providing training for product review 
                      teams; and
                          (iii) advising review divisions on best 
                      practices with respect to product-specific 
                      development, review, and withdrawal of products 
                      under accelerated approval.
            (4)  <<NOTE: Public information. Web posting.>> Publication 
        of a report.--Not later than 1 year after the date of enactment 
        of this Act, and annually thereafter, the Council shall publish 
        on the public website of the Food and Drug Administration a 
        report on the activities of the Council.

    (f)  <<NOTE: 21 USC 356 note.>> Rule of Construction.--Nothing in 
this section (including the amendments made by this section) shall be 
construed to affect ongoing withdrawal proceedings for products approved 
pursuant to section 506(c) of the Federal Food, Drug, and Cosmetic Act 
(21 U.S.C. 356(c)) for which a notice of proposed withdrawal has been 
published in the Federal Register prior to the date of enactment of this 
Act. Such proceedings may continue under procedures in effect prior to 
the date of enactment of this Act.
SEC. 3211. <<NOTE: Deadlines. 21 USC 355 note.>> ANTIFUNGAL 
                          RESEARCH AND DEVELOPMENT.

    (a) Draft Guidance.--Not later than 3 years after the date of 
enactment of this Act, the Secretary, acting through the Commissioner of 
Food and Drugs, shall issue draft guidance for industry for the purposes 
of assisting entities seeking approval under section 505 of the Federal 
Food, Drug, and Cosmetic Act (21 U.S.C. 355) or licensure under section 
351 of the Public Health Service Act (42 U.S.C. 262) of antifungal 
therapies designed to treat coccidioidomycosis (commonly known as Valley 
Fever).
    (b) Final Guidance.--Not later than 18 months after the close of the 
public comment period on the draft guidance issued pursuant

[[Page 136 STAT. 5826]]

to subsection (a), the Secretary, acting through the Commissioner of 
Food and Drugs, shall finalize the draft guidance.
    (c) Workshop.--To assist entities developing preventive vaccines for 
fungal infections and coccidioidomycosis, the Secretary shall hold a 
public workshop.
SEC. 3212. ADVANCING QUALIFIED INFECTIOUS DISEASE PRODUCT 
                          INNOVATION.

    (a) In General.--Section 505E of the Federal Food, Drug, and 
Cosmetic Act (21 U.S.C. 355f) is amended--
            (1) in subsection (c)--
                    (A) in paragraph (2), by striking ``; or'' and 
                inserting ``;'';
                    (B) in paragraph (3), by striking the period and 
                inserting ``; or''; and
                    (C) by adding at the end the following:
            ``(4) an application pursuant to section 351(a) of the 
        Public Health Service Act.'';
            (2) in subsection (d)(1), by inserting ``of this Act or 
        section 351(a) of the Public Health Service Act'' after 
        ``section 505(b)''; and
            (3) by amending subsection (g) to read as follows:

    ``(g)  <<NOTE: Definition.>> Qualified Infectious Disease Product.--
The term `qualified infectious disease product' means a drug (including 
a biological product), including an antibacterial or antifungal drug, 
for human use that--
            ``(1) acts on bacteria or fungi or on substances produced by 
        such bacteria or fungi; and
            ``(2) is intended to treat a serious or life-threatening 
        infection, including such an infection caused by--
                    ``(A) an antibacterial or antifungal resistant 
                pathogen, including novel or emerging infectious 
                pathogens; or
                    ``(B) qualifying pathogens listed by the Secretary 
                under subsection (f).''.

    (b) Priority Review.--Section 524A(a) of the Federal Food, Drug, and 
Cosmetic Act (21 U.S.C. 360n-1(a)) is amended by inserting ``of this 
Act, or section 351(a) of the Public Health Service Act, that requires 
clinical data (other than bioavailability studies) to demonstrate safety 
or effectiveness'' before the period.
SEC. 3213. ADVANCED MANUFACTURING TECHNOLOGIES DESIGNATION 
                          PROGRAM.

    Subchapter A of chapter V of the Federal Food, Drug, and Cosmetic 
Act (21 U.S.C. 351 et seq.), as amended by title II, is further amended 
by inserting after section 506K the following:
``SEC. 506L. <<NOTE: 21 USC 356l.>> ADVANCED MANUFACTURING 
                          TECHNOLOGIES DESIGNATION PROGRAM.

    ``(a)  <<NOTE: Deadline.>> In General.--Not later than 1 year after 
the date of enactment of this section, the Secretary shall initiate a 
program under which persons may request designation of an advanced 
manufacturing technology as described in subsection (b).

[[Page 136 STAT. 5827]]

    ``(b) Designation Process.--The Secretary shall establish a process 
for the designation under this section of methods of manufacturing 
drugs, including biological products, and active pharmaceutical 
ingredients of such drugs, as advanced manufacturing technologies. A 
method of manufacturing, or a combination of manufacturing methods, is 
eligible for designation as an advanced manufacturing technology if such 
method or combination of methods incorporates a novel technology, or 
uses an established technique or technology in a novel way, that will 
substantially improve the manufacturing process for a drug while 
maintaining equivalent, or providing superior, drug quality, including 
by--
            ``(1) reducing development time for a drug using the 
        designated manufacturing method; or
            ``(2) increasing or maintaining the supply of--
                    ``(A) a drug that is life-supporting, life-
                sustaining, or of critical importance to providing 
                health care; or
                    ``(B) a drug that is on the drug shortage list under 
                section 506E.

    ``(c) Evaluation and Designation of an Advanced Manufacturing 
Technology.--
            ``(1)  <<NOTE: Data.>> Submission.--A person who requests 
        designation of a method of manufacturing as an advanced 
        manufacturing technology under this section shall submit to the 
        Secretary data or information demonstrating that the method of 
        manufacturing meets the criteria described in subsection (b) in 
        a particular context of use. The Secretary may facilitate the 
        development and review of such data or information by--
                    ``(A) providing timely advice to, and interactive 
                communication with, such person regarding the 
                development of the method of manufacturing; and
                    ``(B) involving senior managers and experienced 
                staff of the Food and Drug Administration, as 
                appropriate, in a collaborative, cross-disciplinary 
                review of the method of manufacturing, as applicable.
            ``(2)  <<NOTE: Deadline. Determination.>> Evaluation and 
        designation.--Not later than 180 calendar days after the receipt 
        of a request under paragraph (1), the Secretary shall determine 
        whether to designate such method of manufacturing as an advanced 
        manufacturing technology, in a particular context of use, based 
        on the data and information submitted under paragraph (1) and 
        the criteria described in subsection (b).

    ``(d) Review of Advanced Manufacturing Technologies.--If the 
Secretary designates a method of manufacturing as an advanced 
manufacturing technology, the Secretary shall--
            ``(1) expedite the development and review of an application 
        submitted under section 505 of this Act or section 351 of the 
        Public Health Service Act, including supplemental applications, 
        for drugs that are manufactured using a designated advanced 
        manufacturing technology; and
            ``(2) allow the holder of an advanced technology 
        designation, or a person authorized by the advanced 
        manufacturing technology designation holder, to reference or 
        rely upon, in an application submitted under section 505 of this 
        Act or section 351 of the Public Health Service Act, including a 
        supplemental application, data and information about the 
        designated advanced manufacturing technology for use in 
        manufacturing

[[Page 136 STAT. 5828]]

        drugs in the same context of use for which the designation was 
        granted.

    ``(e) Implementation and Evaluation of Advanced Manufacturing 
Technologies Program.--
            ``(1)  <<NOTE: Federal Register, 
        publication. Notice. Deadline. Recommenda- tions.>> Public 
        meeting.--The Secretary shall publish in the Federal Register a 
        notice of a public meeting, to be held not later than 180 days 
        after the date of enactment of this section, to discuss, and 
        obtain input and recommendations from relevant stakeholders 
        regarding--
                    ``(A) the goals and scope of the program under this 
                section, and the framework, procedures, and requirements 
                suitable for such program; and
                    ``(B) ways in which the Food and Drug Administration 
                will support the use of advanced manufacturing 
                technologies and other innovative manufacturing 
                approaches for drugs.
            ``(2) Program guidance.--
                    ``(A)  <<NOTE: Deadlines.>> In general.--The 
                Secretary shall--
                          ``(i) not later than 180 days after the public 
                      meeting under paragraph (1), issue draft guidance 
                      regarding the goals and implementation of the 
                      program under this section; and
                          ``(ii) not later than 2 years after the date 
                      of enactment of this section, issue final guidance 
                      regarding the implementation of such program.
                    ``(B) Content.--The guidance described in 
                subparagraph (A) shall address--
                          ``(i) the process by which a person may 
                      request a designation under subsection (b);
                          ``(ii) the data and information that a person 
                      requesting such a designation is required to 
                      submit under subsection (c), and how the Secretary 
                      intends to evaluate such submissions;
                          ``(iii) the process to expedite the 
                      development and review of applications under 
                      subsection (d); and
                          ``(iv) the criteria described in subsection 
                      (b) for eligibility for such a designation.
            ``(3)  <<NOTE: Web posting. Evaluations.>> Report.--Not 
        later than 3 years after the date of enactment of this section 
        and annually thereafter, the Secretary shall publish on the 
        website of the Food and Drug Administration and submit to the 
        Committee on Health, Education, Labor, and Pensions of the 
        Senate and the Committee on Energy and Commerce of the House of 
        Representatives a report containing a description and evaluation 
        of the program being conducted under this section, including the 
        types of innovative manufacturing approaches supported under the 
        program. Such report shall include the following:
                    ``(A) The number of persons that have requested 
                designations and that have been granted designations.
                    ``(B) The number of methods of manufacturing that 
                have been the subject of designation requests and that 
                have been granted designations.
                    ``(C) The average number of calendar days for 
                completion of evaluations under subsection (c)(2).
                    ``(D) <<NOTE: Analysis.>> An analysis of the factors 
                in data submissions that result in determinations to 
                designate and not to designate after evaluation under 
                subsection (c)(2).

[[Page 136 STAT. 5829]]

                    ``(E) The number of applications received under 
                section 505 of this Act or section 351 of the Public 
                Health Service Act, including supplemental applications, 
                that have included an advanced manufacturing technology 
                designated under this section, and the number of such 
                applications approved.

    ``(f) Sunset.--The Secretary--
            ``(1) may not consider any requests for designation 
        submitted under subsection (c) after October 1, 2032; and
            ``(2) may continue all activities under this section with 
        respect to advanced manufacturing technologies that were 
        designated pursuant to subsection (b) prior to such date, if the 
        Secretary determines such activities are in the interest of the 
        public health.''.

 CHAPTER 2--TRANSPARENCY, PROGRAM INTEGRITY, AND REGULATORY IMPROVEMENTS

SEC. 3221. SAFER DISPOSAL OF OPIOIDS.

    Section 505-1(e)(4)(B) of the Federal Food, Drug, and Cosmetic Act 
(21 U.S.C. 355-1(e)(4)(B)) is amended by striking ``for purposes of 
rendering drugs nonretrievable (as defined in section 1300.05 of title 
21, Code of Federal Regulations (or any successor regulation))''.
SEC. 3222. THERAPEUTIC EQUIVALENCE EVALUATIONS.

    Section 505(j)(7)(A) of the Federal Food, Drug, and Cosmetic Act (21 
U.S.C. 355(j)(7)(A)) is amended by adding at the end the following:
    ``(v)(I) <<NOTE: Deadlines. Data.>> With respect to an application 
submitted pursuant to subsection (b)(2) for a drug that is subject to 
section 503(b) for which the sole difference from a listed drug relied 
upon in the application is a difference in inactive ingredients not 
permitted under clause (iii) or (iv) of section 314.94(a)(9) of title 
21, Code of Federal Regulations (or any successor regulations), the 
Secretary shall make an evaluation with respect to whether such drug is 
a therapeutic equivalent (as defined in section 314.3 of title 21, Code 
of Federal Regulations (or any successor regulations)) to another 
approved drug product in the prescription drug product section of the 
list under this paragraph as follows:
            ``(aa) With respect to such an application submitted after 
        the date of enactment of the Food and Drug Omnibus Reform Act of 
        2022, the evaluation shall be made with respect to a listed drug 
        relied upon in the application pursuant to subsection (b)(2) 
        that is a pharmaceutical equivalent (as defined in section 314.3 
        of title 21, Code of Federal Regulations (or any successor 
        regulations)) to the drug in the application pursuant to 
        subsection (b)(2) at the time of approval of such application or 
        not later than 180 days after the date of such approval, 
        provided that the request for such an evaluation is made in the 
        original application (or in a resubmission to a complete 
        response letter), and all necessary data and information are 
        submitted in the original application (or in a resubmission in 
        response to a complete response letter) for the therapeutic 
        equivalence evaluation, including information to demonstrate 
        bioequivalence, in a form and manner prescribed by the 
        Secretary.

[[Page 136 STAT. 5830]]

            ``(bb) With respect to such an application approved prior to 
        or on the date of enactment of the Food and Drug Omnibus Reform 
        Act of 2022, the evaluation shall be made not later than 180 
        days after receipt of a request for a therapeutic equivalence 
        evaluation submitted as part of a supplement to such 
        application; or with respect to an application that was 
        submitted prior to the date of enactment of the Food and Drug 
        Omnibus Reform Act of 2022 but not approved as of the date of 
        enactment of such Act, the evaluation shall be made not later 
        than 180 days after the date of approval of such application if 
        a request for such evaluation is submitted as an amendment to 
        the application, provided that--
                    ``(AA) such request for a therapeutic equivalence 
                evaluation is being sought with respect to a listed drug 
                relied upon in the application, and the relied upon 
                listed drug is in the prescription drug product section 
                of the list under this paragraph and is a pharmaceutical 
                equivalent (as defined in section 314.3 of title 21, 
                Code of Federal Regulations (or any successor 
                regulations)) to the drug for which a therapeutic 
                equivalence evaluation is sought; and
                    ``(BB) the amendment or supplement, as applicable, 
                containing such request, or the relevant application, 
                includes all necessary data and information for the 
                therapeutic equivalence evaluation, including 
                information to demonstrate bioequivalence, in a form and 
                manner prescribed by the Secretary.

    ``(II) <<NOTE: Revisions.>> When the Secretary makes an evaluation 
under subclause (I), the Secretary shall, in revisions made to the list 
pursuant to clause (ii), include such information for such drug.''.
SEC. 3223. PUBLIC DOCKET ON PROPOSED CHANGES TO THIRD-PARTY 
                          VENDORS.

    (a) In General.--
            (1)  <<NOTE: Deadline. Public comment.>> Opening public 
        docket.--Not later than 90 days after the date of enactment of 
        this Act, the Secretary shall open a single public docket to 
        solicit comments on factors that generally should be considered 
        by the Secretary when reviewing requests from sponsors of drugs 
        subject to risk evaluation and mitigation strategies to change 
        third-party vendors engaged by sponsors to aid in implementation 
        and management of the strategies.
            (2) Factors.--Such factors include the potential effects of 
        changes in third-party vendors on--
                    (A) patient access; and
                    (B) prescribing and administration of the drugs by 
                health care providers.
            (3)  <<NOTE: Deadline.>> Closing public docket.--The 
        Secretary may close such public docket not earlier than 90 days 
        after such docket is opened.
            (4) No delay.--Nothing in this section shall delay agency 
        action on any modification to a risk evaluation and mitigation 
        strategy.

    (b) GAO Report.--Not later than December 31, 2026, the Comptroller 
General of the United States shall submit to the Committee on Energy and 
Commerce of the House of Representatives

[[Page 136 STAT. 5831]]

and the Committee on Health, Education, Labor, and Pensions of the 
Senate a report on--
            (1) the number of changes in third-party vendors (engaged by 
        sponsors to aid implementation and management of risk evaluation 
        and mitigation strategies) for an approved risk evaluation and 
        mitigation strategy the Secretary has approved under section 
        505-1(h) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 
        355-1(h));
            (2) any issues affecting patient access to the drug that is 
        subject to the strategy or considerations with respect to the 
        administration or prescribing of such drug by health care 
        providers that arose as a result of such changes; and
            (3) how such issues were resolved, as applicable.
SEC. 3224. <<NOTE: Revisions. Labeling. Deadlines.>> ENHANCING 
                          ACCESS TO AFFORDABLE MEDICINES.

     Section 505(j)(10)(A) of the Federal Food, Drug, and Cosmetic Act 
(21 U.S.C. 355(j)(10)(A)) is amended by striking clauses (i) through 
(iii) and inserting the following:
            ``(i) a revision to the labeling of the listed drug has been 
        approved by the Secretary within 90 days of when the application 
        is otherwise eligible for approval under this subsection;
            ``(ii) the sponsor of the application agrees to submit 
        revised labeling for the drug that is the subject of the 
        application not later than 60 days after approval under this 
        subsection of the application;
            ``(iii) the labeling revision described under clause (i) 
        does not include a change to the `Warnings' section of the 
        labeling; and''.

                       Subtitle C--Medical Devices

SEC. 3301. DUAL SUBMISSION FOR CERTAIN DEVICES.

    Section 513 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 
360c) is amended by adding at the end the following:
    ``(k) For a device authorized for emergency use under section 564 
for which, in accordance with section 564(m), the Secretary has deemed a 
laboratory examination or procedure associated with such device to be in 
the category of examinations and procedures described in section 
353(d)(3) of the Public Health Service Act, the sponsor of such device 
may, when submitting a request for classification under section 
513(f)(2), submit a single submission containing--
            ``(1) the information needed for such a request; and
            ``(2) <<NOTE: Determination.>> sufficient information to 
        enable the Secretary to determine whether such laboratory 
        examination or procedure satisfies the criteria to be 
        categorized under section 353(d)(3) of the Public Health Service 
        Act.''.
SEC. 3302. MEDICAL DEVICES ADVISORY COMMITTEE MEETINGS.

    (a)  <<NOTE: Establishment. Time period.>> In General.--The 
Secretary shall convene one or more panels of the Medical Devices 
Advisory Committee not less than once per year for the purpose of 
providing advice to the Secretary on topics related to medical devices 
used in pandemic preparedness and response, including topics related to 
in vitro diagnostics.

    (b) Required Panel Member.--A panel convened under subsection (a) 
shall include at least 1 population health-specific representative.

[[Page 136 STAT. 5832]]

    (c) Sunset.--This section shall cease to be effective on October 1, 
2027.
SEC. 3303. GAO REPORT ON THIRD-PARTY REVIEW.

    Not later than September 30, 2026, the Comptroller General of the 
United States shall submit to the Committee on Energy and Commerce of 
the House of Representatives and the Committee on Health, Education, 
Labor, and Pensions of the Senate a report on the third-party review 
program under section 523 of the Federal Food, Drug, and Cosmetic Act 
(21 U.S.C. 360m). Such report shall include--
            (1) a description of the financial and staffing resources 
        used to carry out such program;
            (2) a description of actions taken by the Secretary pursuant 
        section 523(b)(2)(C) of the Federal Food, Drug, and Cosmetic Act 
        (21 U.S.C. 360m(b)(2)(C)); and
            (3) <<NOTE: Audit.>> the results of an audit of the 
        performance of select persons accredited under such program.
SEC. 3304. CERTIFICATES TO FOREIGN GOVERNMENTS.

    Section 801(e)(4) of the Federal Food, Drug, and Cosmetic Act (21 
U.S.C. 381(e)(4)) is amended--
            (1) in subparagraph (E), by striking clause (iii); and
            (2) by adding at the end the following:

    ``(F)(i) <<NOTE: Applicability.>>  This paragraph applies to 
requests for certification under this subparagraph of a device 
manufactured by a device establishment located outside of the United 
States that is registered under section 510, if the device is listed 
pursuant to section 510(j), the device has been cleared, approved, or is 
not required to submit a premarket report pursuant to subsection (l) or 
(m) of section 510, and the device is imported or offered for import 
into the United States.

    ``(ii) The Secretary shall issue the certification as described in 
clause (iii) if the device or devices for which certification is 
requested under this subparagraph meet the applicable requirements of 
this Act.
    ``(iii)(I) <<NOTE: Fees.>> A certification for a device described in 
clause (i) shall be subject to the fee described in subparagraph (B).

    ``(II) Notwithstanding subparagraph (C), a certification for a 
device described in clause (i) shall address and include the same 
material information as a `Certificate to Foreign Government' and shall 
have a document title including the words `Certificate to Foreign 
Government'.
    ``(iv) <<NOTE: Applicability.>> The requirements and procedures of 
subparagraph (E) shall apply to a denial of a certification under this 
subparagraph.''.
SEC. 3305. ENSURING CYBERSECURITY OF MEDICAL DEVICES.

    (a) In General.--Subchapter A of chapter V of the Federal Food, 
Drug, and Cosmetic Act (21 U.S.C. 351 et seq.) is amended by adding at 
the end the following:
``SEC. 524B. <<NOTE: 21 USC 360n-2.>> ENSURING CYBERSECURITY OF 
                          DEVICES.

    ``(a) In General.--A person who submits an application or submission 
under section 510(k), 513, 515(c), 515(f), or 520(m) for a device that 
meets the definition of a cyber device under this section shall include 
such information as the Secretary may require to ensure that such cyber 
device meets the cybersecurity requirements under subsection (b).

[[Page 136 STAT. 5833]]

    ``(b) Cybersecurity Requirements.--The sponsor of an application or 
submission described in subsection (a) shall--
            ``(1) <<NOTE: Plan.>> submit to the Secretary a plan to 
        monitor, identify, and address, as appropriate, in a reasonable 
        time, postmarket cybersecurity vulnerabilities and exploits, 
        including coordinated vulnerability disclosure and related 
        procedures;
            ``(2) <<NOTE: Processes. Procedures. Updates.>> design, 
        develop, and maintain processes and procedures to provide a 
        reasonable assurance that the device and related systems are 
        cybersecure, and make available postmarket updates and patches 
        to the device and related systems to address--
                    ``(A) on a reasonably justified regular cycle, known 
                unacceptable vulnerabilities; and
                    ``(B) as soon as possible out of cycle, critical 
                vulnerabilities that could cause uncontrolled risks;
            ``(3) provide to the Secretary a software bill of materials, 
        including commercial, open-source, and off-the-shelf software 
        components; and
            ``(4) <<NOTE: Compliance.>> comply with such other 
        requirements as the Secretary may require through regulation to 
        demonstrate reasonable assurance that the device and related 
        systems are cybersecure.

    ``(c) Definition.--In this section, the term `cyber device' means a 
device that--
            ``(1) includes software validated, installed, or authorized 
        by the sponsor as a device or in a device;
            ``(2) has the ability to connect to the internet; and
            ``(3) contains any such technological characteristics 
        validated, installed, or authorized by the sponsor that could be 
        vulnerable to cybersecurity threats.

    ``(d) Exemption.--The Secretary may identify devices, or categories 
or types of devices, that are exempt from meeting the cybersecurity 
requirements established by this section and regulations promulgated 
pursuant to this section. The <<NOTE: Federal Register, 
publication. Update. List.>> Secretary shall publish in the Federal 
Register, and update, as appropriate, a list of the devices, or 
categories or types of devices, so identified by the Secretary.''.

    (b) Prohibited Act.--Section 301(q) of the Federal Food, Drug, and 
Cosmetic Act (21 U.S.C. 331(q)) is amended by adding at the end the 
following:
    ``(3) The failure to comply with any requirement under section 
524B(b)(2) (relating to ensuring device cybersecurity).''.
    (c)  <<NOTE: 21 USC 331 note.>> Rule of Construction.--Nothing in 
this section, including the amendments made by this section, shall be 
construed to affect the Secretary's authority related to ensuring that 
there is a reasonable assurance of the safety and effectiveness of 
devices, which may include ensuring that there is a reasonable assurance 
of the cybersecurity of certain cyber devices, including for devices 
approved or cleared prior to the date of enactment of this Act.

    (d)  <<NOTE: 21 USC 331 note.>> Effective Date.--The amendments made 
by subsections (a) and (b) shall take effect 90 days after the date of 
enactment of this Act. An application or submission submitted before 
such effective date shall not be subject to the requirements under 
subsection (a) or (b) of section 524B of the Federal Food, Drug, and 
Cosmetic Act, as added by this section.

    (e)  <<NOTE: 21 USC 360n-2 note.>> Guidance for Industry and FDA 
Staff on Device Cybersecurity.--
Not <<NOTE: Deadline. Review. Update.>> later than 2 years after the 
date of enactment of this Act, and periodically thereafter as 
appropriate, the Secretary,

[[Page 136 STAT. 5834]]

in consultation with the Director of the Cybersecurity and 
Infrastructure Security Agency, shall review and, as appropriate and 
after soliciting and receiving feedback from device manufacturers, 
health care providers, third-party-device servicers, patient advocates, 
and other appropriate stakeholders, update the guidance entitled 
``Content of Premarket Submissions for Management of Cybersecurity in 
Medical Devices'' (or a successor document).

    (f)  <<NOTE: Deadline. Updates. Web posting. 21 USC 360n-2 
note.>> Resources Regarding Cybersecurity of Devices.--Not later than 
180 days after the date of enactment of this Act, and not less than 
annually thereafter, the Secretary shall update public information 
provided by the Food and Drug Administration, including on the website 
of the Food and Drug Administration, with information regarding 
improving cybersecurity of devices. Such information shall include 
information on identifying and addressing cyber vulnerabilities for 
health care providers, health systems, and device manufacturers, and how 
such entities may access support through the Cybersecurity and 
Infrastructure Security Agency and other Federal entities, including the 
Department of Health and Human Services, to improve the cybersecurity of 
devices.

    (g)  <<NOTE: Publication.>> GAO Report.--Not later than 1 year after 
the date of enactment of this Act, the Comptroller General of the United 
States shall publish a report identifying challenges in cybersecurity 
for devices, including legacy devices that may not support certain 
software security updates. <<NOTE: Examinations.>> Through such report, 
the Comptroller General shall examine--
            (1) challenges for device manufacturers, health care 
        providers, health systems, and patients in accessing Federal 
        support to address vulnerabilities across Federal agencies;
            (2) how Federal agencies can strengthen coordination to 
        better support cybersecurity for devices; and
            (3) statutory limitations and opportunities for improving 
        cybersecurity for devices.

    (h)  <<NOTE: 21 USC 360n-2 note.>> Definition.--In this section, the 
term ``device'' has the meaning given such term in section 201(h) of the 
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(h)).
SEC. 3306. BANS OF DEVICES FOR ONE OR MORE INTENDED USES.

    (a) In General.--Section 516(a) of the Federal Food, Drug, and 
Cosmetic Act (21 U.S.C. 360f(a)) is amended--
            (1) in paragraph (1), by inserting ``for one or more 
        intended uses'' before the semicolon at the end; and
            (2) in the matter following paragraph (2), by inserting ``or 
        to make such intended use or uses a banned intended use or uses. 
        A device that is banned for one or more intended uses is not a 
        legally marketed device under section 1006 when intended for 
        such use or uses'' after ``banned device''.

    (b)  <<NOTE: 21 USC 360f note.>> Rule of Construction.--Nothing in 
this section shall be construed to limit the authority of the Secretary 
to amend, in accordance with section 516 of the Federal Food, Drug, and 
Cosmetic Act (21 U.S.C. 360f), as amended by this section, and chapter 5 
of title 5, United States Code, regulations promulgated pursuant to such 
section 516, as amended by this section.
SEC. 3307. <<NOTE: 21 USC 360g-2.>> THIRD PARTY DATA TRANSPARENCY.

    (a) In General.--To the extent the Secretary relies on any data, 
analysis, or other information or findings provided by entities that has 
been funded in whole or in part by, or otherwise performed

[[Page 136 STAT. 5835]]

under contract with, the Food and Drug Administration, in regulatory 
decision-making with respect to devices, the Secretary shall--
            (1) request access to the datasets, inputs, clinical or 
        other assumptions, methods, analytical code, results, and other 
        components underlying or comprising the analysis, conclusions, 
        or other findings upon which the Secretary seeks to rely; and
            (2) <<NOTE: Summary.>> in the event that information 
        described in paragraph (1) is used to support regulatory 
        decision-making, and as otherwise appropriate, to the extent 
        practicable, provide the manufacturer or manufacturers subject 
        to such decision a summary of such information, subject to 
        protection of confidential commercial information or trade 
        secret information or personally identifiable information.

    (b)  <<NOTE: Web posting.>> Report.--Not later than September 30, 
2023, and biennially thereafter, the Secretary shall submit to the 
Committee on Health, Education, Labor, and Pensions of the Senate and 
the Committee on Energy and Commerce of the House of Representatives, 
and publish on the website of the Food and Drug Administration, a report 
on the number of postmarket device signals communications issued by the 
Secretary, the sources of data for such signals, and how such signals 
were revised or resolved.

    (c) Rule of Construction.--Nothing in this section shall be 
construed to require the delay of any regulatory decision-making or 
other action of the Food and Drug Administration.
SEC. 3308. PREDETERMINED CHANGE CONTROL PLANS FOR DEVICES.

    (a) In General.--Chapter V of the Federal Food, Drug, and Cosmetic 
Act (21 U.S.C. 351 et seq.) is amended by inserting after section 515B 
(21 U.S.C. 360e-3) the following:
``SEC. 515C. <<NOTE: 21 USC 360e-4.>> PREDETERMINED CHANGE CONTROL 
                          PLANS FOR DEVICES.

    ``(a) Approved Devices.--
            ``(1) In general.--Notwithstanding section 515(d)(5)(A), a 
        supplemental application shall not be required for a change to a 
        device approved under section 515, if such change is consistent 
        with a predetermined change control plan that is approved 
        pursuant to paragraph (2).
            ``(2) Predetermined change control plan.--The Secretary may 
        approve a predetermined change control plan submitted in an 
        application, including a supplemental application, under section 
        515 that describes planned changes that may be made to the 
        device (and that would otherwise require a supplemental 
        application under section 515), if the device remains safe and 
        effective without any change.
            ``(3) 
        <<NOTE: Requirements. Labeling. Notifications.>> Scope.--The 
        Secretary may require that a change control plan include 
        labeling required for safe and effective use of the device as 
        such device changes pursuant to such plan, notification 
        requirements if the device does not function as intended 
        pursuant to such plan, and performance requirements for changes 
        made under the plan.

    ``(b) Cleared Devices.--
            ``(1) In general.--Notwithstanding section 510(k), a 
        premarket notification shall not be required for a change to a 
        device cleared under section 510(k), if such change is 
        consistent with an established predetermined change control plan 
        granted pursuant to paragraph (2).

[[Page 136 STAT. 5836]]

            ``(2) Predetermined change control plan.--The Secretary may 
        clear a predetermined change control plan submitted in a 
        notification submitted under section 510(k) that describes 
        planned changes that may be made to the device (and that would 
        otherwise require a new notification), if--
                    ``(A) the device remains safe and effective without 
                any such change; and
                    ``(B) the device would remain substantially 
                equivalent to the predicate.
            ``(3) 
        <<NOTE: Requirements. Labeling. Notifications.>> Scope.--The 
        Secretary may require that a change control plan include 
        labeling required for safe and effective use of the device as 
        such device changes pursuant to such plan, notification 
        requirements if the device does not function as intended 
        pursuant to such plan, and performance requirements for changes 
        made under the plan.

    ``(c)  <<NOTE: Determination.>> Predicate Devices.--In making a 
determination of substantial equivalence pursuant to section 513(i), the 
Secretary shall not compare a device to changed versions of a device 
implemented in accordance with an established predetermined change 
control plan as a predicate device. Only the version of the device 
cleared or approved, prior to changes made under the predetermined 
change control plan, may be used by a sponsor as a predicate device.''.

    (b) Conforming Amendments.--
            (1) Cleared devices.--Section 510(l)(1) of the Federal Food, 
        Drug, and Cosmetic Act (21 U.S.C. 360(l)(1)) is amended, in the 
        first sentence, by inserting ``, or with respect to a change 
        that is consistent with a predetermined change control plan 
        cleared under section 515C'' before the period at the end.
            (2) Approved devices.--Section 515(d)(5)(A)(i) of the 
        Federal Food, Drug, and Cosmetic Act (21 U.S.C. 
        360e(d)(5)(A)(i)) is amended by striking ``A supplemental'' and 
        inserting ``Unless the change is consistent with a predetermined 
        change control plan approved under section 515C, a 
        supplemental''.
            (3) Documentation of rationale for significant decisions.--
        Section 517A(a)(1) of the Federal Food, Drug, and Cosmetic Act 
        (21 U.S.C. 360g-1(a)(1)) is amended to read as follows:
            ``(1)  <<NOTE: Summary.>> In general.--The Secretary shall 
        provide a substantive summary of the scientific and regulatory 
        rationale for any significant decision of the Center for Devices 
        and Radiological Health regarding submission or review of a 
        report under section 510(k), a petition for classification under 
        section 513(f), an application under section 515, or an 
        application for an exemption under section 520(g), including 
        documentation of significant controversies or differences of 
        opinion and the resolution of such controversies or differences 
        of opinion.''.
SEC. 3309. SMALL BUSINESS FEE WAIVER.

    (a) In General.--Section 738(a)(3)(B) of the Federal Food, Drug, and 
Cosmetic Act (21 U.S.C. 379j) is amended--
            (1) by striking ``No fee'' and inserting the following:
                          ``(i) In general.--No fee''; and
            (2) by adding at the end the following:
                          ``(ii) Small businesses fee waiver.--
                                    ``(I) Definition of small 
                                business.--For purposes of this clause, 
                                the term `small business'

[[Page 136 STAT. 5837]]

                                means an entity that reported $1,000,000 
                                or less of gross receipts or sales in 
                                its most recent Federal income tax 
                                return for a taxable year, including 
                                such returns of all of its affiliates.
                                    ``(II)  <<NOTE: Time 
                                period. Effective 
                                date. Determination.>> Waiver.--The 
                                Secretary may grant a waiver of the fee 
                                required under subparagraph (A) for the 
                                annual registration (excluding the 
                                initial registration) of an 
                                establishment for a year, beginning on 
                                October 1, 2024, if the Secretary finds 
                                that the establishment is a small 
                                business and paying the fee for such 
                                year represents a financial hardship to 
                                the establishment as determined by the 
                                Secretary.
                                    ``(III) Firms submitting tax returns 
                                to the united states internal 
                                revenue <<NOTE: Records. Certifications.>> 
                                service.--The establishment shall 
                                support its claim that it meets the 
                                definition under subclause (I) by 
                                submission of a copy of its most recent 
                                Federal income tax return for a taxable 
                                year, and a copy of such returns of its 
                                affiliates, which show an amount of 
                                gross sales or receipts that is less 
                                than the maximum established in 
                                subclause (I). The establishment, and 
                                each of such affiliates, shall certify 
                                that the information provided is a true 
                                and accurate copy of the actual tax 
                                forms they submitted to the Internal 
                                Revenue Service. If no tax forms are 
                                submitted for any affiliate, the 
                                establishment shall certify that the 
                                establishment has no affiliates.
                                    ``(IV) Firms not submitting tax 
                                returns to the united states internal 
                                revenue service.--In 
                                the <<NOTE: Certification. Notice. Federa
                                l Register, publication.>>  case of an 
                                establishment that has not previously 
                                submitted a Federal income tax return, 
                                the establishment and each of its 
                                affiliates shall demonstrate that it 
                                meets the definition under subclause (I) 
                                by submission of a signed certification, 
                                in such form as the Secretary may direct 
                                through a notice published in the 
                                Federal Register, that the establishment 
                                or affiliate meets the criteria for a 
                                small business and a certification, in 
                                English, from the national taxing 
                                authority, if extant, of the country in 
                                which the establishment or, if 
                                applicable, affiliate is headquartered. 
                                The certification from such taxing 
                                authority shall bear the official seal 
                                of such taxing authority and shall 
                                provide the establishment's or 
                                affiliate's gross receipts or sales for 
                                the most recent year in both the local 
                                currency of such country and in United 
                                States dollars, the exchange rate used 
                                in converting such local currency to 
                                dollars, and the dates during which 
                                these receipts or sales were collected. 
                                The <<NOTE: Statement.>> establishment 
                                shall also submit a statement signed by 
                                the head of the establishment's firm or 
                                by its chief financial officer that the 
                                establishment has submitted 
                                certifications for all of its 
                                affiliates, or that the establishment 
                                has no affiliates.

[[Page 136 STAT. 5838]]

                                    ``(V)  <<NOTE: Deadline.>> Request 
                                for waiver.--An establishment seeking a 
                                fee waiver for a year under this clause 
                                shall submit supporting information to 
                                the Secretary at least 60 days before 
                                the fee is required pursuant to 
                                subparagraph (C). The decision of the 
                                Secretary regarding whether an entity 
                                may receive the waiver for such year is 
                                not reviewable.''.

    (b) Taxing Authority.--Section 738(d)(2)(B)(iii) of the Federal 
Food, Drug, and Cosmetic Act (21 U.S.C. 379j(d)(2)(B)(iii)) is amended 
by inserting ``, if extant,'' after ``national taxing authority''.

                       Subtitle D--Infant Formula

SEC. 3401. <<NOTE: 21 USC 350a-1.>>  PROTECTING INFANTS AND 
                          IMPROVING FORMULA SUPPLY.

    (a) Definitions.--
            (1) In general.--In this section, the term ``infant 
        formula'' has the meaning given such term in section 201(z) of 
        the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(z)).
            (2) Critical food.--Section 201 of the Federal Food, Drug, 
        and Cosmetic Act (21 U.S.C. 321) is amended by adding at the end 
        the following:

    ``(ss) The term `critical food' means a food that is--
            ``(1) an infant formula; or
            ``(2) a medical food, as defined in section 5(b)(3) of the 
        Orphan Drug Act.''.

    (b) Office of Critical Foods.--
            (1)  <<NOTE: Establishment.>> In general.--The Secretary 
        shall establish within the Center for Food Safety and Applied 
        Nutrition an office to be known as the Office of Critical 
        Foods. <<NOTE: Appointment.>>  The Secretary shall appoint a 
        Director to lead such Office.
            (2) Duties.--The Office of Critical Foods shall be 
        responsible for oversight, coordination, and facilitation of 
        activities related to critical foods, as defined in section 
        201(ss) of the Federal Food, Drug, and Cosmetic Act, as added by 
        subsection (a)(2).

    (c) Premarket Submissions of Infant Formula to Address Shortages.--
Section 412 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 350a) 
is amended by adding at the end the following:
    ``(j) Premarket Submissions To Address Shortages.--
            ``(1)  <<NOTE: Waiver. Time periods. Requirement.>> In 
        general.--The Secretary shall waive the 90-day premarket 
        submission requirement under subsection (c) and apply a 30-day 
        premarket submission requirement for any person who intends to 
        introduce or deliver for introduction into interstate commerce 
        any new infant formula.
            ``(2) Effective period.--The waiver authority under this 
        subsection shall remain in effect--
                    ``(A) for 90 days beginning on the date that the 
                Secretary distributes information under section 
                424(a)(2) with respect to a shortage of infant formula; 
                or
                    ``(B) <<NOTE: Determination.>>  such longer period 
                as the Secretary determines appropriate, to prevent or 
                mitigate a shortage of infant formula.''.

    (d) Report.--Not later than one year after the date of enactment of 
this Act, the Secretary shall submit a report to the Committee on 
Health, Education, Labor, and Pensions of the Senate

[[Page 136 STAT. 5839]]

and the Committee on Energy and Commerce of the House of Representatives 
that includes--
            (1) the number of premarket submissions for new infant 
        formula the Secretary has received under section 412(d) of the 
        Federal Food, Drug, and Cosmetic Act (21 U.S.C. 350a(d)) each 
        year since 2012;
            (2) how many of such submissions received requests from the 
        Secretary for additional information;
            (3) how long after receiving such submissions the Secretary 
        sent such requests for additional information;
            (4) what additional information the Secretary requested of 
        the persons submitting such submissions; and
            (5) the date each new infant formula described in 
        subparagraph (A) was first marketed, if available.

    (e)  <<NOTE: Web posting. List.>> Infant Formula Flexibilities.--The 
Secretary shall publish a list on the website of the Department of 
Health and Human Services providing information on how to identify 
appropriate substitutes for infant formula products in shortage that are 
relied upon by infants and other individuals with inborn errors of 
metabolism or other serious health conditions.

    (f) International Harmonization of Infant Formula Requirements.--
            (1) In general.--The Secretary--
                    (A) shall participate in meetings with 
                representatives from other countries to discuss methods 
                and approaches to harmonizing regulatory requirements 
                for infant formula, including with respect to 
                inspections, labeling, and nutritional requirements; and
                    (B) <<NOTE: Contracts.>> may enter into arrangements 
                or agreements regarding such requirements with other 
                countries, as appropriate, including arrangements or 
                agreements with a foreign government or agency of a 
                foreign government to recognize the inspection of 
                foreign establishments that manufacture infant formula 
                for export to the United States.
            (2) Study on infant formula.--
                    (A)  <<NOTE: Contracts. Examination. Reports.>> In 
                general.--Not later than 60 days after the date of 
                enactment of this Act, the Secretary shall seek to enter 
                into an agreement with the National Academies of 
                Sciences, Engineering, and Medicine (referred to in this 
                paragraph as the ``National Academies'') to examine and 
                report on challenges in supply, market competition, and 
                regulation of infant formula in the United States.
                    (B) Contents of the report.--The report developed 
                pursuant to the agreement under subparagraph (A) shall--
                          (i) <<NOTE: Assessments. Evaluations.>> assess 
                      and evaluate--
                                    (I) infant formula marketed in the 
                                United States;
                                    (II) any challenges in supply, or 
                                market competition with respect to such 
                                infant formula; and
                                    (III) any differences between infant 
                                formula marketed in the United States 
                                and infant formula marketed in the 
                                European Union, including with respect 
                                to nutritional content and applicable 
                                labeling and other regulatory 
                                requirements; and
                          (ii) <<NOTE: Recommenda- tions.>> include 
                      recommendations, including for infant formula 
                      manufacturers, on measures to address supply and 
                      market competition in the United States.

[[Page 136 STAT. 5840]]

                    (C) Final report.--The agreement under subparagraph 
                (A) shall specify that the National Academies shall, not 
                later than 1 year after the date of enactment of this 
                Act, complete such study and submit a report on the 
                results of such study to the Committee on Health, 
                Education, Labor, and Pensions of the Senate and the 
                Committee on Energy and Commerce of the House of 
                Representatives.

    (g) Transparency and Accountability To Support Infant Formula 
Innovation.--
            (1) Congressional notification of recall.--Section 412 of 
        the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 350a), as 
        amended by subsection (c), is further amended by adding at the 
        end the following:

    ``(k) Congressional Notification of Recall.--
            ``(1)  <<NOTE: Deadline.>> In general.--Not later than 24 
        hours after the initiation of a recall of infant formula as 
        described in subsection (e), the Secretary shall submit to the 
        Committee on Health, Education, Labor, and Pensions of the 
        Senate and the Committee on Energy and Commerce of the House of 
        Representatives a notification of such recall.
            ``(2)  <<NOTE: Summaries.>> Contents.--A notification under 
        paragraph (1) shall include the following:
                    ``(A) If the recall is required by the Food and Drug 
                Administration, a summary of the information supporting 
                a determination that the adulterated or misbranded 
                infant formula presents a risk to human health.
                    ``(B) If the recall is voluntarily initiated by the 
                manufacturer, a summary of the information provided to 
                the Food and Drug Administration by the manufacturer 
                regarding infant formula that has left the control of 
                the manufacturer that may be adulterated or misbranded.
                    ``(C) Specification of when the Food and Drug 
                Administration was first made aware of the instance or 
                circumstances surrounding the recall.
                    ``(D) <<NOTE: Estimate.>>  An initial estimate of 
                the disruption in domestic production that may result 
                from the recall.''.
            (2) Annual report to congress.--Section 412 of the Federal 
        Food, Drug, and Cosmetic Act (21 U.S.C. 350a), as amended by 
        paragraph (1), is further amended by adding at the end the 
        following:

    ``(l) Annual Report to Congress.--
            ``(1) In general.--Not later than March 30 of each year, the 
        Secretary shall submit a report to Congress containing, with 
        respect to the preceding calendar year, the following 
        information:
                    ``(A) The number of submissions received by the 
                Secretary under subsection (d).
                    ``(B) The number of such submissions that included 
                any new ingredients that were not included in any infant 
                formula already on the market.
                    ``(C) The number of inspections conducted by the 
                Food and Drug Administration or any agent thereof to 
                evaluate compliance with the requirements for infant 
                formulas under subsection (b).
                    ``(D) The time between any inspection referred to in 
                subparagraph (C) and any necessary reinspection to

[[Page 136 STAT. 5841]]

                evaluate compliance with the requirements for infant 
                formulas under subsection (b).
                    ``(E) A breakdown of the information described in 
                subparagraphs (A) through (D) between foreign and 
                domestic manufacturers and facilities.
            ``(2) Confidentiality.--The Secretary shall ensure that the 
        reports under paragraph (1) do not include any information that 
        is a trade secret or confidential information subject to section 
        552(b)(4) of title 5, United States Code, or section 1905 of 
        title 18, United States Code.''.
            (3) New infant formula submissions.--Section 412(d) of the 
        Federal Food, Drug, and Cosmetic Act (21 U.S.C. 350a(d)) is 
        amended by adding at the end the following:

    ``(4) <<NOTE: Deadline.>> The Secretary shall provide a response to 
a submission under this subsection not later than 45 days after 
receiving such submission.''.
            (4)  <<NOTE: Reviews. Deadline.>> List of nutrients.--
        Section 412(i)(1) of the Federal Food, Drug, and Cosmetic Act 
        (21 U.S.C. 350a(i)) is amended by striking ``or, if revised by 
        the Secretary under paragraph (2), as so revised'' and inserting 
        the following: ``, which shall be reviewed by the Secretary 
        every 4 years as appropriate. In reviewing such table, the 
        Secretary shall consider any new scientific data or information 
        related to infant formula nutrients, including international 
        infant formula standards. <<NOTE: Revision.>>  The Secretary may 
        revise the list of nutrients and the required level for any 
        nutrient required by the table''.
            (5)  <<NOTE: Deadline.>> Guidance.--Not later than 1 year 
        after the date of enactment of this Act, the Secretary shall 
        issue guidance regarding information sponsors may consider 
        including in submissions required under section 412(d) of the 
        Federal Food, Drug, and Cosmetic Act (21 U.S.C. 350a(d)), 
        including considerations for meeting each of the requirements of 
        paragraphs (1), (2), and (3) of subsection (d).
            (6) Technical correction.--Section 412(c)(1)(B) of the 
        Federal Food, Drug, and Cosmetic Act (21 U.S.C. 350a(c)(1)(B)) 
        is amended by striking ``subsection (c)(1)'' and inserting 
        ``subsection (d)(1)''.

    (h) Response to Recall.--
            (1) Manufacturer submission.--
                    (A) In general.--Promptly after the initiation of a 
                recall of infant formula, the manufacturer of the 
                recalled infant formula shall submit information to the 
                Secretary regarding such recall.
                    (B)  <<NOTE: Plans.>> Contents.--A submission under 
                subparagraph (A) shall include the following:
                          (i) <<NOTE: Timeline.>> A plan (including an 
                      estimated timeline, as applicable) of actions the 
                      manufacturer will take, suited to the individual 
                      circumstances of the particular recall, 
                      including--
                                    (I) to identify and address any 
                                cause of, and contributing factor in, 
                                known or suspected adulteration or known 
                                or suspected misbranding; and
                                    (II) if appropriate, to restore 
                                operation of the impacted facilities.
                          (ii) In the case that a recall of the 
                      manufacturer's infant formula products, and 
                      subsequent actions to

[[Page 136 STAT. 5842]]

                      respond to such recall, impacts over 10 percent of 
                      the production of the infant formula intended for 
                      sale in the United States, a plan to backfill the 
                      supply of the manufacturer's infant formula supply 
                      if the current domestic supply of such infant 
                      formula has fallen, or is expected to fall, below 
                      the expected demand for the formula.
            (2) Report to congress.--
                    (A) In general.--Promptly after a submission under 
                paragraph (1) is received, the Secretary shall provide 
                such submission, together with the information specified 
                in subparagraph (B), in a report to the Committee on 
                Health, Education, Labor, and Pensions of the Senate and 
                the Committee on Energy and Commerce of the House of 
                Representatives.
                    (B) Contents.--A report under subparagraph (A) shall 
                include the following:
                          (i) Information concerning the current 
                      domestic supply of infant formula, including--
                                    (I) a breakdown of the specific 
                                types of formula involved; and
                                    (II) <<NOTE: Estimate.>> an estimate 
                                of how long current supplies will last.
                          (ii) If a submission or submissions under 
                      paragraph (1) show that the recall and subsequent 
                      actions to respond to the recall impact over 10 
                      percent of the domestic production of infant 
                      formula intended for sale in the United States--
                                    (I) actions to work with the 
                                impacted manufacturer or other 
                                manufacturers to increase production; 
                                and
                                    (II) specification of--
                                            (aa) any additional 
                                        authorities needed regarding 
                                        production or importation to 
                                        fill a supply gap; and
                                            (bb) any supplemental 
                                        funding necessary to address the 
                                        shortage.
            (3) Sunset.--This subsection shall cease to have force or 
        effect on September 30, 2026.

    (i)  <<NOTE: Deadlines.>> Coordination With Manufacturer.--
            (1) In general.--
                    (A)  <<NOTE: List.>> Communication following 
                inspection.--Upon completing an inspection of an infant 
                formula manufacturing facility impacted by a recall, the 
                Secretary, acting through the Commissioner of Food and 
                Drugs, shall provide the manufacturer involved a list of 
                any actions necessary to--
                          (i) address deficiencies contributing to the 
                      potential adulteration or misbranding of product 
                      at the facility; and
                          (ii) safely restart production at the 
                      facility.
                    (B) Response to manufacturer.--Not later than 7 days 
                after receiving a written communication from a 
                manufacturer of infant formula containing corrective 
                actions to address manufacturing deficiencies identified 
                during an inspection of a facility engaged in the 
                manufacturing of an infant formula impacted by a recall, 
                the Secretary,

[[Page 136 STAT. 5843]]

                acting through the Commissioner of Food and Drugs, shall 
                provide a substantive response to such communication 
                concerning the sufficiency of the proposed corrective 
                actions.
            (2) Inspections.--The Secretary shall ensure timely 
        communication with a manufacturer of infant formula following an 
        inspection of a facility engaged in the manufacturing of infant 
        formula for consumption in the United States. If a reinspection 
        of a manufacturer of an infant formula is required to ensure 
        that such manufacturer completed any remediation actions or 
        addressed any deficiencies, the Secretary shall reinspect such 
        facility in a timely manner. The Secretary shall prioritize and 
        expedite an inspection or reinspection of an establishment that 
        could help mitigate or prevent a shortage of an infant formula.
            (3) Annual inspections.--Not later than 6 months after the 
        date of enactment of this Act, and not less than once per 
        calendar year thereafter, the Secretary shall conduct 
        inspections, including unannounced inspections, of the 
        facilities (including foreign facilities) of each manufacturer 
        of an infant formula required to be registered under section 
        412(c)(1)(A) of the Federal Food, Drug, and Cosmetic Act (21 
        U.S.C. 350a(c)(1)(A)), in accordance with a risk-based approach 
        and ensure timely and effective internal coordination and 
        alignment among the Office of Regulatory Affairs and the Center 
        for Food Safety and Applied 
        Nutrition. <<NOTE: Contracts. Memorandums.>> In meeting the 
        inspection requirements under this subsection, the Secretary may 
        rely on inspections conducted by foreign regulatory authorities, 
        under arrangements or agreements, and conducted by State 
        agencies under contract, memoranda of understanding, or any 
        other obligation.

    (j)  <<NOTE: Deadlines.>> National Strategy on Infant Formula.--
            (1) In general.--The Secretary, in consultation with the 
        Secretary of Agriculture and other heads of relevant departments 
        and agencies, shall develop and issue, not later than 90 days 
        after the date of enactment of this Act, a national strategy on 
        infant formula to increase the resiliency of the infant formula 
        supply chain, protect against future contamination and other 
        potential causes of supply disruptions and shortages, and ensure 
        parents and caregivers have access to infant formula and 
        information they need.
            (2)  <<NOTE: Assessments.>> Immediate national strategy.--
        The national strategy under paragraph (1) shall include 
        efforts--
                    (A) to increase the resiliency of the infant formula 
                supply chain in the short-term by--
                          (i) assessing causes of any supply disruption 
                      or shortage of infant formula in existence as of 
                      the date of enactment of this Act and potential 
                      causes of future supply disruptions and shortages;
                          (ii) assessing and addressing immediate infant 
                      formula needs associated with the shortage; and
                          (iii) <<NOTE: Plan.>>  developing a plan to 
                      increase infant formula supply, including through 
                      increased competition; and
                    (B) to ensure the development and updating of 
                education and communication materials for parents and 
                caregivers that cover--
                          (i) where and how to find infant formula;
                          (ii) comparable infant formulas on the market;

[[Page 136 STAT. 5844]]

                          (iii) what to do if a specialty infant formula 
                      is unavailable;
                          (iv) safe practices for handling infant 
                      formula; and
                          (v) other topics, as appropriate.
            (3)  <<NOTE: Update. Recommenda- tions.>> Long-term 
        strategy.--Not later than 90 days after the submission of the 
        report described in subsection (f)(2), the Secretary shall 
        update the national strategy under paragraph (1) to include 
        efforts to improve preparedness against infant formula shortages 
        in the long-term by--
                    (A) outlining methods to improve information-sharing 
                between the Federal Government and State and local 
                governments, and other entities as appropriate, 
                regarding shortages;
                    (B) recommending measures for protecting the 
                integrity of the infant formula supply and preventing 
                contamination;
                    (C) <<NOTE: Outline.>> outlining methods to 
                incentivize new infant formula manufacturers to increase 
                supply and mitigate future shortages; and
                    (D) recommending other necessary authorities to gain 
                insight into the supply chain and risk for shortages, 
                and to incentivize new infant formula manufacturers.

    (k) Meaningful Disruption in the Production of Critical Food.--
Chapter IV of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 341 et 
seq.) is amended by adding at the end the following:
``SEC. 424. <<NOTE: 21 USC 350m.>>  REQUIREMENTS FOR CRITICAL 
                        FOOD.

    ``(a) <<NOTE: Deadlines.>>  Notification of Meaningful Disruption 
for Critical Food.--
            ``(1) In general.--A manufacturer of a critical food (as 
        defined in section 201(ss)) shall notify the Secretary of a 
        permanent discontinuance in the manufacture or an interruption 
        of the manufacture of such food that is likely to lead to a 
        meaningful disruption in the supply of such food in the United 
        States, and the reasons for such discontinuance or interruption, 
        as soon as practicable, but not later than 5 business days after 
        such discontinuance or such interruption.
            ``(2)  <<NOTE: Determination.>> Distribution of 
        information.--Not later than 5 calendar days after receiving a 
        notification under paragraph (1), if the Secretary has 
        determined that such discontinuance or interruption has 
        resulted, or is likely to result, in a shortage of such critical 
        food, the Secretary shall distribute, to the Secretary of 
        Agriculture and to the maximum extent practicable to the 
        appropriate entities, as determined by the Secretary through 
        such means as the Secretary determines appropriate, information 
        on such shortage.
            ``(3) Confidentiality.--Nothing in this subsection 
        authorizes the Secretary to disclose any information that is a 
        trade secret or confidential information subject to section 
        552(b)(4) of title 5, United States Code, or section 1905 of 
        title 18, United States Code.
            ``(4)  <<NOTE: Definition.>> Meaningful disruption.--In this 
        subsection, the term `meaningful disruption'--
                    ``(A) means a change in production that is 
                reasonably likely to lead to a significant reduction in 
                the supply of a critical food by a manufacturer that 
                affects the ability

[[Page 136 STAT. 5845]]

                of the manufacturer to meet expected demand for its 
                product; and
                    ``(B) does not include interruptions in 
                manufacturing due to matters such as routine 
                maintenance, changes or discontinuance of flavors, 
                colors, or other insignificant formulation 
                characteristics, or insignificant changes in 
                manufacturing so long as the manufacturer expects to 
                resume operations in a short period of time.

    ``(b)  <<NOTE: Evaluations.>> Risk Management Plans.--Each 
manufacturer of a critical food shall develop, maintain, and implement, 
as appropriate, a redundancy risk management plan that identifies and 
evaluates risks to the supply of the food, as applicable, for each 
establishment in which such food is manufactured. A risk management plan 
under this subsection--
            ``(1) may identify and evaluate risks to the supply of more 
        than one critical food, or critical food category, manufactured 
        at the same establishment;
            ``(2) may identify mechanisms by which the manufacturer 
        would mitigate the impacts of a supply disruption through 
        alternative production sites, alternative suppliers, stockpiling 
        of inventory, or other means; and
            ``(3) shall be subject to inspection and copying by the 
        Secretary pursuant to an inspection under section 704.

    ``(c) Failure To Meet Requirements.--
            ``(1) In general.--If a person fails to submit information 
        required under, and in accordance with, subsection (a)--
                    ``(A) <<NOTE: Letter.>>  the Secretary shall issue a 
                letter to such person informing such person of such 
                failure; and
                    ``(B) <<NOTE: Deadline. Public information. Web 
                posting.>>  not later than 45 calendar days after the 
                issuance of a letter under subparagraph (A), subject to 
                paragraph (2), the Secretary shall make available to the 
                public on the website of the Food and Drug 
                Administration, with appropriate redactions made to 
                protect the information described in subsection (a)(3)--
                          ``(i) the letter issued under subparagraph 
                      (A); and
                          ``(ii) at the request of such person, any 
                      response to such letter such person submitted to 
                      the Secretary.
            ``(2)  <<NOTE: Determination. Review.>> Exception.--If the 
        Secretary determines that the letter under paragraph (1) was 
        issued in error or, after review of such response, the person 
        had a reasonable basis for not submitting a notification as 
        required under subsection (a), the requirements of paragraph 
        (1)(B) shall not apply.''.

    (l) Specialty Infant Formula for Importation.--Section 412 of the 
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 350a), as amended by 
subsection (f)(2), is further amended by adding at the end the 
following:
    ``(m) Waiver of Requirements for Importation of Specialty Infant 
Formula.--
            ``(1)  <<NOTE: Determinations.>> In general.--The Secretary 
        may, during a shortage of specialty infant formula as determined 
        by the Secretary, waive any requirement under this Act 
        applicable to facilitate the importation of specialty infant 
        formula. Such a waiver may be applicable to--
                    ``(A) the importation of specialty infant formula 
                from any country that is determined by the Secretary to 
                be

[[Page 136 STAT. 5846]]

                implementing and enforcing requirements for infant 
                formula that provide a similar assurance of safety and 
                nutritional adequacy as the requirements of this Act; or
                    ``(B) the distribution and sale of such imported 
                specialty infant formula.
            ``(2) Rule of construction.--Nothing in paragraph (1) shall 
        be construed to limit the authority of the Secretary to require 
        a recall of, or otherwise impose restrictions and requirements 
        under this Act with respect to, specialty infant formula that is 
        subject to a waiver under paragraph (1).
            ``(3) Definition of specialty infant formula.--In this 
        subsection, the term `specialty infant formula' means infant 
        formula described in subsection (h)(1).''.

    (m) Importation for Personal Use.--
            (1)  <<NOTE: Time periods.>> In general.--Notwithstanding 
        any provision of the Federal Food, Drug, and Cosmetic Act (21 
        U.S.C. 301 et seq.), during the 90-day period beginning on the 
        date of enactment of this Act, an individual may, without prior 
        notice to the Food and Drug Administration, import up to a 3-
        month supply of infant formula for personal use from--
                    (A) <<NOTE: Canada.>> Canada;
                    (B) any country in the European Union; or
                    (C) <<NOTE: Determination.>> any other country that 
                is determined by the Secretary to be implementing and 
                enforcing requirements for infant formula that provide a 
                similar assurance of safety and nutritional adequacy as 
                the requirements of the Federal Food, Drug, and Cosmetic 
                Act (21 U.S.C. 301 et seq.).
            (2) Limitations.--Infant formula may be imported pursuant to 
        paragraph (1) only if the infant formula--
                    (A) is exclusively for personal use and will not be 
                commercialized or promoted; and
                    (B) does not present an unreasonable risk to human 
                health.
            (3) Reporting of adverse events.--If a health care provider 
        becomes aware of any adverse event which the health care 
        provider reasonably suspects to be associated with infant 
        formula imported pursuant to paragraph (1), the health care 
        provider shall report such adverse event to the Commissioner of 
        Food and Drugs.
            (4)  <<NOTE: Web posting.>> Public notice.--The Secretary, 
        acting through the Commissioner of Food and Drugs, shall post on 
        the public website of the Food and Drug Administration notice 
        that--
                    (A) infant formula imported pursuant to paragraph 
                (1) may not have been manufactured in a facility that 
                has been inspected by the Food and Drug Administration;
                    (B) the labeling of such infant formula may not meet 
                the standards and other requirements applicable with 
                respect to infant formula under the Federal Food, Drug, 
                and Cosmetic Act (21 U.S.C. 301 et seq.); and
                    (C) the nutritional content of infant formula 
                imported pursuant to paragraph (1) may vary from that of 
                infant formula meeting such standards and other 
                requirements.
            (5) Sense of congress.--It is the sense of Congress that 
        persons considering the personal importation of infant formula 
        should consult with their pediatrician about such importation.

[[Page 136 STAT. 5847]]

   Subtitle E-- <<NOTE: Modernization of Cosmetics Regulation Act of 
2022.>> Cosmetics
SEC. 3501. <<NOTE: 21 USC 301 note.>> SHORT TITLE.

    This subtitle may be cited as the ``Modernization of Cosmetics 
Regulation Act of 2022''.
SEC. 3502. AMENDMENTS TO COSMETIC REQUIREMENTS.

    Chapter VI of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 
361 et seq.) is amended by adding at the end the following:
``SEC. 604. <<NOTE: 21 USC 364.>>  DEFINITIONS.

    ``In this chapter:
            ``(1) Adverse event.--The term `adverse event' means any 
        health-related event associated with the use of a cosmetic 
        product that is adverse.
            ``(2) Cosmetic product.--The term `cosmetic product' means a 
        preparation of cosmetic ingredients with a qualitatively and 
        quantitatively set composition for use in a finished product.
            ``(3) Facility.--
                    ``(A) In general.--The term `facility' includes any 
                establishment (including an establishment of an 
                importer) that manufactures or processes cosmetic 
                products distributed in the United States.
                    ``(B) Such term does not include any of the 
                following:
                          ``(i) Beauty shops and salons, unless such 
                      establishment manufactures or processes cosmetic 
                      products at that location.
                          ``(ii) Cosmetic product retailers, including 
                      individual sales representatives, direct sellers 
                      (as defined in section 3508(b)(2) of the Internal 
                      Revenue Code of 1986), retail distribution 
                      facilities, and pharmacies, unless such 
                      establishment manufactures or processes cosmetic 
                      products that are not sold directly to consumers 
                      at that location.
                          ``(iii) Hospitals, physicians' offices, and 
                      health care clinics.
                          ``(iv) Public health agencies and other 
                      nonprofit entities that provide cosmetic products 
                      directly to the consumer.
                          ``(v) Entities (such as hotels and airlines) 
                      that provide complimentary cosmetic products to 
                      customers incidental to other services.
                          ``(vi) Trade shows and other venues where 
                      cosmetic product samples are provided free of 
                      charge.
                          ``(vii) An establishment that manufactures or 
                      processes cosmetic products that are solely for 
                      use in research or evaluation, including for 
                      production testing and not offered for retail 
                      sale.
                          ``(viii) An establishment that solely performs 
                      one or more of the following with respect to 
                      cosmetic products:
                                    ``(I) Labeling.
                                    ``(II) Relabeling.
                                    ``(III) Packaging.
                                    ``(IV) Repackaging.
                                    ``(V) Holding.
                                    ``(VI) Distributing.

[[Page 136 STAT. 5848]]

                    ``(C) Clarification.--For the purposes of 
                subparagraph (B)(viii), the terms `packaging' and 
                `repackaging' do not include filling a product container 
                with a cosmetic product.
            ``(4) Responsible person.--The term `responsible person' 
        means the manufacturer, packer, or distributor of a cosmetic 
        product whose name appears on the label of such cosmetic product 
        in accordance with section 609(a) of this Act or section 4(a) of 
        the Fair Packaging and Labeling Act.
            ``(5) Serious adverse event.--The term `serious adverse 
        event' means an adverse event that--
                    ``(A) results in--
                          ``(i) death;
                          ``(ii) a life-threatening experience;
                          ``(iii) inpatient hospitalization;
                          ``(iv) a persistent or significant disability 
                      or incapacity;
                          ``(v) a congenital anomaly or birth defect;
                          ``(vi) an infection; or
                          ``(vii) significant disfigurement (including 
                      serious and persistent rashes, second- or third-
                      degree burns, significant hair loss, or persistent 
                      or significant alteration of appearance), other 
                      than as intended, under conditions of use that are 
                      customary or usual; or
                    ``(B) requires, based on reasonable medical 
                judgment, a medical or surgical intervention to prevent 
                an outcome described in subparagraph (A).
``SEC. 605. <<NOTE: 21 USC 364a.>> ADVERSE EVENTS.

    ``(a) Serious Adverse Event Reporting Requirements.--The responsible 
person shall submit to the Secretary any report received of a serious 
adverse event associated with the use, in the United States, of a 
cosmetic product manufactured, packed, or distributed by such person.
    ``(b) Submission of Reports.--
            ``(1)  <<NOTE: Records.>> Serious adverse event report.--The 
        responsible person shall submit to the Secretary a serious 
        adverse event report accompanied by a copy of the label on or 
        within the retail packaging of such cosmetic product no later 
        than 15 business days after the report is received by the 
        responsible person.
            ``(2) New medical information.--The responsible person shall 
        submit to the Secretary any new and material medical 
        information, related to a serious adverse event report submitted 
        to the Secretary in accordance with paragraph (1), that is 
        received by the responsible person within 1 year of the initial 
        report to the Secretary, no later than 15 business days after 
        such information is received by such responsible person.
            ``(3) Consolidation of reports.--The Secretary shall develop 
        systems to enable responsible persons to submit a single report 
        that includes duplicate reports of, or new medical information 
        related to, a serious adverse event.

    ``(c)  <<NOTE: Regulations. Determination.>> Exemptions.--The 
Secretary may establish by regulation an exemption to any of the 
requirements of this section if the Secretary determines that such 
exemption would have no significant adverse effect on public health.

    ``(d) Contact Information.--The responsible person shall receive 
reports of adverse events through the domestic address,

[[Page 136 STAT. 5849]]

domestic telephone number, or electronic contact information included on 
the label in accordance with section 609(a).
    ``(e) Maintenance and Inspection of Adverse Event Records.--
            ``(1)  <<NOTE: Time periods.>> Maintenance.--The responsible 
        person shall maintain records related to each report of an 
        adverse event associated with the use, in the United States, of 
        a cosmetic product manufactured or distributed by such person 
        received by such person, for a period of 6 years, except that a 
        responsible person that is considered a small business for the 
        purposes of section 612, who does not engage in the 
        manufacturing or processing of the cosmetic products described 
        in subsection 612(b), shall maintain such records for a period 
        of 3 years.
            ``(2) Inspection.--
                    ``(A) In general.-- The responsible person shall 
                permit an authorized person to have access to records 
                required to be maintained under this section during an 
                inspection pursuant to section 704.
                    ``(B)  <<NOTE: Definition.>> Authorized person.--For 
                purposes of this paragraph, the term `authorized person' 
                means an officer or employee of the Department of Health 
                and Human Services who has--
                          ``(i) appropriate credentials, as determined 
                      by the Secretary; and
                          ``(ii) been duly designated by the Secretary 
                      to have access to the records required under this 
                      section.

    ``(f)  <<NOTE: List.>> Fragrance and Flavor Ingredients.--If the 
Secretary has reasonable grounds to believe that an ingredient or 
combination of ingredients in a fragrance or flavor has caused or 
contributed to a serious adverse event required to be reported under 
this section, the Secretary may request in writing a list of such 
ingredients or categories of ingredients in the specific fragrances or 
flavors in the cosmetic product, from the responsible 
person. <<NOTE: Deadline.>>  The responsible person shall ensure that 
the requested information is submitted to the Secretary within 30 days 
of such request. In response to a request under section 552 of title 5, 
United States Code, information submitted to the Secretary under this 
subsection shall be withheld under section 552(b)(3) of title 5, United 
States Code.

    ``(g) Protected Information.--A serious adverse event report 
submitted to the Secretary under this section, including any new medical 
information submitted under subsection (b)(2), or an adverse event 
report, or any new information, voluntarily submitted to the Secretary 
shall be considered to be--
            ``(1) <<NOTE: Statement.>>  a safety report under section 
        756 and may be accompanied by a statement, which shall be a part 
        of any report that is released for public disclosure, that 
        denies that the report or the records constitute an admission 
        that the product involved caused or contributed to the adverse 
        event; and
            ``(2) <<NOTE: Records.>>  a record about an individual under 
        section 552a of title 5, United States Code (commonly referred 
        to as the `Privacy Act of 1974') and a medical or similar file 
        the disclosure of which would constitute a violation of section 
        552 of such title 5 (commonly referred to as the `Freedom of 
        Information Act'), and shall not be publicly disclosed unless 
        all personally identifiable information is redacted.

    ``(h) Effect of Section.--

[[Page 136 STAT. 5850]]

            ``(1)  <<NOTE: Memorandums.>> In general.--Nothing in this 
        section shall affect the authority of the Secretary to provide 
        adverse event reports and information to any health, food, or 
        drug officer or employee of any State, territory, or political 
        subdivision of a State or territory, under a memorandum of 
        understanding between the Secretary and such State, territory, 
        or political subdivision.
            ``(2) Personally identifiable information.--Notwithstanding 
        any other provision of law, personally-identifiable information 
        in adverse event reports provided by the Secretary to any 
        health, food, or drug officer or employee of any State, 
        territory, or political subdivision of a State or territory, 
        shall not--
                    ``(A) be made publicly available pursuant to any 
                State or other law requiring disclosure of information 
                or records; or
                    ``(B) otherwise be disclosed or distributed to any 
                party without the written consent of the Secretary and 
                the person submitting such information to the Secretary.
            ``(3) Use of reports.--Nothing in this section shall permit 
        a State, territory, or political subdivision of a State or 
        territory, to use any safety report received from the Secretary 
        in a manner inconsistent with this section.
            ``(4) Rule of construction.--The submission of any report in 
        compliance with this section shall not be construed as an 
        admission that the cosmetic product involved caused or 
        contributed to the relevant adverse event.
``SEC. 606. <<NOTE: 21 USC 364b.>>  GOOD MANUFACTURING PRACTICE.

    ``(a)  <<NOTE: Regulations.>> In General.--The Secretary shall by 
regulation establish good manufacturing practices for facilities that 
are consistent, to the extent practicable, and appropriate, with 
national and international standards, in accordance with section 601. 
Any such regulations shall be intended to protect the public health and 
ensure that cosmetic products are not 
adulterated. <<NOTE: Inspection. Records. Compliance.>> Such regulations 
may allow for the Secretary to inspect records necessary to demonstrate 
compliance with good manufacturing practices prescribed by the Secretary 
under this paragraph during an inspection conducted under section 704.

    ``(b) Considerations.--In establishing regulations for good 
manufacturing practices under this section, the Secretary shall take 
into account the size and scope of the businesses engaged in the 
manufacture of cosmetics, and the risks to public health posed by such 
cosmetics, and provide sufficient flexibility to be practicable for all 
sizes and types of facilities to which such regulations will 
apply. <<NOTE: Requirements.>> Such regulations shall include simplified 
good manufacturing practice requirements for smaller businesses, as 
appropriate, to ensure that such regulations do not impose undue 
economic hardship for smaller businesses, and may include longer 
compliance times for smaller businesses. <<NOTE: Consultation.>> Before 
issuing regulations to implement subsection (a), the Secretary shall 
consult with cosmetics manufacturers, including smaller businesses, 
consumer organizations, and other experts selected by the Secretary.

    ``(c)  <<NOTE: Publications. Notice. Deadlines.>> Timeframe.--The 
Secretary shall publish a notice of proposed rulemaking not later than 2 
years after the date of enactment of the Modernization of Cosmetics 
Regulation Act of 2022 and shall publish a final such rule not later 
than 3 years after such date of enactment.

[[Page 136 STAT. 5851]]

``SEC. 607. <<NOTE: Deadlines. 21 USC 364c.>> REGISTRATION AND 
                        PRODUCT LISTING.

    ``(a) Submission of Registration.--
            ``(1)  <<NOTE: Effective dates.>> Initial registration.--
                    ``(A) Existing facilities.--Every person that, on 
                the date of enactment of the Modernization of Cosmetics 
                Regulation Act of 2022, owns or operates a facility that 
                engages in the manufacturing or processing of a cosmetic 
                product for distribution in the United States shall 
                register each facility with the Secretary not later than 
                1 year after date of enactment of such Act.
                    ``(B) New facilities.--Every person that owns or 
                operates a facility that first engages, after the date 
                of enactment of the Modernization of Cosmetics 
                Regulation Act of 2022, in manufacturing or processing 
                of a cosmetic product for distribution in the United 
                States, shall register with the Secretary such facility 
                within 60 days of first engaging in such activity or 60 
                days after the deadline for registration under 
                subparagraph (A), whichever is later.
            ``(2) Biennial renewal of registration.--A person required 
        to register a facility under paragraph (1) shall renew such 
        registrations with the Secretary biennially.
            ``(3) Contract manufacturers.--If a facility manufactures or 
        processes cosmetic products on behalf of a responsible person, 
        the Secretary shall require only a single registration for such 
        facility even if such facility is manufacturing or processing 
        its own cosmetic products or cosmetic products on behalf of more 
        than one responsible person. Such single registration may be 
        submitted to the Secretary by such facility or any responsible 
        person whose products are manufactured or processed at such 
        facility.
            ``(4)  <<NOTE: Notification.>> Updates to content.--A person 
        that is required to register under subsection (a)(1) shall 
        notify the Secretary within 60 days of any changes to 
        information required under subsection (b)(2).
            ``(5) Abbreviated renewal registrations.--The Secretary 
        shall provide for an abbreviated registration renewal process 
        for any person that owns or operates a facility that has not 
        been required to submit updates under paragraph (4) for a 
        registered facility since submission of the most recent 
        registration of such facility under paragraph (1) or (2).

    ``(b) Format; Contents of Registration.--
            ``(1) In general.--Registration information under this 
        section may be submitted at such time and in such manner as the 
        Secretary may prescribe.
            ``(2) Contents.--The registration under subsection (a) shall 
        contain--
                    ``(A) the facility's name, physical address, email 
                address, and telephone number;
                    ``(B) with respect to any foreign facility, the 
                contact for the United States agent of the facility, 
                and, if available, the electronic contact information;
                    ``(C) the facility registration number, if any, 
                previously assigned by the Secretary under subsection 
                (d);
                    ``(D) all brand names under which cosmetic products 
                manufactured or processed in the facility are sold; and

[[Page 136 STAT. 5852]]

                    ``(E) the product category or categories and 
                responsible person for each cosmetic product 
                manufactured or processed at the facility.

    ``(c) Cosmetic Product Listing.--
            ``(1) In general.--For each cosmetic product, the 
        responsible person shall submit to the Secretary a cosmetic 
        product listing, or ensure that such submission is made, at such 
        time and in such manner as the Secretary may prescribe.
            ``(2)  <<NOTE: Effective dates.>> Cosmetic product 
        listing.--The responsible person of a cosmetic product that is 
        marketed on the date of enactment of the Modernization of 
        Cosmetics Regulation Act of 2022 shall submit to the Secretary a 
        cosmetic product listing not later than 1 year after the date of 
        enactment of the Modernization of Cosmetics Regulation Act of 
        2022, or for a cosmetic product that is first marketed after the 
        date of enactment of such Act, within 120 days of marketing such 
        product in interstate commerce. <<NOTE: Updates. Time 
        period.>> Thereafter, any updates to such listing shall be made 
        annually, consistent with paragraphs (4) and (5).
            ``(3) Abbreviated renewal.--The Secretary shall provide for 
        an abbreviated process for the renewal of any cosmetic product 
        listing under this subsection with respect to which there has 
        been no change since the responsible person submitted the 
        previous listing.
            ``(4) Contents of listing.--
                    ``(A) In general.--Each such cosmetic product 
                listing shall include--
                          ``(i) the facility registration number of each 
                      facility where the cosmetic product is 
                      manufactured or processed;
                          ``(ii) the name and contact number of the 
                      responsible person and the name for the cosmetic 
                      product, as such name appears on the label;
                          ``(iii) the applicable cosmetic category or 
                      categories for the cosmetic product;
                          ``(iv) a list of ingredients in the cosmetic 
                      product, including any fragrances, flavors, or 
                      colors, with each ingredient identified by the 
                      name, as required under section 701.3 of title 21, 
                      Code of Federal Regulations (or any successor 
                      regulations), or by the common or usual name of 
                      the ingredient; and
                          ``(v) the product listing number, if any 
                      previously assigned by the Secretary under 
                      subsection (d).
                    ``(B) Flexible listings.--A single listing 
                submission for a cosmetic product may include multiple 
                cosmetic products with identical formulations, or 
                formulations that differ only with respect to colors, 
                fragrances or flavors, or quantity of contents.
            ``(5)  <<NOTE: Time period.>> Updates to content.--A 
        responsible person that is required to submit a cosmetic product 
        listing shall submit any updates to such cosmetic product 
        listing annually.
            ``(6) Submission.--A responsible person may submit product 
        listing information as part of a facility registration or 
        separately.

    ``(d) Facility Registration and Product Listing Numbers.--At 
the <<NOTE: Assignment.>> time of the initial registration of any 
facility under subsection (a)(1) or initial listing of any cosmetic 
product under (c)(1), the Secretary shall assign a facility registration 
number to the facility

[[Page 136 STAT. 5853]]

and a product listing number to each cosmetic product. The Secretary 
shall not make such product listing number publicly available.

    ``(e) Confidentiality.--In response to a request under section 552 
of title 5, United States Code, information described in subsection 
(b)(2)(D) or (c)(4)(A)(i) that is derived from a registration or listing 
under this section shall be withheld under section 552(b)(3) of title 5, 
United States Code.
    ``(f)  <<NOTE: Determinations.>> Suspensions.--
            ``(1) Suspension of registration of a facility.--The 
        Secretary may suspend the registration of a facility if the 
        Secretary determines that a cosmetic product manufactured or 
        processed by a registered facility and distributed in the United 
        States has a reasonable probability of causing serious adverse 
        health consequences or death to humans and the Secretary has a 
        reasonable belief that other products manufactured or processed 
        by the facility may be similarly affected because of a failure 
        that cannot be isolated to a product or products, or is 
        sufficiently pervasive to raise concerns about other products 
        manufactured in the facility.
            ``(2) Notice of suspension.--Before suspending a facility 
        registration under this section, the Secretary shall provide--
                    ``(A) notice to the facility registrant of the 
                cosmetic product or other responsible person, as 
                appropriate, of the intent to suspend the facility 
                registration, which shall specify the basis of the 
                determination by the Secretary that the facility 
                registration should be suspended; and
                    ``(B) <<NOTE: Plan.>> an opportunity, within 5 
                business days of the notice provided under subparagraph 
                (A), for the responsible person to provide a plan for 
                addressing the reasons for possible suspension of the 
                facility registration.
            ``(3) Hearing on suspension.--The Secretary shall provide 
        the registrant subject to an order under paragraph (1) or (2) 
        with an opportunity for an informal hearing, to be held as soon 
        as possible but not later than 5 business days after the 
        issuance of the order, or such other time period agreed upon by 
        the Secretary and the registrant, on the actions required for 
        reinstatement of registration and why the registration that is 
        subject to the suspension should be reinstated. The Secretary 
        shall reinstate a registration if the Secretary determines, 
        based on evidence presented, that adequate grounds do not exist 
        to continue the suspension of the registration.
            ``(4)  <<NOTE: Requirement.>> Post-hearing corrective action 
        plan.--If, after providing opportunity for an informal hearing 
        under paragraph (3), the Secretary determines that the 
        suspension of registration remains necessary, the Secretary 
        shall require the registrant to submit a corrective action plan 
        to demonstrate how the registrant plans to correct the 
        conditions found by the Secretary. 
        The <<NOTE: Review.>> Secretary shall review such plan not later 
        than 14 business days after the submission of the corrective 
        action plan or such other time period as determined by the 
        Secretary, in consultation with the registrant.
            ``(5) Vacating of order; reinstatement.--Upon a 
        determination by the Secretary that adequate grounds do not 
        exist to continue the suspension actions, the Secretary shall 
        promptly vacate the suspension and reinstate the registration of 
        the facility.

[[Page 136 STAT. 5854]]

            ``(6) Effect of suspension.--If the registration of the 
        facility is suspended under this section, no person shall 
        introduce or deliver for introduction into commerce in the 
        United States cosmetic products from such facility.
            ``(7) No delegation.--The authority conferred by this 
        section to issue an order to suspend a registration or vacate an 
        order of suspension shall not be delegated to any officer or 
        employee other than the Commissioner.
``SEC. 608. <<NOTE: Records. 21 USC 364d.>> SAFETY SUBSTANTIATION.

    ``(a) Substantiation of Safety.--A responsible person for a cosmetic 
product shall ensure, and maintain records supporting, that there is 
adequate substantiation of safety of such cosmetic product.
    ``(b) Coal-Tar Hair Dye.--Subsection (a) shall not apply to coal-tar 
hair dye that otherwise complies with the requirements of section 
601(a). A responsible person for a coal-tar hair dye shall maintain 
records related to the safety of such product.
    ``(c) Definitions.--For purposes of this section:
            ``(1) Adequate substantiation of safety.--The term `adequate 
        substantiation of safety' means tests or studies, research, 
        analyses, or other evidence or information that is considered, 
        among experts qualified by scientific training and experience to 
        evaluate the safety of cosmetic products and their ingredients, 
        sufficient to support a reasonable certainty that a cosmetic 
        product is safe.
            ``(2) Safe.--The term `safe' means that the cosmetic 
        product, including any ingredient thereof, is not injurious to 
        users under the conditions of use prescribed in the labeling 
        thereof, or under such conditions of use as are customary or 
        usual. The Secretary shall not consider a cosmetic ingredient or 
        cosmetic product injurious to users solely because it can cause 
        minor and transient reactions or minor and transient skin 
        irritations in some users. In determining for purposes of this 
        section whether a cosmetic product is safe, the Secretary may 
        consider, as appropriate and available, the cumulative or other 
        relevant exposure to the cosmetic product, including any 
        ingredient thereof.
``SEC. 609. <<NOTE: 21 USC 364e.>>  LABELING.

    ``(a) General Requirement.--Each cosmetic product shall bear a label 
that includes a domestic address, domestic phone number, or electronic 
contact information, which may include a website, through which the 
responsible person can receive adverse event reports with respect to 
such cosmetic product.
    ``(b)  <<NOTE: Determination. Regulations.>> Fragrance Allergens.--
The responsible person shall identify on the label of a cosmetic product 
each fragrance allergen included in such cosmetic product. Substances 
that are fragrance allergens for purposes of this subsection shall be 
determined by the Secretary by 
regulation. <<NOTE: Notice. Regulations. Deadlines.>> The Secretary 
shall issue a notice of proposed rulemaking promulgating the regulation 
implementing this requirement not later than 18 months after the date of 
enactment of the Modernization of Cosmetics Regulation Act of 2022, and 
not later than 180 days after the date on which the public comment 
period on the proposed rulemaking closes, shall issue a final 
rulemaking. In promulgating regulations implementing this subsection, 
the Secretary shall consider international, State, and local 
requirements for allergen disclosure, including the substance

[[Page 136 STAT. 5855]]

and format of requirements in the European Union, and may establish 
threshold levels of amounts of substances subject to disclosure pursuant 
to such regulations.

    ``(c) Cosmetic Products for Professional Use.--
            ``(1) Definition of professional.--For purposes of this 
        subsection, the term `professional' means an individual who is 
        licensed by an official State authority to practice in the field 
        of cosmetology, nail care, barbering, or esthetics.
            ``(2) Professional use labeling.--A cosmetic product 
        introduced into interstate commerce and intended to be used only 
        by a professional shall bear a label that--
                    ``(A) <<NOTE: Statement.>> contains a clear and 
                prominent statement that the product shall be 
                administered or used only by licensed professionals; and
                    ``(B) is in conformity with the requirements of the 
                Secretary for cosmetics labeling under this Act and 
                section 4(a) of the Fair Packaging and Labeling Act.
``SEC. 610. <<NOTE: 21 USC 364f.>>  RECORDS.

    ``(a)  <<NOTE: Notice. Determination.>> In General.--If the 
Secretary has a reasonable belief that a cosmetic product, including an 
ingredient in such cosmetic product, and any other cosmetic product that 
the Secretary reasonably believes is likely to be affected in a similar 
manner, is likely to be adulterated such that the use or exposure to 
such product presents a threat of serious adverse health consequences or 
death to humans, each responsible person and facility shall, at the 
request of an officer or employee duly designated by the Secretary, 
permit such officer or employee, upon presentation of appropriate 
credentials and a written notice to such person, at reasonable times and 
within reasonable limits and in a reasonable manner, to have access to 
and copy all records relating to such cosmetic product, and to any other 
cosmetic product that the Secretary reasonably believes is likely to be 
affected in a similar manner, that are needed to assist the Secretary in 
determining whether the cosmetic product is adulterated and presents a 
threat of serious adverse health consequences or death to humans. This 
subsection shall not be construed to extend to recipes or formulas for 
cosmetics, financial data, pricing data, personnel data (other than data 
as to qualification of technical and professional personnel performing 
functions subject to this Act), research data (other than safety 
substantiation data for cosmetic products and their ingredients), or 
sales data (other than shipment data regarding sales).

    ``(b) Rule of Construction.--Nothing in this section shall be 
construed to limit the authority of the Secretary to inspect records or 
require establishment and maintenance of records under any other 
provision of this Act, including section 605 or 606.
``SEC. 611. <<NOTE: 21 USC 364g.>> MANDATORY RECALL AUTHORITY.

    ``(a)  <<NOTE: Determinations.>> In General.--If the Secretary 
determines that there is a reasonable probability that a cosmetic is 
adulterated under section 601 or misbranded under section 602 and the 
use of or exposure to such cosmetic will cause serious adverse health 
consequences or death, the Secretary shall provide the responsible 
person with an opportunity to voluntarily cease distribution and recall 
such article. If <<NOTE: Requirements.>> the responsible person refuses 
to or does not voluntarily cease distribution or recall such cosmetic 
within the time and manner prescribed by the Secretary (if so 
prescribed), the Secretary

[[Page 136 STAT. 5856]]

may, by order, require, as the Secretary determines necessary, such 
person to immediately cease distribution of such article.

    ``(b)  <<NOTE: Deadline.>> Hearing.--The Secretary shall provide the 
responsible person who is subject to an order under subsection (a) with 
an opportunity for an informal hearing, to be held not later than 10 
days after the date of issuance of the order, on whether adequate 
evidence exists to justify the order.

    ``(c) Order Resolution.--After an order is issued according to the 
process under subsections (a) and (b), the Secretary shall, except as 
provided in subsection (d)--
            ``(1) <<NOTE: Determination.>> vacate the order, if the 
        Secretary determines that inadequate grounds exist to support 
        the actions required by the order;
            ``(2) <<NOTE: Continuation.>> continue the order ceasing 
        distribution of the cosmetic until a date specified in such 
        order; or
            
        ``(3) <<NOTE: Requirements. Notifications. Schedule. Updates.>> a
        mend the order to require a recall of the cosmetic, including 
        any requirements to notify appropriate persons, a timetable for 
        the recall to occur, and a schedule for updates to be provided 
        to the Secretary regarding such recall.

    ``(d) Action Following Order.--Any person who is subject to an order 
pursuant to paragraph (2) or (3) of subsection (c) shall immediately 
cease distribution of or recall, as applicable, the cosmetic and provide 
notification as required by such order.
    ``(e)  <<NOTE: Determination. Notice.>> Notice to Persons 
Affected.--If the Secretary determines necessary, the Secretary may 
require the person subject to an order pursuant to subsection (a) or an 
amended order pursuant to paragraph (2) or (3) of subsection (c) to 
provide either a notice of a recall order for, or an order to cease 
distribution of, such cosmetic, as applicable, under this section to 
appropriate persons, including persons who manufacture, distribute, 
import, or offer for sale such product that is the subject of an order 
and to the public.

    ``(f) Public Notification.--In conducting a recall under this 
section, the Secretary shall--
            ``(1) ensure that a press release is published regarding the 
        recall, and that alerts and public notices are issued, as 
        appropriate, in order to provide notification--
                    ``(A) of the recall to consumers and retailers to 
                whom such cosmetic was, or may have been, distributed; 
                and
                    ``(B) that includes, at a minimum--
                          ``(i) the name of the cosmetic subject to the 
                      recall;
                          ``(ii) a description of the risk associated 
                      with such article; and
                          ``(iii) to the extent practicable, information 
                      for consumers about similar cosmetics that are not 
                      affected by the recall; and
            ``(2) <<NOTE: Web posting.>>  ensure publication, as 
        appropriate, on the website of the Food and Drug Administration 
        of an image of the cosmetic that is the subject of the press 
        release described in paragraph (1), if available.

    ``(g) No Delegation.--The authority conferred by this section to 
order a recall or vacate a recall order shall not be delegated to any 
officer or employee other than the Commissioner.
    ``(h) Effect.--Nothing in this section shall affect the authority of 
the Secretary to request or participate in a voluntary recall, or to 
issue an order to cease distribution or to recall under any other 
provision of this chapter.

[[Page 136 STAT. 5857]]

``SEC. 612. <<NOTE: Time periods. 21 USC 364h.>>  SMALL 
                        BUSINESSES.

    ``(a) In General.--Responsible persons, and owners and operators of 
facilities, whose average gross annual sales in the United States of 
cosmetic products for the previous 3-year period is less than 
$1,000,000, adjusted for inflation, and who do not engage in the 
manufacturing or processing of the cosmetic products described in 
subsection (b), shall be considered small businesses and not subject to 
the requirements of section 606 or 607.
    ``(b) Requirements Applicable to All Manufacturers and Processors of 
Cosmetics.--The exemptions under subsection (a) shall not apply to any 
responsible person or facility engaged in the manufacturing or 
processing of any of the following products:
            ``(1) Cosmetic products that regularly come into contact 
        with mucus membrane of the eye under conditions of use that are 
        customary or usual.
            ``(2) Cosmetic products that are injected.
            ``(3) Cosmetic products that are intended for internal use.
            ``(4) Cosmetic products that are intended to alter 
        appearance for more than 24 hours under conditions of use that 
        are customary or usual and removal by the consumer is not part 
        of such conditions of use that are customary or usual.
``SEC. 613. <<NOTE: 21 USC 364i.>> EXEMPTION FOR CERTAIN PRODUCTS 
                        AND FACILITIES.

    ``(a) In General.--Notwithstanding any other provision of law, 
except as provided in subsection (b), a cosmetic product or facility 
that is also subject to the requirements of chapter V shall be exempt 
from the requirements of sections 605, 606, 607, 608, 609(a), 610, and 
611.
    ``(b) Exception.--A facility described in subsection (a) that also 
manufactures or processes cosmetic products that are not subject to the 
requirements of chapter V shall not be exempt from the requirements of 
sections 605, 606, 607, 608, 609(a), 610, and 611, with respect to such 
cosmetic products.
``SEC. 614. <<NOTE: 21 USC 364j.>> PREEMPTION.

    ``(a) In General.--No State or political subdivision of a State may 
establish or continue in effect any law, regulation, order, or other 
requirement for cosmetics that is different from or in addition to, or 
otherwise not identical with, any requirement applicable under this 
chapter with respect to registration and product listing, good 
manufacturing practice, records, recalls, adverse event reporting, or 
safety substantiation.
    ``(b) Limitation.--Nothing in the amendments to this Act made by the 
Modernization of Cosmetics Regulation Act of 2022 shall be construed to 
preempt any State statute, public initiative, referendum, regulation, or 
other State action, except as expressly provided in subsection (a). 
Notwithstanding subsection (a), nothing in this section shall be 
construed to prevent any State from prohibiting the use or limiting the 
amount of an ingredient in a cosmetic product, or from continuing in 
effect a requirement of any State that is in effect at the time of 
enactment of the Modernization of Cosmetics Regulation Act of 2022 for 
the reporting to the State of an ingredient in a cosmetic product.
    ``(c) Savings.--Nothing in the amendments to this Act made by the 
Modernization of Cosmetics Regulation Act of 2022, nor any standard, 
rule, requirement, regulation, or adverse event report shall be 
construed to modify, preempt, or displace any action for

[[Page 136 STAT. 5858]]

damages or the liability of any person under the law of any State, 
whether statutory or based in common law.
    ``(d) Rule of Construction.--Nothing in this section shall be 
construed to amend, expand, or limit the provisions under section 
752.''.
SEC. 3503. ENFORCEMENT AND CONFORMING AMENDMENTS.

    (a) In General.--
            (1) Prohibited acts.--Section 301 of the Federal Food, Drug, 
        and Cosmetic Act (21 U.S.C. 331), as amended by section 3210, is 
        further amended--
                    (A) by adding at the end the following:

    ``(hhh) The failure to register or submit listing information in 
accordance with section 607.
    ``(iii) The refusal or failure to follow an order under section 
611.''; and
                    (B) in paragraph (d), by striking ``or 564'' and 
                inserting ``, 564, or 607''.
            (2) Adulterated products.--Section 601 of the Federal Food, 
        Drug, and Cosmetic Act (21 U.S.C. 361) is amended by adding at 
        the end the following:

    ``(f) If it has been manufactured or processed under conditions that 
do not meet the good manufacturing practice requirements of section 606.
    ``(g) If it is a cosmetic product, and the cosmetic product, 
including each ingredient in the cosmetic product, does not have 
adequate substantiation for safety, as defined in section 608(c).''.
            (3) Misbranded cosmetics.--Section 602(b) of the Federal 
        Food, Drug, and Cosmetic Act (21 U.S.C. 362(b)) is amended--
                    (A) by striking ``and (2)'' and inserting ``(2)''; 
                and
                    (B) by inserting after ``numerical count'' the 
                following: ``; and (3) the information required under 
                section 609''.
            (4) Adverse event reporting.--The Federal Food, Drug, and 
        Cosmetic Act (21 U.S.C. 301 et seq.) is amended--
                    (A) in section 301(e) (21 U.S.C. 331(e))--
                          (i) by striking ``564, 703'' and inserting 
                      ``564, 605, 703''; and
                          (ii) by striking ``564, 760'' and inserting 
                      ``564, 605, 611, 760'';
                    (B) in section 301(ii) (21 U.S.C. 331(ii))--
                          (i) by striking ``760 or 761) or'' and 
                      inserting ``604, 760, or 761) or''; and
                          (ii) by inserting ``or required under section 
                      605(a)'' after ``report (as defined under section 
                      760 or 761'';
                    (C) in section 801(a) (21 U.S.C. 381(a))--
                          (i) by striking ``under section 760 or 761'' 
                      and inserting ``under section 605, 760, or 761'';
                          (ii) by striking ``defined in such section 760 
                      or 761'' and inserting ``defined in section 604, 
                      760, or 761'';
                          (iii) by striking ``of such section 760 or 
                      761'' and inserting ``of such section 605, 760, or 
                      761''; and
                          (iv) by striking ``described in such section 
                      760 or 761'' and inserting ``described in such 
                      section 605, 760, or 761''; and
                    (D) in section 801(b) (21 U.S.C. 381(b))--

[[Page 136 STAT. 5859]]

                          (i) by striking ``requirements of sections 760 
                      or 761,'' and inserting ``requirements of section 
                      605, 760, or 761'';
                          (ii) by striking ``as defined in section 760 
                      or 761'' and inserting ``as defined in section 
                      604, 760, or 761''; and
                          (iii) by striking ``with section 760 or 761'' 
                      and inserting ``with section 605, 760, or 761''.

    (b) Effective Dates.--
            (1) <<NOTE: 21 USC 331 note.>>  In general.--The amendments 
        made by subsection (a) shall take effect on the date that is 1 
        year after the date of enactment of this Act.
            (2) <<NOTE: 21 USC 364e note.>>  Labeling requirement.--
        Section 609(a) of the Federal Food, Drug, and Cosmetic Act, as 
        added by section 802, shall take effect on the date that is 2 
        years after the date of enactment of this Act.

    (c) <<NOTE: 21 USC 364 note.>>  Confidentiality.--
            (1) In general.--The Secretary shall take appropriate 
        measures to ensure that there are in effect effective procedures 
        to prevent the unauthorized disclosure of any trade secret or 
        confidential commercial information that is obtained by the 
        Secretary of Health and Human Services pursuant to this 
        subtitle, including the amendments made by this subtitle.
            (2) Clarification.--Nothing in this subtitle, including the 
        amendments made by this subtitle, shall be construed to 
        authorize the disclosure of information that is prohibited from 
        disclosure under section 301(j) of the Federal Food, Drug, and 
        Cosmetic Act (21 U.S.C. 331(j)) or section 1905 of title 18, 
        United States Code, or that is subject to withholding under 
        section 552(b)(4) of title 5, United States Code.
SEC. 3504. RECORDS INSPECTION.

    Section 704(a)(1) of the Federal Food, Drug, and Cosmetic Act (21 
U.S.C. 374(a)(1)) is amended by inserting after the second sentence the 
following: ``In the case of a facility (as defined in section 604) that 
manufactures or processes cosmetic products, the inspection shall extend 
to all records and other information described in sections 605, 606, and 
610, when the standard for records inspection under such section 
applies.''.
SEC. 3505. <<NOTE: Deadlines. Regulations. 21 USC 364d note.>>  
                          TALC-CONTAINING COSMETICS.

    The Secretary of Health and Human Services--
            (1) not later than one year after the date of enactment of 
        this Act, shall promulgate proposed regulations to establish and 
        require standardized testing methods for detecting and 
        identifying asbestos in talc-containing cosmetic products; and
            (2) not later than 180 days after the date on which the 
        public comment period on the proposed regulations closes, shall 
        issue such final regulations.
SEC. 3506. PFAS IN COSMETICS.

    (a) <<NOTE: Assessment.>>  In General.--The Secretary of Health and 
Human Services (referred to in this section as the ``Secretary'') shall 
assess the use of perfluoroalkyl and polyfluoroalkyl substances in 
cosmetic products and the scientific evidence regarding the safety of 
such use in cosmetic products, including any risks associated with such 
use. In conducting such assessment, the Secretary may, as appropriate, 
consult with the National Center for Toxicological Research.

[[Page 136 STAT. 5860]]

    (b) <<NOTE: Web posting. Summary.>>  Report.--Not later than 3 years 
after enactment of this Act, the Secretary shall publish on the website 
of the Food and Drug Administration a report summarizing the results of 
the assessment conducted under subsection (a).
SEC. 3507. SENSE OF THE CONGRESS ON ANIMAL TESTING.

    It is the sense of the Congress that animal testing should not be 
used for the purposes of safety testing on cosmetic products and should 
be phased out with the exception of appropriate allowances.
SEC. 3508. <<NOTE: Time periods.>>  FUNDING.

    There is authorized to be appropriated $14,200,000 for fiscal year 
2023, $25,960,000 for fiscal year 2024, and $41,890,000 for each of 
fiscal years 2025 through 2027, for purposes of conducting the 
activities under this subtitle (including the amendments made by this 
subtitle) and hiring personnel required to carry out this subtitle 
(including the amendments made by this subtitle).

                  Subtitle F--Cross-Cutting Provisions

          CHAPTER 1--CLINICAL TRIAL DIVERSITY AND MODERNIZATION

SEC. 3601. DIVERSITY ACTION PLANS FOR CLINICAL STUDIES.

    (a) Drugs.--Section 505 of the Federal Food, Drug, and Cosmetic Act 
(21 U.S.C. 355) is amended by adding at the end the following:
    ``(z)(1) With respect to a clinical investigation of a new drug that 
is a phase 3 study, as defined in section 312.21(c) of title 21, Code of 
Federal Regulations (or successor regulations), or, as appropriate, 
another pivotal study of a new drug (other than bioavailability or 
bioequivalence studies), the sponsor of such drug shall submit to the 
Secretary a diversity action plan.
    ``(2) Such diversity action plan shall include--
            ``(A) the sponsor's goals for enrollment in such clinical 
        study;
            ``(B) the sponsor's rationale for such goals; and
            ``(C) an explanation of how the sponsor intends to meet such 
        goals.

    ``(3) <<NOTE: Guidance. Deadline.>>  The sponsor shall submit to the 
Secretary such diversity action plan, in the form and manner specified 
by the Secretary in guidance, as soon as practicable but not later than 
the date on which the sponsor submits the protocol to the Secretary for 
such a phase 3 study or other pivotal study of the drug. The sponsor may 
submit modifications to the diversity action plan. Any such 
modifications shall be in the form and manner specified by the Secretary 
in guidance.

    ``(4)(A) <<NOTE: Waiver authority. Determination.>>  On the 
initiative of the Secretary or at the request of a sponsor, the 
Secretary may waive any requirement in paragraph (1), (2), or (3) if the 
Secretary determines that a waiver is necessary based on what is known 
or what can be determined about the prevalence or incidence of the 
disease or condition for which the new drug is under investigation 
(including in terms of the patient population that may use the drug), if 
conducting a clinical investigation in accordance with a diversity 
action plan

[[Page 136 STAT. 5861]]

would otherwise be impracticable, or if such waiver is necessary to 
protect public health during a public health emergency.

    ``(B) <<NOTE: Deadline.>>  The Secretary shall issue a written 
response granting or denying a request from a sponsor for a waiver 
within 60 days of receiving such request.

    ``(5) No diversity action plan shall be required for a submission 
described in section 561.''.
    (b) Devices.--Section 520(g) of the Federal Food, Drug, and Cosmetic 
Act (21 U.S.C. 360j(g)) is amended by adding at the end the following:
    ``(9)(A)(i) The sponsor of a device for which submission of an 
application for an investigational device exemption is required shall 
submit to the Secretary in such application a diversity action plan for 
clinical studies of the device, in the form and manner specified in 
guidance issued by the Secretary.
    ``(ii) The sponsor of a device for which submission of an 
application for an investigational device exemption is not required, 
except for a device being studied as described in section 812.2(c) of 
title 21, Code of Federal Regulations (or successor regulations), shall 
develop a diversity action plan for any clinical study with respect to 
the device. Such diversity action plan shall be submitted to the 
Secretary in any premarket notification under section 510(k), request 
for classification under section 513(f)(2), or application for premarket 
approval under section 515 for such device.
    ``(B) A diversity action plan under clause (i) or (ii) of 
subparagraph (A) shall include--
            ``(i) the sponsor's goals for enrollment in the clinical 
        study;
            ``(ii) the sponsor's rationale for such goals; and
            ``(iii) an explanation of how the sponsor intends to meet 
        such goals.

    ``(C)(i) <<NOTE: Waiver authority. Determination.>>  On the 
initiative of the Secretary or at the request of a sponsor, the 
Secretary may waive any requirement in subparagraph (A) or (B) if the 
Secretary determines that a waiver is necessary based on what is known 
or can be determined about the prevalence or incidence of the disease or 
condition for which the device is under investigation (including in 
terms of the patient population that may use the device), if conducting 
a clinical investigation in accordance with a diversity action plan 
would otherwise be impracticable, or if such waiver is necessary to 
protect public health during a public health emergency.

    ``(ii) <<NOTE: Deadline.>>  The Secretary shall issue a written 
response granting or denying a request from a sponsor for a waiver 
within 60 days of receiving such request.

    ``(D) No diversity action plan shall be required for a submission 
described in section 561.''.
SEC. 3602. GUIDANCE ON DIVERSITY ACTION PLANS FOR CLINICAL 
                          STUDIES.

    (a) <<NOTE: Update. 21 USC 355 note.>>  In General.--The Secretary 
shall update or issue guidance relating to--
            (1) the format and content of the diversity action plans 
        required by sections 505(z) and 520(g)(9) of the Federal Food, 
        Drug, and Cosmetic Act (21 U.S.C. 355(z); 360j(g)(9)) (as 
        amended by section 3601) pertaining to the sponsor's goals for 
        clinical study enrollment, disaggregated by age group, sex, and 
        racial and ethnic demographic characteristics of clinically 
        relevant study populations, and may include characteristics

[[Page 136 STAT. 5862]]

        such as geographic location and socioeconomic status, including 
        with respect to--
                    (A) the rationale for the sponsor's enrollment 
                goals, which may include--
                          (i) the estimated prevalence or incidence in 
                      the United States of the disease or condition for 
                      which the drug or device is being investigated in 
                      the relevant clinical trial, if such estimated 
                      prevalence or incidence is known or can be 
                      determined based on available data;
                          (ii) what is known about the disease or 
                      condition for which the drug or device is being 
                      investigated;
                          (iii) any relevant pharmacokinetic or 
                      pharmacogenomic data;
                          (iv) what is known about the patient 
                      population for such disease or condition, 
                      including, to the extent data is available--
                                    (I) demographic information, which 
                                may include age group, sex, race, 
                                geographic location, socioeconomic 
                                status, and ethnicity;
                                    (II) non-demographic factors, 
                                including co-morbidities affecting the 
                                patient population; and
                                    (III) potential barriers to 
                                enrolling diverse participants, such as 
                                patient population size, geographic 
                                location, and socioeconomic status; and
                          (v) any other data or information relevant to 
                      selecting appropriate enrollment goals, 
                      disaggregated by demographic subgroup, such as the 
                      inclusion of pregnant and lactating women; and
                    (B) an explanation for how the sponsor intends to 
                meet such goals, including demographic-specific outreach 
                and enrollment strategies, study-site selection, 
                clinical study inclusion and exclusion practices, and 
                any diversity training for study personnel;
            (2) submission of any modifications to the diversity action 
        plan;
            (3) considerations for the public posting by a sponsor of 
        key information from the diversity action plan that would be 
        useful to patients and providers on the sponsor's website, as 
        appropriate;
            (4) criteria that the Secretary will consider in assessing 
        whether to grant a sponsor's request to waive the requirement to 
        submit a diversity action plan under section 505(z)(4) or 
        520(g)(9)(C) of the Federal Food, Drug, and Cosmetic Act (as 
        amended by section 3601); and
            (5) how sponsors may include in regular reports otherwise 
        required by the Secretary--
                    (A) the sponsor's progress in meeting the goals 
                referred to in paragraph (1)(A); and
                    (B) any updates needed to be made to a diversity 
                action plan referred to in paragraph (1) to help meet 
                goals referred to in paragraph (1)(A); and
                    (C) if the sponsor does not expect to meet goals 
                referred to in paragraph (1)(A), the sponsor's reasons 
                for why the sponsor does not expect to meet such goals.

    (b) <<NOTE: Deadlines. 21 USC 355 note.>>  Issuance.--The Secretary 
shall--

[[Page 136 STAT. 5863]]

            (1) <<NOTE: Update.>>  not later than 12 months after the 
        date of enactment of this Act, issue new draft guidance or 
        update existing draft guidance described in subsection (a); and
            (2) <<NOTE: Public comments.>>  not later than 9 months 
        after closing the comment period on such draft guidance, 
        finalize such guidance.

    (c) <<NOTE: Effective date. 21 USC 355 note.>>  Applicability.--
Sections 505(z) and 520(g)(9) of the Federal Food, Drug, and Cosmetic 
Act, as added by section 3601, shall apply only with respect to clinical 
investigations for which enrollment commences after the date that is 180 
days after the publication of final guidance required under this 
section.
SEC. 3603. PUBLIC WORKSHOPS TO ENHANCE CLINICAL STUDY DIVERSITY.

    (a) <<NOTE: Deadline.>>  In General.--Not later than one year after 
the date of enactment of this Act, the Secretary, in consultation with 
drug sponsors, medical device sponsors, clinical research organizations, 
academia, patients, and other stakeholders, shall convene one or more 
public workshops to solicit input from stakeholders on increasing the 
enrollment of historically underrepresented populations in clinical 
studies and encouraging clinical study participation that reflects the 
prevalence of the disease or condition among demographic subgroups, 
where appropriate, and other topics, including--
            (1) how and when to collect and present the prevalence or 
        incidence data on a disease or condition by demographic 
        subgroup, including possible sources for such data and 
        methodologies for assessing such data;
            (2) considerations for the dissemination, as appropriate, 
        after approval, of information to the public on clinical study 
        enrollment demographic data;
            (3) the establishment of goals for enrollment in clinical 
        trials, including the relevance of the estimated prevalence or 
        incidence, as applicable, in the United States of the disease or 
        condition for which the drug or device is being developed; and
            (4) approaches to support inclusion of underrepresented 
        populations and to encourage clinical study participation that 
        reflects the population expected to use the drug or device under 
        study, including with respect to--
                    (A) the establishment of inclusion and exclusion 
                criteria for certain subgroups, such as pregnant and 
                lactating women and individuals with disabilities, 
                including intellectual or developmental disabilities or 
                mental illness;
                    (B) considerations regarding informed consent with 
                respect to individuals with intellectual or 
                developmental disabilities or mental illness, including 
                ethical and scientific considerations;
                    (C) the appropriate use of decentralized trials or 
                digital health tools;
                    (D) clinical endpoints;
                    (E) biomarker selection; and
                    (F) studying analysis.

    (b) <<NOTE: Public comment.>>  Public Docket.--The Secretary shall 
establish a public comment period to receive written comments related to 
the topics addressed during each public workshop convened under this 
section. The <<NOTE: Time period.>>  public comment period shall remain 
open for 60 days following the date on which each public workshop is 
convened.

[[Page 136 STAT. 5864]]

    (c) <<NOTE: Public information. Web posting.>>  Report.--Not later 
than 180 days after the close of the public comment period for each 
public workshop convened under this section, the Secretary shall make 
available on the public website of the Food and Drug Administration a 
report on the topics discussed at such workshop. 
The <<NOTE: Summary. Recommenda- tions.>>  report shall include a 
summary of topics and responses to any recommendations raised in such 
workshop.
SEC. 3604. <<NOTE: 21 USC 355 note.>>  ANNUAL SUMMARY REPORT ON 
                          PROGRESS TO INCREASE DIVERSITY IN 
                          CLINICAL STUDIES.

    (a) <<NOTE: Public information. Web posting.>>  In General.--
Beginning not later than 2 years after the date of enactment of this 
Act, and each year thereafter, the Secretary shall submit to the 
Congress, and publish on the public website of the Food and Drug 
Administration, a report that--
            (1) summarizes, in aggregate, the diversity action plans 
        received pursuant to section 505(z) or 520(g)(9) of the Federal 
        Food, Drug, and Cosmetic Act, as added by section 3601; and
            (2) contains information, in the aggregate, on--
                    (A) for drugs, biological products, and devices 
                approved, licensed, cleared, or classified under section 
                505, 515, 510(k), or 513(f)(2) of the Federal Food, 
                Drug, and Cosmetic Act (21 U.S.C. 355; 360e; 360(k); and 
                360(f)(2)), or section 351(a) of the Public Health 
                Service Act (42 U.S.C. 262(a)), whether the clinical 
                studies conducted with respect to such applications met 
                the demographic subgroup enrollment goals from the 
                diversity action plan submitted for such applications; 
                and
                    (B) the reasons provided, if any, for why enrollment 
                goals from submitted diversity action plans were not 
                met.

    (b) Confidentiality.--Nothing in this section shall be construed as 
authorizing the Secretary to disclose any information that is a trade 
secret or confidential information subject to section 552(b)(4) of title 
5, United States Code, or section 1905 of title 18, United States Code.
SEC. 3605. <<NOTE: Recommenda- tions.>>  PUBLIC MEETING ON 
                          CLINICAL STUDY FLEXIBILITIES INITIATED 
                          IN RESPONSE TO COVID-19 PANDEMIC.

    (a) <<NOTE: Deadline.>>  In General.--Not later than 180 days after 
the date on which the COVID-19 emergency period ends, the Secretary 
shall convene a public meeting to discuss the recommendations provided 
by the Food and Drug Administration during the COVID-19 emergency period 
to mitigate disruption of clinical studies, including recommendations 
detailed in the guidance entitled ``Conduct of Clinical Trials of 
Medical Products During the COVID-19 Public Health Emergency, Guidance 
for Industry, Investigators, and Institutional Review Boards'', as 
updated on August 8, 2021, and by any subsequent updates to such 
guidance. The Secretary shall invite to such meeting representatives 
from the pharmaceutical and medical device industries who sponsored 
clinical studies during the COVID-19 emergency period and organizations 
representing patients.

    (b) <<NOTE: Web posting. Reports.>>  Topics.--Not later than 90 days 
after the date on which the public meeting under subsection (a) is 
convened, the Secretary shall make available on the public website of 
the Food and Drug Administration a report on the topics discussed at 
such meeting. Such topics shall include discussion of--
            (1) the actions sponsors took to utilize such 
        recommendations and the frequency at which such recommendations 
        were employed;

[[Page 136 STAT. 5865]]

            (2) the characteristics of the sponsors, studies, and 
        patient populations impacted by such recommendations;
            (3) a consideration of how recommendations intended to 
        mitigate disruption of clinical studies during the COVID-19 
        emergency period, including any recommendations to consider 
        decentralized clinical studies when appropriate, may have 
        affected access to clinical studies for certain patient 
        populations, especially unrepresented or underrepresented racial 
        and ethnic minorities; and
            (4) recommendations for incorporating certain clinical study 
        disruption mitigation recommendations into current or additional 
        guidance to improve clinical study access and enrollment of 
        diverse patient populations.

    (c) COVID-19 Emergency Period Defined.--In this section, the term 
``COVID-19 emergency period'' has the meaning given the term ``emergency 
period'' in section 1135(g)(1)(B) of the Social Security Act (42 U.S.C. 
1320b-5(g)(1)(B)).
SEC. 3606. <<NOTE: Recommenda- tions. 21 USC 360a-1 note.>>  
                          DECENTRALIZED CLINICAL STUDIES.

    (a) <<NOTE: Deadlines.>>  Guidance.--The Secretary shall--
            (1) <<NOTE: Revision.>>  not later than 1 year after the 
        date of enactment of this Act, issue or revise draft guidance 
        that includes recommendations to clarify and advance the use of 
        decentralized clinical studies to support the development of 
        drugs and devices, including recommendations for how to advance 
        the use of flexible and novel clinical trial designs and to help 
        improve trial participant engagement, recruitment, enrollment, 
        and retention of a meaningfully diverse clinical population, 
        including with respect to race, ethnicity, age, sex, and 
        geographic location, when appropriate; and
            (2) not later than 1 year after closing the comment period 
        on such draft guidance, finalize such guidance.

    (b) Content of Guidance.--The guidance under subsection (a) shall 
address the following:
            (1) <<NOTE: Data.>>  Recommendations related to digital 
        health technology or other assessment options, such as 
        telehealth, local laboratories, local health care providers, or 
        other options for remote data collection, could support 
        decentralized clinical studies, including guidance on 
        considerations for selecting technological platforms and 
        mediums, data collection and use, data integrity and security, 
        and communication to study participants through digital 
        technology.
            (2) Recommendations for subject recruitment, retention, and 
        engagement, including considerations for sponsors to minimize or 
        reduce burdens for clinical study participants through the use 
        of digital health technology, telehealth, local health care 
        providers and laboratories, health care provider home visits, 
        direct-to-participant engagement, electronic informed consent, 
        or other means, as appropriate.
            (3) <<NOTE: Evaluation. Data.>>  Recommendations with 
        respect to the evaluation of data collected within a 
        decentralized clinical study setting.
            (4) <<NOTE: Data.>>  Recommendations for methods of remote 
        data collection, including clinical trial participant experience 
        data, through the use of digital health technologies, 
        telemedicine, local laboratories, local health care providers, 
        or other options for data collection.

[[Page 136 STAT. 5866]]

            (5) <<NOTE: Data.>>  Considerations for sponsors to minimize 
        or reduce burdens for clinical trial participants associated 
        with participating in a clinical trial, such as the use of 
        digital technologies, telemedicine, local laboratories, local 
        health care providers, or other data collection or assessment 
        options, health care provider home visits, direct-to-participant 
        shipping of investigational drugs and devices, and electronic 
        informed consent, as appropriate.
            (6) Recommendations regarding conducting decentralized 
        clinical trials to facilitate and encourage meaningful diversity 
        among clinical trial participants, including with respect to 
        race, ethnicity, age, sex, and geographic location, as 
        appropriate.
            (7) Recommendations for strategies and methods for 
        recruiting, retaining, and engaging with clinical trial 
        participants, including communication regarding the role of 
        clinical trial participants and community partners to facilitate 
        clinical trial recruitment and engagement, including with 
        respect to diverse and underrepresented populations, as 
        appropriate.
            (8) Considerations for review and oversight by sponsors and 
        institutional review boards, including remote trial oversight.
            (9) Recommendations for decentralized clinical trial 
        protocol designs and processes for evaluating such proposed 
        clinical trial designs.
            (10) <<NOTE: Data.>>  Recommendations related to digital 
        health technology and other remote assessment tools that may 
        support decentralized clinical trials, including guidance on 
        appropriate technological platforms and tools, data collection 
        and use, data integrity, and communication to clinical trial 
        participants through such technology.
            (11) <<NOTE: Assessment. Evaluation. Data.>>  A description 
        of the manner in which the Secretary will assess or evaluate 
        data collected within a decentralized clinical trial to support 
        the development of the drug or device, if the manner is 
        different from that used for a nondecentralized trial.
            (12) Considerations for sponsors to validate digital 
        technologies and establish appropriate clinical endpoints for 
        use in decentralized trials.
            (13) Considerations for privacy and security of personally 
        identifiable information of trial participants.
            (14) Considerations for conducting clinical trials using 
        centralized approaches in conjunction with decentralized 
        approaches.

    (c) Definition.--In this section, the term ``decentralized clinical 
study'' means a clinical study in which some or all of the study-related 
activities occur at a location separate from the investigator's 
location.
SEC. 
                          3607. <<NOTE: Deadlines. Revisions. Guidance. Reviews. Recommen
                          da- tions. 21 USC 360a-1 note.>>  
                          MODERNIZING CLINICAL TRIALS.

    (a) Clarifying the Use of Digital Health Technologies in Clinical 
Trials.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, the Secretary shall issue or revise draft 
        guidance regarding the appropriate use of digital health 
        technologies in clinical trials to help improve recruitment for, 
        retention in, participation in, and data collection during, 
        clinical trials, and provide for novel clinical trial designs 
        utilizing such technology for purposes of supporting the 
        development of, and

[[Page 136 STAT. 5867]]

        review of applications for, drugs and devices. Not later than 18 
        months after the public comment period on such draft guidance 
        ends, the Secretary shall issue a revised draft guidance or 
        final guidance.
            (2) Content.--The guidance described in paragraph (1) shall 
        include--
                    (A) recommendations for data collection 
                methodologies by which sponsors may incorporate the use 
                of digital health technologies in clinical trials to 
                collect data remotely from trial participants;
                    (B) considerations for privacy and security 
                protections for data collected during a clinical trial, 
                including--
                          (i) recommendations for the protection of 
                      trial participant data that are collected or used 
                      in research using digital health technologies;
                          (ii) compliance with the regulations 
                      promulgated under section 264(c) of the Health 
                      Insurance Portability and Accountability Act of 
                      1996 (42 U.S.C. 1320d-2 note), subpart B of part 
                      50 of title 21, Code of Federal Regulations, 
                      subpart C of part 56 of title 21, Code of Federal 
                      Regulations, the Federal policy for the protection 
                      of human subjects under subpart A of part 46 of 
                      title 45, Code of Federal Regulations (commonly 
                      known as the ``Common Rule''), and part 2 of title 
                      42, Code of Federal Regulations (or any successor 
                      regulations); and
                          (iii) recommendations for the protection of 
                      clinical trial participant data against 
                      cybersecurity threats, as applicable;
                    (C) considerations on data collection methods to 
                help increase recruitment of clinical trial participants 
                and the level of participation of such participants, 
                reduce burden on clinical trial participants, and 
                optimize data quality;
                    (D) recommendations for the use of electronic 
                methods to obtain informed consent from clinical trial 
                participants, taking into consideration applicable 
                Federal law, including subpart B of part 50 of title 21, 
                Code of Federal Regulations (or successor regulations), 
                and, as appropriate, State law;
                    (E) best practices for communication between 
                sponsors and the Secretary on the development of data 
                collection methods;
                    (F) the appropriate format to submit such data to 
                the Secretary;
                    (G) a description of the manner in which the 
                Secretary may assess or evaluate data collected through 
                digital health technologies to support the development 
                of the drug or device;
                    (H) recommendations regarding the data and 
                information needed to demonstrate that a digital health 
                technology is fit-for-purpose for a clinical trial, and 
                a description of how the Secretary will evaluate such 
                data and information; and
                    (I) recommendations for increasing access to, and 
                the use of, digital health technologies in clinical 
                trials to facilitate the inclusion of diverse and 
                underrepresented populations, as appropriate, including 
                considerations for access

[[Page 136 STAT. 5868]]

                to, and the use of, digital health technologies in 
                clinical trials by people with disabilities and 
                pediatric populations.

    (b) Seamless and Concurrent Clinical Trials.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, the Secretary shall issue or revise draft 
        guidance on the use of seamless, concurrent, and other 
        innovative clinical trial designs to support the expedited 
        development and review of applications for drugs, as 
        appropriate. Not later than 18 months after the public comment 
        period on such draft guidance ends, the Secretary shall issue a 
        revised draft guidance or final guidance.
            (2) Content.--The guidance described in paragraph (1) shall 
        include--
                    (A) recommendations on the use of expansion cohorts 
                and other seamless clinical trial designs to assess 
                different aspects of product candidates in one 
                continuous trial, including how such clinical trial 
                designs can be used as part of meeting the substantial 
                evidence standard under section 505(d) of the Federal 
                Food, Drug, and Cosmetic Act (21 U.S.C. 355(d));
                    (B) recommendations on the use of clinical trial 
                designs that involve the concurrent conduct of different 
                or multiple clinical trial phases, and the concurrent 
                conduct of preclinical testing, to expedite the 
                development of new drugs and facilitate the timely 
                collection of data;
                    (C) <<NOTE: Analysis.>>  recommendations for how to 
                streamline trial logistics and facilitate the efficient 
                collection and analysis of clinical trial data, 
                including any planned interim analyses and how such 
                analyses could be used to streamline the product 
                development and review processes;
                    (D) considerations to assist sponsors in ensuring 
                the rights, safety, and welfare of clinical trial 
                participants, maintaining compliance with good clinical 
                practice regulations, minimizing risks to clinical trial 
                data integrity, and ensuring the reliability of clinical 
                trial results;
                    (E) recommendations for communication between 
                sponsors and the Food and Drug Administration on the 
                development of seamless, concurrent, or other adaptive 
                clinical trial designs, including review of, and 
                feedback on, clinical trial protocols; and
                    (F) a description of the manner in which the 
                Secretary will assess or evaluate data collected through 
                seamless, concurrent, or other adaptive clinical trial 
                designs to support the development of drugs.

    (c) <<NOTE: Memorandums.>>  International Harmonization.--The 
Secretary shall, as appropriate, work with foreign regulators pursuant 
to memoranda of understanding or other arrangements governing the 
exchange of information to facilitate international harmonization of the 
regulation and use of decentralized clinical trials, digital technology 
in clinical trials, and seamless, concurrent, and other adaptive or 
innovative clinical trial designs.

[[Page 136 STAT. 5869]]

                         CHAPTER 2--INSPECTIONS

SEC. 3611. DEVICE INSPECTIONS.

    (a) In General.--Section 704(a)(1) of the Federal Food, Drug, and 
Cosmetic Act (21 U.S.C. 374(a)(1)) is amended by striking ``restricted 
devices'' each place it appears and inserting ``devices''.
    (b) Records or Other Information.--
            (1) Establishments.--Section 704(a)(4)(A) of the Federal 
        Food, Drug, and Cosmetic Act (21 U.S.C. 374(a)(4)(A)) is 
        amended--
                    (A) by striking ``an establishment that is engaged 
                in the manufacture, preparation, propagation, 
                compounding, or processing of a drug'' and inserting 
                ``an establishment that is engaged in the manufacture, 
                preparation, propagation, compounding, or processing of 
                a drug or device, or a site or facility that is subject 
                to inspection under paragraph (5)(C),''; and
                    (B) by striking ``records requested.'' and inserting 
                the following: ``records or other information requested 
                and a rationale for requesting such records or other 
                information in advance of, or in lieu of, an 
                inspection.''.
            (2) <<NOTE: 21 USC 374 note.>>  Guidance.--
                    (A) <<NOTE: Update.>>  In general.--The Secretary 
                shall issue or update guidance describing--
                          (i) circumstances in which the Secretary 
                      intends to issue requests for records or other 
                      information in advance of, or in lieu of, an 
                      inspection under section 704(a)(4) of the Federal 
                      Food, Drug, and Cosmetic Act, as amended by 
                      paragraph (1);
                          (ii) processes for responding to such requests 
                      electronically or in physical form; and
                          (iii) factors the Secretary intends to 
                      consider in evaluating whether such records and 
                      other information are provided within a reasonable 
                      timeframe, within reasonable limits, and in a 
                      reasonable manner, accounting for resource and 
                      other limitations that may exist, including for 
                      small businesses.
                    (B) <<NOTE: Deadlines.>>  Timing.--The Secretary 
                shall--
                          (i) not later than 1 year after the date of 
                      enactment of this Act, issue draft guidance under 
                      subparagraph (A); and
                          (ii) not later than 1 year after the close of 
                      the comment period for such draft guidance, issue 
                      final guidance under subparagraph (A).
SEC. 3612. <<NOTE: Records.>>  BIORESEARCH MONITORING INSPECTIONS.

    (a) In General.--Section 704(a) of the Federal Food, Drug, and 
Cosmetic Act (21 U.S.C. 374(a)) is amended by adding at the end the 
following:
    ``(5)(A) The Secretary may, to ensure the accuracy and reliability 
of studies and records or other information described in subparagraph 
(B) and to assess compliance with applicable requirements under this Act 
or the Public Health Service Act, enter sites and facilities specified 
in subparagraph (C) in order to inspect such records or other 
information.

[[Page 136 STAT. 5870]]

    ``(B) An inspection under this paragraph shall extend to all records 
and other information related to the studies and submissions described 
in subparagraph (E), including records and information related to the 
conduct, results, and analyses of, and the protection of human and 
animal trial participants participating in, such studies.
    ``(C)(i) The sites and facilities subject to inspection by the 
Secretary under this paragraph are those owned or operated by a person 
described in clause (ii) and which are (or were) utilized by such person 
in connection with--
            ``(I) developing an application or other submission to the 
        Secretary under this Act or the Public Health Service Act 
        related to marketing authorization for a product described in 
        paragraph (1);
            ``(II) preparing, conducting, or analyzing the results of a 
        study described in subparagraph (E); or
            ``(III) holding any records or other information described 
        in subparagraph (B).

    ``(ii) A person described in this clause is--
            ``(I) the sponsor of an application or submission specified 
        in subparagraph (E);
            ``(II) a person engaged in any activity described in clause 
        (i) on behalf of such a sponsor, through a contract, grant, or 
        other business arrangement with such sponsor;
            ``(III) an institutional review board, or other individual 
        or entity, engaged by contract, grant, or other business 
        arrangement with a nonsponsor in preparing, collecting, or 
        analyzing records or other information described in subparagraph 
        (B); or
            ``(IV) any person not otherwise described in this clause 
        that conducts, or has conducted, a study described in 
        subparagraph (E) yielding records or other information described 
        in subparagraph (B).

    ``(D)(i) Subject to clause (ii), an entity that owns or operates any 
site or facility subject to inspection under this paragraph shall 
provide the Secretary with access to records and other information 
described in subparagraph (B) that is held by or under the control of 
such entity, including--
            ``(I) permitting the Secretary to record or copy such 
        information for purposes of this paragraph;
            ``(II) providing the Secretary with access to any electronic 
        information system utilized by such entity to hold, process, 
        analyze, or transfer any records or other information described 
        in subparagraph (B); and
            ``(III) permitting the Secretary to inspect the facilities, 
        equipment, written procedures, processes, and conditions through 
        which records or other information described in subparagraph (B) 
        is or was generated, held, processed, analyzed, or transferred.

    ``(ii) Nothing in clause (i) shall negate, supersede, or otherwise 
affect the applicability of provisions, under this or any other Act, 
preventing or limiting the disclosure of confidential commercial 
information or other information considered proprietary or trade secret.
    ``(iii) An inspection under this paragraph shall be conducted at 
reasonable times and within reasonable limits and in a reasonable 
manner.

[[Page 136 STAT. 5871]]

    ``(E) <<NOTE: Studies.>>  The studies and submissions described in 
this subparagraph are each of the following:
            ``(i) Clinical and nonclinical studies submitted to the 
        Secretary in support of, or otherwise related to, applications 
        and other submissions to the Secretary under this Act or the 
        Public Health Service Act for marketing authorization of a 
        product described in paragraph (1).
            ``(ii) Postmarket safety activities conducted under this Act 
        or the Public Health Service Act.
            ``(iii) Any other clinical investigation of--
                    ``(I) a drug subject to section 505 or 512 of this 
                Act or section 351 of the Public Health Service Act; or
                    ``(II) a device subject to section 520(g).
            ``(iv) <<NOTE: Determination.>>  Any other submissions made 
        under this Act or the Public Health Service Act with respect to 
        which the Secretary determines an inspection under this 
        paragraph is warranted in the interest of public health.

    ``(F) This paragraph clarifies the authority of the Secretary to 
conduct inspections of the type described in this paragraph and shall 
not be construed as a basis for inferring that, prior to the date of 
enactment of this paragraph, the Secretary lacked the authority to 
conduct such inspections, including under this Act or the Public Health 
Service Act.''.
    (b) <<NOTE: 21 USC 374 note.>>  Review of Processes and Practices; 
Guidance for Industry.--
            (1) In general.--The Secretary shall--
                    (A) review processes and practices in effect as of 
                the date of enactment of this Act applicable to 
                inspections of foreign and domestic sites and facilities 
                described in subparagraph (C)(i) of section 704(a)(5) of 
                the Federal Food, Drug, and Cosmetic Act, as added by 
                subsection (a); and
                    (B) <<NOTE: Evaluation.>>  evaluate whether any 
                updates are needed to facilitate the consistency of such 
                processes and practices.
            (2) Guidance.--
                    (A) In general.--The Secretary shall issue guidance 
                describing the processes and practices applicable to 
                inspections of sites and facilities described in 
                subparagraph (C)(i) of section 704(a)(5) of the Federal 
                Food, Drug, and Cosmetic Act, as added by subsection 
                (a), including with respect to the types of records and 
                information required to be provided, best practices for 
                communication between the Food and Drug Administration 
                and industry in advance of or during an inspection or 
                request for records or other information, and other 
                inspections-related conduct, to the extent not specified 
                in existing publicly available Food and Drug 
                Administration guides and manuals for such inspections.
                    (B) <<NOTE: Deadlines.>>  Timing.--The Secretary 
                shall--
                          (i) not later than 18 months after the date of 
                      enactment of this Act, issue draft guidance under 
                      subparagraph (A); and
                          (ii) not later than 1 year after the close of 
                      the public comment period for such draft guidance, 
                      issue final guidance under subparagraph (A).

[[Page 136 STAT. 5872]]

SEC. 3613. IMPROVING FOOD AND DRUG ADMINISTRATION INSPECTIONS.

    (a) Risk Factors for Establishments.--Section 510(h)(4) of the 
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360(h)(4)) is amended--
            (1) by redesignating subparagraph (F) as subparagraph (G); 
        and
            (2) by inserting after subparagraph (E) the following:
                    ``(F) The compliance history of establishments in 
                the country or region in which the establishment is 
                located that are subject to regulation under this Act, 
                including the history of violations related to products 
                exported from such country or region that are subject to 
                such regulation.''.

    (b) Use of Records.--Section 704(a)(4) of the Federal Food, Drug, 
and Cosmetic Act (21 U.S.C. 374(a)(4)) is amended--
            (1) by redesignating subparagraph (C) as subparagraph (D); 
        and
            (2) by inserting after subparagraph (B) the following:

    ``(C) The Secretary may rely on any records or other information 
that the Secretary may inspect under this section to satisfy 
requirements that may pertain to a preapproval or risk-based 
surveillance inspection, or to resolve deficiencies identified during 
such inspections, if applicable and appropriate.''.
    (c) Recognition of Foreign Government Inspections.--Section 809 of 
the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 384e) is amended--
            (1) in subsection (a)(1), by inserting ``preapproval or'' 
        before ``risk-based inspections''; and
            (2) by adding at the end the following:

    ``(c) Periodic Review.--
            ``(1) <<NOTE: Deadline. Assessments.>>  In general.--
        Beginning not later than 1 year after the date of the enactment 
        of the Food and Drug Omnibus Reform Act of 2022, the Secretary 
        shall periodically assess whether additional arrangements and 
        agreements with a foreign government or an agency of a foreign 
        government, as allowed under this section, are appropriate.
            ``(2) Reports to congress.--Beginning not later than 4 years 
        after the date of the enactment of the Food and Drug Omnibus 
        Reform Act of 2022, and every 4 years thereafter, the Secretary 
        shall submit to the Committee on Energy and Commerce of the 
        House of Representatives and the Committee on Health, Education, 
        Labor, and Pensions of the Senate a report describing the 
        findings and conclusions of each review conducted under 
        paragraph (1).''.
SEC. 3614. GAO REPORT ON INSPECTIONS OF FOREIGN ESTABLISHMENTS 
                          MANUFACTURING DRUGS.

    (a) In General.--Not later than 18 months after the date of the 
enactment of this Act, the Comptroller General of the United States 
shall submit to the Committee on Energy and Commerce of the House of 
Representatives and the Committee on Health, Education, Labor, and 
Pensions of the Senate a report on inspections conducted by--
            (1) the Secretary of foreign establishments pursuant to 
        subsections (h) and (i) of section 510 and section 704 of the 
        Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360; 374); or

[[Page 136 STAT. 5873]]

            (2) a foreign government or an agency of a foreign 
        government pursuant to section 809 of such Act (21 U.S.C. 384e).

    (b) Contents.--The report conducted under subsection (a) shall 
include--
            (1) what alternative tools, including remote inspections or 
        remote evaluations, other countries are utilizing to facilitate 
        inspections of foreign establishments;
            (2) how frequently trusted foreign regulators conduct 
        inspections of foreign facilities that could be useful to the 
        Food and Drug Administration to review in lieu of its own 
        inspections;
            (3) how frequently and under what circumstances, including 
        for what types of inspections, the Secretary utilizes existing 
        agreements or arrangements under section 809 of the Federal 
        Food, Drug, and Cosmetic Act (21 U.S.C. 384e) and whether the 
        use of such agreements could be appropriately expanded;
            (4) whether the Secretary has accepted reports of 
        inspections of facilities in China and India conducted by 
        entities with which they have entered into such an agreement or 
        arrangement;
            (5) what additional foreign governments or agencies of 
        foreign governments the Secretary has considered entering into a 
        mutual recognition agreement with and, if applicable, reasons 
        why the Secretary declined to enter into a mutual recognition 
        agreement with such foreign governments or agencies;
            (6) what tools, if any, the Secretary used to facilitate 
        inspections of domestic facilities that could also be 
        effectively utilized to appropriately inspect foreign 
        facilities;
            (7) what steps the Secretary has taken to identify and 
        evaluate tools and strategies the Secretary may use to continue 
        oversight with respect to inspections when in-person inspections 
        are disrupted;
            (8) how the Secretary is considering incorporating 
        alternative tools into the inspection activities conducted 
        pursuant to the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 
        301 et seq.); and
            (9) what steps the Secretary has taken to identify and 
        evaluate how the Secretary may use alternative tools to address 
        workforce shortages to carry out such inspection activities.
SEC. 3615. <<NOTE: 21 USC 374 note.>>  UNANNOUNCED FOREIGN 
                          FACILITY INSPECTIONS PILOT PROGRAM.

    (a) <<NOTE: Evaluations.>>  In General.--The Secretary shall conduct 
a pilot program under which the Secretary increases the conduct of 
unannounced surveillance inspections of foreign human drug 
establishments and evaluates the differences between such inspections of 
domestic and foreign human drug establishments, including the impact of 
announcing inspections to persons who own or operate foreign human drug 
establishments in advance of an inspection. Such pilot program shall 
evaluate--
            (1) differences in the number and type of violations of 
        section 501(a)(2)(B) of the Federal Food, Drug, and Cosmetic Act 
        (21 U.S.C. 351(a)(2)(B)) identified as a result of unannounced 
        and announced inspections of foreign human drug establishments 
        and any other significant differences between each type of 
        inspection;

[[Page 136 STAT. 5874]]

            (2) <<NOTE: Cost benefits.>>  costs and benefits associated 
        with conducting announced and unannounced inspections of foreign 
        human drug establishments;
            (3) barriers to conducting unannounced inspections of 
        foreign human drug establishments and any challenges to 
        achieving parity between domestic and foreign human drug 
        establishment inspections; and
            (4) approaches for mitigating any negative effects of 
        conducting announced inspections of foreign human drug 
        establishments.

    (b) Pilot Program Scope.--The inspections evaluated under the pilot 
program under this section shall be routine surveillance inspections and 
shall not include inspections conducted as part of the Secretary's 
evaluation of a request for approval to market a drug submitted under 
the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.) or the 
Public Health Service Act (42 U.S.C. 201 et seq.).
    (c) <<NOTE: Deadline.>>  Pilot Program Initiation.--The Secretary 
shall initiate the pilot program under this section not later than 180 
days after the date of enactment of this Act.

    (d) <<NOTE: Public information. Web posting. Recommenda- tions.>>  
Report.--The Secretary shall, not later than 180 days following the 
completion of the pilot program under this section, make available on 
the website of the Food and Drug Administration a final report on the 
pilot program under this section, including--
            (1) findings and any associated recommendations with respect 
        to the evaluation under subsection (a), including any 
        recommendations to address identified barriers to conducting 
        unannounced inspections of foreign human drug establishments;
            (2) findings and any associated recommendations regarding 
        how the Secretary may achieve parity between domestic and 
        foreign human drug inspections; and
            (3) the number of unannounced inspections during the pilot 
        program that would not be unannounced under practices in use as 
        of the date of the enactment of this Act.
SEC. 3616. ENHANCING COORDINATION AND TRANSPARENCY ON INSPECTIONS.

    (a) Coordination.--Section 506D of the Federal Food, Drug, and 
Cosmetic Act (21 U.S.C. 356d) is amended--
            (1) by adding at the end the following:

    ``(g) Coordination.--The Secretary shall ensure timely and effective 
internal coordination and alignment among the field investigators of the 
Food and Drug Administration and the staff of the Center for Drug 
Evaluation and Research's Office of Compliance and Drug Shortage Program 
regarding--
            ``(1) the reviews of reports shared pursuant to section 
        704(b)(2); and
            ``(2) any feedback or corrective or preventive actions in 
        response to such reports.''; and
            (2) by amending subsection (f) to read as follows:

    ``(f) Temporary Sunset.--Subsection (a) shall cease to be effective 
on the date that is 5 years after the date of enactment of the Food and 
Drug Administration Safety and Innovation Act. <<NOTE: Time period.>>  
Subsections (b), (c), and (e) shall not be in effect during the period 
beginning 5 years after the date of enactment of the Food and Drug 
Administration Safety and Innovation Act and ending on

[[Page 136 STAT. 5875]]

the date of enactment of the Food and Drug Omnibus Reform Act of 
2022. <<NOTE: Effective date.>>  Subsections (b), (c), and (e) shall be 
in effect beginning on the date of enactment of the Food and Drug 
Omnibus Reform Act of 2022.''.

    (b) Reporting.--
            (1) Amendments.--Section 506C-1(a) of the Federal Food, 
        Drug, and Cosmetic Act (21 U.S.C. 356c-1(a)) is amended--
                    (A) by redesignating paragraphs (3) through (7) as 
                paragraphs (5) through (9), respectively;
                    (B) by inserting after paragraph (2) the following:
            ``(3) describes the coordination and alignment activities 
        undertaken pursuant to section 506D(g);
            ``(4) provides the number of reports that were required 
        under section 704(b)(2) to be sent to the appropriate offices of 
        the Food and Drug Administration with expertise regarding drug 
        shortages, and the number of such reports that were sent;''; and
                    (C) in paragraph (5)(A), as so redesignated, by 
                striking ``paragraph (7)'' and inserting ``paragraph 
                (9)''.
            (2) <<NOTE: 21 USC 356c-1 note.>>  Applicability.--The 
        amendments made by paragraph (1) shall apply with respect to 
        reports submitted under section 506C-1 of the Federal Food, 
        Drug, and Cosmetic Act (21 U.S.C. 356c-1) on or after March 31, 
        2024. 

    (c) Reporting of Mutual Recognition Agreements for Inspections and 
Review Activities.--Section 510(h) of the Federal Food, Drug, and 
Cosmetic Act (21 U.S.C. 360(h)) is amended--
            (1) in paragraph (6)--
                    (A) in the matter preceding subparagraph (A), by 
                striking ``Beginning in 2014, not'' and inserting 
                ``Not'';
                    (B) by amending subparagraph (A) to read as follows:
                    ``(A)(i) <<NOTE: Time period.>>  the number of 
                domestic and foreign establishments registered pursuant 
                to this section in the previous fiscal year;
                    ``(ii) the number of such registered establishments 
                in each region of interest;
                    ``(iii) the number of such domestic establishments 
                and the number of such foreign establishments, including 
                the number of establishments in each region of interest, 
                that the Secretary inspected in the previous fiscal 
                year;
                    ``(iv) the number of inspections to support actions 
                by the Secretary on applications under section 505 of 
                this Act or section 351 of the Public Health Service 
                Act, including the number of inspections to support 
                actions by the Secretary on supplemental applications, 
                including changes to manufacturing processes, the 
                Secretary conducted in the previous fiscal year;
                    ``(v) the number of routine surveillance inspections 
                the Secretary conducted in the previous fiscal year, 
                including in each region of interest;
                    ``(vi) the number of for-cause inspections the 
                Secretary conducted in the previous fiscal year, not 
                including inspections described in clause (iv), 
                including in each region of interest; and
                    ``(vii) the number of inspections the Secretary has 
                recognized pursuant to an agreement entered into 
                pursuant to section 809, or otherwise recognized, for 
                each of the types of inspections described in clauses 
                (v) and (vi),

[[Page 136 STAT. 5876]]

                including for inspections of establishments in each 
                region of interest.'';
                    (C) in subparagraph (B), by striking ``; and'' and 
                inserting a semicolon;
                    (D) in subparagraph (C), by striking the period and 
                inserting ``; and''; and
                    (E) by adding at the end the following:
                    ``(D) the status of the efforts of the Food and Drug 
                Administration to expand its recognition of inspections 
                conducted or recognized by foreign regulatory 
                authorities under section 809, including any obstacles 
                to expanding the use of such recognition.''; and
            (2) by adding at the end the following:
            ``(7) <<NOTE: Definition.>>  Region of interest.--For 
        purposes of paragraph (6)(A), the term `region of interest' 
        means a foreign geographic region or country, including the 
        People's Republic of China, India, the European Union, the 
        United Kingdom, and any other country or geographic region, as 
        the Secretary determines appropriate.''.
SEC. 3617. ENHANCING TRANSPARENCY OF DRUG FACILITY INSPECTION 
                          TIMELINES.

    Section 902 of the FDA Reauthorization Act of 2017 (21 U.S.C. 355 
note) is amended to read as follows:
``SEC. 902. ANNUAL REPORT ON INSPECTIONS.

    ``Not <<NOTE: Public information. Web posting. Time period.>>  later 
than 120 days after the end of each fiscal year, the Secretary of Health 
and Human Services shall post on the website of the Food and Drug 
Administration information related to inspections of facilities 
necessary for approval of a drug under subsection (c) or (j) of section 
505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355) or 
approval of a device under section 515 of such Act (21 U.S.C. 360e) that 
were conducted during the previous fiscal year. Such information shall 
include the following:
            ``(1) The median time following a request from staff of the 
        Food and Drug Administration reviewing an application or report 
        to the beginning of the inspection, including--
                    ``(A) the median time for drugs described in 
                505(j)(11)(A)(i) of the Federal Food, Drug, and Cosmetic 
                Act (21 U.S.C. 355(j)(11)(A)(i));
                    ``(B) the median time for drugs for which a 
                notification has been submitted in accordance with 
                section 506C(a) of such Act (21 U.S.C. 356c(a)) during 
                the previous fiscal year; and
                    ``(C) the median time for drugs on the drug shortage 
                list in effect under section 506E of such Act (21 U.S.C. 
                356e) at the time of such request.
            ``(2) The median time from the issuance of a report pursuant 
        to section 704(b) of the Federal Food, Drug, and Cosmetic Act 
        (21 U.S.C. 374(b)) to the sending of a warning letter, issuance 
        of an import alert, or holding of a regulatory meeting for 
        inspections for which the Secretary concluded that regulatory or 
        enforcement action was indicated, including the median time for 
        each category of drugs listed in subparagraphs (A) through (C) 
        of paragraph (1).
            ``(3) The median time from the sending of a warning letter, 
        issuance of an import alert, or holding of a regulatory meeting

[[Page 136 STAT. 5877]]

        related to conditions observed by the Secretary during an 
        inspection, to the time at which the Secretary concludes that 
        corrective actions to resolve such conditions have been taken.
            ``(4) The number of facilities that failed to implement 
        adequate corrective or preventive actions following a report 
        issued pursuant to such section 704(b), resulting in a withhold 
        recommendation for an application under review, including the 
        number of such facilities manufacturing each category of drugs 
        listed in subparagraphs (A) through (C) of paragraph (1).''.

                        CHAPTER 3--MISCELLANEOUS

SEC. 3621. REGULATION OF CERTAIN PRODUCTS AS DRUGS.

    Section 503 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 
353) is amended by adding at the end the following:
    ``(h)(1) Any contrast agent, radioactive drug, or OTC monograph drug 
shall be deemed to be a drug under section 201(g) and not a device under 
section 201(h).
    ``(2) <<NOTE: Definitions.>>  For purposes of this subsection:
            ``(A) The term `contrast agent' means an article that is 
        intended for use in conjunction with a medical imaging device, 
        and--
                    ``(i) is a diagnostic radiopharmaceutical, as 
                defined in sections 315.2 and 601.31 of title 21, Code 
                of Federal Regulations (or any successor regulations); 
                or
                    ``(ii) is a diagnostic agent that improves the 
                visualization of structure or function within the body 
                by increasing the relative difference in signal 
                intensity within the target tissue, structure, or fluid.
            ``(B) The term `radioactive drug' has the meaning given such 
        term in section 310.3(n) of title 21, Code of Federal 
        Regulations (or any successor regulations), except that such 
        term does not include--
                    ``(i) an implant or article similar to an implant;
                    ``(ii) an article that applies radiation from 
                outside of the body; or
                    ``(iii) the radiation source of an article described 
                in clause (i) or (ii).
            ``(C) The term `OTC monograph drug' has the meaning given 
        such term in section 744L.

    ``(3) Nothing in this subsection shall be construed as allowing for 
the classification of a product as a drug (as defined in section 201(g)) 
if such product--
            ``(A) is not described in paragraph (1); and
            ``(B) meets the definition of a device under section 201(h),

unless another provision of this Act otherwise indicates a different 
classification.
    ``(4) <<NOTE: Waiver authority.>>  The Secretary shall waive the 
application fee under sections 736 and 744B for applications for drugs 
that are--
            ``(A) on the date of enactment of the Prescription Drug User 
        Fee Amendments of 2022, legally marketed as devices; and
            ``(B) deemed drugs pursuant to paragraph (1)''.

[[Page 136 STAT. 5878]]

SEC. 3622. <<NOTE: Deadline.>>  WOMEN'S HEALTH RESEARCH ROADMAP.

    Not later than 2 years after the date of enactment of this Act, the 
Office of Women's Health of the Food and Drug Administration, 
established under section 1011 of the Federal Food, Drug, and Cosmetic 
Act (21 U.S.C. 399b), shall--
            (1) <<NOTE: Review. Update.>>  review and, as appropriate, 
        update the Women's Health Research Roadmap issued in December 
        2015; and
            (2) <<NOTE: Briefing.>>  brief the Committee on Health, 
        Education, Labor, and Pensions of the Senate and the Committee 
        on Energy and Commerce of the House of Representatives on the 
        review and, as appropriate, any resulting update.
SEC. 3623. STRATEGIC WORKFORCE PLAN AND REPORT.

    Chapter VII of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 
371 et seq.) is amended by inserting after section 714A the following:
``SEC. 714B. <<NOTE: 21 USC 379d-3b.>>  STRATEGIC WORKFORCE PLAN 
                          AND REPORT.

    ``(a) <<NOTE: Public information. Web posting. Strategy.>>  In 
General.--Not later than September 30, 2023, and at least every 4 years 
thereafter, the Secretary shall develop, begin implementation of, and 
submit to the appropriate committees of Congress and post on the website 
of the Food and Drug Administration, a coordinated strategy and report 
to provide direction for the activities and programs of the Secretary to 
recruit, hire, train, develop, and retain the workforce needed to 
fulfill the public health mission of the Food and Drug Administration, 
including to facilitate collaboration across centers, to keep pace with 
new biomedical, technological, and scientific advancements, and support 
the development, review, and regulation of medical products. Each such 
report shall be known as the `Food and Drug Administration Strategic 
Workforce Plan'.

    ``(b) Use of the Food and Drug Administration Strategic Workforce 
Plan.-- <<NOTE: Update.>> Each center within the Food and Drug 
Administration shall develop and update, as appropriate, a strategic 
plan that will be informed by the Food and Drug Administration Strategic 
Workforce Plans developed under subsection (a).

    ``(c) Contents of the Food and Drug Administration Strategic 
Workforce Plan.--Each Food and Drug Administration Strategic Workforce 
Plan under subsection (a) shall--
            ``(1) include agency-wide human capital strategic goals and 
        priorities for recruiting, hiring, training, developing, and 
        retaining a qualified workforce for the Food and Drug 
        Administration;
            ``(2) establish specific actions the Secretary will take to 
        achieve such strategic goals and priorities and address the 
        workforce needs of the Food and Drug Administration in the 
        forthcoming fiscal years;
            ``(3) identify challenges and risks the Secretary will face 
        in meeting its strategic goals and priorities, and the actions 
        the Secretary will take to overcome those challenges and 
        mitigate those risks;
            ``(4) establish performance measures, benchmarks, or other 
        elements that the Secretary will use to measure and evaluate 
        progress in achieving such strategic goals and priorities and 
        the effectiveness of such strategic goals and priorities; and

[[Page 136 STAT. 5879]]

            ``(5) define functions, capabilities, and gaps in such 
        workforce and identify strategies to recruit, hire, train, 
        develop, and retain such workforce.

    ``(d) Considerations.--In developing each Food and Drug 
Administration Strategic Workforce Plan under subsection (a), the 
Secretary shall consider--
            ``(1) the number of employees (including senior leadership 
        and non-senior leadership employees) eligible for retirement, 
        the expertise of such employees, and the employing center of 
        such employees;
            ``(2) the vacancy and turnover rates for employees with 
        different types of expertise and from different centers, 
        including any changes or trends related to such rates;
            ``(3) the results of the Federal Employee Viewpoint Survey 
        for employees of the Food and Drug Administration, including any 
        changes or trends related to such results;
            ``(4) rates of pay for different types of positions, 
        including rates for different types of expertise within the same 
        field (such as differences in pay between different medical 
        specialists), and how such rates of pay impact the ability of 
        the Secretary to achieve the strategic goals and priorities 
        described in subsection (c);
            ``(5) the statutory hiring authorities used to hire Food and 
        Drug Administration employees, and the time to hire across 
        different hiring authorities; and
            ``(6) any other timely and relevant information, as the 
        Secretary determines appropriate.

    ``(e) Evaluation of Progress.--Each Food and Drug Administration 
Strategic Workforce Plan issued pursuant to subsection (a), with the 
exception of the first such Food and Drug Administration Strategic 
Workforce Plan, shall include an evaluation of--
            ``(1) the progress the Secretary has made, based on the 
        performance measures, benchmarks, and other elements that 
        measure successful recruitment, hiring, training, development, 
        and retention activities; and
            ``(2) whether actions taken in response to the Plan improved 
        the capacity of the Food and Drug Administration to achieve the 
        strategic goals and priorities described in subsection (c)(1).

    ``(f) Additional Considerations.--The Food and Drug Administration 
Strategic Workforce Plan issued in fiscal year 2023 shall address the 
effect of the COVID-19 pandemic on hiring, retention, and other 
workforce challenges for the Food and Drug Administration, including 
protecting such workforce during public health emergencies.''.
SEC. 3624. ENHANCING FOOD AND DRUG ADMINISTRATION HIRING AUTHORITY 
                          FOR SCIENTIFIC, TECHNICAL, AND 
                          PROFESSIONAL PERSONNEL.

    Section 714A of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 
379d-3a) is amended--
            (1) in subsection (a)--
                    (A) by inserting ``, including cross-cutting 
                operational positions,'' after ``professional 
                positions''; and
                    (B) by inserting ``and the regulation of food and 
                cosmetics'' after ``medical products''; and
            (2) in subsection (d)(1)--
                    (A) in the matter preceding subparagraph (A)--

[[Page 136 STAT. 5880]]

                          (i) by striking ``the 21st Century Cures Act'' 
                      and inserting ``the Food and Drug Omnibus Reform 
                      Act of 2022''; and
                          (ii) by striking ``that examines the extent'' 
                      and all that follows through ``, including'' and 
                      inserting ``that includes'';
                    (B) in subparagraph (A)--
                          (i) by inserting ``updated'' before 
                      ``analysis''; and
                          (ii) by striking ``; and'' and inserting a 
                      semicolon;
                    (C) by redesignating subparagraph (B) as 
                subparagraph (C);
                    (D) by inserting after subparagraph (A) the 
                following:
                    ``(B) <<NOTE: Analysis. Plan.>>  an analysis of how 
                the Secretary has used the authorities provided under 
                this section, and a plan for how the Secretary will use 
                the authority under this section, and other applicable 
                hiring authorities, for employees of the Food and Drug 
                Administration; and''; and
                    (E) in the matter preceding clause (i) of 
                subparagraph (C), as so redesignated, by striking ``a 
                recruitment'' and inserting ``an updated recruitment''.
SEC. 3625. <<NOTE: Time periods.>>  FACILITIES MANAGEMENT.

    (a) PDUFA Authority.--Section 736(g)(2) of the Federal Food, Drug, 
and Cosmetic Act (21 U.S.C. 379h(g)(2)) is amended--
            (1) in subparagraph (A)(ii)--
                    (A) by striking ``shall be available to defray'' and 
                inserting the following: ``shall be available--
                                    ``(I) for fiscal year 2023, to 
                                defray'';
                    (B) by striking the period and inserting ``; and''; 
                and
                    (C) by adding at the end the following:
                                    ``(II) for fiscal year 2024 and each 
                                subsequent fiscal year, to defray the 
                                costs of the resources allocated for the 
                                process for the review of human drug 
                                applications (including such costs for 
                                an additional number of full-time 
                                equivalent positions in the Department 
                                of Health and Human Services to be 
                                engaged in such process), only if the 
                                sum of the amounts allocated by the 
                                Secretary for such costs, excluding 
                                costs paid from fees collected under 
                                this section, plus other costs for the 
                                maintenance, renovation, and repair of 
                                facilities and acquisition, maintenance, 
                                and repair of fixtures, furniture, and 
                                other necessary materials and supplies 
                                in connection with the process for the 
                                review of human drug applications, is no 
                                less than the amount allocated for such 
                                costs, excluding any such costs paid 
                                from fees collected under this section, 
                                for fiscal year 1997, multiplied by the 
                                adjustment factor.''; and
            (2) in subparagraph (B), by striking ``for the process for 
        the review of human drug applications'' and inserting ``as 
        described in subclause (I) or (II) of such subparagraph, as 
        applicable''.

    (b) BsUFA Authority.--Section 744H(f)(2) of the Federal Food, Drug, 
and Cosmetic Act (21 U.S.C. 379j-52(f)(2)) is amended--
            (1) in subparagraph (B)(i)--

[[Page 136 STAT. 5881]]

                    (A) by striking ``available for a fiscal year 
                beginning after fiscal year 2012'' and inserting the 
                following: ``available--
                                    ``(I) for fiscal year 2023,'';
                    (B) by striking ``the fiscal year involved.'' and 
                inserting ``such fiscal year; and''; and
                    (C) by adding at the end the following:
                                    ``(II) for fiscal year 2024 and each 
                                subsequent fiscal year, to defray the 
                                costs of the process for the review of 
                                biosimilar biological product 
                                applications (including such costs for 
                                an additional number of full-time 
                                equivalent positions in the Department 
                                of Health and Human Services to be 
                                engaged in such process), only if the 
                                sum of the amounts allocated by the 
                                Secretary for such costs, excluding 
                                costs paid from fees collected under 
                                this section, plus other costs for the 
                                maintenance, renovation, and repair of 
                                facilities and acquisition, maintenance, 
                                and repair of fixtures, furniture, and 
                                other necessary materials and supplies 
                                in connection with the process for the 
                                review of biosimilar biological product 
                                applications, is no less than 
                                $20,000,000, multiplied by the 
                                adjustment factor applicable to the 
                                fiscal year involved.''; and
            (2) in subparagraph (C), by striking ``subparagraph (B) in 
        any fiscal year if the costs described in such subparagraph'' 
        and inserting ``subparagraph (B)(i) in any fiscal year if the 
        costs allocated as described in subclause (I) or (II) of such 
        subparagraph, as applicable,''.

    (c) GDUFA Authority.--Section 744B of the Federal Food, Drug, and 
Cosmetic Act (21 U.S.C. 379j-42) is amended--
            (1) in subsection (e)(2), by striking ``744A(11)(C)'' and 
        inserting ``744A(12)(C)''; and
            (2) in subsection (i)(2)--
                    (A) in subparagraph (A)(ii)--
                          (i) by striking ``available for a fiscal year 
                      beginning after fiscal year 2012'' and inserting 
                      the following: ``available--
                                    ``(I) for fiscal year 2023,'';
                          (ii) by striking ``the fiscal year involved.'' 
                      and inserting ``such fiscal year; and''; and
                          (iii) by adding at the end the following:
                                    ``(II) for fiscal year 2024 and each 
                                subsequent fiscal year, to defray the 
                                costs of human generic drug activities 
                                (including such costs for an additional 
                                number of full-time equivalent positions 
                                in the Department of Health and Human 
                                Services to be engaged in such 
                                activities), only if the sum of the 
                                amounts allocated by the Secretary for 
                                such costs, excluding costs paid from 
                                fees collected under this section, plus 
                                other costs for the maintenance, 
                                renovation, and repair of facilities and 
                                acquisition, maintenance, and repair of 
                                fixtures, furniture, and other necessary 
                                materials and supplies in connection 
                                with human generic drug activities, is 
                                no less than $97,000,000 multiplied by

[[Page 136 STAT. 5882]]

                                the adjustment factor defined in section 
                                744A(3) applicable to the fiscal year 
                                involved.''; and
                    (B) in subparagraph (B), by striking ``for human 
                generic activities'' and inserting ``as described in 
                subclause (I) or (II) of such subparagraph, as 
                applicable,''.

    (d) MDUFA Authority.--Section 738 of the Federal Food, Drug, and 
Cosmetic Act (21 U.S.C. 379j), as amended by section 3309, is further 
amended--
            (1) in subsection (e)(2)(B)(iii), by inserting ``, if 
        extant,'' after ``national taxing authority'';
            (2) in subsection (h)(2)--
                    (A) in subparagraph (A)(ii)--
                          (i) by striking ``shall be available to 
                      defray'' and inserting the following: ``shall be 
                      available--
                                    ``(I) for fiscal year 2023, to 
                                defray'';
                          (ii) by striking the period and inserting ``; 
                      and''; and
                          (iii) by adding at the end the following:
                                    ``(II) for fiscal year 2024 and each 
                                subsequent fiscal year, to defray the 
                                costs of the resources allocated for the 
                                process for the review of device 
                                applications (including such costs for 
                                an additional number of full-time 
                                equivalent positions in the Department 
                                of Health and Human Services to be 
                                engaged in such process), only if the 
                                sum of the amounts allocated by the 
                                Secretary for such costs, excluding 
                                costs paid from fees collected under 
                                this section, plus other costs for the 
                                maintenance, renovation, and repair of 
                                facilities and acquisition, maintenance, 
                                and repair of fixtures, furniture and 
                                other necessary materials and supplies 
                                in connection with the process for the 
                                review of device applications, is no 
                                less than the amount allocated for such 
                                costs, excluding any such costs paid 
                                from fees collected under this section, 
                                for fiscal year 2009 multiplied by the 
                                adjustment factor.''; and
                    (B) in subparagraph (B)(i), in the matter preceding 
                subclause (I), by striking ``for the process for the 
                review of device applications'' and inserting ``as 
                described in subclause (I) or (II) of such subparagraph, 
                as applicable''; and
            (3) in subsection (g)(3), by striking ``737(9)(C)'' and 
        inserting ``737(10)(C)''.

    (e) Technical Correction.--
            (1) In general.--Section 905(b)(2) of the FDA 
        Reauthorization Act of 2017 (Public Law 115-52) <<NOTE: 131 
        Stat. 1090.>>  is amended by striking ``Section 738(h) of the 
        Federal Food, Drug, and Cosmetic Act (21 U.S.C. 379j(h)) is 
        amended'' and inserting ``Subsection (g) of section 738 of the 
        Federal Food, Drug, and Cosmetic Act (21 U.S.C. 379j), as so 
        redesignated by section 203(f)(2)(B)(i), is amended''.
            (2) <<NOTE: 21 USC 379j note.>>  Effective date.--The 
        amendment made by paragraph (1) shall take effect as though 
        included in the enactment of section 905 of the FDA 
        Reauthorization Act of 2017 (Public Law 115-52).

[[Page 136 STAT. 5883]]

SEC. 3626. USER FEE PROGRAM TRANSPARENCY AND ACCOUNTABILITY.

    (a) PDUFA.--
            (1) Reauthorization; reporting requirements.--Section 
        736B(a) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 
        379h-2(a)) is amended--
                    (A) in paragraph (1)--
                          (i) in subparagraph (B)--
                                    (I) in clause (vii), by striking ``; 
                                and'' and inserting a semicolon;
                                    (II) in clause (viii), by striking 
                                the period and inserting ``; and''; and
                                    (III) by adding at the end the 
                                following:
                          ``(ix) the number of investigational new drug 
                      applications submitted per fiscal year, including 
                      for each review division.''; and
                          (ii) by adding at the end the following flush 
                      text:
        ``Nothing in subparagraph (B) shall be construed to authorize 
        the disclosure of information that is prohibited from disclosure 
        under section 301(j) of this Act or section 1905 of title 18, 
        United States Code, or that is subject to withholding under 
        section 552(b)(4) of title 5, United States Code.'';
                    (B) by adding at the end of paragraph (3)(B) the 
                following:
                          ``(v) <<NOTE: Time 
                      periods. Determination. Public information. Web 
                      posting.>>  For fiscal years 2023 and 2024, of the 
                      meeting requests from sponsors for which the 
                      Secretary has determined that a face-to-face 
                      meeting is appropriate, the number of face-to-face 
                      meetings requested by sponsors to be conducted in 
                      person (in such manner as the Secretary shall 
                      prescribe on the website of the Food and Drug 
                      Administration), and the number of such in-person 
                      meetings granted by the Secretary, with both such 
                      numbers disaggregated by the relevant agency 
                      center.''; and
                    (C) in paragraph (4)--
                          (i) by amending subparagraph (A) to read as 
                      follows:
                    ``(A) data, analysis, and discussion of the changes 
                in the number of individuals hired as agreed upon in the 
                letters described in section 1001(b) of the Prescription 
                Drug User Fee Amendments of 2022 and the number of 
                remaining vacancies, the number of full-time equivalents 
                funded by fees collected pursuant to section 736, and 
                the number of full-time equivalents funded by budget 
                authority at the Food and Drug Administration by each 
                division within the Center for Drug Evaluation and 
                Research, the Center for Biologics Evaluation and 
                Research, the Office of Regulatory Affairs, and the 
                Office of the Commissioner;'';
                          (ii) by amending subparagraph (B) to read as 
                      follows:
                    ``(B) data, analysis, and discussion of the changes 
                in the fee revenue amounts and costs for the process for 
                the review of human drug applications, including 
                identifying--
                          ``(i) drivers of such changes; and

[[Page 136 STAT. 5884]]

                          ``(ii) changes in the average total cost per 
                      full-time equivalent in the prescription drug 
                      review program;'';
                          (iii) in subparagraph (C), by striking the 
                      period and inserting ``; and''; and
                          (iv) by adding at the end the following:
                    ``(D) data, analysis, and discussion of the changes 
                in the average full-time equivalent hours required to 
                complete review of each type of human drug 
                application.''.
            (2) Reauthorization.--Section 736B(f) of the Federal Food, 
        Drug, and Cosmetic Act (21 U.S.C. 379h-2(f)) is amended--
                    (A) by redesignating paragraphs (4) through (6) as 
                paragraphs (5) through (7), respectively;
                    (B) by inserting after paragraph (3) the following:
            ``(4) Updates to congress.--The Secretary, in consultation 
        with regulated industry, shall provide regular updates on 
        negotiations on the reauthorization of this part to the 
        Committee on Health, Education, Labor, and Pensions of the 
        Senate and the Committee on Energy and Commerce of the House of 
        Representatives.''; and
                    (C) in paragraph (7), as so redesignated--
                          (i) in subparagraph (A)--
                                    (I) by striking ``Before presenting 
                                the recommendations developed under 
                                paragraphs (1) through (5) to the 
                                Congress, the'' and inserting ``The''; 
                                and
                                    (II) by inserting ``, not later than 
                                30 days after each such negotiation 
                                meeting'' before the period at the end; 
                                and
                          (ii) in subparagraph (B), by inserting ``, in 
                      sufficient detail,'' after ``shall summarize''.

    (b) MDUFA.--
            (1) Reauthorization; reporting requirements.--Section 
        738A(a)(1)(A) of the Federal Food, Drug, and Cosmetic Act (21 
        U.S.C. 379j-1(a)(1)(A)) is amended--
                    (A) in clause (ii)--
                          (i) in subclause (II), by striking ``; and'' 
                      and inserting a semicolon;
                          (ii) in subclause (III), by striking the 
                      period and inserting a semicolon; and
                          (iii) by adding at the end the following:
                                    ``(IV) the number of investigational 
                                device exemption applications submitted 
                                under section 520(g) per fiscal year, 
                                including for each review division; and
                                    ``(V) the number of expedited 
                                development and priority review requests 
                                and designations under section 515B per 
                                fiscal year, including for each review 
                                division.
                      Nothing in this clause shall be construed to 
                      authorize the disclosure of information that is 
                      prohibited from disclosure under section 301(j) of 
                      this Act or section 1905 of title 18, United 
                      States Code, or that is subject to withholding 
                      under section 552(b)(4) of title 5, United States 
                      Code.''; and
                    (B) in clause (iv) (relating to rationale for MDUFA 
                program changes)--

[[Page 136 STAT. 5885]]

                          (i) by amending subclause (I) to read as 
                      follows:
                                    ``(I) data, analysis, and discussion 
                                of the changes in the number of 
                                individuals hired as agreed upon in the 
                                letters described in section 2001(b) of 
                                the Medical Device User Fee Amendments 
                                of 2022 and the number of remaining 
                                vacancies, the number of full-time 
                                equivalents funded by fees collected 
                                pursuant to section 738, and the number 
                                of full time equivalents funded by 
                                budget authority at the Food and Drug 
                                Administration by each division within 
                                the Center for Devices and Radiological 
                                Health, the Center for Biologics 
                                Evaluation and Research, the Office of 
                                Regulatory Affairs, and the Office of 
                                the Commissioner;'';
                          (ii) by amending subclause (II) to read as 
                      follows:
                                    ``(II) data, analysis, and 
                                discussion of the changes in the fee 
                                revenue amounts and costs for the 
                                process for the review of device 
                                applications, including identifying--
                                            ``(aa) drivers of such 
                                        changes; and
                                            ``(bb) changes in the 
                                        average total cost per full-time 
                                        equivalent in the medical device 
                                        review program;'';
                          (iii) in subclause (III), by striking the 
                      period and inserting ``; and''; and
                          (iv) by adding at the end the following:
                                    ``(IV) data, analysis, and 
                                discussion of the changes in the average 
                                full-time equivalent hours required to 
                                complete review of medical device 
                                application types.''.
            (2) Reauthorization.--Section 738A(b) of the Federal Food, 
        Drug, and Cosmetic Act (21 U.S.C. 379j-1(b)) is amended--
                    (A) by redesignating paragraphs (4) through (6) as 
                paragraphs (5) through (7), respectively;
                    (B) by inserting after paragraph (3) the following:
            ``(4) Updates to congress.--The Secretary, in consultation 
        with regulated industry, shall provide regular updates on 
        negotiations on the reauthorization of this part to the 
        Committee on Health, Education, Labor, and Pensions of the 
        Senate and the Committee on Energy and Commerce of the House of 
        Representatives.''; and
                    (C) in paragraph (7), as so redesignated--
                          (i) in subparagraph (A)--
                                    (I) by striking ``Before presenting 
                                the recommendations developed under 
                                paragraphs (1) through (5) to the 
                                Congress, the'' and inserting ``The''; 
                                and
                                    (II) by inserting ``, not later than 
                                30 days after each such negotiation 
                                meeting'' before the period at the end; 
                                and
                          (ii) in subparagraph (B), by inserting ``, in 
                      sufficient detail,'' after ``shall summarize''.

    (c) GDUFA.--
            (1) Reauthorization; reporting requirements.--Section 
        744C(a)(3) of the Federal Food, Drug, and Cosmetic Act (21 
        U.S.C. 379j-43(a)(3)) is amended--

[[Page 136 STAT. 5886]]

                    (A) by amending subparagraph (A) to read as follows:
                    ``(A) data, analysis, and discussion of the changes 
                in the number of individuals hired as agreed upon in the 
                letters described in section 3001(b) of the Generic Drug 
                User Fee Amendments of 2022 and the number of remaining 
                vacancies, the number of full-time equivalents funded by 
                fees collected pursuant to section 744B, and the number 
                of full time equivalents funded by budget authority at 
                the Food and Drug Administration by each division within 
                the Center for Drug Evaluation and Research, the Center 
                for Biologics Evaluation and Research, the Office of 
                Regulatory Affairs, and the Office of the 
                Commissioner;'';
                    (B) by amending subparagraph (B) to read as follows:
                    ``(B) data, analysis, and discussion of the changes 
                in the fee revenue amounts and costs for human generic 
                drug activities, including--
                          ``(i) identifying drivers of such changes; and
                          ``(ii) changes in the total average cost per 
                      full-time equivalent in the generic drug review 
                      program;'';
                    (C) in subparagraph (C), by striking the period at 
                the end and inserting ``; and''; and
                    (D) by adding at the end the following:
                    ``(D) data, analysis, and discussion of the changes 
                in the average full-time equivalent hours required to 
                complete review of each type of abbreviated new drug 
                application.''.
            (2) Reauthorization.--Section 744C(f) of the Federal Food, 
        Drug, and Cosmetic Act (21 U.S.C. 379j-43(f)) is amended--
                    (A) by redesignating paragraphs (4) through (6) as 
                paragraphs (5) through (7), respectively;
                    (B) by inserting after paragraph (3) the following:
            ``(4) Updates to congress.--The Secretary, in consultation 
        with regulated industry, shall provide regular updates on 
        negotiations on the reauthorization of this part to the 
        Committee on Health, Education, Labor, and Pensions of the 
        Senate and the Committee on Energy and Commerce of the House of 
        Representatives.''; and
                    (C) in paragraph (7), as so redesignated--
                          (i) in subparagraph (A)--
                                    (I) by striking ``Before presenting 
                                the recommendations developed under 
                                paragraphs (1) through (5) to the 
                                Congress, the'' and inserting ``The''; 
                                and
                                    (II) by inserting ``, not later than 
                                30 days after each such negotiation 
                                meeting'' before the period at the end; 
                                and
                          (ii) in subparagraph (B), by inserting ``, in 
                      sufficient detail,'' after ``shall summarize''.

    (d) BsUFA.--
            (1) Reauthorization; reporting requirements.--Section 
        744I(a)(4) of the Federal Food, Drug, and Cosmetic Act (21 
        U.S.C. 379j-53(a)(4)) is amended--
                    (A) by amending subparagraph (A) to read as follows:
                    ``(A) data, analysis, and discussion of the changes 
                in the number of individuals hired as agreed upon in the 
                letters described in section 4001(b) of the Biosimilar 
                User Fee Amendments of 2022 and the number of remaining

[[Page 136 STAT. 5887]]

                vacancies, the number of full-time equivalents funded by 
                fees collected pursuant to section 744H, and the number 
                of full time equivalents funded by budget authority at 
                the Food and Drug Administration by each division within 
                the Center for Drug Evaluation and Research, the Center 
                for Biologics Evaluation and Research, the Office of 
                Regulatory Affairs, and the Office of the 
                Commissioner;'';
                    (B) by amending subparagraph (B) to read as follows:
                    ``(B) data, analysis, and discussion of the changes 
                in the fee revenue amounts and costs for the process for 
                the review of biosimilar biological product 
                applications, including identifying--
                          ``(i) drivers of such changes; and
                          ``(ii) changes in the average total cost per 
                      full-time equivalent in the biosimilar biological 
                      product review program;'';
                    (C) in subparagraph (C), by striking the period at 
                the end and inserting ``; and''; and
                    (D) by adding at the end the following:
                    ``(D) data, analysis, and discussion of the changes 
                in the average full-time equivalent hours required to 
                complete review of each type of biosimilar biological 
                product application.''.
            (2) Reauthorization.--Section 744I(f) of the Federal Food, 
        Drug, and Cosmetic Act (21 U.S.C. 379j-53(f)) is amended--
                    (A) by redesignating paragraphs (2) and (3) as 
                paragraphs (5) and (6), respectively;
                    (B) by inserting after paragraph (1) the following:
            ``(2) Prior public input.--Prior to beginning negotiations 
        with the regulated industry on the reauthorization of this part, 
        the Secretary shall--
                    ``(A) <<NOTE: Notice. Federal Register, 
                publication.>>  publish a notice in the Federal Register 
                requesting public input on the reauthorization;
                    ``(B) hold a public meeting at which the public may 
                present its views on the reauthorization;
                    ``(C) <<NOTE: Time period.>>  provide a period of 30 
                days after the public meeting to obtain written comments 
                from the public suggesting changes to this part; and
                    ``(D) <<NOTE: Web posting.>>  publish the comments 
                on the Food and Drug Administration's website.
            ``(3) Periodic consultation.--Not less frequently than once 
        every month during negotiations with the regulated industry, the 
        Secretary shall hold discussions with representatives of patient 
        and consumer advocacy groups to continue discussions of their 
        views on the reauthorization and their suggestions for changes 
        to this part as expressed under paragraph (2).
            ``(4) Updates to congress.--The Secretary, in consultation 
        with regulated industry, shall provide regular updates on 
        negotiations on the reauthorization of this part to the 
        Committee on Health, Education, Labor, and Pensions of the 
        Senate and the Committee on Energy and Commerce of the House of 
        Representatives.''; and
                    (C) by adding at the end the following:
            ``(7) Minutes of negotiation meetings.--
                    ``(A) <<NOTE: Web posting. Deadline.>>  Public 
                availability.--The Secretary shall make publicly 
                available, on the public website of the Food and

[[Page 136 STAT. 5888]]

                Drug Administration, minutes of all negotiation meetings 
                conducted under this subsection between the Food and 
                Drug Administration and the regulated industry, not 
                later than 30 days after each such negotiation meeting.
                    ``(B) <<NOTE: Summary.>>  Content.--The minutes 
                described under subparagraph (A) shall summarize, in 
                sufficient detail, any substantive proposal made by any 
                party to the negotiations as well as significant 
                controversies or differences of opinion during the 
                negotiations and their resolution.''.
SEC. 3627. IMPROVING INFORMATION TECHNOLOGY SYSTEMS OF THE FOOD 
                          AND DRUG ADMINISTRATION.

    (a) <<NOTE: 21 USC 393 note.>>  FDA Strategic Information Technology 
Plan.--
            (1) <<NOTE: Deadlines. Public information. Web posting.>>  
        In general.--Not later than September 30, 2023, and at least 
        every 4 years thereafter, the Secretary shall develop and submit 
        to the appropriate committees of Congress and post on the 
        website of the Food and Drug Administration, a coordinated 
        information technology strategic plan to modernize the 
        information technology systems of the Food and Drug 
        Administration. Each such report shall be known as the ``Food 
        and Drug Administration Strategic Information Technology Plan''. 
        The first such report may include the Data and Technology 
        Modernization Strategy, as set forth in the letters described in 
        section 1001(b) of the FDA User Fee Reauthorization Act of 2022 
        (division F of Public Law 117-180).
            (2) Content of strategic plan.--The Food and Drug 
        Administration Strategic Information Technology Plan under 
        paragraph (1) shall include--
                    (A) agency-wide strategic goals and priorities for 
                modernizing the information technology systems of the 
                Food and Drug Administration to maximize the efficiency 
                and effectiveness of such systems for enabling the Food 
                and Drug Administration to fulfill its public health 
                mission;
                    (B) specific activities and strategies for achieving 
                the goals and priorities identified under subparagraph 
                (A), and specific milestones, metrics, and performance 
                measures for assessing progress against such strategic 
                goals and priorities;
                    (C) specific activities and strategies for improving 
                and streamlining internal coordination and communication 
                within the Food and Drug Administration, including for 
                activities and communications related to signals of 
                potential public health concerns;
                    (D) challenges and risks the Food and Drug 
                Administration will face in meeting its strategic goals 
                and priorities, and the activities the Food and Drug 
                Administration will undertake to overcome those 
                challenges and mitigate those risks;
                    (E) the ways in which the Food and Drug 
                Administration will use the Plan to guide and coordinate 
                the projects and activities of the Food and Drug 
                Administration across its offices and centers; and
                    (F) <<NOTE: Inventory. Assessment. Analysis.>>  a 
                skills inventory, needs assessment, gap analysis, and 
                initiatives to address skills gaps as part of a 
                strategic approach to information technology human 
                capital planning.

[[Page 136 STAT. 5889]]

            (3) Evaluation of progress.--Each Food and Drug 
        Administration Strategic Information Technology Plan issued 
        pursuant to this subsection, with the exception of the first 
        such Food and Drug Administration Strategic Information 
        Technology Plan, shall include an evaluation of--
                    (A) the progress the Secretary has made, based on 
                the metrics, benchmarks, and other milestones that 
                measure successful development and implementation of 
                information technology systems; and
                    (B) whether actions taken in response to the 
                previous Plan improved the capacity of the Food and Drug 
                Administration to achieve the strategic goals and 
                priorities set forth in such previous Plans.

    (b) <<NOTE: Assessments.>>  GAO Report.--
            (1) In general.--Not later than September 30, 2026, the 
        Comptroller General of the United States shall submit to the 
        Committee on Health, Education, Labor, and Pensions of the 
        Senate and the Committee on Energy and Commerce of the House of 
        Representatives a report assessing the implementation of the 
        Food and Drug Administration Strategic Information Technology 
        Plan adopted pursuant to subsection (a).
            (2) Content of report.--The report required under paragraph 
        (1) shall include an assessment of--
                    (A) the development and implementation of the Food 
                and Drug Administration Strategic Information Technology 
                Plan, including the sufficiency of the plan, progress of 
                the Food and Drug Administration in meeting the results-
                oriented goals, milestones, and performance measures 
                identified in such plan and any gaps in such 
                implementation;
                    (B) <<NOTE: Time period.>>  the efficiency and 
                effectiveness of the Food and Drug Administration's 
                expenditures on information technology systems over the 
                preceding 10 fiscal years, including the implementation 
                by the Food and Drug Administration of the Technology 
                Modernization Action Plan and Data Modernization Action 
                Plan;
                    (C) challenges posed by the information technology 
                systems of the Food and Drug Administration for carrying 
                out the Food and Drug Administration's public health 
                mission, including on meeting user fee agreement 
                performance goals, conducting inspections, responding to 
                identified safety concerns, and keeping pace with new 
                scientific and medical advances; and
                    (D) <<NOTE: Recommenda- tions.>>  recommendations 
                for the Food and Drug Administration to address the 
                identified challenges, improve its implementation of the 
                Food and Drug Administration Strategic Information 
                Technology Plan, and to otherwise improve the Food and 
                Drug Administration's information technology systems.
SEC. 3628. REPORTING ON MAILROOM AND OFFICE OF THE EXECUTIVE 
                          SECRETARIAT OF THE FOOD AND DRUG 
                          ADMINISTRATION.

    (a) Report.--Not later than 90 days after the date of enactment of 
this Act, the Secretary shall report to the Committee on Health, 
Education, Labor, and Pensions of the Senate and the Committee on Energy 
and Commerce of the House of Representatives on--

[[Page 136 STAT. 5890]]

            (1) information related to policies, procedures, and 
        activities of the mailroom and the Office of the Executive 
        Secretariat of the Food and Drug Administration, including--
                    (A) taking receipt, tracking, managing, and 
                prioritizing confidential informant complaints;
                    (B) taking receipt of common carrier packages to the 
                Food and Drug Administration;
                    (C) the organizational structure and management of 
                the mailroom;
                    (D) the organizational structure and management of 
                the Office of the Executive Secretariat;
                    (E) the total number of employees and contractors in 
                the mailroom including those working remotely and those 
                working in person;
                    (F) the total number of employees and contractors in 
                the Office of the Executive Secretariat;
                    (G) the number of vacant positions in the mailroom;
                    (H) the number of vacant positions in the Office of 
                the Executive Secretariat;
                    (I) the average number of days for response to 
                correspondence received by the Office of the 
                Secretariat;
                    (J) the extent to which there is a backlog of common 
                carrier packages received by the mailroom and the number 
                of common carrier packages in any backlog;
                    (K) the extent to which there is a backlog of 
                correspondence in the Office of the Executive 
                Secretariat that has not been appropriately responded to 
                by the Food and Drug Administration and the number of 
                correspondence or common carrier packages in any 
                backlog;
                    (L) a rationale for the failure of the Office of the 
                Executive Secretariat to respond to correspondence in 
                any backlog and the position of the decision-making 
                official who determined not to respond to such 
                correspondence;
                    (M) the number of whistleblower correspondence 
                received, including within each agency center;
                    (N) the amount of resources expended for the 
                mailroom, including a breakdown of budget authority and 
                user fee dollars;
                    (O) the amount of resources expended for the Office 
                of the Executive Secretariat and correspondence-related 
                activities, including a breakdown of budget authority 
                and user fee dollars; and
                    (P) the performance of third-party contractors 
                responsible for correspondence-related activities with 
                respect to the receipt and tracking of correspondence, 
                and efforts by the Food and Drug Administration to 
                improve performance by such contractors; and
            (2) <<NOTE: Procedures.>>  the development and 
        implementation of new or revised policies and procedures of the 
        Food and Drug Administration to monitor and ensure--
                    (A) the effective receipt, tracking, managing, and 
                prioritization of such complaints; and
                    (B) the effective receipt of common carrier packages 
                to the Food and Drug Administration.

    (b) Annual Report.--Not later than the end of each of fiscal years 
2023 and 2024, the Secretary shall issue a report to the Committee on 
Health, Education, Labor, and Pensions of the Senate

[[Page 136 STAT. 5891]]

and the Committee on Energy and Commerce of the House of Representatives 
on the implementation of the new or revised policies of the Food and 
Drug Administration reported under subsection (a)(2), and since such 
implementation--
            (1) the volume of incoming common carrier packages to the 
        mailroom;
            (2) the volume of incoming correspondence to the Office of 
        the Executive Secretariat;
            (3) the extent to which new backlogs occur in the processing 
        of common carrier packages received by the mailroom;
            (4) the extent to which new backlogs occur in the processing 
        of correspondence received by the Office of the Executive 
        Secretariat;
            (5) the length of time required to resolve each such 
        backlog;
            (6) any known issues of unreasonable delays in 
        correspondence being provided to the intended recipient, or in 
        correspondence being lost, and the measures taken to remedy such 
        delays or lost items;
            (7) the average number of days it takes to respond to 
        correspondence received by the Office of the Executive 
        Secretariat;
            (8) the resources expended by the mailroom, including a 
        breakdown of budget authority and user fee dollars; and
            (9) the resources expended by the Office of the Executive 
        Secretariat on correspondence-related activities, including a 
        breakdown of budget authority and user fee dollars.

    (c) <<NOTE: Assessment.>>  GAO Report.--Not later than 18 months 
after the date of enactment of this Act, the Comptroller General of the 
United States shall submit to the Committee on Health, Education, Labor, 
and Pensions of the Senate and the Committee on Energy and Commerce of 
the House of Representatives a report assessing the policies and 
practices of the Division of Executive Operations of the Office of the 
Executive Secretariat of the Food and Drug Administration with respect 
to the receipt, tracking, managing, and prioritization of 
correspondence.
SEC. 3629. <<NOTE: 21 USC 355 note.>>  FACILITATING THE USE OF 
                          REAL WORLD EVIDENCE.

    (a) <<NOTE: Deadline. Revision. Data.>>  Guidance.--Not later than 1 
year after the date of enactment of this Act, the Secretary shall issue 
or revise existing guidance on considerations for the use of real world 
data and real world evidence to support regulatory decision-making, as 
follows:
            (1) With respect to drugs, such guidance shall address the 
        use of such data and evidence to support the approval of a drug 
        application under section 505 of the Federal Food, Drug, and 
        Cosmetic Act (21 U.S.C. 355) or a biological product application 
        under section 351 of the Public Health Service Act (42 U.S.C. 
        262), and to support an investigational use exemption submission 
        under section 505(i) of the Federal Food, Drug, and Cosmetic Act 
        (21 U.S.C. 355(i)) or section 351(a)(3) of the Public Health 
        Service Act (42 U.S.C. 262(a)(3)). Such guidance shall include 
        considerations for the inclusion, in such applications and 
        submissions, of real world data and real world evidence obtained 
        as a result of the use of drugs authorized for emergency use 
        under section 564 of the Federal Food, Drug, and Cosmetic Act 
        (21 U.S.C. 360bbb-3), and considerations for standards and 
        methodologies for collection and analysis

[[Page 136 STAT. 5892]]

        of real world evidence included in such applications and 
        submissions, as appropriate.
            (2) With respect to devices, such guidance shall address the 
        use of such data and evidence to support the approval, 
        clearance, or classification of a device pursuant to an 
        application or submission submitted under section 510(k), 
        513(f)(2), or 515 of the Federal Food, Drug, and Cosmetic Act 
        (21 U.S.C. 360(k), 360c(f)(2), 360e), to support an 
        investigational use exemption submission under section 520(g) of 
        such Act (21 U.S.C. 360j(g)), and to support a determination by 
        the Secretary for purposes of section 353 of the Public Health 
        Service Act (42 U.S.C. 263a) (including the category described 
        under subsection (d)(3) of such section). Such guidance shall 
        include considerations for the inclusion, in such applications 
        and submissions, of real world data and real world evidence 
        obtained as a result of the use of devices authorized for 
        emergency use under section 564 of the Federal Food, Drug, and 
        Cosmetic Act (21 U.S.C. 360bbb-3), including considerations 
        related to a determination under section 353(d)(3) of the Public 
        Health Service Act (42 U.S.C. 263a(d)(3)), and considerations 
        for standards and methodologies for collection and analysis of 
        real world evidence included in such applications, submissions, 
        or determinations, as appropriate.

    (b) Report to Congress.--Not later than 2 years after the end of the 
public health emergency declared by the Secretary under section 319 of 
the Public Health Service Act (42 U.S.C. 247d) on January 31, 2020, with 
respect to COVID-19, the Secretary shall submit a report to the 
Committee on Health, Education, Labor, and Pensions of the Senate and 
the Committee on Energy and Commerce of the House of Representatives 
on--
            (1) the number of applications, submissions, or requests 
        submitted for clearance, approval, or authorization under 
        section 505, 510(k), 513(f)(2), or 515 of the Federal Food, 
        Drug, and Cosmetic Act (21 U.S.C. 355, 360(k), 360c(f)(2), 360e) 
        or section 351 of the Public Health Service Act (42 U.S.C. 262), 
        for which an authorization under section 564 of the Federal 
        Food, Drug, and Cosmetic Act (21 U.S.C. 360bbb-3) was previously 
        granted;
            (2) of the number of applications so submitted, the number 
        of such applications--
                    (A) for which real world evidence was submitted and 
                used to support a regulatory decision; and
                    (B) for which real world evidence was submitted and 
                determined to be insufficient to support a regulatory 
                decision; and
            (3) <<NOTE: Summary.>>  a summary explanation of why, in the 
        case of applications described in paragraph (2)(B), real world 
        evidence could not be used to support regulatory decisions.

    (c) Information Disclosure.--Nothing in this section shall be 
construed to authorize the disclosure of information that is prohibited 
from disclosure under section 1905 of title 18, United States Code, or 
subject to withholding under subsection (b)(4) of section 552 of title 
5, United States Code (commonly referred to as the ``Freedom of 
Information Act'').

[[Page 136 STAT. 5893]]

SEC. 3630. FACILITATING EXCHANGE OF PRODUCT INFORMATION PRIOR TO 
                          APPROVAL.

    (a) In General.--Section 502 of the Federal Food, Drug, and Cosmetic 
Act (21 U.S.C. 352) is amended--
            (1) in paragraph (a)--
                    (A) by striking ``drugs for coverage'' and inserting 
                ``drugs or devices for coverage''; and
                    (B) by striking ``drug'' each place it appears and 
                inserting ``drug or device'', respectively;
            (2) in paragraphs (a)(1) and (a)(2)(B), by striking ``under 
        section 505 or under section 351 of the Public Health Service 
        Act'' and inserting ``under section 505, 510(k), 513(f)(2), or 
        515 of this Act or section 351 of the Public Health Service 
        Act'';
            (3) in paragraph (a)(1)--
                    (A) by striking ``under section 505 or under section 
                351(a) of the Public Health Service Act'' and inserting 
                ``under section 505, 510(k), 513(f)(2), or 515 of this 
                Act or section 351 of the Public Health Service Act''; 
                and
                    (B) by striking ``in section 505(a) or in 
                subsections (a) and (k) of section 351 of the Public 
                Health Service Act'' and inserting ``in section 505, 
                510(k), 513(f)(2), or 515 of this Act or section 351 of 
                the Public Health Service Act''; and
            (4) by adding at the end the following:

    ``(gg)(1) <<NOTE: Labeling.>>  Unless its labeling bears adequate 
directions for use in accordance with paragraph (f), except that (in 
addition to drugs or devices that conform with exemptions pursuant to 
such paragraph) no drug or device shall be deemed to be misbranded under 
such paragraph through the provision of truthful and not misleading 
product information to a payor, formulary committee, or other similar 
entity with knowledge and expertise in the area of health care economic 
analysis carrying out its responsibilities for the selection of drugs or 
devices for coverage or reimbursement if the product information relates 
to an investigational drug or device or investigational use of a drug or 
device that is approved, cleared, granted marketing authorization, or 
licensed under section 505, 510(k), 513(f)(2), or 515 of this Act or 
section 351 of the Public Health Service Act (as applicable), provided--
            ``(A) the product information includes--
                    ``(i) <<NOTE: Statement.>>  a clear statement that 
                the investigational drug or device or investigational 
                use of a drug or device has not been approved, cleared, 
                granted marketing authorization, or licensed under 
                section 505, 510(k), 513(f)(2), or 515 of this Act or 
                section 351 of the Public Health Service Act (as 
                applicable) and that the safety and effectiveness of 
                such drug or device for such use has not been 
                established;
                    ``(ii) information related to the stage of 
                development of the drug or device involved, such as--
                          ``(I) the status of any study or studies in 
                      which the investigational drug or device or 
                      investigational use is being investigated;
                          ``(II) how the study or studies relate to the 
                      overall plan for the development of the drug or 
                      device; and
                          ``(III) whether an application, premarket 
                      notification, or request for classification for 
                      the investigational

[[Page 136 STAT. 5894]]

                      drug or device or investigational use has been 
                      submitted to the Secretary and when such a 
                      submission is planned;
                    ``(iii) in the case of information that includes 
                factual presentations of results from studies, which 
                shall not be selectively presented, a description of--
                          ``(I) all material aspects of study design, 
                      methodology, and results; and
                          ``(II) all material limitations related to the 
                      study design, methodology, and results;
                    ``(iv) <<NOTE: Statement. Records. Labeling.>>  
                where applicable, a prominent statement disclosing the 
                indication or indications for which the Secretary has 
                approved, granted marketing authorization, cleared, or 
                licensed the product pursuant to section 505, 510(k), 
                513(f)(2), or 515 of this Act or section 351 of the 
                Public Health Service Act, and a copy of the most 
                current required labeling; and
                    ``(v) <<NOTE: Updates.>>  updated information, if 
                previously communicated information becomes materially 
                outdated as a result of significant changes or as a 
                result of new information regarding the product or its 
                review status; and
            ``(B) the product information does not include--
                    ``(i) information that represents that an unapproved 
                product--
                          ``(I) has been approved, cleared, granted 
                      marketing authorization, or licensed under section 
                      505, 510(k), 513(f)(2), or 515 of this Act or 
                      section 351 of the Public Health Service Act (as 
                      applicable); or
                          ``(II) has otherwise been determined to be 
                      safe or effective for the purpose or purposes for 
                      which the drug or device is being studied; or
                    ``(ii) information that represents that an 
                unapproved use of a drug or device that has been so 
                approved, granted marketing authorization, cleared, or 
                licensed--
                          ``(I) is so approved, granted marketing 
                      authorization, cleared, or licensed; or
                          ``(II) that the product is safe or effective 
                      for the use or uses for which the drug or device 
                      is being studied.

    ``(2) <<NOTE: Definition.>>  For purposes of this paragraph, the 
term `product information' includes--
            ``(A) information describing the drug or device (such as 
        drug class, device description, and features);
            ``(B) information about the indication or indications being 
        investigated;
            ``(C) the anticipated timeline for a possible approval, 
        clearance, marketing authorization, or licensure pursuant to 
        section 505, 510(k), 513, or 515 of this Act or section 351 of 
        the Public Health Service Act;
            ``(D) drug or device pricing information;
            ``(E) patient utilization projections;
            ``(F) product-related programs or services; and
            ``(G) factual presentations of results from studies that do 
        not characterize or make conclusions regarding safety or 
        efficacy.''.

    (b) GAO Study and Report.--Beginning on the date that is 5 years and 
6 months after the date of enactment of this Act,

[[Page 136 STAT. 5895]]

the Comptroller General of the United States shall conduct a study on 
the provision and use of information pursuant to section 502(gg) of the 
Federal Food, Drug, and Cosmetic Act, as added by this subsection (a), 
between manufacturers of drugs and devices (as defined in section 201 of 
the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321)) and entities 
described in such section 502(gg). Such <<NOTE: Analyses.>>  study shall 
include an analysis of the following:
            (1) The types of information communicated between such 
        manufacturers and payors.
            (2) The manner of communication between such manufacturers 
        and payors.
            (3)(A) Whether such manufacturers file an application for 
        approval, marketing authorization, clearance, or licensing of a 
        new drug or device or the new use of a drug or device that is 
        the subject of communication between such manufacturers and 
        payors under section 502(gg) of the Federal Food, Drug, and 
        Cosmetic Act, as added by subsection (a).
            (B) How frequently the Food and Drug Administration 
        approves, grants marketing authorization, clears, or licenses 
        the new drug or device or new use.
            (C) The timeframe between the initial communications 
        permitted under section 502(gg) of the Federal Food, Drug, and 
        Cosmetic Act, as added by subsection (a), regarding an 
        investigational drug or device or investigational use, and the 
        initial marketing of such drug or device.
SEC. 3631. <<NOTE: 42 USC 247d-12 note.>>  STREAMLINING BLOOD 
                          DONOR INPUT.

    Chapter 35 of title 44, United States Code, shall not apply to the 
collection of information to which a response is voluntary and that is 
initiated by the Secretary to solicit information from blood donors or 
potential blood donors to support the development of recommendations by 
the Secretary, acting through the Commissioner of Food and Drugs, 
concerning blood donation.

                      TITLE IV--MEDICARE PROVISIONS

                     Subtitle A--Medicare Extenders

SEC. 4101. EXTENSION OF INCREASED INPATIENT HOSPITAL PAYMENT 
                          ADJUSTMENT FOR CERTAIN LOW-VOLUME 
                          HOSPITALS.

    (a) In General.--Section 1886(d)(12) of the Social Security Act (42 
U.S.C. 1395ww(d)(12)) is amended--
            (1) in subparagraph (B), in the matter preceding clause (i), 
        by striking ``during the portion of fiscal year 2023 beginning 
        on December 24, 2022, and ending on September 30, 2023, and in 
        fiscal year 2024'' and inserting ``in fiscal year 2025'';
            (2) in subparagraph (C)(i)--
                    (A) in the matter preceding subclause (I)--
                          (i) by striking ``or portion of a fiscal 
                      year''; and
                          (ii) by striking ``through 2022 and the 
                      portion of fiscal year 2023 beginning on October 
                      1, 2022, and ending on December 23, 2022' '' and 
                      inserting ``through 2024'';
                    (B) in subclause (III), by striking ``through 2022 
                and the portion of fiscal year 2023 beginning on October 
                1,

[[Page 136 STAT. 5896]]

                2022, and ending on December 23, 2022' '' and inserting 
                ``through 2024''; and
                    (C) in subclause (IV), by striking ``the portion of 
                fiscal year 2023 beginning on December 24, 2022, and 
                ending on September 30, 2023, and fiscal year 2024'' and 
                inserting ``fiscal year 2025''; and
            (3) in subparagraph (D)--
                    (A) in the matter preceding clause (i), by striking 
                ``through 2022 or during the portion of fiscal year 2023 
                beginning on October 1, 2022, and ending on December 23, 
                2022' '' and inserting ``through 2024''; and
                    (B) in clause (ii), by striking ``through 2022 and 
                the portion of fiscal year 2023 beginning on October 1, 
                2022, and ending on December 23, 2022' '' and inserting 
                ``through 2024''.

    (b) <<NOTE: 42 USC 1395ww note.>>  Implementation.--Notwithstanding 
any other provision of law, the Secretary of Health and Human Services 
may implement the provisions of, including the amendments made by, this 
section by program instruction or otherwise.
SEC. 4102. EXTENSION OF THE MEDICARE-DEPENDENT HOSPITAL PROGRAM.

    (a) In General.--Section 1886(d)(5)(G) of the Social Security Act 
(42 U.S.C. 1395ww(d)(5)(G)) is amended--
            (1) in clause (i), by striking ``December 24, 2022'' and 
        inserting ``October 1, 2024''; and
            (2) in clause (ii)(II), by striking ``December 24, 2022'' 
        and inserting ``October 1, 2024''.

    (b) Conforming Amendments.--
            (1) Extension of target amounts.--Section 1886(b)(3)(D) of 
        the Social Security Act (42 U.S.C. 1395ww(b)(3)(D)) is amended--
                    (A) in the matter preceding clause (i), by striking 
                ``December 24, 2022'' and inserting ``October 1, 2024''; 
                and
                    (B) in clause (iv), by striking ``fiscal year 2022 
                and the portion of fiscal year 2023 beginning on October 
                1, 2022, and ending on December 23, 2022,'' and 
                inserting ``fiscal year 2024''.
            (2) Permitting hospitals to decline reclassification.--
        Section 13501(e)(2) of the Omnibus Budget Reconciliation Act of 
        1993 (42 U.S.C. 1395ww note) is amended by striking ``fiscal 
        year 2000 through fiscal year 2022, or the portion of fiscal 
        year 2023 beginning on October 1, 2022, and ending on December 
        23, 2022'' and inserting ``or fiscal year 2000 through fiscal 
        year 2024''.
SEC. 4103. EXTENSION OF ADD-ON PAYMENTS FOR AMBULANCE SERVICES.

    Section 1834(l) of the Social Security Act (42 U.S.C. 1395m(l)) is 
amended--
            (1) in paragraph (12)(A), by striking ``January 1, 2023'' 
        and inserting ``January 1, 2025''; and
            (2) in paragraph (13), by striking ``January 1, 2023'' in 
        each place it appears and inserting ``January 1, 2025'' in each 
        such place.

[[Page 136 STAT. 5897]]

             Subtitle B--Other Expiring Medicare Provisions

SEC. 4111. EXTENDING INCENTIVE PAYMENTS FOR PARTICIPATION IN 
                          ELIGIBLE ALTERNATIVE PAYMENT MODELS.

    (a) In General.--Section 1833(z) of the Social Security Act (42 
U.S.C. 1395l(z)) is amended--
            (1) in paragraph (1)(A)--
                    (A) by striking ``2024'' and inserting ``2025''; and
                    (B) by inserting ``(or, with respect to 2025, 3.5 
                percent)'' after ``5 percent'';
            (2) in paragraph (2)--
                    (A) in subparagraph (B)--
                          (i) in the header, by striking ``2024'' and 
                      inserting ``2025''; and
                          (ii) in the matter preceding clause (i), by 
                      striking ``2024'' and inserting ``2025'';
                    (B) in subparagraph (C)--
                          (i) in the header, by striking ``2025'' and 
                      inserting ``2026''; and
                          (ii) in the matter preceding clause (i), by 
                      striking ``2025'' and inserting ``2026''; and
                    (C) in subparagraph (D), by striking ``2023 and 
                2024'' and inserting ``2023, 2024, and 2025''; and
            (3) in paragraph (4)(B), by inserting ``(or, with respect to 
        2025, 3.5 percent)'' after ``5 percent''.

    (b) Conforming Amendments.--Section 1848(q)(1)(C)(iii) of the Social 
Security Act (42 U.S.C. 1395w-4(q)(1)(C)(iii)) is amended--
            (1) in subclause (II), by striking ``2024'' and inserting 
        ``2025''; and
            (2) in subclause (III), by striking ``2025'' and inserting 
        ``2026''.
SEC. 4112. EXTENSION OF SUPPORT FOR PHYSICIANS AND OTHER 
                          PROFESSIONALS IN ADJUSTING TO MEDICARE 
                          PAYMENT CHANGES.

    Section 1848 of the Social Security Act (42 U.S.C. 1395w-4) is 
amended--
            (1) in subsection (c)(2)(B)(iv)(V), by striking ``2021 or 
        2022'' and inserting ``2021, 2022, 2023, or 2024''; and
            (2) in subsection (t)--
                    (A) in the subsection header, by striking ``2021 and 
                2022'' and inserting ``2021 Through 2024'';
                    (B) in paragraph (1)--
                          (i) in the matter preceding subparagraph (A), 
                      by striking ``during 2021 and 2022'' and inserting 
                      ``during 2021, 2022, 2023, and 2024''; and
                          (ii) in subparagraph (A), by striking at the 
                      end ``and'';
                          (iii) in subparagraph (B), by striking at the 
                      end the period and inserting a semicolon; and
                          (iv) by adding at the end the following new 
                      subparagraphs:
                    ``(C) such services furnished on or after January 1, 
                2023, and before January 1, 2024, by 2.5 percent; and

[[Page 136 STAT. 5898]]

                    ``(D) such services furnished on or after January, 
                1, 2024, and before January 1, 2025, by 1.25 percent.''; 
                and
                    (C) in paragraph (2)(C)--
                          (i) in the subparagraph header, by striking 
                      ``2021 and 2022'' and inserting ``2021 through 
                      2024'';
                          (ii) by striking ``for services furnished in 
                      2021 or 2022'' and inserting ``for services 
                      furnished in 2021, 2022, 2023, or 2024''; and
                          (iii) by striking ``or 2022, respectively'' 
                      and inserting ``, 2022, 2023, or 2024, 
                      respectively''.
SEC. 4113. <<NOTE: Time periods.>>  ADVANCING TELEHEALTH BEYOND 
                          COVID-19.

    (a) Removing Geographic Requirements and Expanding Originating Sites 
for Telehealth Services.--Section 1834(m) of the Social Security Act (42 
U.S.C. 1395m(m)) is amended--
            (1) in paragraph (2)(B)(iii)--
                    (A) by striking ``With'' and inserting ``In the case 
                that the emergency period described in section 
                1135(g)(1)(B) ends before December 31, 2024, with''; and
                    (B) by striking ``that are furnished during the 151-
                day period beginning on the first day after the end of 
                the emergency period described in section 
                1135(g)(1)(B)'' and inserting ``that are furnished 
                during the period beginning on the first day after the 
                end of such emergency period and ending December 31, 
                2024''; and
            (2) in paragraph (4)(C)(iii)--
                    (A) by striking ``With'' and inserting ``In the case 
                that the emergency period described in section 
                1135(g)(1)(B) ends before December 31, 2024, with''; and
                    (B) by striking ``that are furnished during the 151-
                day period beginning on the first day after the end of 
                the emergency period described in section 
                1135(g)(1)(B)'' and inserting ``that are furnished 
                during the period beginning on the first day after the 
                end of such emergency period and ending on December 31, 
                2024''.

    (b) Expanding Practitioners Eligible to Furnish Telehealth 
Services.--Section 1834(m)(4)(E) of the Social Security Act (42 U.S.C. 
1395m(m)(4)(E)) is amended by striking ``and, for the 151-day period 
beginning on the first day after the end of the emergency period 
described in section 1135(g)(1)(B)'' and inserting ``and, in the case 
that the emergency period described in section 1135(g)(1)(B) ends before 
December 31, 2024, for the period beginning on the first day after the 
end of such emergency period and ending on December 31, 2024''.
    (c) Extending Telehealth Services for Federally Qualified Health 
Centers and Rural Health Clinics.--Section 1834(m)(8)(A) of the Social 
Security Act (42 U.S.C. 1395m(m)(8)(A)) is amended by striking ``during 
the 151-day period beginning on the first day after the end of such 
emergency period'' and inserting ``in the case that such emergency 
period ends before December 31, 2024, during the period beginning on the 
first day after the end of such emergency period and ending on December 
31, 2024''.
    (d) Delaying the In-person Requirements Under Medicare for Mental 
Health Services Furnished Through Telehealth and Telecommunications 
Technology.--
            (1) Delay in requirements for mental health services 
        furnished through telehealth.--Section 1834(m)(7)(B)(i) of

[[Page 136 STAT. 5899]]

        the Social Security Act (42 U.S.C. 1395m(m)(7)(B)(i)) is 
        amended, in the matter preceding subclause (I), by striking ``on 
        or after the day that is the 152nd day after the end of the 
        period at the end of the emergency sentence described in section 
        1135(g)(1)(B))'' and inserting ``on or after January 1, 2025 
        (or, if later, the first day after the end of the emergency 
        period described in section 1135(g)(1)(B))''.
            (2) Mental health visits furnished by rural health 
        clinics.--Section 1834(y) of the Social Security Act (42 U.S.C. 
        1395m(y)) is amended--
                    (A) in the heading, by striking ``to hospice 
                patients''; and
                    (B) in paragraph (2), by striking ``prior to the day 
                that is the 152nd day after the end of the emergency 
                period described in section 1135(g)(1)(B))'' and 
                inserting ``prior to January 1, 2025 (or, if later, the 
                first day after the end of the emergency period 
                described in section 1135(g)(1)(B))''.
            (3) Mental health visits furnished by federally qualified 
        health centers.--Section 1834(o)(4) of the Social Security Act 
        (42 U.S.C. 1395m(o)(4) is amended--
                    (A) in the heading, by striking ``to hospice 
                patients''; and
                    (B) in subparagraph (B), by striking ``prior to the 
                day that is the 152nd day after the end of the emergency 
                period described in section 1135(g)(1)(B))'' and 
                inserting ``prior to January 1, 2025 (or, if later, the 
                first day after the end of the emergency period 
                described in section 1135(g)(1)(B))''.

    (e) Allowing for the Furnishing of Audio-only Telehealth Services.-- 
<<NOTE: Continuations.>> Section 1834(m)(9) of the Social Security Act 
(42 U.S.C. 1395m(m)(9)) is amended by striking ``The Secretary shall 
continue to provide coverage and payment under this part for telehealth 
services identified in paragraph (4)(F)(i) as of the date of the 
enactment of this paragraph that are furnished via an audio-only 
telecommunications system during the 151-day period beginning on the 
first day after the end of the emergency period described in section 
1135(g)(1)(B)'' and inserting ``In the case that the emergency period 
described in section 1135(g)(1)(B) ends before December 31, 2024, the 
Secretary shall continue to provide coverage and payment under this part 
for telehealth services identified in paragraph (4)(F)(i) as of the date 
of the enactment of this paragraph that are furnished via an audio-only 
communications system during the period beginning on the first day after 
the end of such emergency period and ending on December 31, 2024''.

    (f) Use of Telehealth to Conduct Face-to-face Encounter Prior to 
Recertification of Eligibility for Hospice Care During Emergency 
Period.--Section 1814(a)(7)(D)(i)(II) of the Social Security Act (42 
U.S.C. 1395f(a)(7)(D)(i)(II)) is amended by striking ``and during the 
151-day period beginning on the first day after the end of such 
emergency period'' and inserting ``and, in the case that such emergency 
period ends before December 31, 2024, during the period beginning on the 
first day after the end of such emergency period described in such 
section 1135(g)(1)(B) and ending on December 31, 2024''.
    (g) Study on Telehealth and Medicare Program Integrity.--

[[Page 136 STAT. 5900]]

            (1) <<NOTE: Reviews.>>  In general.--
                    (A) Study.--The Secretary shall conduct a study 
                using medical record review, as described in 
                subparagraph (C), on program integrity related to 
                telehealth services under part B of title XVIII of the 
                Social Security Act (42 U.S.C. 1395j et seq.).
                    (B) <<NOTE: Analysis.>>  Scope of study.--In 
                conducting the study under subparagraph (A), the 
                Secretary shall review and analyze information (to the 
                extent that such information is available) on the 
                duration of telehealth services furnished, the types of 
                telehealth services furnished, and, to the extent 
                feasible, the impact of the telehealth services 
                furnished on future utilization of health care services 
                by Medicare beneficiaries, such as the utilization of 
                additional telehealth services or in-person services, 
                including hospitalizations and emergency department 
                visits. The Secretary may also review and analyze 
                information on--
                          (i) any geographic differences in utilization 
                      of telehealth services;
                          (ii) documentation of the care and methods of 
                      delivery associated with telehealth services; and
                          (iii) other areas, as determined appropriate 
                      by the Secretary.
                    (C) Medical record review.--In conducting the study 
                under subparagraph (A), the Secretary shall conduct 
                medical record review of a sample of claims for 
                telehealth services with dates of service during the 
                period beginning on January 1, 2022, and ending on 
                December 31, 2024. For such claims with a date of 
                service during the emergency period described in section 
                1135(g)(1)(B) of the Social Security Act (42 U.S.C. 
                1320b-5(g)(1)(B)), the Secretary shall only conduct 
                medical record review of those claims that have 
                undergone standard program integrity review (as defined 
                in paragraph (2)(B)), as determined appropriate by the 
                Secretary.
                    (D) Reports.--
                          (i) Interim report.--Not later than October 1, 
                      2024, the Secretary shall submit to the Committee 
                      on Finance of the Senate and the Committee on 
                      Energy and Commerce and the Committee on Ways and 
                      Means of the House of Representatives an interim 
                      report on the study conducted under subparagraph 
                      (A).
                          (ii) Final report.--Not later than April 1, 
                      2026, the Secretary shall submit to the Committee 
                      on Finance of the Senate and the Committee on 
                      Energy and Commerce and the Committee on Ways and 
                      Means of the House of Representatives a final 
                      report on the study conducted under subparagraph 
                      (A).
            (2) Definitions.--In this subsection:
                    (A) Secretary.--The term ``Secretary'' means the 
                Secretary of Health and Human Services.
                    (B) Standard program integrity review.--The term 
                ``standard program integrity review'' refers to the 
                review of any claim that requires a review of the 
                associated medical record by the Secretary to determine 
                the medical necessity of the services furnished or to 
                identify potential fraud.

[[Page 136 STAT. 5901]]

                    (C) Telehealth service.--The term ``telehealth 
                service'' has the meaning given that term in section 
                1834(m)(4)(F) of the Social Security Act (42 U.S.C. 
                1395(m)(4)(F)).
            (3) Funding.--In addition to amounts otherwise available, 
        there is appropriated to the Centers for Medicare & Medicaid 
        Services Program Management Account for fiscal year 2023, out of 
        any amounts in the Treasury not otherwise appropriated, 
        $10,000,000, to remain available until expended, for purposes of 
        carrying out this subsection.

    (h) <<NOTE: 42 USC 1395f note.>>  Program Instruction Authority.--
Notwithstanding any other provision of law, the Secretary of Health and 
Human Services may implement the provisions of, including amendments 
made by, this section through program instruction or otherwise.
SEC. 4114. REVISED PHASE-IN OF MEDICARE CLINICAL LABORATORY TEST 
                          PAYMENT CHANGES.

    (a) Revised Phase-in of Reductions From Private Payor Rate 
Implementation.--Section 1834A(b)(3) of the Social Security Act (42 
U.S.C. 1395m-1(b)(3)) is amended--
            (1) in subparagraph (A), by striking ``through 2025'' and 
        inserting ``through 2026''; and
            (2) in subparagraph (B)--
                    (A) in clause (ii), by striking ``and 2022'' and 
                inserting ``through 2023''; and
                    (B) in clause (iii), by striking ``2023 through 
                2025'' and inserting ``2024 through 2026''.

    (b) Revised Reporting Period for Reporting of Private Sector Payment 
Rates for Establishment of Medicare Payment Rates.--Section 
1834A(a)(1)(B) of the Social Security Act (42 U.S.C. 1395m-1(a)(1)(B)) 
is amended--
            (1) in clause (i), by striking ``December 31, 2022'' and 
        inserting ``December 31, 2023''; and
            (2) in clause (ii)--
                    (A) by striking ``January 1, 2023'' and inserting 
                ``January 1, 2024''; and
                    (B) by striking ``March 31, 2023'' and inserting 
                ``March 31, 2024''.

              Subtitle C--Medicare Mental Health Provisions

SEC. 4121. COVERAGE OF MARRIAGE AND FAMILY THERAPIST SERVICES AND 
                          MENTAL HEALTH COUNSELOR SERVICES UNDER 
                          PART B OF THE MEDICARE PROGRAM.

    (a) Coverage of Services.--
            (1) In general.--Section 1861(s)(2) of the Social Security 
        Act (42 U.S.C. 1395x(s)(2)) is amended--
                    (A) in subparagraph (GG), by striking ``and'' after 
                the semicolon at the end;
                    (B) in subparagraph (HH), by striking the period at 
                the end and inserting ``; and''; and
                    (C) by adding at the end the following new 
                subparagraph:

[[Page 136 STAT. 5902]]

            ``(II) marriage and family therapist services (as defined in 
        subsection (lll)(1)) and mental health counselor services (as 
        defined in subsection (lll)(3));''.
            (2) Definitions.--Section 1861 of the Social Security Act 
        (42 U.S.C. 1395x) is amended by adding at the end the following 
        new subsection:

    ``(lll) Marriage and Family Therapist Services; Marriage and Family 
Therapist; Mental Health Counselor Services; Mental Health Counselor.--
            ``(1) Marriage and family therapist services.--The term 
        `marriage and family therapist services' means services 
        furnished by a marriage and family therapist (as defined in 
        paragraph (2)) for the diagnosis and treatment of mental 
        illnesses (other than services furnished to an inpatient of a 
        hospital), which the marriage and family therapist is legally 
        authorized to perform under State law (or the State regulatory 
        mechanism provided by State law) of the State in which such 
        services are furnished, as would otherwise be covered if 
        furnished by a physician or as an incident to a physician's 
        professional service.
            ``(2) Marriage and family therapist.--The term `marriage and 
        family therapist' means an individual who--
                    ``(A) possesses a master's or doctor's degree which 
                qualifies for licensure or certification as a marriage 
                and family therapist pursuant to State law of the State 
                in which such individual furnishes the services 
                described in paragraph (1);
                    ``(B) is licensed or certified as a marriage and 
                family therapist by the State in which such individual 
                furnishes such services;
                    ``(C) after obtaining such degree has performed at 
                least 2 years of clinical supervised experience in 
                marriage and family therapy; and
                    ``(D) meets such other requirements as specified by 
                the Secretary.
            ``(3) Mental health counselor services.--The term `mental 
        health counselor services' means services furnished by a mental 
        health counselor (as defined in paragraph (4)) for the diagnosis 
        and treatment of mental illnesses (other than services furnished 
        to an inpatient of a hospital), which the mental health 
        counselor is legally authorized to perform under State law (or 
        the State regulatory mechanism provided by the State law) of the 
        State in which such services are furnished, as would otherwise 
        be covered if furnished by a physician or as incident to a 
        physician's professional service.
            ``(4) Mental health counselor.--The term `mental health 
        counselor' means an individual who--
                    ``(A) possesses a master's or doctor's degree which 
                qualifies for licensure or certification as a mental 
                health counselor, clinical professional counselor, or 
                professional counselor under the State law of the State 
                in which such individual furnishes the services 
                described in paragraph (3);
                    ``(B) is licensed or certified as a mental health 
                counselor, clinical professional counselor, or 
                professional counselor by the State in which the 
                services are furnished;

[[Page 136 STAT. 5903]]

                    ``(C) after obtaining such a degree has performed at 
                least 2 years of clinical supervised experience in 
                mental health counseling; and
                    ``(D) meets such other requirements as specified by 
                the Secretary.''.
            (3) Amount of payment.--Section 1833(a)(1) of the Social 
        Security Act (42 U.S.C. 1395l(a)(1)), as amended by section 
        11101(b) of Public Law 117-169, is further amended--
                    (A) by striking ``, and (EE)'' and inserting 
                ``(EE)''; and
                    (B) by inserting before the semicolon at the end the 
                following: ``and (FF) with respect to marriage and 
                family therapist services and mental health counselor 
                services under section 1861(s)(2)(II), the amounts paid 
                shall be 80 percent of the lesser of the actual charge 
                for the services or 75 percent of the amount determined 
                for payment of a psychologist under subparagraph (L)''.
            (4) Exclusion of marriage and family therapist services and 
        mental health counselor services from skilled nursing facility 
        prospective payment system.--Section 1888(e)(2)(A)(ii) of the 
        Social Security Act (42 U.S.C. 1395yy(e)(2)(A)(ii)) is amended 
        by inserting ``marriage and family therapist services (as 
        defined in section 1861(lll)(1)), mental health counselor 
        services (as defined in section 1861(lll)(3)),'' after 
        ``qualified psychologist services,''.
            (5) Inclusion of marriage and family therapists and mental 
        health counselors as practitioners for assignment of claims.--
        Section 1842(b)(18)(C) of the Social Security Act (42 U.S.C. 
        1395u(b)(18)(C)) is amended by adding at the end the following 
        new clauses:
            ``(vii) A marriage and family therapist (as defined in 
        section 1861(lll)(2)).
            ``(viii) A mental health counselor (as defined in section 
        1861(lll)(4)).''.

    (b) Coverage of Certain Mental Health Services Provided in Certain 
Settings.--
            (1) Rural health clinics and federally qualified health 
        centers.--Section 1861(aa)(1)(B) of the Social Security Act (42 
        U.S.C. 1395x(aa)(1)(B)) is amended by striking ``or by a 
        clinical social worker (as defined in subsection (hh)(1))'' and 
        inserting ``, by a clinical social worker (as defined in 
        subsection (hh)(1)), by a marriage and family therapist (as 
        defined in subsection (lll)(2)), or by a mental health counselor 
        (as defined in subsection (lll)(4))''.
            (2) Hospice programs.--Section 1861(dd)(2)(B)(i)(III) of the 
        Social Security Act (42 U.S.C. 1395x(dd)(2)(B)(i)(III)) is 
        amended by inserting ``, marriage and family therapist, or 
        mental health counselor'' after ``social worker''.

    (c) <<NOTE: 42 USC 1395l note.>>  Effective Date.--The amendments 
made by this section shall apply with respect to services furnished on 
or after January 1, 2024.
SEC. 4122. ADDITIONAL RESIDENCY POSITIONS.

    (a) In General.--Section 1886(h) of the Social Security Act (42 
U.S.C. 1395ww(h)) is amended--
            (1) in paragraph (4)(F)(i), by striking ``and (9)'' and 
        inserting ``(9), and (10)'';

[[Page 136 STAT. 5904]]

            (2) in paragraph (4)(H)(i), by striking ``and (9)'' and 
        inserting ``(9), and (10)''; and
            (3) by adding at the end the following new paragraph:
            ``(10) Distribution of additional residency positions in 
        psychiatry and psychiatry subspecialties.--
                    ``(A) Additional residency positions.--
                          ``(i) <<NOTE: Effective date.>>  In general.--
                      For fiscal year 2026, the Secretary shall, subject 
                      to the succeeding provisions of this paragraph, 
                      increase the otherwise applicable resident limit 
                      for each qualifying hospital (as defined in 
                      subparagraph (F)) that submits a timely 
                      application under this subparagraph by such number 
                      as the Secretary may approve effective beginning 
                      July 1 of the fiscal year of the increase.
                          ``(ii) Number available for distribution.--The 
                      aggregate number of such positions made available 
                      under this paragraph shall be equal to 200.
                          ``(iii) Distribution for psychiatry or 
                      psychiatry subspecialty residencies.--At least 100 
                      of the positions made available under this 
                      paragraph shall be distributed for a psychiatry or 
                      psychiatry subspecialty residency (as defined in 
                      subparagraph (F)).
                          ``(iv) <<NOTE: Notification. Deadline.>>  
                      Timing.--The Secretary shall notify hospitals of 
                      the number of positions distributed to the 
                      hospital under this paragraph as a result of an 
                      increase in the otherwise applicable resident 
                      limit by January 31 of the fiscal year of the 
                      increase. <<NOTE: Effective date.>>  Such increase 
                      shall be effective beginning July 1 of such fiscal 
                      year.
                    ``(B) <<NOTE: Applicability.>>  Distribution.--For 
                purposes of providing an increase in the otherwise 
                applicable resident limit under subparagraph (A), the 
                following shall apply:
                          ``(i) <<NOTE: Determinations.>>  
                      Considerations in distribution.--In determining 
                      for which qualifying hospitals such an increase is 
                      provided under subparagraph (A), the Secretary 
                      shall take into account the demonstrated 
                      likelihood of the hospital filling the positions 
                      made available under this paragraph within the 
                      first 5 training years beginning after the date 
                      the increase would be effective, as determined by 
                      the Secretary.
                          ``(ii) Minimum distribution for certain 
                      categories of hospitals.--With respect to the 
                      aggregate number of such positions available for 
                      distribution under this paragraph, the Secretary 
                      shall distribute not less than 10 percent of such 
                      aggregate number to each of the following 
                      categories of hospitals:
                                    ``(I) Hospitals that are located in 
                                a rural area (as defined in section 
                                1886(d)(2)(D)) or are treated as being 
                                located in a rural area pursuant to 
                                section 1886(d)(8)(E).
                                    ``(II) Hospitals in which the 
                                reference resident level of the hospital 
                                (as specified in subparagraph (F)(iii)) 
                                is greater than the otherwise applicable 
                                resident limit.
                                    ``(III) Hospitals in States with--
                                            ``(aa) new medical schools 
                                        that received `Candidate School' 
                                        status from the Liaison 
                                        Committee on Medical Education 
                                        or that

[[Page 136 STAT. 5905]]

                                        received `Pre-Accreditation' 
                                        status from the American 
                                        Osteopathic Association 
                                        Commission on Osteopathic 
                                        College Accreditation on or 
                                        after January 1, 2000, and that 
                                        have achieved or continue to 
                                        progress toward `Full 
                                        Accreditation' status (as such 
                                        term is defined by the Liaison 
                                        Committee on Medical Education) 
                                        or toward `Accreditation' status 
                                        (as such term is defined by the 
                                        American Osteopathic Association 
                                        Commission on Osteopathic 
                                        College Accreditation); or
                                            ``(bb) additional locations 
                                        and branch campuses established 
                                        on or after January 1, 2000, by 
                                        medical schools with `Full 
                                        Accreditation' status (as such 
                                        term is defined by the Liaison 
                                        Committee on Medical Education) 
                                        or `Accreditation' status (as 
                                        such term is defined by the 
                                        American Osteopathic Association 
                                        Commission on Osteopathic 
                                        College Accreditation).
                                    ``(IV) Hospitals that serve areas 
                                designated as health professional 
                                shortage areas under section 
                                332(a)(1)(A) of the Public Health 
                                Service Act, as determined by the 
                                Secretary.
                          ``(iii) Pro rata application.--The Secretary 
                      shall ensure that each qualifying hospital that 
                      submits a timely application under subparagraph 
                      (A) receives at least 1 (or a fraction of 1) of 
                      the positions made available under this paragraph 
                      before any qualifying hospital receives more than 
                      1 of such positions.
                    ``(C) Requirements.--
                          ``(i) Limitation.--A hospital may not receive 
                      more than 10 additional full-time equivalent 
                      residency positions under this paragraph.
                          ``(ii) Prohibition on distribution to 
                      hospitals without an increase agreement.--No 
                      increase in the otherwise applicable resident 
                      limit of a hospital may be made under this 
                      paragraph unless such hospital agrees to increase 
                      the total number of full-time equivalent residency 
                      positions under the approved medical residency 
                      training program of such hospital by the number of 
                      such positions made available by such increase 
                      under this paragraph.
                          ``(iii) Requirement for hospitals to expand 
                      programs.--If a hospital that receives an increase 
                      in the otherwise applicable resident limit under 
                      this paragraph would be eligible for an adjustment 
                      to the otherwise applicable resident limit for 
                      participation in a new medical residency training 
                      program under section 413.79(e)(3) of title 42, 
                      Code of Federal Regulations (or any successor 
                      regulation), the hospital shall ensure that any 
                      positions made available under this paragraph are 
                      used to expand an existing program of the 
                      hospital, and not for participation in a new 
                      medical residency training program.
                    ``(D) Application of per resident amounts for 
                nonprimary care.--With respect to additional residency 
                positions in a hospital attributable to the increase 
                provided

[[Page 136 STAT. 5906]]

                under this paragraph, the approved FTE per resident 
                amounts are deemed to be equal to the hospital per 
                resident amounts for nonprimary care computed under 
                paragraph (2)(D) for that hospital.
                    ``(E) Permitting facilities to apply aggregation 
                rules.--The Secretary shall permit hospitals receiving 
                additional residency positions attributable to the 
                increase provided under this paragraph to, beginning in 
                the fifth year after the effective date of such 
                increase, apply such positions to the limitation amount 
                under paragraph (4)(F) that may be aggregated pursuant 
                to paragraph (4)(H) among members of the same affiliated 
                group.
                    ``(F) Definitions.--In this paragraph:
                          ``(i) Otherwise applicable resident limit.--
                      The term `otherwise applicable resident limit' 
                      means, with respect to a hospital, the limit 
                      otherwise applicable under subparagraphs (F)(i) 
                      and (H) of paragraph (4) on the resident level for 
                      the hospital determined without regard to this 
                      paragraph but taking into account paragraphs 
                      (7)(A), (7)(B), (8)(A), (8)(B), and (9)(A).
                          ``(ii) Psychiatry or psychiatry subspecialty 
                      residency.--The term `psychiatry or psychiatry 
                      subspecialty residency' means a residency in 
                      psychiatry as accredited by the Accreditation 
                      Council for Graduate Medical Education for the 
                      purpose of preventing, diagnosing, and treating 
                      mental health disorders.
                          ``(iii) Qualifying hospital.--The term 
                      `qualifying hospital' means a hospital described 
                      in any of subclauses (I) through (IV) of 
                      subparagraph (B)(ii).
                          ``(iv) Reference resident level.--The term 
                      `reference resident level' means, with respect to 
                      a hospital, the resident level for the most recent 
                      cost reporting period of the hospital ending on or 
                      before the date of enactment of this paragraph, 
                      for which a cost report has been settled (or, if 
                      not, submitted (subject to audit)), as determined 
                      by the Secretary.
                          ``(v) Resident level.--The term `resident 
                      level' has the meaning given such term in 
                      paragraph (7)(C)(i).''.

    (b) IME.--Section 1886(d)(5)(B) of the Social Security Act (42 
U.S.C. 1395ww(d)(5)(B)) is amended--
            (1) in clause (v), in the third sentence, by striking ``and 
        (h)(9)'' and inserting ``(h)(9), and (h)(10)'';
            (2) by moving clause (xii) 4 ems to the left; and
            (3) by adding at the end the following new clause:
            ``(xiii) <<NOTE: Effective date.>>  For discharges occurring 
        on or after July 1, 2026, insofar as an additional payment 
        amount under this subparagraph is attributable to resident 
        positions distributed to a hospital under subsection (h)(10), 
        the indirect teaching adjustment factor shall be computed in the 
        same manner as provided under clause (ii) with respect to such 
        resident positions.''.

    (c) Prohibition on Judicial Review.--Section 1886(h)(7)(E) of the 
Social Security Act (42 U.S.C. 1395ww--4(h)(7)(E)) is amended by 
inserting ``paragraph (10),'' after ``paragraph (8),''.

[[Page 136 STAT. 5907]]

SEC. 4123. <<NOTE: Deadlines.>>  IMPROVING MOBILE CRISIS CARE IN 
                          MEDICARE.

    (a) Payment for Psychotherapy for Crisis Services Furnished in an 
Applicable Site of Service.--
            (1) In general.--Section 1848(b) of the Social Security Act 
        (42 U.S.C. 1395w-4(b)) is amended by adding at the end the 
        following new paragraph:
            ``(12) <<NOTE: Effective dates.>>  Payment for psychotherapy 
        for crisis services furnished in an applicable site of 
        service.--
                    ``(A) In general.--The Secretary shall establish new 
                HCPCS codes under the fee schedule established under 
                this subsection for services described in subparagraph 
                (B) that are furnished on or after January 1, 2024.
                    ``(B) Services described.--The services described in 
                this subparagraph are psychotherapy for crisis services 
                that are a furnished in an applicable site of service.
                    ``(C) Amount of payment.--For services described in 
                subparagraph (B) that are furnished to an individual in 
                a year (beginning with 2024), in lieu of the fee 
                schedule amount that would otherwise be determined under 
                this subsection for such year, the fee schedule amount 
                for such services for such year shall be equal to 150 
                percent of the fee schedule amount for non-facility 
                sites of service for such year determined for services 
                identified, as of January 1, 2022, by HCPCS codes 90839 
                and 90840 (and any succeeding codes).
                    ``(D) Definitions.--In this paragraph:
                          ``(i) Applicable site of service.--The term 
                      `applicable site of service' means a site of 
                      service other than a site where the facility rate 
                      under the fee schedule under this subsection 
                      applies and other than an office setting.
                          ``(ii) Psychotherapy for crisis services.--The 
                      code descriptions for services described in 
                      subparagraph (B) shall be the same as the code 
                      descriptions for services identified, as of 
                      January 1, 2022, by HCPCS codes 90839 and 90840 
                      (and any succeeding codes), except that such new 
                      codes shall be limited to services furnished in an 
                      applicable site of service.''.
            (2) Waiver of budget neutrality.--Section 1848(c)(2)(B)(iv) 
        of such Act (42 U.S.C. 1395w-4(c)(2)(B)(iv)) is amended--
                    (A) in subclause (IV), by striking ``and'' at the 
                end;
                    (B) in subclause (V), by striking the period at the 
                end and inserting ``; and'' and
                    (C) by adding at the end the following new 
                subclause:
                                    ``(VI) subsection (b)(12) shall not 
                                be taken into account in applying clause 
                                (ii)(II) for 2024.''.

    (b) <<NOTE: 42 USC 1395w-4 note.>>  Education and Outreach.--Not 
later than January 1, 2024, the Secretary shall use existing 
communications mechanisms to provide education and outreach to 
stakeholders with respect to the ability of health professionals to bill 
for psychotherapy for crisis services under the Medicare physician fee 
schedule under section 1848 of the Social Security Act (42 U.S.C. 1395w-
4) when such services are furnished in an applicable site of service to 
a Medicare beneficiary who is experiencing a mental or behavioral health 
crisis.

[[Page 136 STAT. 5908]]

    (c) <<NOTE: 42 USC 1395w-4 note.>>  Open Door Forum.--Not later than 
January 1, 2024, the Secretary shall convene stakeholders and experts 
for an open door forum or other appropriate mechanism to discuss current 
Medicare program coverage and payment policies for services that can be 
furnished to provide care to a Medicare beneficiary who is experiencing 
a mental or behavioral health crisis.

    (d) Education and Outreach on the Use of Peer Support Specialists 
and Other Auxiliary Personnel in Furnishing of Psychotherapy for Crisis 
Services and Behavioral Health Integration Services.-- <<NOTE: 42 
USC 1395w-4 note.>> Not later than January 1, 2024, the Secretary shall 
use existing communication mechanisms to provide education and outreach 
to providers of services, physicians, and practitioners with respect to 
the ability of auxiliary personnel, including peer support specialists, 
to participate, consistent with applicable requirements for auxiliary 
personnel, in the furnishing of--
            (1) psychotherapy for crisis services billed under the 
        Medicare physician fee schedule under section 1848 of the Social 
        Security Act (42 U.S.C. 1395w-4), as well as other services that 
        can be furnished to a Medicare beneficiary experiencing a mental 
        or behavioral health crisis; and
            (2) behavioral health integration services.

    (e) <<NOTE: 42 USC 1395w-4 note.>>  Definitions.--In this section:
            (1) Applicable site of service.--The term ``applicable site 
        of service'' has the meaning given that term in section 
        1848(b)(12)(D)(i) of the Social Security Act, as added by 
        subsection (a).
            (2) Behavioral health integration services.--The term 
        ``behavioral health integration services'' means services 
        identified, as of January 1, 2022, by HCPCS codes 99484, 99492, 
        99493, 99494, and G2214 (and any successor or similar codes as 
        determined appropriate by the Secretary).
            (3) Psychotherapy for crisis services.--The term 
        ``psychotherapy for crisis services'' means services described 
        in 1848(b)(12)(D)(ii) of the Social Security Act, as added by 
        subsection (a).
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of Health and Human Services.
SEC. 4124. ENSURING ADEQUATE COVERAGE OF OUTPATIENT MENTAL HEALTH 
                          SERVICES UNDER THE MEDICARE PROGRAM.

    (a) Modification of Definition of Partial Hospitalization 
Services.--Section 1861(ff)(1) of the Social Security Act (42 U.S.C. 
1395x(ff)(1)) is amended by inserting ``for an individual determined 
(not less frequently than monthly) by a physician to have a need for 
such services for a minimum of 20 hours per week'' after ``prescribed by 
a physician''.
    (b) Coverage of Intensive Outpatient Services.--
            (1) Scope of benefits.--
                    (A) Community mental health centers.--Section 
                1832(a)(2)(J) of the Social Security Act (42 U.S.C. 
                1395k(a)(2)(J)) is amended by inserting ``and intensive 
                outpatient services'' after ``partial hospitalization 
                services''.
                    (B) Incident-to services.--Section 1861(s)(2)(B) is 
                amended by inserting ``or intensive outpatient 
                services'' after ``partial hospitalization services''.

[[Page 136 STAT. 5909]]

            (2) Definition.--Section 1861(ff) of the Social Security Act 
        (42 U.S.C. 1395x(ff)) is amended--
                    (A) in the header, by inserting ``; Intensive 
                Outpatient Services'' after ``Partial Hospitalization 
                Services''; and
                    (B) by adding at the end the following new 
                paragraph:

    ``(4) The term `intensive outpatient services' has the meaning given 
the term `partial hospitalization services' in paragraph (1), except 
that--
            ``(A) section 1835(a)(2)(F)(i) shall not apply;
            ``(B) the reference in such paragraph to an individual 
        `determined (not less frequently than monthly) by a physician to 
        have a need for such services for a minimum of 20 hours per 
        week' shall be treated as a reference to an individual 
        `determined (not less frequently than once every other month) by 
        a physician to have a need for such services for a minimum of 9 
        hours per week'; and
            ``(C) the reference to `a community mental health center (as 
        defined in subparagraph (B))' in paragraph (3) shall be treated 
        as a reference to `a community mental health center (as defined 
        in subparagraph (B)), a Federally qualified health center, or a 
        rural health clinic'.''.
            (3) Exclusion from calculation of certain treatment costs.--
        Section 1833(c)(2) of the Social Security Act (42 U.S.C. 
        1395l(c)(2)) is amended by inserting ``or intensive outpatient 
        services'' after ``partial hospitalization services''.
            (4) Conforming amendments.--
                    (A) Intensive outpatient services.--Section 1861(aa) 
                of the Social Security Act (42 U.S.C. 1395x(aa)) is 
                amended--
                          (i) in paragraph (1)--
                                    (I) in subparagraph (B), by striking 
                                ``and'' at the end;
                                    (II) in subparagraph (C), by adding 
                                ``and'' at the end; and
                                    (III) by inserting after 
                                subparagraph (C) the following new 
                                subparagraph:
            ``(D) intensive outpatient services (as defined in section 
        1861(ff)(4)),''; and
                          (ii) in paragraph (3), by striking ``through 
                      (C)'' and inserting ``through (D)''.
                    (B) Provider of services.--Section 1866(e)(2) of the 
                Social Security Act (42 U.S.C. 1395cc(e)(2)) is amended 
                by inserting ``, or intensive outpatient services (as 
                described in section 1861(ff)(4))'' after ``partial 
                hospitalization services (as described in section 
                1861(ff)(1))''.

    (c) Special Payment Rule for FQHCs and RHCs.--Section 1834 of the 
Social Security Act (42 U.S.C. 1395m) is amended--
            (1) in subsection (o), by adding at the end the following 
        new paragraph:
            ``(5) Special payment rule for intensive outpatient 
        services.--
                    ``(A) In general.--In the case of intensive 
                outpatient services furnished by a Federally qualified 
                health center, the payment amount for such services 
                shall be equal to the amount that would have been paid 
                under this title for such services had such services 
                been covered OPD services furnished by a hospital.

[[Page 136 STAT. 5910]]

                    ``(B) Exclusion.--Costs associated with intensive 
                outpatient services shall not be used to determine the 
                amount of payment for Federally qualified health center 
                services under the prospective payment system under this 
                subsection.''; and
            (2) in subsection (y)--
                    (A) in the header, by striking ``to Hospice 
                Patients''; and
                    (B) by adding at the end the following new 
                paragraph:
            ``(3) Special payment rule for intensive outpatient 
        services.--
                    ``(A) In general.--In the case of intensive 
                outpatient services furnished by a rural health clinic, 
                the payment amount for such services shall be equal to 
                the amount that would have been paid under this title 
                for such services had such services been covered OPD 
                services furnished by a hospital.
                    ``(B) Exclusion.--Costs associated with intensive 
                outpatient services shall not be used to determine the 
                amount of payment for rural health clinic services under 
                the methodology for all-inclusive rates (established by 
                the Secretary) under section 1833(a)(3).''.

    (d) <<NOTE: 42 USC 1395k note.>>  Effective Date.--The amendments 
made by this section shall apply with respect to items and services 
furnished on or after January 1, 2024.
SEC. 4125. IMPROVEMENTS TO MEDICARE PROSPECTIVE PAYMENT SYSTEM FOR 
                          PSYCHIATRIC HOSPITALS AND PSYCHIATRIC 
                          UNITS.

    (a) Improvements Through Additional Claims Data.--Section 1886(s) of 
the Social Security Act (42 U.S.C. 1395ww(s)) is amended by adding at 
the end the following new paragraph:
            ``(5) Additional data and information.--
                    ``(A) <<NOTE: Revisions.>>  In general.--The 
                Secretary shall collect data and information as the 
                Secretary determines appropriate to revise payments 
                under the system described in paragraph (1) for 
                psychiatric hospitals and psychiatric units pursuant to 
                subparagraph (D) and for other purposes as determined 
                appropriate by the Secretary. <<NOTE: Deadline.>>  The 
                Secretary shall begin to collect such data by not later 
                than October 1, 2023.
                    ``(B) Data and information.--The data and 
                information to be collected under subparagraph (A) may 
                include--
                          ``(i) charges, including those related to 
                      ancillary services;
                          ``(ii) the required intensity of behavioral 
                      monitoring, such as cognitive deficit, suicide 
                      ideations, violent behavior, and need for physical 
                      restraint; and
                          ``(iii) interventions, such as detoxification 
                      services for substance abuse, dependence on 
                      respirator, total parenteral nutritional support, 
                      dependence on renal dialysis, and burn care.
                    ``(C) Method of collection.--The Secretary may 
                collect the additional data and information under 
                subparagraph (A) on cost reports, on claims, or 
                otherwise.
                    ``(D) Revisions to payment rates.--
                          ``(i) <<NOTE: Regulations.>>  In general.--
                      Notwithstanding the preceding paragraphs of this 
                      subsection or section 124 of the

[[Page 136 STAT. 5911]]

                      Medicare, Medicaid, and SCHIP Balanced Budget 
                      Refinement Act of 1999, for rate year 2025 (and 
                      for any subsequent rate year, if determined 
                      appropriate by the Secretary), the Secretary 
                      shall, by regulation, implement revisions to the 
                      methodology for determining the payment rates 
                      under the system described in paragraph (1) for 
                      psychiatric hospitals and psychiatric units, as 
                      the Secretary determines to be appropriate. Such 
                      revisions may be based on a review of data and 
                      information collected under subparagraph (A).
                          ``(ii) Review.--The Secretary may make 
                      revisions to the diagnosis-related group 
                      classifications, in accordance with subsection 
                      (d)(4)(C), to reflect nursing and staff resource 
                      use and costs involved in furnishing services at 
                      such hospitals and units, including considerations 
                      for patient complexity and prior admission to an 
                      inpatient psychiatric facility, which may be based 
                      on review of data and information collected under 
                      subparagraph (A), as the Secretary determines to 
                      be appropriate.
                          ``(iii) Budget neutrality.--Revisions in 
                      payment implemented pursuant to clause (i) for a 
                      rate year shall result in the same estimated 
                      amount of aggregate expenditures under this title 
                      for psychiatric hospitals and psychiatric units 
                      furnished in the rate year as would have been made 
                      under this title for such care in such rate year 
                      if such revisions had not been implemented.''.

    (b) Improvements Through Standardized Patient Assessment Data.--
Section 1886(s) of the Social Security Act (42 U.S.C. 1395ww(s)), as 
amended by subsection (a), is further amended--
            (1) in paragraph (4)--
                    (A) in subparagraph (A)(i), by striking 
                ``subparagraph (C)'' and inserting ``subparagraphs (C) 
                and (E)'';
                    (B) by redesignating subparagraph (E) as 
                subparagraph (F);
                    (C) by inserting after subparagraph (D) the 
                following new subparagraph:
                    ``(E) Standardized patient assessment data.--
                          ``(i) In general.--For rate year 2028 and each 
                      subsequent rate year, in addition to such data on 
                      the quality measures described in subparagraph 
                      (C), each psychiatric hospital and psychiatric 
                      unit shall submit to the Secretary, through the 
                      use of a standardized assessment instrument 
                      implemented under clause (iii), the standardized 
                      patient assessment data described in clause (ii). 
                      Such data shall be submitted with respect to 
                      admission and discharge of an individual (and may 
                      be submitted more frequently as the Secretary 
                      determines appropriate).
                          ``(ii) Standardized patient assessment data 
                      described.--For purposes of clause (i), the 
                      standardized patient assessment data described in 
                      this clause, with respect to a psychiatric 
                      hospital or psychiatric unit, is data with respect 
                      to the following categories:
                                    ``(I) Functional status, such as 
                                mobility and self-care at admission to a 
                                psychiatric hospital or

[[Page 136 STAT. 5912]]

                                unit and before discharge from a 
                                psychiatric hospital or unit.
                                    ``(II) Cognitive function, such as 
                                ability to express ideas and to 
                                understand, and mental status, such as 
                                depression and dementia.
                                    ``(III) Special services, 
                                treatments, and interventions for 
                                psychiatric conditions.
                                    ``(IV) Medical conditions and co-
                                morbidities, such as diabetes, 
                                congestive heart failure, and pressure 
                                ulcers.
                                    ``(V) Impairments, such as 
                                incontinence and an impaired ability to 
                                hear, see, or swallow.
                                    ``(VI) Other categories as 
                                determined appropriate by the Secretary.
                          ``(iii) Standardized assessment instrument.--
                                    ``(I) In general.--For purposes of 
                                clause (i), the Secretary shall 
                                implement a standardized assessment 
                                instrument that provides for the 
                                submission of standardized patient 
                                assessment data under this title with 
                                respect to psychiatric hospitals and 
                                psychiatric units which enables 
                                comparison of such assessment data 
                                across all such hospitals and units to 
                                which such data are applicable.
                                    ``(II) Funding.--The Secretary shall 
                                provide for the transfer, from the 
                                Federal Hospital Insurance Trust Fund 
                                under section 1817 to the Centers for 
                                Medicare & Medicaid Services Program 
                                Management Account, of $10,000,000 for 
                                purposes of carrying out subclause 
                                (I).''; and
                    (D) in subparagraph (F), as redesignated by 
                subparagraph (B) of this paragraph, by striking 
                ``subparagraph (C)'' and inserting ``subparagraphs (C) 
                and (F)''; and
            (2) by adding at the end the following new paragraph:
            ``(6) Additional considerations for diagnosis-related group 
        classifications.--
                    ``(A) <<NOTE: Deadline. Regulations. Revisions.>>  
                In general.--Notwithstanding the preceding paragraphs of 
                this subsection (other than paragraph (5)) or section 
                124 of the Medicare, Medicaid, and SCHIP Balanced Budget 
                Refinement Act of 1999, beginning not later than rate 
                year 2031, in addition to any revisions pursuant to 
                paragraph (5), the Secretary shall, by regulation, 
                implement revisions to the methodology for determining 
                the payment rates under the system described in 
                paragraph (1) for psychiatric hospitals and psychiatric 
                units, as the Secretary determines to be appropriate, to 
                take into account the patient assessment data described 
                in paragraph (4)(E)(ii).
                    ``(B) Budget neutrality.--Revisions in payment 
                implemented pursuant to subparagraph (A) for a rate year 
                shall result in the same estimated amount of aggregate 
                expenditures under this title for psychiatric hospitals 
                and psychiatric units furnished in the rate year as 
                would have been made under this title for such care in 
                such rate year if such revisions had not been 
                implemented.''.

[[Page 136 STAT. 5913]]

    (c) Improvements Through Inclusion of Patients' Perspective on Care 
Quality Measure.--Section 1886(s)(4) of the Social Security Act (42 
U.S.C. 1395ww(s)(4)) is amended--
            (1) in subparagraph (D), by adding at the end the following 
        new clause:
                          ``(iv) <<NOTE: Deadline.>>  Patients' 
                      perspective on care.--Not later than for rate year 
                      2031, the quality measures specified under this 
                      subparagraph shall include a quality measure of 
                      patients' perspective on care.''; and
            (2) in subparagraph (E), by inserting ``, including the 
        quality measure of patients' perspective on care described in 
        subparagraph (D)(iv),'' after ``shall report quality measures''.
SEC. 4126. EXCEPTION FOR PHYSICIAN WELLNESS PROGRAMS.

    (a) In General.--Section 1877(e) of the Social Security Act (42 
U.S.C. 1395nn(e)) is amended by adding at the end the following:
            ``(9) Physician wellness programs.--A bona fide mental 
        health or behavioral health improvement or maintenance program 
        offered to a physician by an entity, if--
                    ``(A) such program--
                          ``(i) consists of counseling, mental health 
                      services, a suicide prevention program, or a 
                      substance use disorder prevention and treatment 
                      program;
                          ``(ii) is made available to a physician for 
                      the primary purpose of preventing suicide, 
                      improving mental health and resiliency, or 
                      providing training in appropriate strategies to 
                      promote the mental health and resiliency of such 
                      physician;
                          ``(iii) is set out in a written policy, 
                      approved in advance of the operation of the 
                      program by the governing body of the entity 
                      providing such program (and which shall be updated 
                      accordingly in advance to substantial changes to 
                      the operation of such program), that includes--
                                    ``(I) a description of the content 
                                and duration of the program;
                                    ``(II) a description of the 
                                evidence-based support for the design of 
                                the program;
                                    ``(III) <<NOTE: Cost estimate.>>  
                                the estimated cost of the program;
                                    ``(IV) the personnel (including the 
                                qualifications of such personnel) 
                                conducting the program; and
                                    ``(V) the method by which such 
                                entity will evaluate the use and success 
                                of the program;
                          ``(iv) is offered by an entity described in 
                      subparagraph (B) with a formal medical staff to 
                      all physicians who practice in the geographic area 
                      served by such entity, including physicians who 
                      hold bona fide appointments to the medical staff 
                      of such entity or otherwise have clinical 
                      privileges at such entity;
                          ``(v) is offered to all such physicians on the 
                      same terms and conditions and without regard to 
                      the volume or value of referrals or other business 
                      generated by a physician for such entity;
                          ``(vi) is evidence-based and conducted by a 
                      qualified health professional; and

[[Page 136 STAT. 5914]]

                          ``(vii) <<NOTE: Requirements. Regulations.>>  
                      meets such other requirements the Secretary may 
                      impose by regulation as needed to protect against 
                      program or patient abuse;
                    ``(B) such entity is--
                          ``(i) a hospital;
                          ``(ii) an ambulatory surgical center;
                          ``(iii) a community health center;
                          ``(iv) a rural emergency hospital;
                          ``(v) a rural health clinic;
                          ``(vi) a skilled nursing facility; or
                          ``(vii) a similar entity, as determined by the 
                      Secretary; and
                    ``(C) neither the provision of such program, nor the 
                value of such program, are contingent upon the number or 
                value of referrals made by a physician to such entity or 
                the amount or value of other business generated by such 
                physician for the entity.''.

    (b) Exception Under the Anti-kickback Statute.--Section 1128B(b)(3) 
of the Social Security Act (42 U.S.C. 1320a-7b(b)(3)) is amended--
            (1) in subparagraph (J), by striking ``and'' at the end;
            (2) in subparagraph (K), by striking the period at the end 
        and inserting ``; and''; and
            (3) by adding at the end the following:
            ``(L) a bona fide mental health or behavioral health 
        improvement or maintenance program, if--
                    ``(i) such program--
                          ``(I) consists of counseling, mental health 
                      services, a suicide prevention program, or a 
                      substance use disorder prevention and treatment 
                      program;
                          ``(II) is made available to a physician or 
                      other clinician for the primary purpose of 
                      preventing suicide, improving mental health and 
                      resiliency, or providing training in appropriate 
                      strategies to promote the mental health and 
                      resiliency of such physician or other clinician;
                          ``(III) is set out in a written policy, 
                      approved in advance of the operation of the 
                      program by the governing body of the entity 
                      providing such program (and which shall be updated 
                      accordingly in advance to substantial changes to 
                      the operation of such program), that includes--
                                    ``(aa) a description of the content 
                                and duration of the program;
                                    ``(bb) a description of the 
                                evidence-based support for the design of 
                                the program;
                                    ``(cc) <<NOTE: Cost estimate.>>  the 
                                estimated cost of the program;
                                    ``(dd) the personnel (including the 
                                qualifications of such personnel) 
                                implementing the program; and
                                    ``(ee) the method by which such 
                                entity will evaluate the use and success 
                                of the program;
                          ``(IV) is offered by an entity described in 
                      clause (ii) with a formal medical staff to all 
                      physicians and other clinicians who practice in 
                      the geographic area served by such entity, 
                      including physicians who hold bona fide 
                      appointments to the medical staff of such

[[Page 136 STAT. 5915]]

                      entity or otherwise have clinical privileges at 
                      such entity;
                          ``(V) is offered to all such physicians and 
                      clinicians on the same terms and conditions and 
                      without regard to the volume or value of referrals 
                      or other business generated by a physician or 
                      clinician for such entity;
                          ``(VI) is evidence-based and conducted by a 
                      qualified health professional; and
                          ``(VII) <<NOTE: Requirements. Regulations.>>  
                      meets such other requirements the Secretary may 
                      impose by regulation as needed to protect against 
                      program or patient abuse;
                    ``(ii) such entity is--
                          ``(I) a hospital;
                          ``(II) an ambulatory surgical center;
                          ``(III) a community health center;
                          ``(IV) a rural emergency hospital;
                          ``(V) a skilled nursing facility; or
                          ``(VI) any similar entity, as determined by 
                      the Secretary; and
                    ``(iii) neither the provision of such program, nor 
                the value of such program, are contingent upon the 
                number or value of referrals made by a physician or 
                other clinician to such entity or the amount or value of 
                other business generated by such physician for the 
                entity.''.
SEC. 4127. CONSIDERATION OF SAFE HARBOR UNDER THE ANTI-KICKBACK 
                          STATUTE FOR CERTAIN CONTINGENCY 
                          MANAGEMENT INTERVENTIONS.

    Section 1128D(a) of the Social Security Act (42 U.S.C. 1320a-7d(a)) 
is amended by adding at the end the following new paragraph:
            ``(3) Consideration of safe harbor for certain contingency 
        management interventions.--
                    ``(A) <<NOTE: Deadline. Review.>>  In general.--Not 
                later than one year after the date of the enactment of 
                this paragraph, the Inspector General shall conduct a 
                review on whether to establish a safe harbor described 
                in paragraph (1)(A)(ii) for evidence-based contingency 
                management incentives and the parameters for such a safe 
                harbor. In conducting the review under the previous 
                sentence, the Inspector General shall consider the 
                extent to which providing such a safe harbor for 
                evidence-based contingency management incentives may 
                result in any of the factors described in paragraph (2).
                    ``(B) <<NOTE: Recommenda- tions.>>  Report.--Not 
                later than two years after the date of the enactment of 
                this paragraph, the Secretary and the Inspector General 
                shall submit to Congress recommendations, including 
                based on the review conducted under subparagraph (A), 
                for improving access to evidence-based contingency 
                management interventions while ensuring quality of care, 
                ensuring fidelity to evidence-based practices, and 
                including strong program integrity safeguards that 
                prevent increased waste, fraud, and abuse and prevent 
                medically unnecessary or inappropriate items or services 
                reimbursed in whole or in part by a Federal health care 
                program.''.

[[Page 136 STAT. 5916]]

SEC. 4128. <<NOTE: 42 USC 1395l note.>>  PROVIDER OUTREACH AND 
                          REPORTING ON CERTAIN BEHAVIORAL HEALTH 
                          INTEGRATION SERVICES.

    (a) Outreach.--The Secretary of Health and Human Services (in this 
section referred to as the ``Secretary'') shall conduct outreach to 
physicians and appropriate non-physician practitioners participating 
under the Medicare program under title XVIII of the Social Security Act 
(42 U.S.C. 1395 et seq.) with respect to behavioral health integration 
services described by any of HCPCS codes 99492 through 99494 or 99484 
(or any successor code). Such outreach shall include a comprehensive, 
one-time education initiative to inform such physicians and 
practitioners of the inclusion of such services as a covered benefit 
under the Medicare program, including describing the requirements to 
bill for such codes and the requirements for beneficiary eligibility for 
such services.
    (b) Reports to Congress.--
            (1) Provider outreach.--Not later than 1 year after the date 
        of the completion of the education initiative described in 
        subsection (a), the Secretary shall submit to the Committee on 
        Ways and Means and the Committee on Energy and Commerce of the 
        House of Representatives and the Committee on Finance of the 
        Senate a report on the outreach conducted under such subsection. 
        Such report shall include a description of the methods used for 
        such outreach.
            (2) <<NOTE: Time periods.>>  Utilization rates.--Not later 
        than 18 months after the date of the completion of the education 
        initiative described in subsection (a), and two years 
        thereafter, the Secretary shall submit to the Committee on Ways 
        and Means and the Committee on Energy and Commerce of the House 
        of Representatives and the Committee on Finance of the Senate a 
        report on the number of Medicare beneficiaries (including those 
        beneficiaries accessing services in rural and underserved areas) 
        who, during the preceding year, were furnished services 
        described in subsection (a) for which payment was made under 
        title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.).
SEC. 4129. <<NOTE: 42 USC 1395l note.>>  OUTREACH AND REPORTING ON 
                          OPIOID USE DISORDER TREATMENT SERVICES 
                          FURNISHED BY OPIOID TREATMENT PROGRAMS.

    (a) Outreach.--
            (1) Provider outreach.--The Secretary of Health and Human 
        Services (in this section referred to as the ``Secretary'') 
        shall conduct outreach to physicians and appropriate non-
        physician practitioners participating under the Medicare program 
        under title XVIII of the Social Security Act (42 U.S.C. 1395 et 
        seq.) with respect to opioid use disorder treatment services 
        furnished by an opioid treatment program (as defined in section 
        1861(jjj) of the Social Security Act (42 U.S.C. 1395x(jjj))). 
        Such outreach shall include a comprehensive, one-time education 
        initiative to inform such physicians and practitioners of the 
        inclusion of such services as a covered benefit under the 
        Medicare program, including describing the requirements for 
        billing and the requirements for beneficiary eligibility for 
        such services.
            (2) Beneficiary outreach.--The Secretary shall conduct 
        outreach to Medicare beneficiaries with respect to opioid use 
        disorder treatment services furnished by an opioid treatment 
        program (as defined in section 1861(jjj) of the Social Security 
        Act (42 U.S.C. 1395x(jjj))), including a comprehensive, one-

[[Page 136 STAT. 5917]]

        time education initiative informing such beneficiaries about the 
        eligibility requirements to receive such services.

    (b) Reports to Congress.--
            (1) Outreach.--Not later than 1 year after the date of the 
        completion of the education initiatives described in subsection 
        (a), the Secretary shall submit to the Committee on Ways and 
        Means and the Committee on Energy and Commerce of the House of 
        Representatives and the Committee on Finance of the Senate a 
        report on the outreach conducted under such subsection. Such 
        report shall include a description of the methods used for such 
        outreach.
            (2) Utilization rates.--Not later than 18 months after the 
        date of the completion of the education initiatives described in 
        subsection (a), and two years thereafter, the Secretary shall 
        submit to the Committee on Ways and Means and the Committee on 
        Energy and Commerce of the House of Representatives and the 
        Committee on Finance of the Senate a report on the number of 
        Medicare beneficiaries who, during the preceding year, were 
        furnished opioid use disorder treatment services by an opioid 
        treatment program (as defined in section 1861(jjj) of the Social 
        Security Act (42 U.S.C. 1395x(jjj))) for which payment was made 
        under title XVIII of such Act (42 U.S.C. 1395 et seq.).
SEC. 4130. GAO STUDY AND REPORT COMPARING COVERAGE OF MENTAL 
                          HEALTH AND SUBSTANCE USE DISORDER 
                          BENEFITS AND NON-MENTAL HEALTH AND 
                          SUBSTANCE USE DISORDER BENEFITS.

    (a) Study.--
            (1) In general.--The Comptroller General of the United 
        States (in this section referred to as the ``Comptroller 
        General'') shall conduct a study that compares the mental health 
        and substance use disorder benefits offered by Medicare 
        Advantage plans (including specialized MA plans for special 
        needs individuals, as defined in section 1859(b)(6) of the 
        Social Security Act (42 U.S.C. 1395w-28(b)(6)) under part C of 
        title XVIII of such Act with--
                    (A) benefits (other than mental health and substance 
                use disorder benefits) offered by such Medicare 
                Advantage plans; and
                    (B) the mental health and substance use disorder 
                benefits under the original Medicare fee-for-service 
                program under parts A and B of such title XVIII.
            (2) Analysis.--To the extent data is available and reliable, 
        the study under paragraph (1) shall include an analysis of--
                    (A) out-of-pocket expenses for in-network care;
                    (B) the use of prior authorization and other 
                utilization management tools;
                    (C) the mental health and substance use disorder 
                benefits offered; and
                    (D) other items determined appropriate by the 
                Comptroller General.
            (3) <<NOTE: Examination.>>  Plan and service specific.--To 
        the extent practicable, the study under paragraph (1) shall 
        examine differences by type of Medicare Advantage plan and type 
        of item or service.
            (4) Both required and supplemental benefits.--For purposes 
        of the study under paragraph (1), benefits offered

[[Page 136 STAT. 5918]]

        by Medicare Advantage plans (including specialized MA plans for 
        special needs individuals) under part C of title XVIII of the 
        Social Security Act shall include both and differentiate 
        between--
                    (A) benefits under the original Medicare fee-for-
                service program, as described in section 1852(a)(1)(B) 
                of such Act (42 U.S.C. 1395w-22(a)(1)(B)); and
                    (B) supplemental health care benefits, as described 
                in section 1852(a)(3)(A) of such Act (42 U.S.C. 1395w-
                22(a)(3)(A)).

    (b) Report.--Not later than 30 months after the date of the 
enactment of this Act, the Comptroller General shall submit to Congress 
a report on the study conducted under subsection (a).

                  Subtitle D--Other Medicare Provisions

SEC. 4131. TEMPORARY INCLUSION OF AUTHORIZED ORAL ANTIVIRAL DRUGS 
                          AS COVERED PART D DRUG.

    Section 1860D-2(e)(1) of the Social Security Act (42 U.S.C. 1395w-
102(e)(1)) is amended--
            (1) in subparagraph (A), by striking at the end ``or'';
            (2) in subparagraph (B), by striking the comma at the end 
        and inserting ``; or''; and
            (3) by inserting after subparagraph (B) the following new 
        subparagraph:
                    ``(C) <<NOTE: Time period.>>  for the period 
                beginning on the date of the enactment of this 
                subparagraph and ending on December 31, 2024, an oral 
                antiviral drug that may be dispensed only upon a 
                prescription and is authorized under section 564 of the 
                Federal Food, Drug, and Cosmetic Act, on the basis of 
                the declaration published in the Federal Register by the 
                Secretary of Health and Human Services on April 1, 2020 
                (85 Fed. Reg. 18250 et seq.),''.
SEC. 4132. RESTORATION OF CBO ACCESS TO CERTAIN PART D PAYMENT 
                          DATA.

     Section 1860D-15(f)(2) of the Social Security Act (42 U.S.C. 1395w-
115(f)(2)) is amended--
            (1) in subparagraph (B), by striking at the end ``and'';
            (2) in subparagraph (C), by striking at the end the period 
        and inserting ``; and''; and
            (3) by adding at the end the following new subparagraph:
                    ``(D) by the Director of the Congressional Budget 
                Office for the purposes of analysis of programs 
                authorized under the Social Security Act, as applicable, 
                and the fulfilment of such Director's duties under the 
                Congressional Budget and Impoundment Control Act of 
                1974.''.
SEC. 4133. MEDICARE COVERAGE OF CERTAIN LYMPHEDEMA COMPRESSION 
                          TREATMENT ITEMS.

    (a) Coverage.--
            (1) In general.--Section 1861 of the Social Security Act (42 
        U.S.C. 1395x), as amended by section 4121(a), is amended--
                    (A) in subsection (s)(2)--
                          (i) in subparagraph (HH), by striking ``and'' 
                      after the semicolon at the end;

[[Page 136 STAT. 5919]]

                          (ii) in subparagraph (II), by striking the 
                      period at the end and inserting ``; and''; and
                          (iii) by adding at the end the following new 
                      subparagraph:
            ``(JJ) lymphedema compression treatment items (as defined in 
        subsection (mmm));''; and
                    (B) by adding at the end the following new 
                subsection:

    ``(mmm) <<NOTE: Definition.>>  Lymphedema Compression Treatment 
Items.--The term `lymphedema compression treatment items' means standard 
and custom fitted gradient compression garments and other items 
determined by the Secretary that are--
            ``(1) furnished on or after January 1, 2024, to an 
        individual with a diagnosis of lymphedema for the treatment of 
        such condition;
            ``(2) primarily and customarily used to serve a medical 
        purpose and for the treatment of lymphedema, as determined by 
        the Secretary; and
            ``(3) prescribed by a physician (or a physician assistant, 
        nurse practitioner, or a clinical nurse specialist (as those 
        terms are defined in section 1861(aa)(5)) to the extent 
        authorized under State law).''.
            (2) Payment.--
                    (A) In general.--Section 1833(a)(1) of the Social 
                Security Act (42 U.S.C. 1395l(a)(1)) , as amended by 
                section 4121(a), is amended--
                          (i) by striking ``and'' before ``(FF)''; and
                          (ii) by inserting before the semicolon at the 
                      end the following: ``, and (GG) with respect to 
                      lymphedema compression treatment items (as defined 
                      in section 1861(mmm)), the amount paid shall be 
                      equal to 80 percent of the lesser of the actual 
                      charge or the amount determined under the payment 
                      basis determined under section 1834(z)''.
                    (B) Payment basis and limitations.--Section 1834 of 
                the Social Security Act (42 U.S.C. 1395m) is amended by 
                adding at the end the following new subsection:

    ``(z) Payment for Lymphedema Compression Treatment Items.--
            ``(1) <<NOTE: Determination.>>  In general.--The Secretary 
        shall determine an appropriate payment basis for lymphedema 
        compression treatment items (as defined in section 1861(mmm)). 
        In making such a determination, the Secretary may take into 
        account payment rates for such items under State plans (or 
        waivers of such plans) under title XIX, the Veterans Health 
        Administration, and group health plans and health insurance 
        coverage (as such terms are defined in section 2791 of the 
        Public Health Service Act), and such other information as the 
        Secretary determines appropriate.
            ``(2) Frequency limitation.--No payment may be made under 
        this part for lymphedema compression treatment items furnished 
        other than at such frequency as the Secretary may establish.
            ``(3) Application of competitive acquisition.--In the case 
        of lymphedema compression treatment items that are included in a 
        competitive acquisition program in a competitive acquisition 
        area under section 1847(a)--

[[Page 136 STAT. 5920]]

                    ``(A) the payment basis under this subsection for 
                such items furnished in such area shall be the payment 
                basis determined under such competitive acquisition 
                program; and
                    ``(B) the Secretary may use information on the 
                payment determined under such competitive acquisition 
                programs to adjust the payment amount otherwise 
                determined under this subsection for an area that is not 
                a competitive acquisition area under section 1847, and 
                in the case of such adjustment, paragraphs (8) and (9) 
                of section 1842(b) shall not be applied.''.
            (3) Conforming amendment.--Section 1847(a)(2) of the Social 
        Security Act (42 U.S.C. 1395w-3(a)(2)) is amended by adding at 
        the end the following new subparagraph:
                    ``(D) Lymphedema compression treatment items.--
                Lymphedema compression treatment items (as defined in 
                section 1861(mmm)) for which payment would otherwise be 
                made under section 1834(z).''.

    (b) Inclusion in Requirements for Suppliers of Medical Equipment and 
Supplies.--Section 1834 of the Social Security Act (42 U.S.C. 1395m) is 
amended--
            (1) in subsection (a)(20)(D), by adding at the end the 
        following new clause:
                          ``(iv) Lymphedema compression treatment items 
                      (as defined in section 1861(mmm)).''.
            (2) in subsection (j)(5)--
                    (A) by redesignating subparagraphs (E) and (F) as 
                subparagraphs (F) and (G), respectively; and
                    (B) by inserting after subparagraph (D) the 
                following new subparagraph:
                    ``(E) lymphedema compression treatment items (as 
                defined in section 1861(mmm));''.
SEC. 4134. PERMANENT IN-HOME BENEFIT FOR IVIG SERVICES.

    (a) Coverage.--Section 1861 of the Social Security Act (42 U.S.C. 
1395x) is amended--
            (1) in subsection (s)(2)(Z) by inserting ``, and items and 
        services furnished on or after January 1, 2024, related to the 
        administration of intravenous immune globulin,'' after 
        ``globulin''; and
            (2) in subsection (zz), by inserting ``furnished before 
        January 1, 2024,'' after ``but not including items or 
        services''.

    (b) Payment.--Section 1842(o) of the Social Security Act (42 U.S.C. 
1395u(o)) is amended by adding at the end the following new paragraph:
            ``(8) <<NOTE: Effective date.>>  In the case of intravenous 
        immune globulin described in section 1861(s)(2)(Z) that are 
        furnished on or after January 1, 2024, to an individual by a 
        supplier in the patient's home, the Secretary shall provide for 
        a separate bundled payment to the supplier for all items and 
        services related to the administration of such intravenous 
        immune globulin to such individual in the patient's home during 
        a calendar day in an amount that the Secretary determines to be 
        appropriate, which may be based on the payment established 
        pursuant to subsection (d) of section 101 of the Medicare IVIG 
        Access and Strengthening Medicare and Repaying Taxpayers Act of 
        2012. For purposes of the preceding sentence, such separate 
        bundled payment

[[Page 136 STAT. 5921]]

        shall not apply in the case of an individual receiving home 
        health services under section 1895.''.

    (c) Clarification With Respect to Payment for the In-home 
Administration of IVIG Items and Services.--Section 1834(j)(5) of the 
Social Security Act (42 U.S.C. 1395m(j)(5)) is amended--
            (1) by redesignating subparagraphs (E) and (F) as 
        subparagraphs (F) and (G), respectively; and
            (2) by inserting after subparagraph (D) the following new 
        subparagraph:
                    ``(E) items and services related to the 
                administration of intravenous immune globulin furnished 
                on or after January 1, 2024, as described in section 
                1861(zz);''.

    (d) Coinsurance.--Section 1833(a)(1) of the Social Security Act (42 
U.S.C. 1395l(a)(1), as amended by section 4121(a) and section 4133(a), 
is amended--
            (1) by striking ``and'' before ``(GG)''; and
            (2) <<NOTE: Effective date.>>  by inserting before the 
        semicolon at the end the following: ``, and (HH) with respect to 
        items and services related to the administration of intravenous 
        immune globulin furnished on or after January 1, 2024, as 
        described in section 1861(zz), the amounts paid shall be the 
        lesser of the 80 percent of the actual charge or the payment 
        amount established under section 1842(o)(8)''.

    (e) Additional Funding for Medicare IVIG Demonstration Project.--
            (1) Funding.--There is authorized to be appropriated, and 
        there is hereby appropriated, out of any monies in the Treasury 
        not otherwise appropriated, $4,300,000 for purposes of paying 
        for items and services furnished under the demonstration project 
        established by the Medicare IVIG Access and Strengthening 
        Medicare and Repaying Taxpayers Act of 2012 (42 U.S.C. 1395l 
        note).
            (2) Supplement, not supplant.--Any amounts appropriated 
        pursuant to this subsection shall be in addition to any other 
        amounts otherwise appropriated pursuant to any other provision 
        of law.
SEC. 4135. ACCESS TO NON-OPIOID TREATMENTS FOR PAIN RELIEF.

    (a) In General.--Section 1833(t) of the Social Security Act (42 
U.S.C. 1395l(t)) is amended--
            (1) in paragraph (2)(E), by inserting ``and temporary 
        additional payments for non-opioid treatments for pain relief 
        under paragraph (16)(G),'' after ``payments under paragraph 
        (6)''; and
            (2) in paragraph (16), by adding at the end the following 
        new subparagraph:
                    ``(G) Temporary additional payments for non-opioid 
                treatments for pain relief.--
                          ``(i) <<NOTE: Time period. Payments.>>  In 
                      general.--Notwithstanding any other provision of 
                      this subsection, with respect to a non-opioid 
                      treatment for pain relief (as defined in clause 
                      (iv)) furnished on or after January 1, 2025, and 
                      before January 1, 2028, the Secretary shall not 
                      package payment for such non-opioid treatment for 
                      pain relief into a payment for a covered OPD 
                      service (or group of services), and shall make an 
                      additional payment as

[[Page 136 STAT. 5922]]

                      specified in clause (ii) for such non-opioid 
                      treatment for pain relief.
                          ``(ii) <<NOTE: Determinations.>>  Amount of 
                      payment.--Subject to the limitation under clause 
                      (iii), the amount of the payment specified in this 
                      clause is, with respect to a non-opioid treatment 
                      for pain relief that is--
                                    ``(I) a drug or biological product, 
                                the amount of payment for such drug or 
                                biological determined under section 
                                1847A that exceeds the portion of the 
                                otherwise applicable Medicare OPD fee 
                                schedule that the Secretary determines 
                                is associated with the drug or 
                                biological; or
                                    ``(II) a medical device, the amount 
                                of the hospital's charges for the 
                                device, adjusted to cost, that exceeds 
                                the portion of the otherwise applicable 
                                Medicare OPD fee schedule that the 
                                Secretary determines is associated with 
                                the device.
                          ``(iii) Limitation.--The additional payment 
                      amount specified in clause (ii) shall not exceed 
                      the estimated average of 18 percent of the OPD fee 
                      schedule amount for the OPD service (or group of 
                      services) with which the non-opioid treatment for 
                      pain relief is furnished, as determined by the 
                      Secretary.
                          ``(iv) Definition of non-opioid treatment for 
                      pain relief.--In this subparagraph, the term `non-
                      opioid treatment for pain relief' means a drug, 
                      biological product, or medical device that--
                                    ``(I) in the case of a drug or 
                                biological product, has a label 
                                indication approved by the Food and Drug 
                                Administration to reduce postoperative 
                                pain, or produce postsurgical or 
                                regional analgesia, without acting upon 
                                the body's opioid receptors;
                                    ``(II) in case of a medical device, 
                                is used to deliver a therapy to reduce 
                                postoperative pain, or produce 
                                postsurgical or regional analgesia, and 
                                has--
                                            ``(aa) an application under 
                                        section 515 of the Federal Food, 
                                        Drug, and Cosmetic Act that has 
                                        been approved with respect to 
                                        the device, been cleared for 
                                        market under section 510(k) of 
                                        such Act, or is exempt from the 
                                        requirements of section 510(k) 
                                        of such Act pursuant to 
                                        subsection (l) or (m) or section 
                                        510 of such Act or section 
                                        520(g) of such Act; and
                                            ``(bb) demonstrated the 
                                        ability to replace, reduce, or 
                                        avoid intraoperative or 
                                        postoperative opioid use or the 
                                        quantity of opioids prescribed 
                                        in a clinical trial or through 
                                        data published in a peer-
                                        reviewed journal;
                                    ``(III) does not receive 
                                transitional pass-through payment under 
                                paragraph (6); and
                                    ``(IV) has payment that is packaged 
                                into a payment for a covered OPD service 
                                (or group of services).''.

    (b) Ambulatory Surgical Center Payment System.--Section 1833(i) of 
the Social Security Act (42 U.S.C. 1395l(i)) is amended by adding at the 
end the following new paragraph:

[[Page 136 STAT. 5923]]

            ``(10) Temporary additional payments for non-opioid 
        treatments for pain relief.--
                    ``(A) <<NOTE: Time period.>>  In general.--In the 
                case of surgical services furnished on or after January 
                1, 2025, and before January 1, 2028, the payment system 
                described in paragraph (2)(D)(i) shall provide, in a 
                budget-neutral manner, for an additional payment for a 
                non-opioid treatment for pain relief (as defined in 
                clause (iv) of subsection (t)(16)(G)) furnished as part 
                of such services in the amount specified in clause (ii) 
                of such subsection, subject to the limitation under 
                clause (iii) of such subsection.
                    ``(B) Transition.--A drug or biological that meets 
                the requirements of section 416.174 of title 42, Code of 
                Federal Regulations (or any successor regulation) and is 
                a non-opioid treatment for pain relief (as defined in 
                clause (iv) of subsection (t)(16)(G)) shall receive 
                additional payment in the amount specified in clause 
                (ii) of such subsection, subject to the limitation under 
                clause (iii) of such subsection.''.

    (c) Evaluation of Coverage and Payment for Non-opioid Therapies and 
Therapeutic Services for Pain Management.--
            (1) Report to congress.--Not later than January 1, 2028, the 
        Secretary of Health and Human Services (in this subsection 
        referred to as the ``Secretary'') shall submit to Congress a 
        report--
                    (A) identifying limitations, gaps, barriers to 
                access, or deficits in Medicare coverage or 
                reimbursement for restorative therapies, behavioral 
                approaches, and complementary and integrative health 
                services that are identified in the Pain Management Best 
                Practices Inter-Agency Task Force Report and that have 
                demonstrated the ability to replace or reduce opioid 
                consumption;
                    (B) <<NOTE: Recommenda- tions.>>  recommending 
                actions to address the limitations, gaps, barriers to 
                access, or deficits identified under subparagraph (A) to 
                improve Medicare coverage and reimbursement for such 
                therapies, approaches, and services; and
                    (C) <<NOTE: Time periods.>>  comparing, for the 12-
                month period following the first 6 months in which 
                additional payment for non-opioid treatments for pain 
                relief (as defined in clause (iv) of section 
                1833(t)(16)(G) of the Social Security Act, as added by 
                subsection (a)) is made under such section 
                1833(t)(16)(G)--
                          (i) with respect to Medicare beneficiaries who 
                      received a non-opioid treatment for pain relief 
                      (as so defined) as part of a covered OPD service, 
                      the quantity of opioids administered, dispensed, 
                      and prescribed for the same covered OPD service, 
                      including postoperative management; and
                          (ii) with respect to Medicare beneficiaries 
                      who did not receive a non-opioid treatment for 
                      pain relief (as so defined) as part of the same 
                      covered OPD service in clause (i)), the quantity 
                      of opioids administered, dispensed, and prescribed 
                      for the same covered OPD service, including 
                      postoperative management.
            (2) Reporting standard and public consultation.--In 
        developing the report described in paragraph (1), the Secretary 
        shall compare results from nationally represented samples of

[[Page 136 STAT. 5924]]

        beneficiaries and consult with relevant stakeholders as 
        determined appropriate by the Secretary.
            (3) Exclusive treatment.--Any drug, biological product, or 
        medical device that is a non-opioid treatment for pain relief 
        (as defined in section 1833(t)(16)(G)(iv) of the Social Security 
        Act, as added by subsection (a)) shall not be considered a 
        therapeutic service for purposes of the report under paragraph 
        (1).
SEC. 4136. TECHNICAL AMENDMENTS TO MEDICARE SEPARATE PAYMENT FOR 
                          DISPOSABLE NEGATIVE PRESSURE WOUND 
                          THERAPY DEVICES.

    (a) In General.--Section 1834(s) of the Social Security Act (42 
U.S.C. 1395m(s)) is amended--
            (1) by amending paragraph (3) to read as follows:
            ``(3) <<NOTE: Time periods.>>  Payment.--
                    ``(A) In general.--The separate payment amount 
                established under this paragraph for an applicable 
                disposable device for a year shall be equal to--
                          ``(i) for a year before 2024, the amount of 
                      the payment that would be made under section 
                      1833(t) (relating to payment for covered OPD 
                      services) for the year for the Level I Healthcare 
                      Common Procedure Coding System (HCPCS) code for 
                      which the description for a professional service 
                      includes the furnishing of such device;
                          ``(ii) for 2024, the supply price used to 
                      determine the relative value for the service under 
                      the fee schedule under section 1848 (as of January 
                      1, 2022) for the applicable disposable device, 
                      updated by the specified adjustment described in 
                      subparagraph (B) for such year; and
                          ``(iii) for 2025 and each subsequent year, the 
                      payment amount established under this paragraph 
                      for such device for the previous year, updated by 
                      the specified adjustment described in subparagraph 
                      (B) for such year.
                    ``(B) Specified adjustment.--
                          ``(i) In general.--For purposes of 
                      subparagraph (A), the specified adjustment 
                      described in this subparagraph for a year is equal 
                      to--
                                    ``(I) the percentage increase in the 
                                consumer price index for all urban 
                                consumers (United States city average) 
                                for the 12-month period ending in June 
                                of the previous year; minus
                                    ``(II) the productivity adjustment 
                                described in section 
                                1886(b)(3)(B)(xi)(II) for such year.
                          ``(ii) Clarification on application of the 
                      productivity adjustment.--The application of 
                      clause (i)(II) may result in a specified 
                      adjustment of less than 0.0 for a year, and may 
                      result in the separate payment amount under this 
                      subsection for an applicable device for a year 
                      being less than such separate payment amount for 
                      such device for the preceding year.
                    ``(C) Exclusion of nursing and therapy services from 
                separate payment.-- <<NOTE: Effective date.>> With 
                respect to applicable devices furnished on or after 
                January 1, 2024, the separate

[[Page 136 STAT. 5925]]

                payment amount determined under this paragraph shall not 
                include payment for nursing or therapy services 
                described in section 1861(m). Payment for such nursing 
                or therapy services shall be made under the prospective 
                payment system established under section 1895 and shall 
                not be separately billable.''; and
            (2) by adding at the end the following new paragraph:
            ``(4) <<NOTE: Effective date. Claims.>>  Implementation.--As 
        part of submitting claims for the separate payment established 
        under this subsection, beginning with 2024, the Secretary shall 
        accept and process claims submitted using the type of bill that 
        is most commonly used by home health agencies to bill services 
        under a home health plan of care.''.
SEC. 4137. EXTENSION OF CERTAIN HOME HEALTH RURAL ADD-ON PAYMENTS.

    Subsection (b)(1)(B) of section 421 of the Medicare Prescription 
Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173; 
117 Stat. 2283; 42 U.S.C. 1395fff note), as amended by section 5201(b) 
of the Deficit Reduction Act of 2005 (Public Law 109-171; 120 Stat. 46), 
section 3131(c) of the Patient Protection and Affordable Care Act 
(Public Law 111-148; 124 Stat. 428), section 210 of the Medicare Access 
and CHIP Reauthorization Act of 2015 (Public Law 114-10; 129 Stat. 151), 
and section 50208 of the Bipartisan Budget Act of 2018 (Public Law 115-
123; 132 Stat. 187) is amended--
            (1) in clause (iii), by striking ``and'' at the end; and
            (2) by adding at the end the following new clause:
                          ``(v) in the case of episodes and visits 
                      ending during 2023, by 1 percent; and''.
SEC. 4138. REMEDYING ELECTION REVOCATIONS RELATING TO 
                          ADMINISTRATION OF COVID-19 VACCINES.

    (a) In General.--Section 1821(b)(5)(A) of the Social Security Act 
(42 U.S.C. 1395i-5(b)(5)(A)) is amended--
            (1) in clause (i), by striking ``or'' or at the end;
            (2) in clause (ii), by striking the period at the end and 
        inserting ``, or''; and
            (3) by adding at the end the following new clause:
                          ``(iii) effective beginning on the date of the 
                      enactment of this clause, that is a COVID-19 
                      vaccine and its administration described in 
                      section 1861(s)(10)(A).''.

    (b) Special Rules for COVID-19 Vaccines Relating to Revocation of 
Election.-- <<NOTE: Applicability. 42 USC 1395i-5 
note.>> Notwithstanding paragraphs (3) and (4) of section 1821(b) of the 
Social Security Act (42 U.S.C. 1395i-5(b)), in the case of an individual 
with a revocation of an election under such section prior to the date of 
enactment of this Act by reason of receiving a COVID-19 vaccine and its 
administration described in section 1861(s)(10)(A) of such Act (42 
U.S.C. 1395x(s)(10)(A)), the following rules shall apply:
            (1) <<NOTE: Effective dates.>>  Beginning on such date of 
        enactment, such individual may make an election under such 
        section, which shall take effect immediately upon its execution, 
        if such individual would be eligible to make such an election if 
        they had not received such COVID-19 vaccine and its 
        administration.
            (2) Such revoked election shall not be taken into account 
        for purposes of determining the effective date for an election 
        described in subparagraph (A) or (B) of such paragraph (4).

[[Page 136 STAT. 5926]]

SEC. 4139. <<NOTE: 42 USC 1395m note.>>  PAYMENT RATES FOR DURABLE 
                          MEDICAL EQUIPMENT UNDER THE MEDICARE 
                          PROGRAM.

    (a) Areas Other Than Rural and Noncontiguous Areas.--
The <<NOTE: Applicability.>>  Secretary shall implement section 
414.210(g)(9)(v) of title 42, Code of Federal Regulations (or any 
successor regulation), to apply the transition rule described in the 
first sentence of such section to all applicable items and services 
furnished in areas other than rural or noncontiguous areas (as such 
terms are defined for purposes of such section) through the remainder of 
the duration of the emergency period described in section 1135(g)(1)(B) 
of the Social Security Act (42 U.S.C. 1320b-5(g)(1)(B)) or December 31, 
2023, whichever is later.

    (b) All Areas.--The Secretary shall not implement section 
414.210(g)(9)(vi) of title 42, Code of Federal Regulations (or any 
successor regulation) until the date immediately following the last day 
of the emergency period described in section 1135(g)(1)(B) of the Social 
Security Act (42 U.S.C. 1320b-5(g)(1)(B)), or January 1, 2024, whichever 
is later.
    (c) Implementation.--Notwithstanding any other provision of law, the 
Secretary may implement the provisions of this section by program 
instruction or otherwise.
SEC. 4140. EXTENDING ACUTE HOSPITAL CARE AT HOME WAIVERS AND 
                          FLEXIBILITIES.

    Title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) is 
amended by inserting after section 1866F the following new section:
``SEC. 1866G. <<NOTE: 42 USC 1395cc-7.>>  EXTENSION OF ACUTE 
                            HOSPITAL CARE AT HOME INITIATIVE.

    ``(a) In General.--
            ``(1) <<NOTE: Time period.>>  Extension.--With respect to 
        inpatient hospital admissions occurring during the period 
        beginning on the first day after the end of the emergency period 
        described in section 1135(g)(1)(B) and ending on December, 31, 
        2024, the Secretary of Health and Human Services shall grant 
        waivers and flexibilities (as described in paragraph (2)) to an 
        individual hospital that submits a request for such waivers and 
        flexibilities and meets specified criteria (as described in 
        paragraph (3)) in order to participate in the Acute Hospital 
        Care at Home initiative of the Secretary.
            ``(2) Acute hospital care at home waivers and 
        flexibilities.--For the purposes of paragraph (1), the waivers 
        and flexibilities described in this paragraph are the following 
        waivers and flexibilities that were made available to individual 
        hospitals under the Acute Hospital Care at Home initiative of 
        the Secretary during the emergency period described in section 
        1135(g)(1)(B):
                    ``(A) Subject to paragraph (3)(D), waiver of the 
                requirements to provide 24-hour nursing services on 
                premises and for the immediate availability of a 
                registered nurse under section 482.23(b) of title 42, 
                Code of Federal Regulations (or any successor 
                regulation), and the waivers of the physical environment 
                and Life Safety Code requirements under section 482.41 
                of title 42, Code of Federal Regulations (or any 
                successor regulation).

[[Page 136 STAT. 5927]]

                    ``(B) Flexibility to allow a hospital to furnish 
                inpatient services, including routine services, outside 
                the hospital under arrangements, as described in 
                Medicare Program: Hospital Outpatient Prospective 
                Payment and Ambulatory Surgical Center Payment Systems 
                and Quality Reporting Programs; Organ Acquisition; Rural 
                Emergency Hospitals: Payment Policies, Conditions of 
                Participation, Provider Enrollment, Physician Self-
                Referral; New Service Category for Hospital Outpatient 
                Department Prior Authorization Process; Overall Hospital 
                Quality Star Rating; COVID-19 (87 Fed. Reg. 71748 et 
                seq.).
                    ``(C) Waiver of the telehealth requirements under 
                clause (i) of section 1834(m)(4)(C), as amended by 
                section 4113(a) of the Health Extenders, Improving 
                Access to Medicare, Medicaid, and CHIP, and 
                Strengthening Public Health Act of 2022, such that the 
                originating sites described in clause (ii) of such 
                section shall include the home or temporary residence of 
                the individual.
                    ``(D) Other waivers and flexibilities that, as of 
                the date of enactment of this section, were in place for 
                such initiative during such emergency period.
            ``(3) <<NOTE: Determinations.>>  Specified criteria.--For 
        purposes of paragraph (1), the specified criteria for granting 
        such waivers and flexibilities to individual hospitals are:
                    ``(A) The hospital shall indicate to the Secretary 
                the criteria it would use to ensure that hospital 
                services be furnished only to an individual who requires 
                an inpatient level of care, and shall require that a 
                physician document in the medical record of each such 
                individual that the individual meets such criteria.
                    ``(B) The hospital and any other entities providing 
                services under arrangements with the hospital shall 
                ensure that the standard of care to treat an individual 
                at home is the same as the standard of care to treat 
                such individual as an inpatient of the hospital.
                    ``(C) The hospital shall ensure that an individual 
                is only eligible for services under paragraph (1) if the 
                individual is a hospital inpatient or is a patient of 
                the hospital's emergency department for whom the 
                hospital determines that an inpatient level of care is 
                required (as described in subparagraph (A)).
                    ``(D) The hospital shall meet all patient safety 
                standards determined appropriate by the Secretary, in 
                addition to those that otherwise apply to the hospital, 
                except those for which the waivers and flexibilities 
                under this subsection apply.
                    ``(E) <<NOTE: Data.>>  The hospital shall provide to 
                the Secretary, at a time, form and manner determined by 
                the Secretary, any data and information the Secretary 
                determines necessary to do the following:
                          ``(i) Monitor the quality of care furnished, 
                      and to the extent practicable, ensure the safety 
                      of individuals and analyze costs of such care.
                          ``(ii) Undertake the study described in 
                      subsection (b).
                    ``(F) The hospital meets such other requirements and 
                conditions as the Secretary determines appropriate.

[[Page 136 STAT. 5928]]

            ``(4) <<NOTE: Determination.>>  Termination.--The Secretary 
        may terminate a hospital from participation in such initiative 
        (and the waivers and flexibilities applicable to such hospital) 
        if the Secretary determines that the hospital no longer meets 
        the criteria described in paragraph (3).

    ``(b) Study and Report.--
            ``(1) <<NOTE: Analyses.>>  In general.--The Secretary shall 
        conduct a study to--
                    ``(A) <<NOTE: Determination.>>  analyze, to the 
                extent practicable, the criteria established by 
                hospitals under the Acute Hospital Care at Home 
                initiative of the Secretary to determine which 
                individuals may be furnished services under such 
                initiative; and
                    ``(B) analyze and compare, to the extent 
                practicable--
                          ``(i) quality of care furnished to individuals 
                      with similar conditions and characteristics in the 
                      inpatient setting and through the Acute Hospital 
                      Care at Home initiative, including health 
                      outcomes, hospital readmission rates, hospital 
                      mortality rates, length of stay, infection rates, 
                      and patient experience of care;
                          ``(ii) clinical conditions treated and 
                      diagnosis-related groups of discharges from the 
                      inpatient setting and under the Acute Hospital 
                      Care at Home initiative;
                          ``(iii) <<NOTE: Costs.>>  costs incurred by 
                      furnishing care in the inpatient setting and 
                      through the Acute Hospital Care at Home 
                      initiative;
                          ``(iv) the quantity, mix and intensity of such 
                      services (such as in-person visits and virtual 
                      contacts with patients) furnished in the Acute 
                      Hospital Care at Home initiative and furnished in 
                      the inpatient setting; and
                          ``(v) socioeconomic information on 
                      beneficiaries treated under the initiative, 
                      including racial and ethnic data, income, and 
                      whether such beneficiaries are dually eligible for 
                      benefits under this title and title XIX.
            ``(2) <<NOTE: Public information. Web posting.>>  Report.--
        Not later than September 30, 2024, the Secretary of Health and 
        Human Services shall post on a website of the Centers for 
        Medicare & Medicaid Services a report on the study conducted 
        under paragraph (1).
            ``(3) Funding.--In addition to amounts otherwise available, 
        there is appropriated to the Centers for Medicare & Medicaid 
        Services Program Management Account for fiscal year 2023, out of 
        any amounts in the Treasury not otherwise appropriated, 
        $5,000,000, to remain available until expended, for purposes of 
        carrying out this subsection.

    ``(c) Implementation.--Notwithstanding any other provision of law, 
the Secretary may implement this section by program instruction or 
otherwise.
    ``(d) <<NOTE: Web postings.>>  Publicly Available Information.--The 
Secretary shall, as feasible, make the information collected under 
subsections (a)(3)(E) and (b)(1) available on the Medicare.gov internet 
website (or a successor website).''.
SEC. 4141. EXTENSION OF PASS-THROUGH STATUS UNDER THE MEDICARE 
                          PROGRAM FOR CERTAIN DEVICES IMPACTED BY 
                          COVID-19.

    (a) In General.--Section 1833(t)(6) of the Social Security Act (42 
U.S.C. 1395l(t)(6)) is amended--

[[Page 136 STAT. 5929]]

            (1) in subparagraph (B)(iii), in the matter preceding 
        subclause (I), by striking ``A category'' and inserting 
        ``Subject to subparagraph (K), a category''; and
            (2) by adding at the end the following new subparagraph:
                    ``(K) <<NOTE: Time period.>>  Pass-through extension 
                for certain devices.--
                          ``(i) In general.--In the case of a device 
                      whose period of pass-through status under this 
                      paragraph will end on December 31, 2022, such 
                      pass-through status shall be extended for a 1-year 
                      period beginning on January 1, 2023.
                          ``(ii) No adjustment for packaged costs.--For 
                      purposes of the 1-year period described in clause 
                      (i), the Secretary shall not remove the packaged 
                      costs of such device (as determined by the 
                      Secretary) from the payment amount under this 
                      subsection for a covered OPD service (or group of 
                      services) with which it is packaged.
                          ``(iii) No application of aggregate limit or 
                      budget neutrality.--Notwithstanding any other 
                      provision of this subsection, this subparagraph 
                      shall not be taken into account--
                                    ``(I) in applying the limit on 
                                annual aggregate adjustments under 
                                subparagraph (E) for 2023; or
                                    ``(II) in making any budget 
                                neutrality adjustments under this 
                                subsection for 2023.''.

    (b) <<NOTE: 42 USC 1395l note.>>  Implementation.--Notwithstanding 
any other provision of law, the Secretary of Health and Human Service 
may implement the amendments made by subsection (a) by program 
instruction or otherwise.
SEC. 4142. <<NOTE: Public information. Web postings. 42 USC 
                          1395fff note.>>  INCREASING TRANSPARENCY 
                          FOR HOME HEALTH PAYMENTS UNDER THE 
                          MEDICARE PROGRAM.

    (a) <<NOTE: Notice. Public comments. Regulations. Time periods.>>  
Transparency.--In notice and comment rulemaking used to implement 
section 1895(b)(3)(D) of the Social Security Act (42 U.S.C. 
1395fff(b)(3)(D), the Secretary of Health and Human Services (referred 
to in this section as the ``Secretary'') shall, on the date of the 
notice of proposed rulemaking, make available through the internet 
website of the Centers for Medicare & Medicaid Services the following:
            (1) <<NOTE: Data.>>  Electronic data files showing the 
        Centers for Medicare & Medicaid Services simulation of 60-day 
        episodes under the home health prospective payment system in 
        effect prior to the Patient Driven Groupings Model using data 
        from 30-day periods paid under such Model, if such data are used 
        in determining payment adjustments under clauses (ii) or (iii) 
        of such section 1895(b)(3)(D).
            (2) To the extent practicable, a description of actual 
        behavior changes, as described in clause (i) of such section 
        1895(b)(3)(D), including behavior changes as a result of the 
        implementation of sections 1895(b)(2)(B) and 1895(b)(4)(B) of 
        the Social Security Act (42 U.S.C. 1395fff(b)(2)(B) and 
        1395(b)(4)(B)) that occurred in calendar years 2020 through 
        2026.

    (b) Engagement With Stakeholders.--
            (1) <<NOTE: Deadline.>>  In general.--Not later than 90 days 
        after the date of enactment of this section, the Secretary shall 
        use an open door forum, a town hall meeting, a web-based forum, 
        or other

[[Page 136 STAT. 5930]]

        appropriate mechanism to receive input from home health 
        stakeholders and interested parties on Medicare home health 
        payment rate development, including the items described in 
        paragraphs (1) and (2) of subsection (a) with respect to the 
        home health prospective payment system rate for calendar year 
        2023.
            (2) Requirement.--At least 30 days before the forum, 
        meeting, or other mechanism referred to in paragraph (1), the 
        Secretary shall make available through the internet website of 
        the Centers for Medicare & Medicaid Services the items described 
        in paragraphs (1) and (2) of subsection (a) with respect to the 
        home health prospective payment system rate for calendar year 
        2023 as finalized in the final rule entitled ``Medicare Program; 
        Calendar Year 2023 Home Health Prospective Payment System Rate 
        Update; Home Health Quality Reporting Program Requirements; Home 
        Health Value-Based Purchasing Expanded Model Requirements; and 
        Home Infusion Therapy Services Requirements'' published in the 
        Federal Register on November 4, 2022 (87 Fed. Reg. 66790).

    (c) Construction.--Nothing in this section shall be construed to 
require any change in the methodology used by the Secretary to implement 
such section 1895(b)(3)(D), to restrict the Secretary's discretion in 
establishing the methodology to implement such section, or to suggest 
that the Secretary's promulgation of the methodology implementing such 
Calendar Year 2023 home health final rule was inadequate under Chapter 5 
of title 5, United States Code (commonly known as the ``Administrative 
Procedures Act'') or any other provision of law.
SEC. 4143. WAIVER OF CAP ON ANNUAL PAYMENTS FOR NURSING AND ALLIED 
                          HEALTH EDUCATION PAYMENTS.

    (a) In General.--Section 1886(l)(2)(B) of the Social Security Act 
(42 U.S.C. 1395ww(l)(2)(B)) is amended--
            (1) by striking ``payments.--Such ratio'' and inserting 
        ``payments.--
                          ``(i) In general.--Subject to clause (ii), 
                      such ratio''; and
            (2) by adding at the end the following new clause:
                          ``(ii) Exception to annual limitation for each 
                      of 2010 through 2019.--For each of 2010 through 
                      2019, the limitation under clause (i) on the total 
                      amount of additional payments for nursing and 
                      allied health education to be distributed to 
                      hospitals under this subsection for portions of 
                      cost reporting periods occurring in the year shall 
                      not apply to such payments made in such year to 
                      those hospitals that, as of the date of the 
                      enactment of this clause, are operating a school 
                      of nursing, a school of allied health, or a school 
                      of nursing and allied health.''.

    (b) No Affect on Payments for Direct Graduate Medical Education.--
Section 1886(h)(3)(D)(iii) of the Social Security Act (42 U.S.C. 
1395ww(h)(3)(D)(iii)) is amended by adding at the end the following 
sentence: ``In applying the preceding sentence for each of 2010 through 
2019, the Secretary shall not take into account any increase in the 
total amount of such additional payment amounts for such nursing and 
allied health education for portions

[[Page 136 STAT. 5931]]

of cost reporting periods occurring in the year pursuant to the 
application of paragraph (2)(B)(ii) of such subsection.''.
    (c) <<NOTE: 42 USC 1395ww note.>>  Retroactive Application.--The 
amendments made by this section shall apply to payments made for 
portions of cost reporting periods occurring in 2010 through 2019.

    (d) Funding.--In addition to amounts otherwise available, there is 
appropriated to the Centers for Medicare & Medicaid Services Program 
Management Account for fiscal year 2023, out of any amounts in the 
Treasury not otherwise appropriated, $3,000,000, to remain available 
until expended, for purposes of carrying out the amendments made by this 
section.

                 Subtitle E--Health Care Tax Provisions

SEC. 4151. EXTENSION OF SAFE HARBOR FOR ABSENCE OF DEDUCTIBLE FOR 
                          TELEHEALTH.

    (a) In General.--Section 223(c)(2)(E) of the Internal Revenue Code 
of 1986 <<NOTE: 26 USC 223.>>  is amended by striking ``In the case of 
plan years'' and all that follows through ``a plan'' and inserting ``In 
the case of--
                          ``(i) months beginning after March 31, 2022, 
                      and before January 1, 2023, and
                          ``(ii) plan years beginning on or before 
                      December 31, 2021, or after December 31, 2022, and 
                      before January 1, 2025,
                a plan''.

    (b) Certain Coverage Disregarded.--Section 223(c)(1)(B)(ii) of the 
Internal Revenue Code of 1986 is amended by striking ``(in the case of 
plan years beginning on or before December 31, 2021, or in the case of 
months beginning after March 31, 2022, and before January 1, 2023)'' and 
inserting ``(in the case of months or plan years to which paragraph 
(2)(E) applies)''.
    (c) <<NOTE: 26 USC 223 note.>>  Effective Date.--The amendments made 
by this section shall apply to plan years beginning after December 31, 
2022.

                           Subtitle F--Offsets

SEC. 4161. REDUCTION OF MEDICARE IMPROVEMENT FUND.

    Section 1898(b)(1) of the Social Security Act (42 U.S.C. 
1395iii(b)(1)) is amended by striking ``$7,278,000,000'' and inserting 
``$180,000,000''.
SEC. 4162. EXTENSION OF ADJUSTMENT TO CALCULATION OF HOSPICE CAP 
                          AMOUNT UNDER MEDICARE.

    Section 1814(i)(2)(B) of the Social Security Act (42 U.S.C. 
1395f(i)(2)(B)) is amended--
            (1) in clause (ii), by striking ``2031'' and inserting 
        ``2032''; and
            (2) in clause (iii), by striking ``2031'' and inserting 
        ``2032''.
SEC. 4163. MEDICARE DIRECT SPENDING REDUCTIONS.

    Section 251A(6) of the Balanced Budget and Emergency Deficit Control 
Act of 1985 (2 U.S.C. 901a(6)) is amended--
            (1) in subparagraph (B), in the matter preceding clause 
        (i)--

[[Page 136 STAT. 5932]]

                    (A) by striking ``On the dates OMB issues its 
                sequestration preview reports'' and inserting ``On the 
                date on which the President submits the budget under 
                section 1105 of title 31, United States Code,''; and
                    (B) by striking ``pursuant to section 254(c),'';
            (2) in subparagraph (C), by moving the margin 2 ems to the 
        left;
            (3) by striking subparagraphs (D) and (E); and
            (4) by adding at the end the following:
            ``(D) <<NOTE: President. Sequestration. Payments. Time 
        periods.>>  On the date on which the President submits the 
        budget under section 1105 of title 31, United States Code, for 
        fiscal year 2032, the President shall order a sequestration of 
        payments for the Medicare programs specified in section 256(d), 
        effective upon issuance, such that, notwithstanding the 2 
        percent limit specified in subparagraph (A) for such payments--
                    ``(i) with respect to the first 6 months in which 
                such order is effective for such fiscal year, the 
                payment reduction shall be 2.0 percent; and
                    ``(ii) with respect to the second 6 months in which 
                such order is effective for such fiscal year, the 
                payment reduction shall be 0 percent.''.

                  TITLE V--MEDICAID AND CHIP PROVISIONS

                         Subtitle A--Territories

SEC. 5101. <<NOTE: Time periods.>>  MEDICAID ADJUSTMENTS FOR THE 
                          TERRITORIES.

    (a) Revising Allotments for Puerto Rico.--Section 1108(g) of the 
Social Security Act (42 U.S.C. 1308(g)) is amended--
            (1) in paragraph (2)--
                    (A) in subparagraph (A)--
                          (i) in clause (i)--
                                    (I) by striking ``clause (ii)'' and 
                                inserting ``clause (ii) or (iii)''; and
                                    (II) by striking ``and'' at the end;
                          (ii) in clause (ii), by striking the semicolon 
                      and inserting ``; and''; and
                          (iii) by adding at the end the following new 
                      clause:
                          ``(iii) for fiscal year 2023 and each 
                      subsequent fiscal year, the amount specified in 
                      paragraph (11) for such fiscal year;''; and
                    (B) in the matter following subparagraph (E), by 
                striking ``each fiscal year after fiscal year 2021'' and 
                inserting ``fiscal year 2022 (and, in the case of a 
                territory other than Puerto Rico, for each subsequent 
                fiscal year)''; and
            (2) by adding at the end the following new paragraphs:
            ``(11) Allotment amounts for puerto rico for fiscal year 
        2023 and subsequent fiscal years.--For purposes of paragraph 
        (2)(A)(iii), subject to paragraphs (12) and (13), the amounts 
        specified in this paragraph are the following:
                    ``(A) For fiscal year 2023, $3,275,000,000.
                    ``(B) For fiscal year 2024, $3,325,000,000.
                    ``(C) For fiscal year 2025, $3,475,000,000.

[[Page 136 STAT. 5933]]

                    ``(D) For fiscal year 2026, $3,645,000,000.
                    ``(E) For fiscal year 2027, $3,825,000,000.
                    ``(F) For fiscal year 2028, the sum of the amount 
                that would have been provided under this subsection for 
                Puerto Rico for such fiscal year in accordance with 
                clause (i) of paragraph (2)(A) (without regard to clause 
                (iii) of such paragraph) had the amount provided under 
                this subsection for Puerto Rico for each of fiscal years 
                2020 through 2027 been equal to the following:
                          ``(i) For fiscal year 2020, the sum of the 
                      amount provided under this subsection for Puerto 
                      Rico for fiscal year 2019, increased by the 
                      percentage increase in the medical care component 
                      of the Consumer Price Index for all urban 
                      consumers (as published by the Bureau of Labor 
                      Statistics) for the 12-month period ending in 
                      March preceding the beginning of the fiscal year, 
                      rounded to the nearest $100,000.
                          ``(ii) For each of fiscal years 2021 through 
                      2027, the sum of the amount provided under this 
                      subparagraph for the preceding fiscal year, 
                      increased in accordance with the percentage 
                      increase described in clause (i), rounded to the 
                      nearest $100,000.
                    ``(G) For fiscal year 2029 and each subsequent 
                fiscal year, the sum of the amount specified in this 
                paragraph for the preceding fiscal year, increased by 
                the percentage increase in the medical care component of 
                the Consumer Price Index for all urban consumers (as 
                published by the Bureau of Labor Statistics) for the 12-
                month period ending in March preceding the beginning of 
                the fiscal year, rounded to the nearest $100,000.
        In <<NOTE: Determination.>>  determining the amount specified 
        under subparagraph (F) for fiscal year 2028 or under 
        subparagraph (G) for fiscal year 2029 or a subsequent fiscal 
        year, the Secretary may in no way take into account the amount 
        that was provided under this subsection for Puerto Rico for 
        fiscal year 2022 that was based on the Centers for Medicare & 
        Medicaid Services' interpretation of the flush language 
        following paragraph (2)(E) (as described in the letters sent by 
        the Centers for Medicare & Medicaid Services to the Director of 
        the Medicaid Program for Puerto Rico dated September 24, 2021, 
        and November 18, 2021, respectively).
            ``(12) Additional increase for puerto rico.--
                    ``(A) <<NOTE: Certification. Plan. Applicability.>>  
                In general.--For fiscal year 2023 and each subsequent 
                fiscal year through fiscal year 2027, the amount 
                specified in paragraph (11) for the fiscal year shall be 
                equal to the amount specified for such fiscal year under 
                such paragraph increased by $300,000,000 if the 
                Secretary certifies that, with respect to such fiscal 
                year, Puerto Rico's State plan under title XIX (or 
                waiver of such plan) establishes a reimbursement floor, 
                implemented through a directed payment arrangement plan, 
                for physician services that are covered under the 
                Medicare part B fee schedule in the Puerto Rico locality 
                established under section 1848(b) that is not less than 
                75 percent of the payment that would apply to such 
                services if they were furnished under part B of title 
                XVIII during such fiscal year.

[[Page 136 STAT. 5934]]

                    ``(B) Application to managed care.--In certifying 
                whether Puerto Rico has established a reimbursement 
                floor under a directed payment arrangement plan that 
                satisfies the requirements of subparagraph (A)--
                          ``(i) <<NOTE: Payments. Contracts. Effective 
                      date.>>  for fiscal year 2023, the Secretary shall 
                      apply such requirements to payments for physician 
                      services under a managed care contract entered 
                      into or renewed after the date of enactment of 
                      this paragraph and disregard payments for 
                      physician services under any managed care contract 
                      that was entered into prior to such date; and
                          ``(ii) for each subsequent fiscal year through 
                      fiscal year 2027--
                                    ``(I) the Secretary shall disregard 
                                payments made under subcapitated 
                                arrangements for services such as 
                                primary care case management; and
                                    ``(II) if the reimbursement floor 
                                for physician services applicable under 
                                a managed care contract satisfies the 
                                requirements of subparagraph (A) for the 
                                fiscal year in which the contract is 
                                entered into or renewed, such 
                                reimbursement floor shall be deemed to 
                                satisfy such requirements for the 
                                subsequent fiscal year.
                    ``(C) Nonapplication of increase in determining 
                allotments for subsequent fiscal years.--An increase 
                under this paragraph for a fiscal year may not be taken 
                into account in calculating the amount specified under 
                paragraph (11) for the succeeding fiscal year.
            ``(13) Further increase for puerto rico.--
                    ``(A) <<NOTE: Determinations.>>  In general.--For 
                each of fiscal years 2023 through 2027, the amount 
                specified in paragraph (11) for the fiscal year shall be 
                equal to the amount specified for such fiscal year under 
                such paragraph (increased, if applicable, in accordance 
                with paragraph (12)) and further increased--
                          ``(i) in the case of each of fiscal years 2023 
                      through 2025, by $75,000,000 if the Secretary 
                      determines that Puerto Rico fully satisfies the 
                      requirements described in paragraph (7)(A)(i) for 
                      such fiscal year; and
                          ``(ii) in the case of each of fiscal years 
                      2026 and 2027, by $75,000,000 if the Secretary 
                      determines that Puerto Rico fully satisfies the 
                      requirements described in--
                                    ``(I) paragraph (7)(A)(i) for such 
                                fiscal year; and
                                    ``(II) paragraph (7)(A)(v) for such 
                                fiscal year.
                    ``(B) Nonapplication of increase in determining 
                allotments for subsequent fiscal years.--An increase 
                under this paragraph for a fiscal year may not be taken 
                into account in calculating the amount specified under 
                paragraph (11) for the succeeding fiscal year.''.

    (b) Extension of Increased FMAPs.--Section 1905(ff) of the Social 
Security Act (42 U.S.C. 1396d(ff)) is amended--
            (1) in the header, by striking ``Temporary'';
            (2) in paragraph (2)--
                    (A) by striking ``subject to section 
                1108(g)(7)(C),''; and

[[Page 136 STAT. 5935]]

                    (B) by striking ``December 23, 2022'' and inserting 
                ``September 30, 2027,''; and
            (3) in paragraph (3), by striking ``for the period beginning 
        December 21, 2019, and ending December 23, 2022'' and inserting 
        ``beginning December 21, 2019''.

    (c) Application of Asset Verification Program Requirements to Puerto 
Rico.--Section 1940 of the Social Security Act (42 U.S.C. 1396w) is 
amended--
            (1) in subsection (a)--
                    (A) in paragraph (3)(A), by adding at the end the 
                following new clause:
                          ``(iii) <<NOTE: Deadline.>>  Implementation in 
                      puerto rico.--The Secretary shall require Puerto 
                      Rico to implement an asset verification program 
                      under this subsection by January 1, 2026.''; and
                    (B) in paragraph (4)--
                          (i) in the paragraph heading, by striking 
                      ``Exemption of territories'' and inserting 
                      ``Exemption of certain territories''; and
                          (ii) by striking ``and the District of 
                      Columbia'' and inserting ``, the District of 
                      Columbia, and Puerto Rico''; and
            (2) in subsection (k)--
                    (A) in paragraph (1)--
                          (i) by redesignating subparagraphs (A) through 
                      (D) as clauses (i) through (iv), respectively, and 
                      adjusting the margins accordingly;
                          (ii) in the matter preceding clause (i), as so 
                      redesignated--
                                    (I) by striking ``beginning on or 
                                after January 1, 2021''; and
                                    (II) by striking ``for a non-
                                compliant State shall be reduced--'' and 
                                inserting the following: ``for--
                    ``(A) a non-compliant State that is one of the 50 
                States or the District of Columbia shall be reduced--'';
                          (iii) in clause (iv), as so redesignated, by 
                      striking the period at the end and inserting ``; 
                      and''; and
                          (iv) by adding at the end the following new 
                      subparagraph:
                    ``(B) a non-compliant State that is Puerto Rico 
                shall be reduced--
                          ``(i) for calendar quarters in fiscal year 
                      2026 beginning on or after January 1, 2026, by 
                      0.12 percentage points;
                          ``(ii) for calendar quarters in fiscal year 
                      2027, by 0.25 percentage points;
                          ``(iii) for calendar quarters in fiscal year 
                      2028, by 0.35 percentage points; and
                          ``(iv) for calendar quarters in fiscal year 
                      2029 and each fiscal year thereafter, by 0.5 
                      percentage points.''; and
                    (B) in paragraph (2)(A), by striking ``or the 
                District of Columbia'' and inserting ``, the District of 
                Columbia, or Puerto Rico''.

    (d) Extension of Reporting Requirement.--Section 1108(g)(9) of the 
Social Security Act (42 U.S.C. 1308(g)(9)) is amended--

[[Page 136 STAT. 5936]]

            (1) in subparagraph (A), by inserting ``and for fiscal year 
        2023 and each subsequent fiscal year (or, in the case of Puerto 
        Rico, and for fiscal year 2023 and each subsequent fiscal year 
        before fiscal year 2028)'' after ``fiscal year 2021)''; and
            (2) in subparagraph (B)(i), by inserting ``or by reason of 
        the amendments made by section 5101 of the Health Extenders, 
        Improving Access to Medicare, Medicaid, and CHIP, and 
        Strengthening Public Health Act of 2022'' before the period at 
        the end.

    (e) Puerto Rico Program Integrity.--Section 1108(g)(7)(A) of the 
Social Security Act (42 U.S.C. 1308(g)(7)(A)) is amended--
            (1) in clause (iii), in the header, by inserting 
        ``reporting'' after ``reform''; and
            (2) by adding at the end the following new clause:
                          ``(v) <<NOTE: Deadlines.>>  Contracting and 
                      procurement oversight lead requirement.--
                                    ``(I) <<NOTE: Designation.>>  In 
                                general.--Not later than 6 months after 
                                the date of the enactment of this 
                                clause, the agency responsible for the 
                                administration of Puerto Rico's Medicaid 
                                program under title XIX shall designate 
                                an officer (other than the director of 
                                such agency) to serve as the Contracting 
                                and Procurement Oversight Lead to carry 
                                out the duties specified in subclause 
                                (II).
                                    ``(II) <<NOTE: Certification.>>  
                                Duties.--Not later than 60 days after 
                                the end of each fiscal quarter 
                                (beginning with the first fiscal quarter 
                                beginning on or after the date that is 1 
                                year after the date of the enactment of 
                                this clause), the officer designated 
                                pursuant to subclause (I) shall, with 
                                respect to each contract described in 
                                clause (iii) with an annual value 
                                exceeding $150,000 entered into during 
                                such quarter, certify to the Secretary 
                                either--
                                            ``(aa) that such contract 
                                        has met the procurement 
                                        standards identified under any 
                                        of sections 75.327, 75.328, and 
                                        75.329 of title 45, Code of 
                                        Federal Regulations (or 
                                        successor regulations); or
                                            ``(bb) that extenuating 
                                        circumstances (including a lack 
                                        of multiple entities competing 
                                        for such contract) prevented the 
                                        compliance of such contract with 
                                        such standards.
                                    ``(III) <<NOTE: Public 
                                information.>>  Publication.--The 
                                officer designated pursuant to subclause 
                                (I) shall make public each certification 
                                containing extenuating circumstances 
                                described in subclause (II)(bb) not 
                                later than 30 days after such 
                                certification is made, including a 
                                description of, and justification of, 
                                such extenuating circumstances.
                                    ``(IV) <<NOTE: Reports.>>  Review of 
                                compliance.--Not later than 2 years 
                                after the date of the enactment of this 
                                clause, the Inspector General of the 
                                Department of Health and Human Services 
                                shall submit to Congress a report on the 
                                compliance of Puerto Rico with the 
                                provisions of this clause.''.

[[Page 136 STAT. 5937]]

    (f) Medicaid Data Systems Improvement Payments.--Section 1108 of the 
Social Security Act (42 U.S.C. 1308) is amended by adding at the end the 
following new subsection:
    ``(i) Data Systems Improvement Payments.--
            ``(1) In general.--Subject to paragraphs (2) and (3), the 
        Secretary shall pay to each eligible territory an amount equal 
        to 100 percent of the qualifying data system improvement 
        expenditures incurred by such territory on or after October 1, 
        2023.
            ``(2) Treatment as medicaid payments.--
                    ``(A) In general.--Payments to eligible territories 
                made under this paragraph shall be considered to have 
                been made under, and are subject to the requirements of, 
                section 1903.
                    ``(B) Nonduplication.--No payment shall be made 
                under title XIX (other than as provided under paragraph 
                (1)), title XXI, or any other provision of law with 
                respect to an expenditure for which payment is made 
                under such paragraph.
            ``(3) Allotments.--The Secretary shall specify an allotment 
        for each eligible territory for payments made under paragraph 
        (1) in a manner such that--
                    ``(A) the total amount of payments made under such 
                paragraph for all eligible territories does not exceed 
                $20,000,000; and
                    ``(B) each eligible territory receives an equitable 
                allotment of such payments.
            ``(4) No effect on territorial caps.--A payment to an 
        eligible territory under this subsection shall not be taken into 
        account for purposes of applying the payment limits under 
        subsections (f) and (g).
            ``(5) Definitions.--In this subsection:
                    ``(A) Eligible territory.--The term `eligible 
                territory' means American Samoa, Guam, the Northern 
                Mariana Islands, and the Virgin Islands.
                    ``(B) Qualifying data system improvement 
                expenditure.--The term `qualifying data system 
                improvement expenditure' means an expenditure by an 
                eligible territory to improve, update, or enhance a data 
                system that is used by the territory to carry out an 
                administrative activity for which Federal financial 
                participation is available under section 1903(a).''.

    (g) Strategic Plan and Evaluation.--
            (1) <<NOTE: Deadlines.>>  In general.--Each territory 
        described in paragraph (2) shall--
                    (A) <<NOTE: Time period.>>  not later than September 
                30, 2023, submit to the Secretary of Health and Human 
                Services a 4-year strategic plan that outlines the 
                territory's goals relating to workforce development, 
                financing, systems implementation and operation, and 
                program integrity with respect to the territory's 
                Medicaid program under title XIX of the Social Security 
                Act (42 U.S.C. 1396 et seq.); and
                    (B) <<NOTE: Analysis.>>  not later than September 
                30, 2027, submit to the Secretary of Health and Human 
                Services an analysis of the extent to which the 
                territory has achieved, or is making progress toward 
                achieving, the goals described in such strategic plan, 
                and any policy changes relating to such goals

[[Page 136 STAT. 5938]]

                that were adopted by the territory after the submission 
                of the plan.
            (2) Territories described.--The territories described in 
        this paragraph are American Samoa, Guam, the Northern Mariana 
        Islands, and the Virgin Islands.

                 Subtitle B--Medicaid and CHIP Coverage

SEC. 5111. FUNDING EXTENSION OF THE CHILDREN'S HEALTH INSURANCE 
                          PROGRAM AND RELATED PROVISIONS.

    (a) In General.--Section 2104(a) of the Social Security Act (42 
U.S.C. 1397dd(a)) is amended--
            (1) in paragraph (27), by striking ``through 2026'' and 
        inserting ``through 2028''; and
            (2) in paragraph (28)--
                    (A) in the matter preceding subparagraph (A), by 
                striking ``for fiscal year 2027'' and inserting ``for 
                fiscal year 2029'';
                    (B) in subparagraph (A), by striking ``beginning on 
                October 1, 2026, and ending on March 31, 2027'' and 
                inserting ``beginning on October 1, 2028, and ending on 
                March 31, 2029''; and
                    (C) in subparagraph (B), by striking ``beginning on 
                April 1, 2027, and ending on September 30, 2027'' and 
                inserting ``beginning on April 1, 2029, and ending on 
                September 30, 2029''.

    (b) CHIP Allotments.--
            (1) In general.--Section 2104(m) of the Social Security Act 
        (42 U.S.C. 1397dd(m)) is amended--
                    (A) in paragraph (2)(B)(i), by striking ``, 2023, 
                and 2027'' and inserting ``2023, and 2029'';
                    (B) in paragraph (5), by striking ``or 2027'' and 
                inserting ``or 2029'';
                    (C) in paragraph (7)--
                          (i) in subparagraph (A), by striking ``fiscal 
                      year 2027,'' and inserting ``fiscal year 2029''; 
                      and
                          (ii) in the flush left matter at the end, by 
                      striking ``or fiscal year 2026.'' and inserting 
                      ``fiscal year 2026, or fiscal year 2028.'';
                    (D) in paragraph (9), by striking ``or 2027'' and 
                inserting ``or 2029''; and
                    (E) in paragraph (11)--
                          (i) in the paragraph header, by striking 
                      ``fiscal year 2027'' and inserting ``fiscal year 
                      2029''; and
                          (ii) in subparagraph (C)--
                                    (I) by striking ``fiscal year 2026'' 
                                each place it appears and inserting 
                                ``fiscal year 2028''; and
                                    (II) by striking ``fiscal year 
                                2027'' and inserting ``fiscal year 
                                2029''.
            (2) Conforming amendments.--Section 50101(b)(2) of the 
        Bipartisan Budget Act of 2018 (Public Law 115-123) <<NOTE: 132 
        Stat. 173.>>  is amended--
                    (A) in the paragraph header, by striking ``fiscal 
                year 2027'' and inserting ``fiscal year 2029'';
                    (B) by striking ``fiscal year 2027'' each place it 
                appears and inserting ``fiscal year 2029''; and

[[Page 136 STAT. 5939]]

                    (C) by striking ``beginning on October 1, 2026, and 
                ending on March 31, 2027'' and inserting ``beginning on 
                October 1, 2028, and ending on March 31, 2029''.

    (c) Other Related CHIP Policies.--
            (1) Pediatric quality measures program.--Section 1139A(i)(1) 
        of the Social Security Act (42 U.S.C. 1320b-9a(i)(1)) is 
        amended--
                    (A) in subparagraph (C), by striking at the end 
                ``and'';
                    (B) in subparagraph (D), by striking the period at 
                the end and inserting ``; and''; and
                    (C) by adding at the end the following new 
                subparagraph:
                    ``(E) for each of fiscal years 2028 and 2029, 
                $15,000,000 for the purpose of carrying out this section 
                (other than subsections (e), (f), and (g)).''.
            (2) Assurance of eligibility standards for children.--
        Section 2105(d)(3) of the Social Security Act (42 U.S.C. 
        1397ee(d)(3)) is amended--
                    (A) in the paragraph heading, by striking ``through 
                september 30, 2027'' and inserting ``through september 
                30, 2029''; and
                    (B) in subparagraph (A) by striking ``September 30, 
                2027'' each place it appears and inserting ``September 
                30, 2029''.
            (3) Qualifying states option.--Section 2105(g)(4) of the 
        Social Security Act (42 U.S.C. 1397ee(g)(4)) is amended--
                    (A) in the paragraph heading, by striking ``through 
                2027'' and inserting ``through 2029''; and
                    (B) in subparagraph (A), by striking ``through 
                2027'' and inserting ``through 2029''.
            (4) Outreach and enrollment program.--Section 2113 of the 
        Social Security Act (42 U.S.C. 1397mm) is amended--
                    (A) in subsection (a)--
                          (i) in paragraph (1), by striking ``through 
                      2027'' and inserting ``through 2029''; and
                          (ii) in paragraph (3), by striking ``through 
                      2027'' and inserting ``through 2029''; and
                    (B) in subsection (g)--
                          (i) by striking ``2017,,'' and inserting 
                      ``2017,'';
                          (ii) by striking ``and $48,000,000'' and 
                      inserting ``$48,000,000''; and
                          (iii) by inserting after ``through 2027'' the 
                      following: ``, and $40,000,000 for the period of 
                      fiscal years 2028 and 2029''.
            (5) Child enrollment contingency fund.--Section 2104(n) of 
        the Social Security Act (42 U.S.C. 1397dd(n)) is amended--
                    (A) by striking ``2024 through 2026'' each place it 
                appears and inserting ``2024 through 2028''; and
                    (B) by striking ``2023, and 2027'' each place it 
                appears and inserting ``2023, and 2029''.

    (d) Extension of Certain Provisions.--
            (1) Express lane eligibility option.--Section 1902(e)(13)(I) 
        of the Social Security Act (42 U.S.C. 1396a(e)(13)(I)) is 
        amended by striking ``2027'' and inserting ``2029''.

[[Page 136 STAT. 5940]]

            (2) Conforming amendments for assurance of affordability 
        standard for children and families.--Section 1902(gg)(2) of the 
        Social Security Act (42 U.S.C. 1396a(gg)(2)) is amended--
                    (A) in the paragraph heading, by striking ``through 
                september 30, 2027'' and inserting ``through september 
                30, 2029''; and
                    (B) by striking ``2027'' each place it appears and 
                inserting ``2029,''.
SEC. 5112. CONTINUOUS ELIGIBILITY FOR CHILDREN UNDER MEDICAID AND 
                          CHIP.

    (a) Under the Medicaid Program.--Section 1902(e) of the Social 
Security Act (42 U.S.C. 1396a(e)) is amended by striking paragraph (12) 
and inserting the following new paragraph:
            ``(12) 1 year of continuous eligibility for children.--
        The <<NOTE: Determination.>>  State plan (or waiver of such 
        State plan) shall provide that an individual who is under the 
        age of 19 and who is determined to be eligible for benefits 
        under a State plan (or waiver of such plan) approved under this 
        title under subsection (a)(10)(A) shall remain eligible for such 
        benefits until the earlier of--
                    ``(A) the end of the 12-month period beginning on 
                the date of such determination;
                    ``(B) the time that such individual attains the age 
                of 19; or
                    ``(C) the date that such individual ceases to be a 
                resident of such State.''.

    (b) Under the Children's Health Insurance Program.--Section 
2107(e)(1) of the Social Security Act (42 U.S.C. 1397gg(e)(1)) is 
amended--
            (1) by redesignating subparagraphs (K) through (T) as 
        subparagraphs (L) through (U), respectively; and
            (2) by inserting after subparagraph (J) the following new 
        subparagraph:
                    ``(K) <<NOTE: Time period.>>  Section 1902(e)(12) 
                (relating to 1 year of continuous eligibility for 
                children), except that a targeted low-income child 
                enrolled under the State child health plan or waiver may 
                be transferred to the Medicaid program under title XIX 
                for the remaining duration of the 12-month continuous 
                eligibility period, if the child becomes eligible for 
                full benefits under title XIX during such period.''.

    (c) <<NOTE: 42 USC 1396a note.>>  Effective Date.--The amendments 
made by this section shall take effect on the first day of the first 
fiscal quarter that begins on or after the date that is 1 year after the 
date of enactment of this Act.
SEC. 5113. <<NOTE: 42 USC 1396a note.>>  MODIFICATIONS TO 
                          POSTPARTUM COVERAGE UNDER MEDICAID AND 
                          CHIP.

    Effective as if included in the enactment of sections 9812 and 9822 
of the American Rescue Plan Act of 2021 (Public Law 117-2), subsection 
(b) of each such section <<NOTE: 42 USC 1396a note, 1397gg note.>>  is 
amended by striking ``during the 5-year period''.
SEC. 5114. EXTENSION OF MONEY FOLLOWS THE PERSON REBALANCING 
                          DEMONSTRATION.

    (a) In General.--Subsection (h) of section 6071 of the Deficit 
Reduction Act of 2005 (42 U.S.C. 1396a note) is amended--

[[Page 136 STAT. 5941]]

            (1) in paragraph (1)--
                    (A) in each of subparagraphs (F), (H), and (J), by 
                striking ``and'' after the semicolon;
                    (B) in subparagraph (K), by striking the period and 
                inserting ``; and''; and
                    (C) by adding at the end the following:
                    ``(L) $450,000,000 for each of fiscal years 2024 
                through 2027.'';
            (2) in paragraph (2), by striking ``September 30, 2023'' and 
        inserting ``September 30 of the subsequent fiscal year''; and
            (3) by adding at the end the following new paragraph:
            ``(3) <<NOTE: Time periods.>>  Technical assistance.--In 
        addition to amounts otherwise available, there is appropriated 
        to the Secretary, out of any money in the Treasury not otherwise 
        appropriated for fiscal 2023 and for each subsequent 3-year 
        period through fiscal year 2029, $5,000,000, to remain available 
        until expended, for carrying out subsections (f) and (g).''.

    (b) <<NOTE: Rescission.>>  Redistribution of Unexpended Grant 
Awards.--Subsection (e)(2) of section 6071 of the Deficit Reduction Act 
of 2005 (42 U.S.C. 1396a note) is amended by adding at the end the 
following new sentence: ``Any portion of a State grant award for a 
fiscal year under this section that is unexpended by the State at the 
end of the fourth succeeding fiscal year shall be rescinded by the 
Secretary and added to the appropriation for the fifth succeeding fiscal 
year.''.
SEC. 5115. EXTENSION OF MEDICAID PROTECTIONS AGAINST SPOUSAL 
                          IMPOVERISHMENT FOR RECIPIENTS OF HOME 
                          AND COMMUNITY-BASED SERVICES.

    Section 2404 of the Patient Protection and Affordable Care Act (42 
U.S.C. 1396r-5 note) is amended by striking ``September 30, 2023'' and 
inserting ``September 30, 2027''.

               Subtitle C--Medicaid and CHIP Mental Health

SEC. 5121. MEDICAID AND CHIP REQUIREMENTS FOR HEALTH SCREENINGS, 
                          REFERRALS, AND CASE MANAGEMENT SERVICES 
                          FOR ELIGIBLE JUVENILES IN PUBLIC 
                          INSTITUTIONS.

    (a) Medicaid State Plan Requirement.--Section 1902 of the Social 
Security Act (42 U.S.C. 1396a) is amended--
            (1) in subsection (a)(84)--
                    (A) in subparagraph (A), by inserting ``, subject to 
                subparagraph (D),'' after ``but'';
                    (B) in subparagraph (B), by striking ``and'' at the 
                end;
                    (C) in subparagraph (C), by adding ``and'' at the 
                end; and
                    (D) by adding at the end the following new 
                subparagraph:
                    ``(D) <<NOTE: Time periods.>>  in the case of an 
                individual who is an eligible juvenile described in 
                subsection (nn)(2) and is within 30 days of the date on 
                which such eligible juvenile is scheduled

[[Page 136 STAT. 5942]]

                to be released from a public institution following 
                adjudication, the State shall have in place a plan, and 
                in accordance with such plan, provide for--
                          ``(i) <<NOTE: Deadline.>>  in the 30 days 
                      prior to the release of such eligible juvenile 
                      from such public institution (or not later than 
                      one week, or as soon as practicable, after release 
                      from the public institution), and in coordination 
                      with such institution, any screening or diagnostic 
                      service which meets reasonable standards of 
                      medical and dental practice, as determined by the 
                      State, or as indicated as medically necessary, in 
                      accordance with paragraphs (1)(A) and (5) of 
                      section 1905(r), including a behavioral health 
                      screening or diagnostic service; and
                          ``(ii) in the 30 days prior to the release of 
                      such eligible juvenile from such public 
                      institution, and for at least 30 days following 
                      the release of such eligible juvenile from such 
                      institution, targeted case management services, 
                      including referrals for such eligible juvenile to 
                      the appropriate care and services available in the 
                      geographic region of the home or residence of such 
                      eligible juvenile (where feasible) under the State 
                      plan (or waiver of such plan);''; and
            (2) in subsection (nn)(3), by striking ``(30)'' and 
        inserting ``(31)''.

    (b) Authorization of Federal Financial Participation.--The 
subdivision (A) of section 1905(a) of the Social Security Act (42 U.S.C. 
1396d(a)) following paragraph (31) of such section is amended by 
inserting ``, or in the case of an eligible juvenile described in 
section 1902(a)(84)(D) with respect to the screenings, diagnostic 
services, referrals, and targeted case management services required 
under such section'' after ``(except as a patient in a medical 
institution''.
    (c) CHIP Conforming Amendments.--
            (1) Section 2102 of the Social Security Act (42 U.S.C. 
        1397bb) is amended by adding at the end the following new 
        subsection:

    ``(d) Treatment of Children Who Are Inmates of a Public 
Institution.--
            ``(1) <<NOTE: Determinations.>>  In general.--The State 
        child health plan shall provide that--
                    ``(A) the State shall not terminate eligibility for 
                child health assistance under the State child health 
                plan for a targeted low-income child because the child 
                is an inmate of a public institution, but may suspend 
                coverage during the period the child is such an inmate;
                    ``(B) in the case of a targeted low-income child who 
                was determined eligible for child health assistance 
                under the State child health plan (or waiver of such 
                plan) immediately before becoming an inmate of a public 
                institution, the State shall, prior to the child's 
                release from such public institution, conduct a 
                redetermination of eligibility for such child with 
                respect to such child health assistance (without 
                requiring a new application from the child) and, if the 
                State determines pursuant to such redetermination that 
                the child continues to meet the eligibility requirements 
                for such child health assistance, the State shall 
                restore

[[Page 136 STAT. 5943]]

                coverage for such child health assistance to such child 
                upon the child's release from such public institution; 
                and
                    ``(C) in the case of a targeted low-income child who 
                is determined eligible for child health assistance while 
                an inmate of a public institution (subject to the 
                exception to the exclusion of children who are inmates 
                of a public institution described in section 
                2110(b)(7)), the State shall process any application for 
                child health assistance submitted by, or on behalf of, 
                the child such that the State makes a determination of 
                eligibility for the child with respect to child health 
                assistance upon release of the child from the public 
                institution.
            ``(2) Required coverage of screenings, diagnostic services, 
        referrals, and case management for certain inmates pre-
        release.-- <<NOTE: Plan. Time period.>> A State child health 
        plan shall provide that, in the case of a targeted low-income 
        child who is within 30 days of the date on which such child is 
        scheduled to be released from a public institution following 
        adjudication, the State shall have in place a plan for 
        providing, and shall provide in accordance with such plan, 
        screenings, diagnostic services, referrals, and case management 
        services otherwise covered under the State child health plan (or 
        waiver of such plan) in the same manner as described in section 
        1902(a)(84)(D).''.
            (2) Section 2110(b) of the Social Security Act (42 U.S.C. 
        1397jj(b)) is amended--
                    (A) in paragraph (2)(A), by inserting ``except as 
                provided in paragraph (7),'' before ``a child who is an 
                inmate of a public institution''; and
                    (B) by adding at the end the following new 
                paragraph:
            ``(7) Exception to exclusion of children who are inmates of 
        a public institution.-- <<NOTE: Time period.>> In the case of a 
        child who is an inmate of a public institution, during the 30 
        days prior to the release of the child from such institution the 
        child shall not be considered to be described in paragraph 
        (2)(A) with respect to the screenings, diagnostic services, 
        referrals, and case management services otherwise covered under 
        the State child health plan (or waiver of such plan) that the 
        State is required to provide under section 2102(d)(2).''.

    (d) <<NOTE: 42 USC 1396a note.>>  Effective Date.--The amendments 
made by this section shall apply beginning on the first day of the first 
calendar quarter that begins on or after the date that is 24 months 
after the date of enactment of this Act.
SEC. 5122. REMOVAL OF LIMITATIONS ON FEDERAL FINANCIAL 
                          PARTICIPATION FOR INMATES WHO ARE 
                          ELIGIBLE JUVENILES PENDING DISPOSITION 
                          OF CHARGES.

    (a) Medicaid.--
            (1) In general.--The subdivision (A) of section 1905(a) of 
        the Social Security Act (42 U.S.C. 1396d(a)) following paragraph 
        (31) of such section, as amended by section 5121(b), is further 
        amended by inserting ``, or, at the option of the State, for an 
        individual who is an eligible juvenile (as defined in section 
        1902(nn)(2)), while such individual is an inmate of a public 
        institution (as defined in section 1902(nn)(3)) pending 
        disposition of charges'' after ``or in the case of an eligible 
        juvenile described in section 1902(a)(84)(D) with respect

[[Page 136 STAT. 5944]]

        to the screenings, diagnostic services, referrals, and case 
        management required under such section''.
            (2) Conforming amendment.--Section 1902(a)(84)(A) of the 
        Social Security Act (42 U.S.C. 1396a(a)(84)(A)) is amended by 
        inserting ``(or in the case of a State electing the option 
        described in the subdivision (A) following paragraph (31) of 
        section 1905(a), during such period beginning after the 
        disposition of charges with respect to such individual)'' after 
        ``is such an inmate''.

    (b) CHIP.--Section 2110(b)(7) of the Social Security Act (42 U.S.C. 
13977jj(b)(7)), as added by section 5121(c)(2)(B), is amended--
            (1) in the heading, by striking ``Exception'' and inserting 
        ``Exceptions''; and
            (2) by adding at the end the following new sentence: ``At 
        the option of the State, a child who is an inmate of a public 
        institution shall not be considered to be described in paragraph 
        (2)(A) during the period that the child is an inmate of such 
        institution pending disposition of charges.''.

    (c) <<NOTE: 42 USC 1396a note.>>  Effective Date.--The amendments 
made by this section shall take effect on the first day of the first 
calendar quarter that begins after the date that is 24 months after the 
date of enactment of this Act and shall apply to items and services 
furnished for periods beginning on or after such date.
SEC. 5123. REQUIRING ACCURATE, UPDATED, AND SEARCHABLE PROVIDER 
                          DIRECTORIES.

    (a) Application to Managed Care.--Section 1932(a)(5) of the Social 
Security Act (42 U.S.C. 1396u-2(a)(5)) is amended--
            (1) in subparagraph (B)(i), by inserting ``, including as 
        required by subparagraph (E)'' before the period at the end; and
            (2) by adding at the end the following new subparagraph:
                    ``(E) Provider directories.--
                          ``(i) <<NOTE: Time period. Public 
                      information. Web postings.>>  In general.--Each 
                      managed care organization, prepaid inpatient 
                      health plan (as defined by the Secretary), prepaid 
                      ambulatory health plan (as defined by the 
                      Secretary), and, when appropriate, primary care 
                      case management entity (as defined by the 
                      Secretary) with a contract with a State to enroll 
                      individuals who are eligible for medical 
                      assistance under the State plan under this title 
                      or under a waiver of such plan, shall publish (and 
                      update on at least a quarterly basis or more 
                      frequently as required by the Secretary) on a 
                      public website, a searchable directory of network 
                      providers, which shall include physicians, 
                      hospitals, pharmacies, providers of mental health 
                      services, providers of substance use disorder 
                      services, providers of long term services and 
                      supports as appropriate, and such other providers 
                      as required by the Secretary, and that includes 
                      with respect to each such provider--
                                    ``(I) the name of the provider;
                                    ``(II) the specialty of the 
                                provider;
                                    ``(III) the address at which the 
                                provider provides services;
                                    ``(IV) the telephone number of the 
                                provider; and

[[Page 136 STAT. 5945]]

                                    ``(V) information regarding--
                                            ``(aa) the provider's 
                                        cultural and linguistic 
                                        capabilities, including 
                                        languages (including American 
                                        Sign Language) offered by the 
                                        provider or by a skilled medical 
                                        interpreter who provides 
                                        interpretation services at the 
                                        provider's office;
                                            ``(bb) whether the provider 
                                        is accepting as new patients, 
                                        individuals who receive medical 
                                        assistance under this title;
                                            ``(cc) whether the 
                                        provider's office or facility 
                                        has accommodations for 
                                        individuals with physical 
                                        disabilities, including offices, 
                                        exam rooms, and equipment;
                                            ``(dd) the Internet website 
                                        of such provider, if applicable; 
                                        and
                                            ``(ee) whether the provider 
                                        offers covered services via 
                                        telehealth; and
                                    ``(VI) other relevant information, 
                                as required by the Secretary.
                          ``(ii) Network provider defined.--In this 
                      subparagraph, the term `network provider' includes 
                      any provider, group of providers, or entity that 
                      has a network provider agreement with a managed 
                      care organization, a prepaid inpatient health plan 
                      (as defined by the Secretary), a prepaid 
                      ambulatory health plan (as defined by the 
                      Secretary), or a primary care case management 
                      entity (as defined by the Secretary) or a 
                      subcontractor of any such entity or plan, and 
                      receives payment under this title directly or 
                      indirectly to order, refer, or render covered 
                      services as a result of the State's contract with 
                      the entity or plan. For purposes of this 
                      subparagraph, a network provider shall not be 
                      considered to be a subcontractor by virtue of the 
                      network provider agreement.''.

    (b) Conforming Amendments to State Plan Requirements.--Section 
1902(a) of the Social Security Act (42 U.S.C. 1396a) is amended--
            (1) by striking paragraph (83) and inserting the following:
            ``(83) <<NOTE: Time period. Public information. Web 
        posting.>>  provide that in the case of a State plan (or waiver 
        of the plan) that provides medical assistance on a fee-for-
        service basis or through a primary care case-management system 
        described in section 1915(b)(1), the State shall publish (and 
        update on at least a quarterly basis or more frequently as 
        required by the Secretary) on the public website of the State 
        agency administering the State plan, a searchable directory of 
        the providers described in subsection (mm) that, in addition to 
        such other requirements as the Secretary may specify, such as 
        making paper directories available to enrollees, includes with 
        respect to each such provider--
                    ``(A) the name of the provider;
                    ``(B) the specialty of the provider;
                    ``(C) the address at which the provider provides 
                services;
                    ``(D) the telephone number of the provider;
                    ``(E) information regarding--

[[Page 136 STAT. 5946]]

                          ``(i) the provider's cultural and linguistic 
                      capabilities, including languages (including 
                      American Sign Language) offered by the provider or 
                      by a skilled medical interpreter who provides 
                      interpretation services at the provider's office;
                          ``(ii) whether the provider is accepting as 
                      new patients individuals who receive medical 
                      assistance under this title;
                          ``(iii) whether the provider's office or 
                      facility has accommodations for individuals with 
                      physical disabilities, including offices, exam 
                      rooms, and equipment;
                          ``(iv) the Internet website of such provider, 
                      if applicable; and
                          ``(v) whether the provider offers covered 
                      services via telehealth; and
                    ``(F) other relevant information as required by the 
                Secretary;''; and
            (2) by striking subsection (mm) and inserting the following:

    ``(mm) Directory Provider Described.--
            ``(1) <<NOTE: Time period.>>  In general.--A provider 
        described in this subsection, at a minimum, includes physicians, 
        hospitals, pharmacies, providers of mental health services, 
        providers of substance use disorder services, providers of long 
        term services and supports as appropriate, and such other 
        providers as required by the Secretary, and--
                    ``(A) in the case of a provider or a provider type 
                for which the State agency, as a condition of receiving 
                payment for items and services furnished by the provider 
                to individuals eligible to receive medical assistance 
                under the State plan (or a waiver of the plan), requires 
                the enrollment of the provider with the State agency, 
                includes a provider that--
                          ``(i) is enrolled with the agency as of the 
                      date on which the directory is published or 
                      updated (as applicable) under subsection (a)(83); 
                      and
                          ``(ii) received payment under the State plan 
                      in the 12-month period preceding such date; and
                    ``(B) in the case of a provider or a provider type 
                for which the State agency does not require such 
                enrollment, includes a provider that received payment 
                under the State plan (or a waiver of the plan) in the 
                12-month period preceding the date on which the 
                directory is published or updated (as applicable) under 
                subsection (a)(83).
            ``(2) State option to include other participating 
        providers.--At State option, a provider described in this 
        subsection may include any provider who furnishes services and 
        is participating under the State plan under this title or under 
        a waiver of such plan.''.

    (c) General Application to CHIP.--Section 2107(e)(1)(G) of the 
Social Security Act (42 U.S.C. 1397gg(e)(1)(G)) is amended by inserting 
``and subsection (a)(83) of section 1902 (relating to searchable 
directories of the providers described in subsection (mm) of such 
section)'' before the period.
    (d) <<NOTE: 42 USC 1396a note.>>  Effective Date.--The amendments 
made by this section shall take effect on July 1, 2025.

[[Page 136 STAT. 5947]]

SEC. 5124. <<NOTE: Deadlines. 42 USC 1396w-7.>>  SUPPORTING ACCESS 
                          TO A CONTINUUM OF CRISIS RESPONSE 
                          SERVICES UNDER MEDICAID AND CHIP.

    (a) Guidance.--Not later than July 1, 2025, the Secretary, in 
coordination with the Administrator of the Centers for Medicare & 
Medicaid Services and the Assistant Secretary for Mental Health and 
Substance Use, shall issue guidance to States regarding Medicaid and 
CHIP that includes the following:
            (1) <<NOTE: Recommenda- tions.>>  Provides, in consultation 
        with health care providers and stakeholders with expertise in 
        mental health and substance use disorder crisis response 
        services, recommendations for an effective continuum of crisis 
        response services that--
                    (A) includes crisis call centers, including 988 
                crisis services hotlines, mobile crisis teams, crisis 
                response services delivered in home, community, 
                residential facility, and hospital settings, and 
                coordination with follow-on mental health and substance 
                use disorder services, such as intensive outpatient and 
                partial hospitalization programs, as well as connections 
                to social services and supports;
                    (B) promotes access to appropriate and timely mental 
                health and substance use disorder crisis response 
                services in the least restrictive setting appropriate to 
                an individual's needs; and
                    (C) promotes culturally competent, trauma-informed 
                care, and crisis de-escalation.
            (2) Outlines the Federal authorities through which States 
        may finance and enhance under Medicaid and CHIP the availability 
        of crisis response services across each stage of the continuum 
        of crisis response services.
            (3) Addresses how States under Medicaid and CHIP may support 
        the ongoing implementation of crisis call centers, including 988 
        crisis services hotlines, and how Medicaid administrative 
        funding, including enhanced matching, and the Medicaid 
        Information Technology Architecture 3.0 framework, may be used 
        to establish or enhance regional or statewide crisis call 
        centers, including 988 crisis services hotlines, that coordinate 
        in real time.
            (4) Identifies how States under Medicaid and CHIP may 
        support access to crisis response services that are responsive 
        to the needs of children, youth, and families, including through 
        CHIP health services initiatives, behavioral disorder-specific 
        crisis response, trained peer support services, and establishing 
        or enhancing crisis call centers that are youth-focused.
            (5) Identifies policies and practices to meet the need for 
        crisis response services with respect to differing patient 
        populations, including urban, rural, and frontier communities, 
        differing age groups, cultural and linguistic minorities, 
        individuals with co-occurring mental health and substance use 
        disorder conditions, and individuals with disabilities.
            (6) Identifies policies and practices to promote evidence-
        based suicide risk screenings and assessments.
            (7) Identifies strategies to facilitate timely provision of 
        crisis response services, including how States can enable access 
        to crisis response services without requiring a diagnosis, the 
        use of presumptive eligibility at different stages of the 
        continuum of crisis response services, the use of telehealth to 
        deliver crisis response services, strategies to make crisis 
        response services available 24/7 in medically underserved

[[Page 136 STAT. 5948]]

        regions, and best practices used by States and health providers 
        for maximizing capacity to deliver crisis response services, 
        such as identifying and repurposing available beds, space, and 
        staff for crisis response services.
            (8) Describes best practices for coordinating Medicaid and 
        CHIP funding with other payors and sources of Federal funding 
        for mental health and substance use disorder crisis response 
        services, and best practices for Medicaid and CHIP financing 
        when the continuum of crisis response services serves 
        individuals regardless of payor.
            (9) Describes best practices for establishing effective 
        connections with follow-on mental health and substance use 
        disorder services, as well as with social services and supports.
            (10) Describes best practices for coordinating and financing 
        a continuum of crisis response services through Medicaid managed 
        care organizations, prepaid inpatient health plans, prepaid 
        ambulatory health plans, and fee-for-service delivery systems, 
        including when States carve-out from delivery through Medicaid 
        managed care organizations, prepaid inpatient health plans, 
        prepaid ambulatory health plans, or fee-for-service systems, 
        mental health or substance use disorder benefits or a subset of 
        such services.
            (11) Identifies strategies and best practices for measuring 
        and monitoring utilization of, and outcomes related to, crisis 
        response services.

    (b) Technical Assistance Center.--
            (1) In general.--Not later than July 1, 2025, the Secretary, 
        in coordination with the Administrator of the Centers for 
        Medicare & Medicaid Services and the Assistant Secretary for 
        Mental Health and Substance Use, shall establish a technical 
        assistance center to help States under Medicaid and CHIP design, 
        implement, or enhance a continuum of crisis response services 
        for children, youth, and adults. Such technical assistance 
        shall, at least in part, provide support to States in--
                    (A) leveraging the Federal authorities through which 
                Medicaid and CHIP may finance mental health and 
                substance use disorder crisis response services;
                    (B) coordinating Medicaid and CHIP funds with other 
                sources of Federal funding for mental health and 
                substance use disorder crisis response services; and
                    (C) after the guidance described in subsection (a) 
                is issued, adopting the best practices and strategies 
                identified in such guidance.
            (2) <<NOTE: Public information.>>  Compendium of best 
        practices.--The Secretary shall develop and maintain a publicly 
        available compendium of best practices for the successful 
        operation under Medicaid and CHIP of a continuum of crisis 
        response services. <<NOTE: Time period. Reviews. Updates.>>  The 
        Secretary annually shall review the information available 
        through the compendium and shall update such information when 
        appropriate.

    (c) Funding.--There is appropriated to the Secretary, out of any 
funds in the Treasury not otherwise appropriated, to remain available 
until expended for purposes of carrying out subsections (a) and (b), 
$8,000,000.
    (d) Definitions.--In this section:
            (1) Secretary.--The term ``Secretary'' means the Secretary 
        of Health and Human Services.

[[Page 136 STAT. 5949]]

            (2) State.--The term ``State'' means each of the 50 States, 
        the District of Columbia, Puerto Rico, the United States Virgin 
        Islands, Guam, American Samoa, and the Commonwealth of the 
        Northern Mariana Islands.

   Subtitle D--Transitioning From Medicaid FMAP Increase Requirements

SEC. 5131. TRANSITIONING FROM MEDICAID FMAP INCREASE REQUIREMENTS.

    (a) In General.--Section 6008 of the Families First Coronavirus 
Response Act (42 U.S.C. 1396d note) is amended--
            (1) in subsection (a)--
                    (A) by striking ``Subject to subsection (b)'' and 
                inserting the following:
            ``(1) Temporary fmap increase.--Subject to subsections (b) 
        and (f)'';
                    (B) by striking ``the last day of the calendar 
                quarter in which the last day of such emergency period 
                occurs'' and inserting ``December 31, 2023'';
                    (C) by striking ``6.2 percentage points'' and 
                inserting ``the applicable number of percentage points 
                for the quarter (as determined in paragraph (2))''; and
                    (D) by adding at the end the following new 
                paragraph:
            ``(2) <<NOTE: Time periods.>>  Applicable number of 
        percentage points.--For purposes of paragraph (1), the 
        applicable number of percentage points for a calendar quarter is 
        the following:
                    ``(A) For each calendar quarter that occurs during 
                the portion of the period described in paragraph (1) 
                that ends on March 31, 2023, 6.2 percentage points.
                    ``(B) For the calendar quarter that begins on April 
                1, 2023, and ends on June 30, 2023, 5 percentage points.
                    ``(C) For the calendar quarter that begins on July 
                1, 2023, and ends on September 30, 2023, 2.5 percentage 
                points.
                    ``(D) For the calendar quarter that begins on 
                October 1, 2023, and ends on December 31, 2023, 1.5 
                percentage points.'';
            (2) in subsection (b)--
                    (A) in the matter preceding paragraph (1), by 
                striking ``subsection (a)'' and inserting ``subsection 
                (a)(1)'';
                    (B) in paragraph (2), by striking ``, with respect 
                to an individual enrolled under such plan (or 
                waiver),''; and
                    (C) in paragraph (3)--
                          (i) by striking ``as of the date of enactment 
                      of this section'' and inserting ``as of March 18, 
                      2020,'';
                          (ii) by striking ``such date of enactment'' 
                      and inserting ``March 18, 2020,'';
                          (iii) by striking ``the last day of the month 
                      in which the emergency period described in 
                      subsection (a) ends'' and inserting ``March 31, 
                      2023,''; and
                          (iv) by striking ``the end of the month in 
                      which such emergency period ends'' and inserting 
                      ``March 31, 2023,'';

[[Page 136 STAT. 5950]]

            (3) by redesignating the subsection (d) added by section 11 
        of division X of the Consolidated Appropriations Act, 2021 
        (Public Law 116-260) as subsection (e); and
            (4) by adding at the end the following new subsections:

    ``(f) Eligibility Redeterminations During Transition Period.--
            ``(1) In general.-- For each calendar quarter occurring 
        during the portion of the period described in subsection (a)(1) 
        that begins on April 1, 2023, and ends on December 31, 2023 
        (such portion to be referred to in this subsection as the 
        `transition period'), if a State described in such subsection 
        satisfies the conditions of subsection (b) and paragraph (2) of 
        this subsection, the State shall receive the increase to the 
        Federal medical assistance percentage of the State applicable 
        under subsection (a). <<NOTE: Effective date.>>  Nothing in this 
        subsection shall be construed as prohibiting a State, following 
        the expiration of the condition described in paragraph (3) of 
        subsection (b), from initiating renewals, post-enrollment 
        verifications, and redeterminations over a 12-month period for 
        all individuals who are enrolled in such plan (or waiver) as of 
        April 1, 2023.
            ``(2) Conditions for fmap increase during transition 
        period.--The conditions of this paragraph with respect to a 
        State and the transition period are the following:
                    ``(A) Compliance with federal requirements.--The 
                State conducts eligibility redeterminations under title 
                XIX of the Social Security Act in accordance with all 
                Federal requirements applicable to such 
                redeterminations, including renewal strategies 
                authorized under section 1902(e)(14)(A) of the Social 
                Security Act (42 U.S.C. 1396a(e)(14)(A)) or other 
                alternative processes and procedures approved by the 
                Secretary of Health and Human Services.
                    ``(B) Maintenance of up-to-date contact 
                information.--The State, using the National Change of 
                Address Database Maintained by the United States Postal 
                Service, State health and human services agencies, or 
                other reliable sources of contact information, attempts 
                to ensure that it has up-to-date contact information 
                (including a mailing address, phone number, and email 
                address) for each individual for whom the State conducts 
                an eligibility redetermination.
                    ``(C) Requirement to attempt to contact 
                beneficiaries prior to disenrollment.--The State does 
                not disenroll from the State plan or waiver any 
                individual who is determined ineligible for medical 
                assistance under the State plan or waiver pursuant to 
                such a redetermination on the basis of returned mail 
                unless the State first undertakes a good faith effort to 
                contact the individual using more than one modality.

    ``(g) Applicable Quarters.--A State that ceases to meet the 
requirements of subsection (b) or (f) (as applicable) shall not qualify 
for the increase described in subsection (a) in the Federal medical 
assistance percentage for such State for the calendar quarter in which 
the State ceases to meet such requirements.''.
    (b) Reporting and Enforcement and Corrective Action.--Section 1902 
of the Social Security Act (42 U.S.C. 1396a) is amended by adding at the 
end the following new subsection:

[[Page 136 STAT. 5951]]

    ``(tt) <<NOTE: Time periods.>>  Requirements Relating to Transition 
From Families First Coronavirus Response Act FMAP Increase Requirements; 
Enforcement and Corrective Action.--
            ``(1) <<NOTE: Public information.>>  Reporting 
        requirements.--For each month occurring during the period that 
        begins on April 1, 2023, and ends on June 30, 2024, each State 
        shall submit to the Secretary, on a timely basis, a report, that 
        the Secretary shall make publicly available, on the activities 
        of the State relating to eligibility redeterminations conducted 
        during such period, and which include, with respect to the month 
        for which the report is submitted, the following information:
                    ``(A) The number of eligibility renewals initiated, 
                beneficiaries renewed on a total and ex parte basis, and 
                individuals whose coverage for medical assistance, child 
                health assistance, or pregnancy-related assistance was 
                terminated.
                    ``(B) The number of individuals whose coverage for 
                medical assistance, child health assistance, or 
                pregnancy-related assistance was so terminated for 
                procedural reasons.
                    ``(C) Where applicable, the number of individuals 
                who were enrolled in a State child health plan or waiver 
                in the form described in paragraph (1) of section 
                2101(a).
                    ``(D) Unless the Administrator of the Centers for 
                Medicare & Medicaid Services reports such information on 
                behalf of the State:
                          ``(i) In a State with a Federal or State 
                      American Health Benefit Exchange established under 
                      title I of the Patient Protection and Affordable 
                      Care Act in which the systems used to determine 
                      eligibility for assistance under this title or 
                      title XXI are not integrated with the systems used 
                      to determine eligibility for coverage under a 
                      qualified health plan with advance payment under 
                      section 1412(a) of the Patient Protection and 
                      Affordable Care Act of any premium tax credit 
                      allowed under section 36B of the Internal Revenue 
                      Code of 1986--
                                    ``(I) the number of individuals 
                                whose accounts were received via secure 
                                electronic transfer by the Federal or 
                                State American Health Benefit Exchange, 
                                or a basic health program established 
                                under section 1331 of the Patient 
                                Protection and Affordable Care Act;
                                    ``(II) the number of individuals 
                                identified in subclause (I) who were 
                                determined eligible for a qualified 
                                health plan, as defined in section 
                                1301(a)(1) of the Patient Protection and 
                                Affordable Care Act, or (if applicable) 
                                the basic health program established 
                                under section 1331 of such Act; and
                                    ``(III) the number of individuals 
                                identified in subclause (II) who made a 
                                qualified health plan selection or were 
                                enrolled in a basic health program plan 
                                (if applicable).
                          ``(ii) In a State with a State American Health 
                      Benefit Exchange established under title I of the 
                      Patient Protection and Affordable Care Act in 
                      which the systems used to determine eligibility 
                      for assistance

[[Page 136 STAT. 5952]]

                      under this title or title XXI are integrated with 
                      the systems used to determine eligibility for 
                      coverage under a qualified health plan with 
                      advance payment under section 1412(a) of the 
                      Patient Protection and Affordable Care Act of any 
                      premium tax credit allowed under section 36B of 
                      the Internal Revenue Code of 1986--
                                    ``(I) the number of individuals who 
                                were determined eligible for a qualified 
                                health plan, as defined in section 
                                1301(a)(1) of the Patient Protection and 
                                Affordable Care Act, or (if applicable) 
                                the basic health program established 
                                under section 1331 of such Act; and
                                    ``(II) the number of individuals 
                                identified in subclause (I) who made a 
                                qualified health plan selection or were 
                                enrolled in a basic health program plan 
                                (if applicable).
                    ``(E) <<NOTE: Determination.>>  The total call 
                center volume, average wait times, and average 
                abandonment rate (as determined by the Secretary) for 
                each call center of the State agency responsible for 
                administering the State plan under this title (or a 
                waiver of such plan) during such month.
                    ``(F) Such other information related to eligibility 
                redeterminations and renewals during the period 
                described in paragraph (1), as identified by the 
                Secretary.
            ``(2) Enforcement and corrective action.--
                    ``(A) <<NOTE: Reduction.>>  In general.--For each 
                fiscal quarter that occurs during the period that begins 
                on July 1, 2023, and ends on June 30, 2024, if a State 
                does not satisfy the requirements of paragraph (1), the 
                Federal medical assistance percentage determined for the 
                State for the quarter under section 1905(b) shall be 
                reduced by the number of percentage points (not to 
                exceed 1 percentage point) equal to the product of 0.25 
                percentage points and the number of fiscal quarters 
                during such period for which the State has failed to 
                satisfy such requirements.
                    ``(B) Corrective action plan; additional 
                authority.--
                          
                      ``(i) <<NOTE: Assessment. Compliance. Determination
                      .>>  In general.--The Secretary may assess a 
                      State's compliance with all Federal requirements 
                      applicable to eligibility redeterminations and the 
                      reporting requirements described in paragraph (1), 
                      and, if the Secretary determines that a State did 
                      not comply with any such requirements during the 
                      period that begins on April 1, 2023, and ends on 
                      June 30, 2024, the Secretary may require the State 
                      to submit and implement a corrective action plan 
                      in accordance with clause (ii).
                          ``(ii) <<NOTE: Deadlines.>>  Corrective action 
                      plan.--A State that receives a written notice from 
                      the Secretary that the Secretary has determined 
                      that the State is not in compliance with a 
                      requirement described in clause (i) shall--
                                    ``(I) not later than 14 days after 
                                receiving such notice, submit a 
                                corrective action plan to the Secretary;

[[Page 136 STAT. 5953]]

                                    ``(II) not later than 21 days after 
                                the date on which such corrective action 
                                plan is submitted to the Secretary, 
                                receive approval for the plan from the 
                                Secretary; and
                                    ``(III) begin implementation of such 
                                corrective action plan not later than 14 
                                days after such approval.
                          ``(iii) Effect of failure to submit or 
                      implement a corrective action plan.-- 
                      <<NOTE: Penalties. Determination.>> If a State 
                      fails to submit or implement an approved 
                      corrective action plan in accordance with clause 
                      (ii), the Secretary may, in addition to any 
                      reduction applied under subparagraph (A) to the 
                      Federal medical assistance percentage determined 
                      for the State and any other remedy available to 
                      the Secretary for the purpose of carrying out this 
                      title, require the State to suspend making all or 
                      some terminations of eligibility for medical 
                      assistance from the State plan under this title 
                      (including any waiver of such plan) that are for 
                      procedural reasons until the State takes 
                      appropriate corrective action, as determined by 
                      the Secretary, and may impose a civil money 
                      penalty of not more than $100,000 for each day a 
                      State is not in compliance.''.

    (c) <<NOTE: 42 USC 1396a note.>>  Effective Date.--The amendments 
made by this section take effect on April 1, 2023.

                  Subtitle E--Medicaid Improvement Fund

SEC. 5141. MEDICAID IMPROVEMENT FUND.

    Section 1941(b)(3)(A) of the Social Security Act (42 U.S.C. 1396w-
1(b)(3)(A)) is amended by striking ``for fiscal year 2025 and 
thereafter, $0'' and inserting ``for fiscal year 2028 and thereafter, 
$7,000,000,000''.

                        TITLE VI--HUMAN SERVICES

SEC. 6101. <<NOTE: Jackie Walorski Maternal and Child Home 
                          Visiting Reauthorization Act of 2022.>>  
                          JACKIE WALORSKI MATERNAL AND CHILD HOME 
                          VISITING REAUTHORIZATION ACT OF 2022.

    (a) <<NOTE: 42 USC 1305 note.>>  Short Title.--This section may be 
cited as the ``Jackie Walorski Maternal and Child Home Visiting 
Reauthorization Act of 2022''.

    (b) Outcomes Dashboard.--Section 511(d)(1) of the Social Security 
Act (42 U.S.C. 711(d)(1)) is amended--
            (1) in the paragraph heading, by striking ``benchmark 
        areas'' and inserting ``benchmark areas related to individual 
        family outcomes'';
            (2) in subparagraph (D)(i), by striking ``(B)'' and 
        inserting ``(C)''; and
            (3) by redesignating subparagraphs (B) through (D) as 
        subparagraphs (C) through (E), respectively, and inserting after 
        subparagraph (A) the following:
                    ``(B) <<NOTE: Grants. Contracts. Website. Public 
                information. Time period. Updates.>>  Outcomes 
                dashboards.--The Secretary shall, directly or by grant 
                or contract, establish and operate a website accessible 
                to the public that includes an annually updated 
                dashboard that--

[[Page 136 STAT. 5954]]

                          ``(i) provides easy-to-understand information 
                      on the outcomes achieved by each eligible entity 
                      with respect to each of the benchmarks described 
                      in subparagraph (A) of this paragraph that apply 
                      to the eligible entity, which shall be based on 
                      only the data elements or types of data collected 
                      before the date of the enactment of this section 
                      unless administering agencies and the Secretary 
                      agree pursuant to subsection (h)(6) that 
                      additional data is required;
                          ``(ii) <<NOTE: Template.>>  includes a 
                      template provided by the Secretary that will 
                      enable comparison among eligible entities not 
                      referred to in subsection (k)(2)(A) of--
                                    ``(I) a profile of each eligible 
                                entity showing outcome indicators and 
                                how the outcomes compare to benchmarks 
                                described in subclause (II);
                                    ``(II) information on the outcome 
                                indicators and requisite outcome levels 
                                established for each eligible entity;
                                    ``(III) information on each model 
                                employed in the program operated by each 
                                eligible entity, and regarding each 
                                benchmark area described in subsection 
                                (d)(1)(A) in which the model used by the 
                                eligible entity is expected to affect 
                                participant outcomes;
                                    ``(IV) the most recently available 
                                information from the report required by 
                                subparagraph (E) of this paragraph;
                                    ``(V) an electronic link to the 
                                State needs assessment under subsection 
                                (b)(1); and
                                    ``(VI) <<NOTE: Reports.>>  
                                information regarding any penalty 
                                imposed, or other corrective action 
                                taken, by the Secretary against a State 
                                for failing to achieve a requisite 
                                outcome level or any other requirement 
                                imposed by or under this section, and an 
                                indication as to whether the eligible 
                                entity is operating under a corrective 
                                action plan under subparagraph (E)(ii) 
                                of this paragraph, and if so, a link to 
                                the plan, an explanation of the reason 
                                for the implementation of the plan, and 
                                a report on any progress made in 
                                operating under the plan;
                          ``(iii) includes information relating to those 
                      eligible entities for which funding is reserved 
                      under subsection (k)(2)(A), with modifications as 
                      necessary to reflect tribal sovereignty, data 
                      privacy, and participant confidentiality; and
                          ``(iv) <<NOTE: Privacy. Confidentiality.>>  
                      protects data privacy and confidentiality of 
                      participant families.''.

    (c) Funding.--
            (1) Grant amounts.--
                    (A) In general.--Section 511(c)(4) of the Social 
                Security Act (42 U.S.C. 711(c)(4)) is amended to read as 
                follows:
            ``(4) Grant amounts.--
                    ``(A) Base grants.--
                          ``(i) In general.--
                                    ``(I) <<NOTE: Time periods.>>  
                                General rule.--With respect to each of 
                                fiscal years 2023 through 2027 for which 
                                an eligible entity not referred to in 
                                subsection (k)(2)(A)

[[Page 136 STAT. 5955]]

                                is awarded a base grant under this 
                                section, the amount of the grant payable 
                                to the eligible entity for the fiscal 
                                year is the amount described by clause 
                                (ii) of this subparagraph with respect 
                                to the eligible entity, except as 
                                provided in subclause (II) of this 
                                clause.
                                    ``(II) Substitution of successor 
                                eligible entity for predecessor.--If the 
                                1st fiscal year for which an eligible 
                                entity is awarded a base grant under 
                                this section for a program operated in a 
                                State is among fiscal years 2024 through 
                                2027, the amount described by clause 
                                (ii) with respect to the eligible entity 
                                is the amount of the base grant for 
                                which a program operated in the State 
                                was eligible under this subparagraph for 
                                fiscal year 2023.
                          ``(ii) Amount described.--
                                    ``(I) General rule.--Subject to the 
                                succeeding provisions of this clause, 
                                the amount described by this clause with 
                                respect to an eligible entity is--
                                            ``(aa) the amount made 
                                        available under subsection (k) 
                                        for base grants for fiscal year 
                                        2023 that remains after making 
                                        the reservations required by 
                                        subsection (k)(2) or any other 
                                        reductions required by Federal 
                                        law for fiscal year 2023; 
                                        multiplied by
                                            
                                        ``(bb) <<NOTE: Determination.>>  
                                        the percentage of children in 
                                        all States who have not attained 
                                        5 years of age (as determined by 
                                        the Secretary on the basis of 
                                        the data most recently available 
                                        before fiscal year 2023) that is 
                                        represented by the number of 
                                        such children in the State in 
                                        which the eligible entity is 
                                        operating a program pursuant to 
                                        this section (as so determined).
                                    ``(II) Adjustments to ensure stable 
                                funding.--If the amount otherwise 
                                payable to an eligible entity under 
                                subclause (I) for fiscal year 2023 is 
                                less than 90 percent, or greater than 
                                110 percent, of the amount payable under 
                                this section to the eligible entity for 
                                the program for fiscal year 2021, the 
                                Secretary shall increase the amount 
                                otherwise so payable to 90 percent, or 
                                decrease the amount otherwise so payable 
                                to 110 percent, as the case may be, of 
                                the amount otherwise so payable.
                                    ``(III) Adjustment to ensure all 
                                base grant funds are allocated.--If the 
                                amount described by subclause (I)(aa) is 
                                different than the total of the amounts 
                                otherwise described by subclause (I) 
                                after applying subclause (II), the 
                                Secretary shall increase or decrease the 
                                amounts otherwise so described after 
                                applying subclause (II) by such equal 
                                percentage as is necessary to reduce 
                                that difference to zero.
                                    ``(IV) Minimum base grant amount.--
                                Notwithstanding the preceding provisions 
                                of this

[[Page 136 STAT. 5956]]

                                clause, the amount described by this 
                                clause with respect to an eligible 
                                entity shall be not less than 
                                $1,000,000.
                    ``(B) Matching grants.--
                          ``(i) Amount of grant.--
                                    ``(I) <<NOTE: Time periods.>>  
                                General rule.--With respect to each of 
                                fiscal years 2024 through 2027 for which 
                                an eligible entity not referred to in 
                                subsection (k)(2)(A) is awarded a grant 
                                under this section, the Secretary shall 
                                increase the amount of the grant payable 
                                to the eligible entity for the fiscal 
                                year under subparagraph (A) of this 
                                paragraph by the matching amount (if 
                                any) determined under subclause (II) of 
                                this clause with respect to the eligible 
                                entity for the fiscal year and the 
                                additional matching amount (if any) 
                                determined under clause (iii) of this 
                                subparagraph with respect to the 
                                eligible entity for the fiscal year.
                                    ``(II) Matching amount.--
                                            ``(aa) In general.--Subject 
                                        to item (bb) of this subclause, 
                                        the matching amount with respect 
                                        to an eligible entity for a 
                                        fiscal year is 75 percent of the 
                                        sum of--
                                                ``(AA) the total amount 
                                            obligated by the eligible 
                                            entity for home visiting 
                                            services in the State for 
                                            the fiscal year, from 
                                            Federal funds made available 
                                            for the fiscal year under 
                                            this subparagraph; and
                                                ``(BB) the total amount 
                                            so obligated by the eligible 
                                            entity from non-Federal 
                                            funds, determined under 
                                            subclause (III).
                                            ``(bb) Limitation.--The 
                                        matching amount with respect to 
                                        an eligible entity for a fiscal 
                                        year shall not exceed the 
                                        allotment under subclause (IV) 
                                        for the State in which the 
                                        eligible entity is operating a 
                                        program under this section for 
                                        the fiscal year.
                                    ``(III) Determination of obligations 
                                from non-federal funds.--For purposes of 
                                this clause, the total amount obligated 
                                by an eligible entity from non-Federal 
                                funds is the total of the amounts that 
                                are obligated by the eligible entity 
                                from non-Federal sources, to the extent 
                                that--
                                            ``(aa) the services are 
                                        delivered in compliance with 
                                        subsections (d)(2) and (d)(3);
                                            ``(bb) the eligible entity 
                                        has reported the obligations to 
                                        the Secretary; and
                                            ``(cc) the amount is not 
                                        counted toward meeting the 
                                        maintenance of effort 
                                        requirement in subsection (f).
                                    ``(IV) State allotments.--The amount 
                                allotted under this subclause for a 
                                State in which an eligible entity is 
                                operating a program under this section 
                                for a fiscal year is--
                                            ``(aa) the minimum matching 
                                        grant allocation amount for the 
                                        fiscal year; plus

[[Page 136 STAT. 5957]]

                                            ``(bb)(AA) the amount (if 
                                        any) by which the amount made 
                                        available under subsection (k) 
                                        for matching grants for the 
                                        fiscal year that remains after 
                                        making the reservations required 
                                        by subsection (k)(2) or any 
                                        other reduction required by 
                                        Federal law for the fiscal year 
                                        exceeds the sum of the minimum 
                                        matching grant allocation 
                                        amounts for all eligible 
                                        entities for the fiscal year; 
                                        multiplied by
                                            
                                        ``(BB) <<NOTE: Determination.>>  
                                        the percentage of children in 
                                        all States who have not attained 
                                        5 years of age and are members 
                                        of families with income not 
                                        exceeding the poverty line (as 
                                        determined by the Secretary on 
                                        the basis of the most recently 
                                        available data) that is 
                                        represented by the number of 
                                        such children in the State (as 
                                        so determined).
                                    ``(V) Minimum matching grant 
                                allocation amount.-- <<NOTE: Time 
                                periods.>> Subject to subclause (VI), 
                                for purposes of subclause (IV), the 
                                minimum matching grant allocation amount 
                                for a fiscal year is--
                                            ``(aa) in the case of fiscal 
                                        year 2024, $776,000;
                                            ``(bb) in the case of fiscal 
                                        year 2025, $1,000,000;
                                            ``(cc) in the case of fiscal 
                                        year 2026, $1,500,000; and
                                            ``(dd) in the case of fiscal 
                                        year 2027, $2,000,000.
                                    ``(VI) Special rule.--If, after 
                                making any reductions otherwise required 
                                by law for a fiscal year, the amount 
                                made available for matching grants under 
                                this clause for the fiscal year is 
                                insufficient to provide the minimum 
                                matching grant allocation amount to each 
                                eligible entity operating a program 
                                under this section for the fiscal year, 
                                the Secretary may make a proportionate 
                                adjustment to the minimum matching grant 
                                allocation amount for the fiscal year to 
                                accommodate the reductions.
                          ``(ii) Submission of statement expressing 
                      interest in additional matching funds if 
                      available.--Before the beginning of a fiscal year 
                      for which an eligible entity desires a matching 
                      grant under this subparagraph for a program 
                      operated under this section, the eligible entity 
                      shall submit to the Secretary a statement as to 
                      whether the eligible entity desires additional 
                      matching grant funds that may be made available 
                      under clause (iii) for the fiscal year.
                          ``(iii) Carryover and reallocation of 
                      unobligated funds.--
                                    ``(I) <<NOTE: Determination.>>  In 
                                general.--If the Secretary determines 
                                that an amount allotted under clause 
                                (i)(IV) of this subparagraph for a 
                                fiscal year will not be awarded during 
                                the fiscal year, or that an amount made 
                                available under subsection (k)(1) for a 
                                fiscal

[[Page 136 STAT. 5958]]

                                year for matching grants will not be 
                                obligated by an eligible entity for the 
                                fiscal year, the amount shall be 
                                available for matching grants under this 
                                subparagraph for the succeeding fiscal 
                                year for eligible entities that have 
                                made submissions under clause (ii) of 
                                this subparagraph for additional 
                                matching grant funds from the amount.
                                    ``(II) State allotments.--The 
                                Secretary shall allot to each eligible 
                                entity that has made such a submission 
                                for a fiscal year--
                                            ``(aa) the total amount (if 
                                        any) made available under 
                                        subclause (I) for the fiscal 
                                        year; multiplied by
                                            
                                        ``(bb) <<NOTE: Determination.>>  
                                        the percentage of children who 
                                        have not attained 5 years of age 
                                        and are members of families with 
                                        income not exceeding the poverty 
                                        line (as determined by the 
                                        Secretary on the basis of the 
                                        most recently available data) in 
                                        all of the States in which any 
                                        eligible entity that has made 
                                        such a submission is so 
                                        operating a program, that is 
                                        represented by the number of 
                                        such children in the State (as 
                                        so determined) in which the 
                                        eligible entity is operating 
                                        such a program.
                                    ``(III) Additional matching 
                                amount.--
                                            ``(aa) In general.--Subject 
                                        to item (bb) of this subclause, 
                                        the additional matching amount 
                                        with respect to an eligible 
                                        entity for a fiscal year is 75 
                                        percent of the sum of--
                                                ``(AA) the total amount 
                                            obligated by the eligible 
                                            entity for home visiting 
                                            services in the State for 
                                            the fiscal year, from 
                                            Federal funds made available 
                                            for the fiscal year under 
                                            this subparagraph; and
                                                ``(BB) the total amount 
                                            so obligated by the eligible 
                                            entity from non-Federal 
                                            funds, determined under 
                                            clause (i)(III),
                                        that are not taken into account 
                                        in determining the matching 
                                        amount with respect to the 
                                        eligible entity under clause 
                                        (i).
                                            ``(bb) Limitation.--The 
                                        additional matching amount with 
                                        respect to an eligible entity 
                                        for a fiscal year shall not 
                                        exceed the allotment under 
                                        subclause (II) for the State in 
                                        which the eligible entity is 
                                        operating a program under this 
                                        section for the fiscal year.''.
                    (B) Maintenance of effort.--Section 511(f) of such 
                Act (42 U.S.C. 711) is amended to read as follows:

    ``(f) Maintenance of Effort.--
            ``(1) In general.--Notwithstanding any other provision of 
        this section, the Secretary may not make a grant to an eligible 
        entity under this section for a fiscal year if the total amount 
        of non-Federal funds obligated by the eligible entity in the 
        State in the fiscal year for a program operated pursuant to this 
        section is less than the total amount of non-Federal funds 
        reported to have been expended by any eligible entity for such

[[Page 136 STAT. 5959]]

        a program in the State in fiscal year 2019 or 2021, whichever is 
        the lesser.
            ``(2) <<NOTE: Deadline. Federal Register, publication. Time 
        periods.>>  Publication of amounts.--Not later than June 30, 
        2023, the Secretary shall cause to have published in the Federal 
        Register the amount of non-Federal funds expended as described 
        in this section that has been reported by each eligible entity 
        not referred to in subsection (k)(2)(A) for each of fiscal years 
        2019 and 2021.
            ``(3) Grace period.--The Secretary may, in exceptional 
        circumstances, allow an eligible entity a period to come into 
        compliance with this subsection. The Secretary shall provide 
        technical assistance to any eligible entity to assist the entity 
        in doing so.''.
            (2) Reservations of funds for certain purposes.--Section 
        511(j)(2) of such Act (42 U.S.C. 711(j)(2)) is amended--
                    (A) in the matter preceding subparagraph (A), by 
                striking ``the amount'' and inserting ``each amount made 
                available for base grants and each amount made available 
                for matching grants'';
                    (B) in subparagraph (A)--
                          (i) by striking ``3'' and inserting ``6'';
                          (ii) by inserting ``and administering'' before 
                      ``grants''; and
                          (iii) by striking ``and'' at the end; and
                    (C) by striking subparagraph (B) and inserting the 
                following:
                    ``(B) 2 percent of such amount for purposes of 
                providing technical assistance, directly or through 
                grants or contracts--
                          ``(i) for purposes as otherwise described in 
                      subsections (c)(5), (d)(1)(C)(iii), 
                      (d)(1)(E)(iii), and (d)(4)(E); and
                          ``(ii) to entities referred to in subparagraph 
                      (A) of this paragraph;
                    ``(C) 2 percent of such amount for purposes of the 
                provision of workforce support, retention, and case 
                management, including workforce-related technical 
                assistance, to eligible entities, research and 
                evaluation, and program administration, directly or 
                through grants or contracts, of which the Secretary 
                shall use not more than $1,500,000 to establish and 
                operate the Jackie Walorski Center for Evidence-Based 
                Case Management; and
                    ``(D) 3 percent of such amount for purposes of 
                research and evaluation (directly or through grants or 
                contracts), and for administering this section 
                (directly, through contracts, or otherwise).''.
            (3) <<NOTE: Time periods.>>  Appropriations.--
                    (A) In general.--Section 511(j)(1) of the Social 
                Security Act (42 U.S.C. 711(j)(1)) is amended by 
                striking subparagraphs (A) through (H) and inserting the 
                following:
                    ``(A) for fiscal year 2023, $500,000,000 for base 
                grants;
                    ``(B) for fiscal year 2024, $550,000,000, of which 
                $500,000,000 shall be for base grants and $50,000,000 
                shall be for matching grants;
                    ``(C) for fiscal year 2025, $600,000,000, of which 
                $500,000,000 shall be for base grants and $100,000,000 
                shall be for matching grants;

[[Page 136 STAT. 5960]]

                    ``(D) for fiscal year 2026, $650,000,000, of which 
                $500,000,000 shall be for base grants and $150,000,000 
                shall be for matching grants; and
                    ``(E) for fiscal year 2027, $800,000,000, of which 
                $500,000,000 shall be for base grants and $300,000,000 
                shall be for matching grants.''.
                    (B) Special rule.--Obligations and expenditures made 
                pursuant to section 201 of division D of the Continuing 
                Appropriations and Ukraine Supplemental Appropriations 
                Act, 2023 (Public Law 117-180) and section 201 of 
                division C of the Further Continuing Appropriations and 
                Extensions Act, 2023 shall be charged to the 
                appropriation made by section 511(j)(1)(A) of the Social 
                Security Act for fiscal year 2023 (as added by 
                subparagraph (A) of this paragraph).
                    (C) Repeal.--Section 201 of title II of division D 
                of Public Law 117-180 and section 201 of division C of 
                the Further Continuing Appropriations and Extensions 
                Act, 2023 <<NOTE: Ante, p. 2135, 2133.>>  are hereby 
                repealed.
            (4) Disposition of excess funds reserved for research, 
        evaluation, and administration.--Section 511(j) of the Social 
        Security Act (42 U.S.C. 711(j)) is amended by adding at the end 
        the following:
            ``(5) Disposition of excess funds reserved for research, 
        evaluation, and administration.--To the extent that the amounts 
        reserved under paragraph (2)(D) for a fiscal year are not 
        obligated in the fiscal year, the Secretary may use the funds 
        for any purpose described in this section or to offset any 
        reduction with respect to this section that is required by 
        Federal law.''.

    (d) Requirement That Home Visiting Programs Be Targeted and 
Intensive.--Section 511(d)(3) of the Social Security Act (42 U.S.C. 
711(d)(3)) is amended by redesignating subparagraph (B) as subparagraph 
(C) and inserting after subparagraph (A) the following:
                    ``(B) Use of grant to provide or support targeted, 
                intensive home visiting services.--The program uses the 
                grant to provide or support targeted, intensive home 
                visiting services for the populations described in 
                paragraph (5).''.

    (e) Limitation on Use of Funds for Administration.--
            (1) In general.--Section 511(d) of the Social Security Act 
        (42 U.S.C. 711(d)) is amended by adding at the end the 
        following:
            ``(5) Limitation on use of funds for administrative costs.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B) of this paragraph, an eligible entity 
                to which funds are provided under subsection (c) or 
                (h)(2)(B) shall not use more than 10 percent of the 
                funds to cover the costs of administration.
                    ``(B) Authority to grant exceptions.--
                          ``(i) In general.--The Secretary may authorize 
                      an eligible entity that meets a condition of 
                      clause (ii) of this subparagraph to exceed the 
                      percentage limitation in subparagraph (A) with 
                      respect to a program conducted under this 
                      subsection by not more than 5

[[Page 136 STAT. 5961]]

                      percentage points, subject to such terms and 
                      conditions as the Secretary deems appropriate.
                          ``(ii) Conditions.--An eligible entity meets a 
                      condition of this clause if the eligible entity--
                                    ``(I) conducts the program by 
                                directly providing home visits to 
                                eligible families and without a sub-
                                recipient;
                                    ``(II) in the fiscal year for which 
                                the grant for the program is made under 
                                this section, proposes to expand 
                                services in 1 or more communities 
                                identified in the statewide needs 
                                assessment under subsection (b) and in 
                                which home visiting services are not 
                                provided; or
                                    ``(III) has conducted the program 
                                for fewer than 3 years.''.
            (2) Conforming amendments.--Section 511(i)(2) of such Act 
        (42 U.S.C. 711(i)(2)) is amended by striking subparagraph (C) 
        and redesignating subparagraphs (D) through (G) as subparagraphs 
        (C) through (F), respectively.

    (f) Annual Report to Congress.--
            (1) In general.--Section 511 of the Social Security Act (42 
        U.S.C. 711) is amended by redesignating subsections (j) and (k) 
        as subsections (k) and (l), respectively, and inserting after 
        subsection (i) the following:

    ``(j) Annual Report to Congress.--By December 31, 2023, and annually 
thereafter, the Secretary shall submit to the Congress a written report 
on the grants made under this section for the then preceding fiscal 
year, which shall include--
            ``(1) an eligible entity-by-eligible entity summary of the 
        outcomes measured by the entity with respect to each benchmark 
        described in subsection (e)(5) that apply to the entity;
            ``(2) information regarding any technical assistance funded 
        under subparagraph (B) or (C) of subsection (k)(2), including 
        the type of any such assistance provided;
            ``(3) information on the demographic makeup of families 
        served by each such entity to the extent possible while 
        respecting participant confidentiality, including race, 
        ethnicity, educational attainment at enrollment, household 
        income, and other demographic markers as determined by the 
        Secretary;
            ``(4) the information described in subsection (d)(1)(E);
            ``(5) <<NOTE: Estimate.>>  the estimated share of the 
        eligible population served using grants made under this section;
            ``(6) a description of each service delivery model funded 
        under this section by the eligible entities in each State, and 
        the share (if any) of the grants expended on each model;
            ``(7) a description of non-Federal expenditures by eligible 
        entities to qualify for matching funds under subsection (c)(4);
            ``(8) information on the uses of funds reserved under 
        subsection (k)(2)(C);
            ``(9) information relating to those eligible entities for 
        which funding is reserved under subsection (k)(2)(A), with 
        modifications as necessary to reflect tribal data sovereignty, 
        data privacy, and participant confidentiality; and
            ``(10) <<NOTE: List. Data.>>  a list of data elements 
        collected from eligible entities, and the purpose of each data 
        element in measuring performance or enforcing requirements under 
        this section.''.
            (2) Conforming amendments.--

[[Page 136 STAT. 5962]]

                    (A) Section 511 of such Act (42 U.S.C. 711) is 
                amended--
                          (i) in subsection (b)(1)(B)(iii), by striking 
                      ``(k)(2)'' and inserting ``(l)(2)''; and
                          (ii) in subsection (h)(2)(B)--
                                    (I) by striking ``(j)'' and 
                                inserting ``(k)''; and
                                    (II) by striking ``(k)(1)(B)'' and 
                                inserting ``(l)(1)(B)''.
                    (B) Section 511A(c) of such Act (42 U.S.C. 711a(c)) 
                is amended in each of paragraphs (5) and (7) by striking 
                ``511(k)(2)'' and inserting ``511(l)(2)''.

    (g) Reduction of Administrative Burden.--Section 511(h) of the 
Social Security Act (42 U.S.C. 711(h)) is amended by adding at the end 
the following:
            ``(6) Reduction of administrative burden.--
                    ``(A) <<NOTE: Reviews.>>  In general.--The Secretary 
                shall reduce the burden, on States and public and 
                private implementing agencies at the local level, of 
                administering this section, by--
                          ``(i) <<NOTE: Revision.>>  reviewing and 
                      revising administrative data collection 
                      instruments and forms to eliminate duplication and 
                      streamline reporting requirements for States, 
                      eligible entities referred to in subsection 
                      (k)(2)(A), and nonprofit organizations referred to 
                      in subsection (l)(1)(B), including timelines for 
                      submitting reports;
                          ``(ii) <<NOTE: Analysis.>>  conducting an 
                      analysis of the total number of hours reported by 
                      administering agencies on complying with paperwork 
                      requirements, and exploring, in consultation with 
                      administering agencies, ways to reduce the number 
                      of hours spent by at least 15 percent;
                          ``(iii) conducting a review of paperwork and 
                      data collection requirements for tribal grantees, 
                      and exploring, in consultation with tribes and 
                      tribal organizations, ways to reduce 
                      administrative burden, respect sovereignty, and 
                      acknowledge the different focus points for tribal 
                      grantees;
                          ``(iv) collecting input from relevant State 
                      fiscal officials to align fiscal requirements and 
                      oversight for States and eligible entities to 
                      ensure consistency with standards and guidelines 
                      for other Federal formula grant programs; and
                          ``(v) <<NOTE: Consultation.>>  consulting with 
                      administering agencies and service delivery model 
                      representatives on needed and unneeded data 
                      elements regarding the dashboards provided for in 
                      subsection (d)(1)(B), consistent with the data 
                      requirements of such subsection.
                    ``(B) Findings on paperwork reduction.--
                          ``(i) Inclusion in report.--In the 1st report 
                      submitted pursuant to subsection (j) more than 18 
                      months after the date of the enactment of this 
                      Act, the Secretary shall include the findings of 
                      the Secretary with respect to the matters 
                      described in subparagraph (A).
                          ``(ii) <<NOTE: Deadline.>>  Implementation.--
                      Within 2 years after complying with clause (i), 
                      the Secretary shall implement the findings 
                      referred to in clause (i).''.

    (h) Virtual Home Visiting Authorization and Restrictions.--

[[Page 136 STAT. 5963]]

            (1) Virtual home visits.--
                    (A) Application requirements.--Section 511(e) of the 
                Social Security Act (42 U.S.C. 711(e)) is amended by 
                redesignating paragraph (10) as paragraph (11) and 
                inserting after paragraph (9) the following:
            ``(10) At the option of the eligible entity--
                    ``(A) a description of any limitations or 
                constraints on virtual home visits under the program, 
                including--
                          ``(i) a description of the plan of the 
                      eligible entity to encourage in-person home 
                      visits; and
                          ``(ii) a description of the considerations to 
                      be used in determining when a virtual home visit 
                      is appropriate, including client consent, client 
                      preference, geographic limitations, model 
                      fidelity, and hazardous conditions including 
                      public health emergencies, weather events, health 
                      concerns for home visitors and client families, 
                      and other local issues;
                    ``(B) an assurance that--
                          ``(i) the virtual home visit is implemented as 
                      a model enhancement; or
                          ``(ii) the Secretary has identified the home 
                      visit as part of an effective model or model 
                      adaptation, based on an evidence of effectiveness 
                      review conducted using the criteria established 
                      under subsection (d)(3)(A)(iii); and
                    ``(C) <<NOTE: Time period.>>  an assurance to the 
                Secretary that at least 1 in-person home visit shall be 
                conducted for each client family under the program 
                during the 12-month period that begins with the entry of 
                the client family into the program, and during each 
                succeeding 12-month period, except that any such period 
                in which a public health emergency declared under 
                Federal law, or under the law of the State in which the 
                program is conducted, is in effect shall be extended by 
                the length of time in which the declaration is in 
                effect.''.
                    (B) Applicable rules.--Section 511(d) of such Act 
                (42 U.S.C. 711(d)) is amended by redesignating paragraph 
                (4) and paragraph (5) (as added by subsection (e)(1) of 
                this section) as paragraphs (5) and (6), respectively, 
                and inserting after paragraph (3) the following:
            ``(4) Virtual home visits.--
                    ``(A) In general.--A virtual home visit conducted 
                under the program shall be considered a home visit for 
                purposes of this section if the application for funding 
                of the program submitted pursuant to this section most 
                recently after the effective date of this paragraph 
                includes the material described in subsection (e)(10).
                    ``(B) Standards for training applicable to virtual 
                service delivery.--The standards for training 
                requirements applicable to virtual service delivery 
                under a home visiting model shall be equivalent to those 
                that apply to in-person service delivery under the 
                model.
                    ``(C) Reporting requirement.--A grant made under 
                this section for the program may not be used for any 
                virtual home visit during a year, unless the eligible 
                entity to which the grant is made submits the report 
                described in subsection (e)(8)(A) for the year.

[[Page 136 STAT. 5964]]

                    ``(D) Virtual home visit defined.--In this section, 
                the term `virtual home visit' means a visit conducted 
                solely by use of electronic information and 
                telecommunications technologies.
                    ``(E) <<NOTE: Grants. Contracts.>>  Technical 
                assistance.--If the Secretary finds that an eligible 
                entity has not complied with the assurance described in 
                subsection (e)(10)(C), the Secretary shall, directly or 
                through grants, contracts, or cooperative agreements, 
                provide the eligible entity with such technical 
                assistance as is necessary to assist the eligible entity 
                in doing so.''.
                    (C) Program requirement.--Section 511(d)(3)(C) of 
                such Act (42 U.S.C. 711(d)(3)(C)), as so redesignated by 
                subsection (d) of this section, is amended by adding at 
                the end the following:
                          ``(vii) If the application submitted by the 
                      eligible entity includes the assurance described 
                      in subsection (e)(10)(C) with respect to the 
                      program, the program provides in-person service 
                      consistent with the assurances.''.
                    (D) Reports.--Section 511(e)(8)(A) of such Act (42 
                U.S.C. 711(e)(8)(A)) is amended by inserting ``, 
                including the number of virtual home visits conducted 
                under the program in the year covered by the report, 
                disaggregated with respect to each home visiting model 
                under which the virtual home visits are conducted'' 
                before the semicolon.
            (2) <<NOTE: 42 USC 711 note.>>  Transition rule.--
                    (A) In general.--A virtual home visit conducted 
                before the effective date of the amendments made by this 
                subsection under an early childhood home visitation 
                program funded under section 511 of the Social Security 
                Act shall be considered a home visit for purposes of 
                such section.
                    (B) Virtual home visit defined.--In subparagraph 
                (A), the term ``virtual home visit'' means a visit 
                conducted solely by use of electronic information and 
                telecommunications technologies.

    (i) <<NOTE: 42 USC 711 note.>>  Effective Date.--
            (1) In general.--Except as provided in paragraph (2), this 
        section and the amendments made by this section shall take 
        effect on October 1, 2022.
            (2) Virtual home visiting provisions.--The amendments made 
        by subsection (h) shall take effect on October 1, 2023.
SEC. 6102. EXTENSION OF TEMPORARY ASSISTANCE FOR NEEDY FAMILIES 
                          PROGRAM.

    Activities authorized by part A of title IV (other than under 
section 403(c) or 418) and section 1108(b) of the Social Security Act 
shall continue through September 30, 2023, in the manner authorized for 
fiscal year 2022, and out of any money in the Treasury of the United 
States not otherwise appropriated, there are hereby appropriated such 
sums as may be necessary for such purpose.
SEC. 6103. 1-YEAR EXTENSION OF CHILD AND FAMILY SERVICES PROGRAMS.

    (a) The following provisions of the Social Security Act are each 
amended by striking ``2022'' and inserting ``2023'':
            (1) Section 436(a) (42 U.S.C. 629f(a)).

[[Page 136 STAT. 5965]]

            (2) Section 436(b)(4)(A) (42 U.S.C. 629f(b)(4)(A)).
            (3) Section 436(b)(5) (42 U.S.C. 629f(b)(5)).
            (4) Section 438(d) (42 U.S.C. 629h(d)).

    (b) The following provisions of the Social Security Act are each 
amended by striking ``2021'' and inserting ``2023'':
            (1) Section 425 (42 U.S.C. 625).
            (2) Section 437(a) (42 U.S.C. 629g(a)).
            (3) Section 437(f)(3)(A) (42 U.S.C. 629g(f)(3)(A)).
            (4) Section 437(f)(10) (42 U.S.C. 629g(f)(10)).

   TITLE VII--SUPPLEMENTAL FUNDING FOR THE WORLD TRADE CENTER HEALTH 
                                 PROGRAM

SEC. 7701. SUPPLEMENTAL FUNDING FOR THE WORLD TRADE CENTER HEALTH 
                          PROGRAM.

    (a) In General.--Title XXXIII of the Public Health Service Act (42 
U.S.C. 300mm et seq.) is amended by adding at the end the following:
``SEC. 3352. <<NOTE: 42 USC 300mm-62.>>  SUPPLEMENTAL FUND.

    ``(a) In General.--There is established a fund to be known as the 
World Trade Center Health Program Supplemental Fund (referred to in this 
section as the `Supplemental Fund'), consisting of amounts deposited 
into the Fund under subsection (b).
    ``(b) Amount.--Out of any money in the Treasury not otherwise 
appropriated, there is appropriated for fiscal year 2023 $1,000,000,000, 
for deposit into the Supplemental Fund, which amounts shall remain 
available through fiscal year 2032.
    ``(c) Uses of Funds.--Amounts deposited into the Supplemental Fund 
under subsection (b) shall be available, without further appropriation 
and without regard to any spending limitation under section 3351(c), to 
the WTC Program Administrator as needed at the discretion of such 
Administrator, for carrying out any provision in this title, including 
sections 3303 and 3341(c).
    ``(d) Return of Funds.--Any amounts that remain in the Supplemental 
Fund on September 30, 2032, shall be deposited into the Treasury as 
miscellaneous receipts.''.
    (b) Conforming Amendments.--Title XXXIII of the Public Health 
Service Act (42 U.S.C. 300mm et seq.) is amended--
            (1) in section 3311(a)(4)(B)(i)(II) (42 U.S.C. 300mm-
        21(a)(4)(B)(i)(II)), by striking ``section 3351'' and inserting 
        ``sections 3351 and 3352'';
            (2) in section 3321(a)(3)(B)(i)(II) (42 U.S.C. 300mm-
        31(a)(3)(B)(i)(II)), by striking ``section 3351'' and inserting 
        ``sections 3351 and 3352'';
            (3) in section 3331 (42 U.S.C. 300mm-41)--
                    (A) in subsection (a), by inserting ``and the World 
                Trade Center Health Program Supplemental Fund'' before 
                the period at the end; and
                    (B) in subsection (d)--
                          (i) in paragraph (1)(B), by inserting 
                      ``(excluding any expenditures from amounts in the 
                      World Trade Center Health Program Supplemental 
                      Fund under section 3352)'' before the period at 
                      the end; and

[[Page 136 STAT. 5966]]

                          (ii) in paragraph (2), in the flush text 
                      following subparagraph (C), by inserting 
                      ``(excluding any expenditures from amounts in the 
                      World Trade Center Health Program Supplemental 
                      Fund under section 3352)'' before the period at 
                      the end; and
            (4) in section 3351(b) (42 U.S.C. 300mm-61(b))--
                    (A) in paragraph (2), by inserting ``or as available 
                from the World Trade Center Health Program Supplemental 
                Fund under section 3352'' before the period at the end; 
                and
                    (B) in paragraph (3), by inserting ``or as available 
                from the World Trade Center Health Program Supplemental 
                Fund under section 3352'' before the period at the end.

    (c) Prevention and Public Health Fund.--Section 4002(b) of the 
Patient Protection and Affordable Care Act (42 U.S.C. 300u-11(b)) is 
amended--
            (1) in paragraph (8), by striking ``$1,800,000,000; and'' 
        and inserting ``$1,525,000,000;'';
            (2) by striking paragraph (9) and inserting the following:
            ``(9) for each of fiscal years 2028 and 2029, 
        $1,725,000,000; and''; and
            (3) by adding at the end the following:
            ``(10) for fiscal year 2030 and each fiscal year thereafter, 
        $2,000,000,000.''.
SEC. 7702. RESEARCH COHORT FOR EMERGING HEALTH IMPACTS ON YOUTH.

    (a) In General.--Section 3341 of the Public Health Service Act (42 
U.S.C. 300mm-51) is amended--
            (1) in subsection (a)--
                    (A) in the matter preceding paragraph (1), by 
                striking ``With respect'' through ``subtitle B, the'' 
                and inserting ``The''; and
                    (B) by striking ``of such individuals'' each place 
                it appears;
            (2) in subsection (b)(1), by inserting ``and individuals who 
        were exposed within a geographic area related to the September 
        11, 2001, terrorist attacks in a manner similar to the exposure 
        within such geographic area experienced by individuals meeting 
        the eligibility criteria under section 3311(a)(2) or 
        3321(a)(1)(B)'' after ``treatment'';
            (3) by redesignating subsections (c) and (d) as subsections 
        (d) and (e), respectively; and
            (4) by inserting after subsection (b) the following:

    ``(c) Research Cohort for Emerging Health Impacts on Youth.--
            ``(1) In general.--The WTC Program Administrator, in 
        consultation with the Secretary of Education, shall establish a 
        research cohort of sufficient size to conduct future research 
        studies on the health and educational impacts of exposure to 
        airborne toxins, or any other hazard or adverse condition, 
        resulting from the September 11, 2001, terrorist attacks, 
        including on the population of individuals who were 21 years of 
        age or younger at the time of exposure, including such 
        individuals who are screening-eligible WTC survivors or 
        certified-eligible WTC survivors.

[[Page 136 STAT. 5967]]

            ``(2) Populations studied.--The research cohort under 
        paragraph (1) may include--
                    ``(A) individuals who, on September 11, 2001, were 
                21 years of age or younger and were--
                          ``(i) outside the New York City disaster area; 
                      and
                          ``(ii) in--
                                    ``(I) the area of Manhattan not 
                                further north than 14th Street; or
                                    ``(II) Brooklyn; and
                    ``(B) control populations, including populations of 
                individuals who, on September 11, 2001, were 21 years of 
                age or younger.''.

    (b) Funding.--Section 3351(b) of such Act (42 U.S.C. 300mm-61(b)) is 
amended by inserting after paragraph (3) the following:
            ``(4) Limitation for research cohort for emerging health 
        impacts on youth.--Notwithstanding paragraph (1), the amounts 
        made available under such paragraph may not be used for fiscal 
        years 2023 through 2032 to carry out subsection (c) of section 
        3341.''.

    (c) Conforming Amendment.--Section 3301(f)(2)(E) of such Act (42 
U.S.C. 300mm(f)(2)(E)) is amended by striking ``section 3341(a)'' and 
inserting ``subsection (a) or (c) of section 3341''.

      DIVISION GG-- <<NOTE: Merger Filing Fee Modernization Act of 
2022.>> MERGER FILING FEE MODERNIZATION
SEC. 101. <<NOTE: 15 USC 1 note.>>  SHORT TITLE.

    This division may be cited as the ``Merger Filing Fee Modernization 
Act of 2022''.

   TITLE I--MODERNIZING MERGER FILING FEE COLLECTIONS; ACCOUNTABILITY 
                   REQUIREMENTS; LIMITATION ON FUNDING

SEC. 101. MODIFICATION OF PREMERGER NOTIFICATION FILING FEES.

    Section 605 of Public Law 101-162 (15 U.S.C. 18a note) is amended--
            (1) in subsection (b)--
                    (A) in paragraph (1)--
                          (i) by striking ``$45,000'' and inserting 
                      ``$30,000'';
                          (ii) by striking ``$100,000,000'' and 
                      inserting ``$161,500,000'';
                          (iii) by striking ``2004'' and inserting 
                      ``2023''; and
                          (iv) by striking ``2003'' and inserting 
                      ``2022'';
                    (B) in paragraph (2)--
                          (i) by striking ``$125,000'' and inserting 
                      ``$100,000'';
                          (ii) by striking ``$100,000,000'' and 
                      inserting ``$161,500,000'';
                          (iii) by striking ``but less'' and inserting 
                      ``but is less''; and
                          (iv) by striking ``and'' at the end;
                    (C) in paragraph (3)--

[[Page 136 STAT. 5968]]

                          (i) by striking ``$280,000'' and inserting 
                      ``$250,000''; and
                          (ii) by striking the period at the end and 
                      inserting ``but is less than $1,000,000,000 (as so 
                      adjusted and published);''; and
                    (D) by adding at the end the following:
            ``(4) $400,000 if the aggregate total amount determined 
        under section 7A(a)(2) of the Clayton Act (15 U.S.C. 18a(a)(2)) 
        is not less than $1,000,000,000 (as so adjusted and published) 
        but is less than $2,000,000,000 (as so adjusted and published);
            ``(5) $800,000 if the aggregate total amount determined 
        under section 7A(a)(2) of the Clayton Act (15 U.S.C. 18a(a)(2)) 
        is not less than $2,000,000,000 (as so adjusted and published) 
        but is less than $5,000,000,000 (as so adjusted and published); 
        and
            ``(6) $2,250,000 if the aggregate total amount determined 
        under section 7A(a)(2) of the Clayton Act (15 U.S.C. 18a(a)(2)) 
        is not less than $5,000,000,000 (as so adjusted and 
        published).''; and
            (2) by adding at the end the following:

    ``(c)(1) <<NOTE: Time periods. Effective date. Determination.>>  For 
each fiscal year commencing after September 30, 2023, the filing fees in 
this section shall be increased by an amount equal to the percentage 
increase, if any, in the Consumer Price Index, as determined by the 
Department of Labor or its successor, for the year then ended over the 
level so established for the year ending September 30, 2022.

    ``(2) <<NOTE: Deadline. Publication.>>  As soon as practicable, but 
not later than January 31 of each year, the Federal Trade Commission 
shall publish the adjusted amounts required by paragraph (1).

    ``(3) The Federal Trade Commission shall not adjust amounts required 
by paragraph (1) if the percentage increase described in paragraph (1) 
is less than 1 percent.
    ``(4) An amount adjusted under this section shall be rounded to the 
nearest multiple of $5,000.''.
SEC. 102. <<NOTE: Time periods.>>  REPORTING REQUIREMENTS FOR 
                        MERGER FEE COLLECTIONS.

    (a) FTC and DOJ Joint Report.--For each of fiscal years 2023 through 
2027, the Federal Trade Commission and Department of Justice shall 
jointly and annually report to the Congress on the operation of section 
7A of the Clayton Act (15 U.S.C. 18a) and shall include in such report 
the following:
            (1) The amount of funds made available to the Federal Trade 
        Commission and the Department of Justice, respectively, from the 
        premerger notification filing fees under this section, as 
        adjusted by the Merger Filing Fee Modernization Act of 2022, as 
        compared to the funds made available to the Federal Trade 
        Commission and the Department of Justice, respectively, from 
        premerger notification filing fees as the fees were determined 
        in fiscal year 2022.
            (2) The total revenue derived from premerger notification 
        filing fees, by tier, by the Federal Trade Commission and the 
        Department of Justice, respectively.
            (3) The gross cost of operations of the Federal Trade 
        Commission, by Budget Activity, and the Antitrust Division of 
        the Department of Justice, respectively.

[[Page 136 STAT. 5969]]

    (b) FTC Report.--The Federal Trade Commission shall include in the 
report required under subsection (a), in addition to the requirements 
under subsection (a), for the previous fiscal year--
            (1) <<NOTE: List.>>  for actions with respect to which the 
        record of the vote of each member of the Federal Trade 
        Commission is on the public record of the Federal Trade 
        Commission, a list of each action with respect to which the 
        Federal Trade Commission took or declined to take action on a 3 
        to 2 vote; and
            (2) for all actions for which the Federal Trade Commission 
        took a vote, the percentage of such actions that were decided on 
        a 3 to 2 vote.

    (c) Summary.--The Federal Trade Commission and the Department of 
Justice shall make the report required under subsection (a) available to 
the Committees on the Judiciary of the House of Representatives and of 
the Senate, and shall, for fiscal years 2023 through 2027, no later than 
July 1, present a summary of the joint annual report for the preceding 
fiscal year, including the information required in subsections (a) and 
(b) of this section, to the Committees on the Judiciary of the House of 
Representatives and of the Senate.

        TITLE II--DISCLOSURE OF SUBSIDIES BY FOREIGN ADVERSARIES

SEC. 201. <<NOTE: 15 USC 18b note.>>  FINDINGS AND PURPOSE.

    (a) Findings.--Congress finds the following:
            (1) Foreign subsidies, which can take the form of direct 
        subsidies, grants, loans (including below-market loans), loan 
        guarantees, tax concessions, preferential government procurement 
        policies, or government ownership or control, can distort the 
        competitive process by enabling the subsidized firm to submit a 
        bid higher than other firms in the market, or otherwise change 
        the incentives of the firm in ways that undermine competition 
        following an acquisition.
            (2) Foreign subsidies are particularly problematic when 
        granted by countries or entities that constitute a strategic or 
        economic threat to United States interests.
            (3) The Made in China 2025 plan, states that the Chinese 
        Communist Party will ``support enterprises to carry out mergers 
        and acquisitions (M&A), equity investment, and venture capital 
        overseas''.
            (4) The 2020 report to Congress from the bipartisan U.S.-
        China Economic and Security Review Commission concluded that the 
        Chinese Government subsidizes companies with a goal of their 
        expanding into the United States and other countries, finding 
        that ``[t]his process assists Chinese national champions in 
        surpassing and supplanting global market leaders''. The report 
        warns that the risk is particularly acute when it comes to 
        emerging technologies, where China seeks to ``surpass and 
        displace the United States altogether [and that] [f]ailure to 
        appreciate the gravity of this challenge and defend U.S. 
        competitiveness would be dire . . . [and] risks setting back 
        U.S. economic and technological progress for decades''.
            (5) In remarks before the Hudson Institute on December 8, 
        2020, FTC Commissioner Noah Phillips stated, ``[O]ne area where 
        antitrust needs to reckon with the strategic interests

[[Page 136 STAT. 5970]]

        of other nations is when we scrutinize mergers or conduct 
        involving state-owned entities . . . companies that are 
        controlled, to varying degrees, by the state . . . [and] often 
        are a government tool for implementing industrial policies or to 
        protect national security''.

    (b) <<NOTE: Requirements.>>  Purpose.--The purpose of this section 
is to require parties providing pre-merger notifications to include in 
the notification required under section 7A of the Clayton Act (15 U.S.C. 
18a) information concerning subsidies they receive from countries or 
entities that are strategic or economic threats to the United States.
SEC. 202. <<NOTE: 15 USC 18b.>>  MERGERS INVOLVING FOREIGN 
                        GOVERNMENT SUBSIDIES.

    (a) Definition.--In this section, the term ``foreign entity of 
concern'' has the meaning given the term in section 40207 of the 
Infrastructure Investment and Jobs Act (42 U.S.C. 18741(a)).
    (b) <<NOTE: Notification.>>  Accounting for Foreign Government 
Subsidies.--A person required to file a notification under section 7A of 
the Clayton Act (15 U.S.C. 18a) that received a subsidy from a foreign 
entity of concern shall include in such notification content regarding 
such subsidy.

    (c) <<NOTE: Requirements.>>  Authority of Antitrust Regulators.--The 
Federal Trade Commission, with the concurrence of the Assistant Attorney 
General in charge of the Antitrust Division of the Department of 
Justice, and in consultation with the Chairperson of the Committee on 
Foreign Investment in the United States, the Secretary of Commerce, the 
Chair of the United States International Trade Commission, the United 
States Trade Representative, and the heads of other appropriate 
agencies, and by rule in accordance with section 553 of title 5, United 
States Code, shall require that the notification required under 
subsection (b) be in such form and contain such documentary material and 
information relevant to a proposed acquisition as is necessary and 
appropriate to enable the Federal Trade Commission and the Assistant 
Attorney General in charge of the Antitrust Division of the Department 
of Justice to determine whether such acquisition may, if consummated, 
violate the antitrust laws.

    (d) Effective Date.--Subsection (b) shall take effect on the date on 
which the rule described in subsection (c) takes effect.

            TITLE III--VENUE FOR STATE ANTITRUST ENFORCEMENT

SEC. 301. VENUE FOR STATE ANTITRUST ENFORCEMENT.

    Section 1407 of title 28, United States Code, is amended--
            (1) in subsection (g) by inserting ``or a State'' after 
        ``United States'' and striking ``; but shall not include section 
        4A of the Act of October 15, 1914, as added July 7, 1955 (69 
        Stat. 282; 15 U.S.C. 15a)''; and
            (2) by striking subsection (h).

                        DIVISION HH--AGRICULTURE

SEC. 101. <<NOTE: 7 USC 2016a note.>>  DEFINITION.

    In this division, the term ``Secretary'' means the Secretary of 
Agriculture.

[[Page 136 STAT. 5971]]

                          TITLE I--CONSERVATION

SEC. 201. <<NOTE: 7 USC 6712.>>  GREENHOUSE GAS TECHNICAL 
                        ASSISTANCE PROVIDER AND THIRD-PARTY 
                        VERIFIER PROGRAM.

    (a) Definitions.--In this section:
            (1) Advisory council.--The term ``Advisory Council'' means 
        the Greenhouse Gas Technical Assistance Provider and Third-Party 
        Verifier Program Advisory Council established under subsection 
        (f)(1).
            (2) Agriculture or forestry credit.--The term ``agriculture 
        or forestry credit'' means a credit representing an amount of 
        greenhouse gas emissions from an agricultural or forestry 
        activity that are prevented, reduced, or mitigated (including 
        through the sequestration of carbon) as a result of an 
        agricultural or forestry activity.
            (3) Beginning, socially disadvantaged, limited resource, or 
        veteran farmer, rancher, or private forest landowner.--The term 
        ``beginning, socially disadvantaged, limited resource, or 
        veteran farmer, rancher, or private forest landowner'' means a 
        farmer, rancher, or private forest landowner who is--
                    (A) a beginning farmer or rancher (as defined in 
                section 2501(a) of the Food, Agriculture, Conservation, 
                and Trade Act of 1990 (7 U.S.C. 2279(a)));
                    (B) a socially disadvantaged farmer or rancher (as 
                defined in section 355(e) of the Consolidated Farm and 
                Rural Development Act (7 U.S.C. 2003(e)));
                    (C) a limited resource farmer or rancher (as defined 
                in section 1470.3 of title 7, Code of Federal 
                Regulations (or successor regulations)); or
                    (D) a veteran farmer (as defined in section 2501 of 
                the Food, Agriculture, Conservation, and Trade Act of 
                1990 (7 U.S.C. 2279)).
            (4) Covered entity.--The term ``covered entity'' means a 
        person or entity, including a private business, non-profit 
        organization, or public agency, that either--
                    (A) is a provider of technical assistance to 
                farmers, ranchers, or private forest landowners in 
                carrying out sustainable land use management practices 
                that prevent, reduce, or mitigate greenhouse gas 
                emissions (including through the sequestration of 
                carbon); or
                    (B) is a third-party verifier entity that conducts 
                the verification of the processes described in protocols 
                for voluntary environmental credit markets.
            (5) Greenhouse gas.--The term ``greenhouse gas'' means--
                    (A) carbon dioxide;
                    (B) methane;
                    (C) nitrous oxide; and
                    (D) any other gas that the Secretary, in 
                consultation with the Advisory Council, determines has 
                been identified to have heat trapping qualities.
            (6) Program.--The term ``Program'' means the Greenhouse Gas 
        Technical Assistance Provider and Third-Party Verifier Program 
        established under subsection (b).
            (7) Protocol.--The term ``protocol'' means a systematic 
        approach for generating an agriculture or forestry credit, which

[[Page 136 STAT. 5972]]

        follows a transparent and thorough science-based methodology 
        (including 1 or more baseline scenarios)--
                    (A) for the development of projects to prevent, 
                reduce, or mitigate greenhouse gas emissions (including 
                projects to sequester carbon); and
                    (B) for demonstrating how to quantify, monitor, 
                report, and verify the prevention, reduction, or 
                mitigation of greenhouse gas emissions by projects 
                described in subparagraph (A).
            (8) Socially disadvantaged group.--The term ``socially 
        disadvantaged group'' has the meaning given that term in section 
        355(e) of the Consolidated Farm and Rural Development Act (7 
        U.S.C. 2003(e)).
            (9) Technical assistance.--The term ``technical assistance'' 
        means technical expertise, information, and tools to assist a 
        farmer, rancher, or private forest landowner, who is engaged in 
        or wants to engage in a project to prevent, reduce, or mitigate 
        greenhouse gas emissions (including a project to sequester 
        carbon), as necessary to meet a protocol.
            (10) Voluntary environmental credit market.--The term 
        ``voluntary environmental credit market'' means a voluntary 
        market through which agriculture or forestry credits may be 
        bought or sold.

    (b) Establishment of Program.--
            (1) Determination.--
                    (A) <<NOTE: Deadline.>>  In general.--Not later than 
                270 days after the date of enactment of this Act, the 
                Secretary shall make a determination of whether 
                establishing a voluntary program to register covered 
                entities that carry out activities described in 
                subsection (c)(2) will further each of the following 
                purposes:
                          (i) Facilitating the participation of farmers, 
                      ranchers, and private forest landowners in 
                      voluntary environmental credit markets.
                          (ii) Facilitating the provision of technical 
                      assistance, through covered entities, to farmers, 
                      ranchers, and private forest landowners to help 
                      overcome barriers to entry into voluntary 
                      environmental credit markets.
                          (iii) Ensuring that participating farmers, 
                      ranchers, and private forest landowners receive 
                      fair distribution of revenues derived from the 
                      sale of an agriculture or forestry credit.
                          (iv) Increasing access for farmers, ranchers, 
                      and private forest landowners to resources 
                      relating to existing voluntary environmental 
                      credit markets, including information relating to 
                      the basic market structure and the various roles 
                      and qualifications of different parties.
                    (B) Considerations.--In making the determination 
                under this paragraph, the Secretary shall consider the 
                results of the assessment conducted under subsection 
                (g)(2)(A) and any other relevant information.
            (2) Establishment.--If the Secretary determines under 
        paragraph (1) that establishing such a program will further

[[Page 136 STAT. 5973]]

        such purposes, the Secretary shall establish a voluntary 
        program, to be known as the ``Greenhouse Gas Technical 
        Assistance Provider and Third-Party Verifier Program'', to 
        register covered entities that carry out activities described in 
        subsection (c).
            (3) Report.--Not later than 90 days after making the 
        determination under paragraph (1), the Secretary shall publish a 
        report describing the reasons for such determination, including 
        how establishing a program under this subsection would or would 
        not further each of the purposes described in paragraph (1)(A).

    (c) Protocols, Qualifications, and Activities.--
            (1) Widely accepted protocols and qualifications.--
        After <<NOTE: Notification. Time 
        period. Deadline. Publication.>>  providing public notice and at 
        least a 60-day period for public comment, but not later than 90 
        days after the date on which the Program is established, the 
        Secretary shall publish--
                    (A) <<NOTE: List.>>  a list of, and documents 
                relating to, widely accepted protocols that are designed 
                to ensure consistency, reliability, effectiveness, 
                efficiency, and transparency of voluntary environmental 
                credit markets, including protocol documents and details 
                relating to--
                          (i) calculations;
                          (ii) sampling methodologies;
                          (iii) voluntary environmental credit 
                      accounting principles;
                          (iv) systems for verification, monitoring, 
                      measurement, and reporting; and
                          (v) methods to account for additionality, 
                      permanence, leakage, and, where appropriate, 
                      avoidance of double counting; and
                    (B) descriptions of widely accepted qualifications 
                possessed by covered entities that provide technical 
                assistance to farmers, ranchers, and private forest 
                landowners.
            (2) Activities.--A covered entity may register under the 
        Program with respect to technical assistance or process 
        verification the covered entity carries out for activities that 
        prevent, reduce, or mitigate greenhouse gas emissions, 
        including--
                    (A) land or soil carbon sequestration;
                    (B) emissions reductions derived from fuel choice or 
                reduced fuel use;
                    (C) livestock emissions reductions, including 
                emissions reductions achieved through--
                          (i) feeds, feed additives, and the use of 
                      byproducts as feed sources; or
                          (ii) manure management practices;
                    (D) on-farm energy generation;
                    (E) energy feedstock production;
                    (F) fertilizer or nutrient use emissions reductions;
                    (G) reforestation;
                    (H) forest management, including improving 
                harvesting practices and thinning diseased trees;
                    (I) prevention of the conversion of forests, 
                grasslands, and wetlands;
                    (J) restoration of wetlands or grasslands;

[[Page 136 STAT. 5974]]

                    (K) grassland management, including prescribed 
                grazing;
                    (L) current practices associated with private land 
                conservation programs administered by the Secretary; and
                    (M) such other activities, or combinations of 
                activities, that the Secretary, in consultation with the 
                Advisory Council, determines to be appropriate.
            (3) Inclusions.--In publishing the list of widely accepted 
        protocols and the descriptions of widely accepted qualifications 
        under paragraph (1), the Secretary, in consultation with the 
        Advisory Council, shall include all relevant information 
        relating to market-based protocols, as appropriate, with regard 
        to--
                    (A) quantification;
                    (B) verification;
                    (C) additionality;
                    (D) permanence;
                    (E) reporting; and
                    (F) other expertise, as determined by the Secretary.
            (4) <<NOTE: Revision.>>  Periodic review.--As appropriate, 
        the Secretary shall periodically review and revise the list and 
        descriptions published under paragraph (1) to include any 
        additional protocols or qualifications described in paragraph 
        (3).

    (d) Registration, Website, and Publication of Lists.--
            (1) Registration list.--
                    (A) <<NOTE: Deadline.>>  In general.--Not later than 
                1 year after establishing the Program, the Secretary 
                shall publish, through a website maintained by the 
                Secretary, a registration list consisting of a list of 
                covered entities that have submitted information to the 
                Secretary, which list the Secretary shall regularly 
                update.
                    (B) Registration.--A covered entity may register 
                under the Program to be included on the registration 
                list by submitting to the Secretary, through a website 
                maintained by the Secretary, information that--
                          (i) shall include--
                                    (I) the region in which the covered 
                                entity provides its services;
                                    (II) whether the covered entity is a 
                                technical assistance provider or a 
                                verifier; and
                                    (III) the protocols in which the 
                                covered entity has proficiency; and
                          (ii) may include additional information that--
                                    (I) has been identified by the 
                                Advisory Council in its initial 
                                assessment under subsection (g)(1) to 
                                ensure certainty for producers in the 
                                marketplace for agriculture or forestry 
                                credits; and
                                    (II) the Secretary determines is 
                                appropriate for inclusion.
            (2) <<NOTE: Time period. Effective date.>>  Website and 
        solicitation.--During the 180-day period beginning on the date 
        on which the Program is established, the Secretary shall 
        publish, through an existing website maintained by the 
        Secretary--
                    (A) information describing how covered entities may 
                register under the Program in accordance with paragraph 
                (1);

[[Page 136 STAT. 5975]]

                    (B) <<NOTE: List.>>  a list of the widely accepted 
                protocols and qualifications published by the Secretary 
                under subsection (c)(1); and
                    (C) instructions and suggestions to assist farmers, 
                ranchers, and private forest landowners in facilitating 
                the development of agriculture or forestry credits and 
                accessing voluntary environmental credit markets, 
                including--
                          (i) through working with covered entities 
                      registered under the Program; and
                          (ii) by providing information relating to 
                      programs, registries, and protocols of programs 
                      and registries that provide market-based 
                      participation opportunities for working and 
                      conservation agricultural and forestry lands.
            (3) Programmatic integrity.--The Secretary shall ensure, to 
        the maximum extent practicable, that covered entities registered 
        under the Program--
                    (A) act in good faith to provide realistic estimates 
                of costs and revenues relating to activities and 
                verification of processes described in subsection 
                (c)(2), as applicable to the covered entity; and
                    (B) demonstrate expertise in, and are able to 
                perform in accordance with, best management practices 
                for agricultural and forestry activities that prevent, 
                reduce, or mitigate greenhouse gas emissions (including 
                through the sequestration of carbon).
            (4) Removal from registration list.--
                    (A) In general.--
                          (i) <<NOTE: Determination.>>  Removal.--The 
                      Secretary shall remove a covered entity from the 
                      registration list under the Program if the 
                      Secretary determines that the covered entity has 
                      not acted in accordance with--
                                    (I) the information provided by the 
                                entity under paragraph (1)(B); or
                                    (II) best management practices for 
                                agricultural and forestry activities 
                                that prevent, reduce, or mitigate 
                                greenhouse gas emissions (including 
                                through the sequestration of carbon).
                          (ii) Determination.--The Secretary may make a 
                      determination under clause (i)--
                                    (I) based on a periodic review of a 
                                representative sample of covered 
                                entities, which shall occur not less 
                                frequently than once each year; or
                                    (II) as necessary.
                    (B) Appeal of removal.--
                          (i) In general.--A covered entity that has 
                      been removed from the registration list pursuant 
                      to subparagraph (A) may appeal the determination 
                      to the Secretary.
                          (ii) <<NOTE: Determination.>>  Re-
                      registration.--A covered entity that appeals a 
                      determination under clause (i) may re-register 
                      under the Program if the covered entity 
                      successfully proves, as determined by the 
                      Secretary, that the covered entity has acted in 
                      accordance with, as applicable--
                                    (I) the information provided by the 
                                entity under paragraph (1)(B); and

[[Page 136 STAT. 5976]]

                                    (II) best management practices for 
                                agricultural and forestry activities 
                                that prevent, reduce, or mitigate 
                                greenhouse gas emissions (including 
                                through the sequestration of carbon).
                    (C) Notification.--If the Secretary removes a 
                covered entity from the registration list pursuant to 
                subparagraph (A), to the extent practicable, the 
                Secretary shall--
                          (i) request from that covered entity contact 
                      information for all farmers, ranchers, and private 
                      forest landowners to which the covered entity 
                      provided technical assistance or the verification 
                      of the processes described in protocols of 
                      voluntary environmental credit markets; and
                          (ii) notify those farmers, ranchers, and 
                      private forest landowners of the removal.
            (5) Savings clause.--Nothing in this section authorizes the 
        Secretary to compel a farmer, rancher, or private forest 
        landowner to participate in a transaction or project facilitated 
        by a covered entity certified under paragraph (1).

    (e) Submission of Fraudulent Information or Claims.--
            (1) In general.--A person or entity, regardless of whether 
        the person or entity is registered under the Program, shall not 
        make a fraudulent submission under subsection (d) or make a 
        fraudulent claim regarding the presence of that person or entity 
        on the registration list published under such subsection.
            (2) Penalty.--Any person or entity that violates paragraph 
        (1) shall be--
                    (A) subject to a civil penalty equal to such amount 
                as the Secretary determines to be appropriate, not to 
                exceed $1,000 per violation; and
                    (B) <<NOTE: Time period.>>  ineligible to register 
                under the Program for the 5-year period beginning on the 
                date of the violation.

    (f) Greenhouse Gas Technical Assistance Provider and Third-Party 
Verifier Program Advisory Council.--
            (1) <<NOTE: Time period. Effective date. Establishment.>>  
        In general.--During the 90-day period beginning on the date on 
        which the Program is established, the Secretary shall establish 
        an advisory council, to be known as the ``Greenhouse Gas 
        Technical Assistance Provider and Third-Party Verifier Program 
        Advisory Council''.
            (2) Membership.--
                    (A) <<NOTE: Appointment.>>  In general.--The 
                Advisory Council shall be composed of members appointed 
                by the Secretary in accordance with this paragraph.
                    (B) General representation.--The Advisory Council 
                shall--
                          (i) be broadly representative of the 
                      agriculture and private forest sectors;
                          (ii) include beginning, socially 
                      disadvantaged, limited resource, and veteran 
                      farmers, ranchers, and private forest landowners; 
                      and
                          (iii) be composed of not less than 51 percent 
                      farmers, ranchers, or private forest landowners.
                    (C) Members.--Members appointed under subparagraph 
                (A) shall include--
                          (i) not more than 2 representatives of the 
                      Department of Agriculture, as determined by the 
                      Secretary;

[[Page 136 STAT. 5977]]

                          (ii) not more than 1 representative of the 
                      Environmental Protection Agency, as determined by 
                      the Administrator of the Environmental Protection 
                      Agency;
                          (iii) not more than 1 representative of the 
                      National Institute of Standards and Technology;
                          (iv) not fewer than 12 representatives of the 
                      agriculture industry, appointed in a manner that 
                      is broadly representative of the agriculture 
                      sector, including not fewer than 6 active farmers 
                      and ranchers;
                          (v) not fewer than 4 representatives of 
                      private forest landowners or the forestry and 
                      forest products industry appointed in a manner 
                      that is broadly representative of the private 
                      forest sector;
                          (vi) not more than 4 representatives of the 
                      relevant scientific research community, including 
                      not fewer than 2 representatives from land-grant 
                      colleges and universities (as defined in section 
                      1404 of the National Agricultural Research, 
                      Extension, and Teaching Policy Act of 1977 (7 
                      U.S.C. 3103)), of which 1 shall be a 
                      representative of a college or university eligible 
                      to receive funds under the Act of August 30, 1890 
                      (commonly known as the ``Second Morrill Act'') (26 
                      Stat. 417, chapter 841; 7 U.S.C. 321 et seq.), 
                      including Tuskegee University;
                          (vii) not more than 2 experts or professionals 
                      familiar with voluntary environmental credit 
                      markets and the verification requirements in those 
                      markets;
                          (viii) not more than 3 members of 
                      nongovernmental or civil society organizations 
                      with relevant expertise, of which not fewer than 1 
                      shall represent the interests of socially 
                      disadvantaged groups;
                          (ix) not more than 3 members of private sector 
                      entities or organizations that participate in 
                      voluntary environmental credit markets; and
                          (x) <<NOTE: Determination.>>  any other 
                      individual whom the Secretary determines to be 
                      necessary to ensure that the Advisory Council is 
                      composed of a diverse group of representatives of 
                      industry, academia, independent researchers, and 
                      public and private entities.
                    (D) Chair.--The Secretary shall designate a member 
                of the Advisory Council to serve as the Chair.
                    (E) Terms.--
                          (i) In general.--The term of a member of the 
                      Advisory Council shall be 2 years, except that, of 
                      the members first appointed--
                                    (I) not fewer than 8 members shall 
                                serve for a term of 1 year;
                                    (II) not fewer than 12 members shall 
                                serve for a term of 2 years; and
                                    (III) not fewer than 12 members 
                                shall serve for a term of 3 years.
                          (ii) Additional terms.--After the initial term 
                      of a member of the Advisory Council, including the 
                      members first appointed, the member may serve not 
                      more than 4 additional 2-year terms.
            (3) Meetings.--

[[Page 136 STAT. 5978]]

                    (A) Frequency.--The Advisory Council shall meet not 
                less frequently than annually, at the call of the Chair.
                    (B) <<NOTE: Time period. Effective date.>>  Initial 
                meeting.--During the 90-day period beginning on the date 
                on which the members are appointed under paragraph 
                (2)(A), the Advisory Council shall hold an initial 
                meeting.
            (4) General duties.--The Advisory Council shall--
                    (A) periodically review and recommend any 
                appropriate changes to--
                          (i) the list of protocols and description of 
                      qualifications published by the Secretary under 
                      subsection (c)(1); and
                          (ii) the activities described in subsection 
                      (c)(1)(B);
                    (B) make recommendations to the Secretary regarding 
                the best practices that should be included in the 
                protocols, description of qualifications, and activities 
                described in subparagraph (A); and
                    (C) advise the Secretary regarding--
                          (i) the current methods used by voluntary 
                      environmental credit markets to quantify and 
                      verify the prevention, reduction, or mitigation of 
                      greenhouse gas emissions (including the 
                      sequestration of carbon);
                          (ii) means to reduce barriers to entry in the 
                      business of providing technical assistance or the 
                      verification of the processes described in 
                      protocols of voluntary environmental credit 
                      markets for covered entities, including by 
                      improving technical assistance provided by the 
                      Secretary;
                          (iii) means to reduce compliance and 
                      verification costs for farmers, ranchers, and 
                      private forest landowners in entering voluntary 
                      environmental credit markets, including through 
                      mechanisms and processes to aggregate the value of 
                      activities across land ownership;
                          (iv) issues relating to land and asset 
                      ownership in light of evolving voluntary 
                      environmental credit markets; and
                          (v) additional means to reduce barriers to 
                      entry in voluntary environmental credit markets 
                      for farmers, ranchers, and private forest 
                      landowners, particularly for beginning, socially 
                      disadvantaged, limited resource, and veteran 
                      farmers, ranchers, and private forest landowners.
            (5) Compensation.--The members of the Advisory Council shall 
        serve without compensation.
            (6) Conflict of interest.--The Secretary shall prohibit any 
        member of the Advisory Council from--
                    (A) engaging in any determinations or activities of 
                the Advisory Council that may result in the favoring of, 
                or a direct and predictable effect on--
                          (i) the member or a family member, as 
                      determined by the Secretary;
                          (ii) stock owned by the member or a family 
                      member, as determined by the Secretary; or
                          (iii) the employer of, or a business owned in 
                      whole or in part by, the member or a family 
                      member, as determined by the Secretary; or

[[Page 136 STAT. 5979]]

                    (B) providing advice or recommendations regarding, 
                or otherwise participating in, matters of the Advisory 
                Council that--
                          (i) constitute a conflict of interest under 
                      section 208 of title 18, United States Code; or
                          (ii) may call into question the integrity of 
                      the Advisory Council, the Program, or the 
                      technical assistance or verification activities 
                      described under subsection (c)(2).
            (7) FACA applicability.--The Advisory Council shall be 
        subject to the Federal Advisory Committee Act (5 U.S.C. App.), 
        except that section 14(a)(2) of that Act shall not apply.

    (g) Assessment.--
            (1) <<NOTE: Deadline.>>  Initial assessment.--Not later than 
        90 days after the Advisory Council holds an initial meeting, the 
        Advisory Council shall submit to the Secretary, the Committee on 
        Agriculture of the House of Representatives, and the Committee 
        on Agriculture, Nutrition, and Forestry of the Senate an initial 
        assessment that examines ways to ensure certainty for farmers, 
        ranchers, or private forest landowners in the marketplace for 
        agriculture or forestry credits, including identification of any 
        information that may be appropriate for entities to provide when 
        registering under subsection (d)(1)(B).
            (2) <<NOTE: Deadline.>>  General assessment.--Not later than 
        240 days after the date of enactment of this Act, the Secretary, 
        in consultation with the Administrator of the Environmental 
        Protection Agency, shall--
                    (A) conduct an assessment, which incorporates 
                information from existing publications and reports of 
                the Department of Agriculture and other entities with 
                relevant expertise, regarding--
                          (i) the number and categories of non-Federal 
                      actors in the nonprofit and for-profit sectors 
                      involved in development, generation, or sale of 
                      agriculture or forestry credits in voluntary 
                      environmental credit markets;
                          (ii) <<NOTE: Estimate. Time period.>>  the 
                      estimated overall domestic market demand for 
                      agriculture or forestry credits at the end of the 
                      preceding 4-calendar year period, and 
                      historically, in voluntary environmental credit 
                      markets;
                          (iii) <<NOTE: Time period.>>  the total number 
                      of agriculture or forestry credits (measured in 
                      metric tons of carbon dioxide equivalent) that 
                      were estimated to be in development, generated, or 
                      sold in market transactions during the preceding 
                      4-calendar year period, and historically, in 
                      voluntary environmental credit markets;
                          (iv) <<NOTE: Time period.>>  the estimated 
                      supply and demand of metric tons of carbon dioxide 
                      equivalent of offsets in the global marketplace 
                      for the next 4 years;
                          (v) the barriers to entry due to compliance 
                      and verification costs described in subsection 
                      (f)(4)(C)(iii);
                          (vi) the state of monitoring and measurement 
                      technologies needed to quantify long-term carbon 
                      sequestration in soils and from other activities 
                      to prevent, reduce, or mitigate greenhouse gas 
                      emissions in the agriculture and forestry sectors;

[[Page 136 STAT. 5980]]

                          (vii) means to reduce barriers to entry into 
                      voluntary environmental credit markets for 
                      beginning, socially disadvantaged, limited 
                      resource, and veteran farmers, ranchers, and 
                      private forest landowners, and the extent to which 
                      existing protocols of voluntary environmental 
                      credit markets allow for aggregation of projects 
                      among farmers, ranchers, and private forest 
                      landowners;
                          (viii) <<NOTE: Time period.>>  the extent to 
                      which the existing regimes for generating and 
                      selling agriculture or forestry credits (as the 
                      regimes exist at the end of the preceding 4-
                      calendar year period, and historically), and 
                      existing voluntary environmental credit markets, 
                      may be impeded or constricted, or achieve greater 
                      scale and reach, if the Department of Agriculture 
                      were involved, including involvement in education 
                      described in clause (ix);
                          (ix) the extent to which Department of 
                      Agriculture education of stakeholders about 
                      voluntary environmental credit markets would 
                      benefit those stakeholders, including whether that 
                      education would reduce barriers to entry 
                      identified under clause (v);
                          (x) the extent to which existing protocols of 
                      voluntary environmental credit markets, including 
                      verification, additionality, permanence, and 
                      reporting, adequately take into consideration and 
                      account for factors encountered by the agriculture 
                      and private forest sectors in preventing, 
                      reducing, or mitigating greenhouse gas emissions 
                      (including by sequestering carbon) through 
                      agriculture and forestry practices, considering 
                      variances across regions, topography, soil types, 
                      crop or species varieties, and business models;
                          (xi) the extent to which existing protocols of 
                      voluntary environmental credit markets consider 
                      options to ensure the continued valuation, through 
                      discounting or other means, of agriculture and 
                      forestry credits in the case of the practices 
                      underlying those credits being disrupted due to 
                      unavoidable events, including production 
                      challenges and natural disasters; and
                          (xii) opportunities for other voluntary 
                      markets outside of voluntary environmental credit 
                      markets to foster the trading, buying, or selling 
                      of credits that are derived from activities that 
                      provide other ecosystem service benefits, 
                      including activities that improve water quality, 
                      water quantity, wildlife habitat enhancement, and 
                      other ecosystem services, as the Secretary 
                      determines appropriate;
                    (B) <<NOTE: Publication.>>  publish the assessment; 
                and
                    (C) submit the assessment to the Committee on 
                Agriculture, Nutrition, and Forestry of the Senate and 
                the Committee on Agriculture of the House of 
                Representatives.
            (3) <<NOTE: Publication. Time period.>>  Quadriennial 
        assessment.--The Secretary, in consultation with the 
        Administrator of the Environmental Protection Agency and the 
        Advisory Council, shall conduct the assessment described in 
        paragraph (2)(A) and publish and submit such assessment in 
        accordance with subparagraphs (B) and (C) of paragraph (2) every 
        4 years after the publication and

[[Page 136 STAT. 5981]]

        submission of the first assessment under subparagraphs (B) and 
        (C) of paragraph (2).

    (h) Confidentiality.--
            (1) Prohibition.--
                    (A) In general.--Except as provided in paragraph 
                (2), the Secretary, any other officer or employee of the 
                Department of Agriculture or any agency of the 
                Department of Agriculture, or any other person may not 
                disclose to the public the information held by the 
                Secretary described in subparagraph (B).
                    (B) Information.--
                          (i) In general.--Except as provided in clause 
                      (ii), the information prohibited from disclosure 
                      under subparagraph (A) is--
                                    (I) personally identifiable 
                                information, including in a contract or 
                                service agreement, of a farmer, rancher, 
                                or private forest landowner, obtained by 
                                the Secretary under subsection 
                                (d)(4)(C)(i); and
                                    (II) confidential business 
                                information in a contract or service 
                                agreement of a farmer, rancher, or 
                                private forest landowner obtained by the 
                                Secretary under subsection (d)(4)(C)(i).
                          (ii) Aggregated release.--Information 
                      described in clause (i) may be released to the 
                      public if the information has been transformed 
                      into a statistical or aggregate form that does not 
                      allow the identification of the person who 
                      supplied or is the subject of the particular 
                      information.
            (2) Exception.--Paragraph (1) shall not prohibit the 
        disclosure by an officer or employee of the Federal Government 
        of information described in paragraph (1)(B) as otherwise 
        directed by the Secretary or the Attorney General for 
        enforcement purposes.

    (i) <<NOTE: Time periods.>>  Funding.--
            (1) Authorization of appropriations.--In addition to the 
        amount made available under paragraph (2), there is authorized 
        to be appropriated to carry out this section $1,000,000 for each 
        of fiscal years 2023 through 2027.
            (2) Direct funding.--
                    (A) Rescission.--There is rescinded $4,100,000 of 
                the unobligated balance of amounts made available by 
                section 1003 of the American Rescue Plan Act of 2021 
                (Public Law 117-2).
                    (B) Appropriation.--If such unobligated amounts are 
                available to execute the rescission under subparagraph 
                (A), on the day after the execution of the rescission, 
                there is appropriated to the Secretary, out of amounts 
                in the Treasury not otherwise appropriated, $4,100,000 
                to carry out this section to remain available for fiscal 
                years 2023 through 2027.
            (3) Prohibition.--None of the funds of the Commodity Credit 
        Corporation shall be used to carry out this section.

    (j) Rule of Construction.--Nothing in this section shall be 
construed to provide authority to the Secretary for the establishment or 
operation of a Federal market through which agriculture or forestry 
credits may be bought or sold.

[[Page 136 STAT. 5982]]

SEC. 202. ACCEPTANCE AND USE OF PRIVATE FUNDS FOR PUBLIC-PRIVATE 
                        PARTNERSHIPS.

    Section 1241(f) of the Food Security Act of 1985 (16 U.S.C. 3841(f)) 
is amended--
            (1) in the subsection heading, by inserting ``for Public-
        Private Partnerships'' after ``Contributions'';
            (2) by amending paragraph (1) to read as follows:
            ``(1) Establishment of public-private partnership 
        contributions accounts.--The Secretary shall establish the 
        necessary accounts and process to accept contributions of 
        private funds for the purposes of addressing the changing 
        climate, sequestering carbon, improving wildlife habitat, 
        protecting sources of drinking water, and addressing other 
        natural resource priorities identified by the Secretary.'';
            (3) in paragraph (2), by striking ``a conservation program 
        administered by the Secretary under subtitle D shall be 
        deposited into the sub-account'' and inserting ``a covered 
        program shall be deposited into the account''; and
            (4) by adding at the end the following:
            ``(3) Secretarial authority.--
                    ``(A) In general.--The Secretary may accept under 
                this subsection contributions of such funds as the 
                Secretary determines appropriate, taking into 
                consideration--
                          ``(i) the source of the funds to be 
                      contributed;
                          ``(ii) the natural resource concerns to be 
                      addressed through the use of the funds;
                          ``(iii) the amount of funds to be contributed;
                          ``(iv) whether the activities proposed to be 
                      carried out using the funds are consistent with 
                      the priorities of the Secretary; and
                          ``(v) any other factors the Secretary 
                      determines to be relevant.
                    ``(B) Determination.--A determination of whether to 
                accept private funds under this subsection shall be at 
                the sole discretion of the Secretary.
            ``(4) Match of contributed funds.--
                    ``(A) In general.--Subject to subparagraph (B), the 
                Secretary may provide matching Federal funds, and 
                determine the level of such match, which shall not 
                exceed 75 percent, for the private funds contributed 
                under this subsection, subject to the availability of 
                funding for the applicable covered program.
                    ``(B) Distribution of federal funding for states.--
                The Secretary may not provide any matching Federal funds 
                pursuant to subparagraph (A) in a manner that would 
                result in a substantial reduction in the historical 
                distribution of Federal funding to any State for any 
                covered program.
                    ``(C) Limitation.--No funds made available pursuant 
                to Public Law 117-169 may be used to provide matching 
                Federal funds pursuant to subparagraph (A).
            ``(5) Role of contributing entity.--An entity contributing 
        funds under this subsection may--
                    ``(A) designate the covered program for which the 
                contributed funds are intended to be used;
                    ``(B) specify the geographic area in which the 
                contributed funds are intended to be used;

[[Page 136 STAT. 5983]]

                    ``(C) identify a natural resource concern the 
                contributed funds are intended to be used to address;
                    ``(D) with respect to an activity funded pursuant to 
                this subsection that may result in environmental 
                services benefits to be sold through an environmental 
                services market, subject to the approval of the 
                Secretary, prescribe the terms for ownership of the 
                entity's share of such environmental services benefits 
                resulting from such activity; and
                    ``(E) work with the Secretary to promote the 
                activities funded pursuant to this subsection.
            ``(6) Producer participation.--
                    ``(A) <<NOTE: Process.>>  Notification.--The 
                Secretary shall establish a process to provide notice to 
                producers--
                          ``(i) of activities that may be carried out, 
                      through a covered program, pursuant to this 
                      section; and
                          ``(ii) any terms prescribed by the 
                      contributing entity under paragraph (5)(D) with 
                      respect to such activities.
                    ``(B) Retention of environmental services 
                benefits.--The Secretary shall not claim or impede any 
                action of a producer with respect to the environmental 
                services benefits they accrue through activities funded 
                pursuant to this subsection.
            ``(7) Consistency with program requirements.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), the Secretary shall ensure that the 
                terms and conditions of activities carried out using 
                funds contributed under this subsection are consistent 
                with the requirements of the applicable covered program.
                    ``(B) Adjustments.--
                          ``(i) <<NOTE: Determination.>>  In general.--
                      The Secretary may, if the Secretary determines 
                      necessary, adjust a regulatory requirement of a 
                      covered program, or related guidance, as it 
                      applies to an activity carried out using funds 
                      contributed under this subsection--
                                    ``(I) to provide a simplified 
                                process; or
                                    ``(II) to better reflect unique 
                                local circumstances and to address a 
                                specific priority of the contributing 
                                entity.
                          ``(ii) Limitation.--The Secretary shall not 
                      adjust the application of statutory requirements 
                      for a covered program, including requirements 
                      governing appeals, payment limits, and 
                      conservation compliance.
            ``(8) Report.--Not later than December 31, 2024, and each 
        year thereafter through December 31, 2031, the Secretary shall 
        submit to the Committee on Agriculture of the House of 
        Representatives and the Committee on Agriculture, Nutrition, and 
        Forestry of the Senate a report that contains--
                    ``(A) the name and a description of each entity 
                contributing private funds under this subsection that 
                took an action under paragraph (5), and a description of 
                each such action;
                    ``(B) the name and a description of each entity 
                contributing private funds under this subsection for 
                which the Secretary has provided matching Federal funds, 
                and the

[[Page 136 STAT. 5984]]

                level of that match, including the amount of such 
                matching Federal funds; and
                    ``(C) the total amounts of--
                          ``(i) private funds contributed under this 
                      subsection; and
                          ``(ii) matching Federal funds provided by the 
                      Secretary under paragraph (4).
            ``(9) Covered program defined.--In this subsection, the term 
        `covered program' means a program carried out by the Secretary 
        under--
                    ``(A) subtitle D (except for subchapter B of such 
                subtitle), subtitle H, or subtitle I;
                    ``(B) section 403 of the Agricultural Credit Act of 
                1978 (16 U.S.C. 2203);
                    ``(C) title V of the Healthy Forests Restoration Act 
                of 2003 (16 U.S.C. 6571 et seq.); or
                    ``(D) the Watershed Protection and Flood Prevention 
                Act (16 U.S.C. 1001 et seq.), except for any program 
                established by the Secretary to carry out section 14 of 
                such Act (16 U.S.C. 1012).
            ``(10) Duration of authority.--The authority of the 
        Secretary under this subsection shall expire, with respect to 
        each covered program, on the date on which the authority of the 
        covered program expires.''.

  TITLE II--COMMODITY FUTURES TRADING COMMISSION WHISTLEBLOWER PROGRAM

SEC. 301. IN GENERAL.

    Section 1(b) of Public Law 117-25 (135 Stat. 297; 136 Stat. 2133) is 
amended--
            (1) by redesignating paragraphs (2) and (3) as paragraphs 
        (3) and (4), respectively;
            (2) by inserting after paragraph (1) the following:
            ``(2) Additional transfers.--In addition to amounts 
        transferred under paragraph (1), the Commission may transfer up 
        to $10,000,000 from the Fund into the account.'';
            (3) in paragraph (3) (as so redesignated)--
                    (A) by striking ``paragraph (1)'' and inserting 
                ``paragraphs (1) and (2)''; and
                    (B) by striking ``until'' and all that follows 
                through the period at the end and inserting ``until 
                October 1, 2024.''; and
            (4) in paragraph (4) (as so redesignated), by striking 
        ``on'' and all that follows through ``shall'' and inserting ``on 
        October 1, 2024, shall''.

                           TITLE III--FORESTRY

SEC. 401. MODIFICATION OR TERMINATION OF EASEMENTS UNDER THE 
                        HEALTHY FORESTS RESERVE PROGRAM.

    Section 502 of the Healthy Forests Restoration Act of 2003 (16 
U.S.C. 6572) is amended by adding at the end the following:

[[Page 136 STAT. 5985]]

    ``(g) Easement Modification or Termination.--
            ``(1) In general.--The Secretary may modify or terminate an 
        easement or other interest in land administered by the Secretary 
        under this title if--
                    ``(A) the owner of the land agrees to the 
                modification or termination; and
                    ``(B) <<NOTE: Determination.>>  the Secretary 
                determines that the modification or termination--
                          ``(i) will address a compelling public need 
                      for which there is no practicable alternative; and
                          ``(ii) is in the public interest.
            ``(2) <<NOTE: Compensation.>>  Consideration; conditions.--
                    ``(A) Termination.--As consideration for termination 
                of an easement or other interest in land under this 
                subsection, the Secretary shall enter into a 
                compensatory arrangement, as the Secretary determines to 
                be appropriate.
                    ``(B) Modification.--In the case of a modification 
                of an easement or other interest in land under this 
                subsection--
                          ``(i) as a condition of the modification, the 
                      owner of the land shall enter into a compensatory 
                      arrangement, as the Secretary determines to be 
                      appropriate, to incur the costs of modification; 
                      and
                          ``(ii) the Secretary shall ensure that--
                                    ``(I) the modification will not 
                                adversely affect the forest ecosystem 
                                functions and values for which the 
                                easement or other interest in land was 
                                acquired;
                                    ``(II) any adverse impacts will be 
                                mitigated by enrollment and restoration 
                                of other land that provides greater 
                                forest ecosystem functions and values at 
                                no additional cost to the Federal 
                                Government; and
                                    ``(III) the modification will result 
                                in equal or greater environmental and 
                                economic values to the United States.''.

                           TITLE IV--NUTRITION

SEC. 501. <<NOTE: 7 USC 2016a.>>  EBT BENEFIT FRAUD PREVENTION.

    (a) Guidance; Rulemaking.--The Secretary shall--
            (1) issue guidance to State agencies, on an ongoing basis, 
        as informed by the process outlined in paragraph (4), that 
        describes security measures that--
                    (A) <<NOTE: Determination.>>  are effective, as 
                determined by the Secretary, in detecting and preventing 
                theft of benefits, including through card skimming, card 
                cloning, and other similar fraudulent methods;
                    (B) are consistent with industry standards for 
                detecting, identifying, and preventing debit and credit 
                card skimming, card cloning, and other similar 
                fraudulent methods; and
                    (C) consider the feasibility of cost, availability, 
                and implementation for States;

[[Page 136 STAT. 5986]]

            (2) promulgate regulations through notice-and-comment 
        rulemaking to require State agencies to take the security 
        measures described in the guidance issued under paragraph (1);
            (3) <<NOTE: Deadline.>>  not later than December 1, 2023, 
        promulgate regulations (including an interim final rule) to 
        require State agencies to implement procedures for the 
        replacement of benefits consistent with subsection (b);
            (4) <<NOTE: Coordination. Contracts.>>  coordinate with the 
        Administrator of the Administration for Children and Families of 
        the Department of Health and Human Services, the Attorney 
        General of the United States, State agencies, retail food 
        stores, and EBT contractors--
                    (A) <<NOTE: Determination.>>  to determine--
                          (i) how benefits are being stolen through card 
                      skimming, card cloning, and other similar 
                      fraudulent methods;
                          (ii) how those stolen benefits are used; and
                          (iii) to the maximum extent practicable, the 
                      locations where card skimming, card cloning, and 
                      other similar fraudulent methods are taking place;
                    (B) to establish measures, including equipment 
                enhancements for retail food stores, to prevent benefits 
                from being stolen through card skimming, card cloning, 
                and other similar fraudulent methods; and
                    (C) <<NOTE: Standards. Data.>>  to establish 
                standard reporting methods for States to collect and 
                share data with the Secretary on the scope of benefits 
                being stolen through card skimming, card cloning, and 
                other similar fraudulent methods; and
            (5) <<NOTE: Reports.>>  not later than October 1, 2024, 
        submit to the Committee on Agriculture, Nutrition, and Forestry 
        of the Senate and the Committee on Agriculture of the House of 
        Representatives a report that includes--
                    (A) to the maximum extent practicable, information 
                on the frequency of theft of benefits and the location 
                of those thefts, including benefits stolen through card 
                skimming, card cloning, and other similar fraudulent 
                methods;
                    (B) a description of the determinations made under 
                paragraph (4)(A), the measures established under 
                paragraph (4)(B), and methods established in paragraph 
                (4)(C);
                    (C) a description of the industry standards 
                described in paragraph (1)(B); and
                    (D) <<NOTE: Recommenda- tions.>>  recommendations on 
                how to consistently detect, track, report, and prevent 
                theft of benefits, including benefits stolen through 
                card skimming, card cloning, and other similar 
                fraudulent methods.

    (b) <<NOTE: Requirement.>>  Replacement of Benefits.--The Secretary 
shall use funds appropriated under section 18 of the Food and Nutrition 
Act of 2008 (7 U.S.C. 2027) to require States to replace benefits that 
are determined by the State agency to have been stolen through card 
skimming, card cloning, or similar fraudulent methods, subject to the 
conditions that--
            (1) <<NOTE: Deadline. Plan.>>  the State agency shall submit 
        to the Secretary not later than 60 days after the date of the 
        enactment of this Act for prior approval a plan for the 
        replacement of stolen benefits that--
                    (A) <<NOTE: Procedures. Determination.>>  includes 
                appropriate procedures, as determined by the Secretary, 
                for the timely submission of claims to, timely

[[Page 136 STAT. 5987]]

                validation of claims by, and replacement issuance by the 
                State agency that includes--
                          (i) <<NOTE: Statement.>>  a signed statement 
                      by the affected household on the benefit theft, 
                      consistent with the signature requirements and 
                      options provided by section 11(e)(2)(C) of the 
                      Food and Nutrition Act of 2008, as amended (7 
                      U.S.C. 2020(e)(2)(C));
                          (ii) <<NOTE: Criteria.>>  criteria to 
                      determine if a submitted claim is valid;
                          (iii) procedures for the documentation of 
                      replacement issuances, including the submitted 
                      claims and findings from the validation;
                          (iv) <<NOTE: Reports.>>  the submission of 
                      data reports on benefit theft and replacement 
                      activity to the Secretary;
                          (v) procedures to inform households of their 
                      right to a fair hearing, consistent with those 
                      already established by section 11(e) of the Food 
                      and Nutrition Act of 2008 (7 U.S.C. 2020(e)) and 
                      corresponding regulations concerning replacement 
                      issuances; and
                          (vi) the State agency's use and planned use of 
                      benefit theft prevention measures, including any 
                      additional guidance that may be issued under 
                      subsection (a)(1);
                    (B) includes appropriate procedures, as determined 
                by the Secretary, for reporting the scope and frequency 
                of card skimming affecting households within the State 
                to the Secretary;
                    (C) upon approval shall be incorporated into the 
                State plan of operation required under section 11(e) of 
                the Food and Nutrition Act of 2008 (7 U.S.C. 2020(e)); 
                and
                    (D) the Secretary may approve after the date on 
                which guidance is issued under subsection (a)(1);
            (2) the replacement of stolen benefits for a household--
                    (A) <<NOTE: Time periods.>>  shall not exceed the 
                lesser of--
                          (i) the amount of benefits stolen from the 
                      household; or
                          (ii) the amount equal to 2 months of the 
                      monthly allotment of the household immediately 
                      prior to the date on which the benefits were 
                      stolen;
                    (B) shall not occur more than 2 times per Federal 
                fiscal year per household by a single State agency; and
                    (C) <<NOTE: Applicability.>>  shall only apply to 
                benefits stolen during the period beginning on October 
                1, 2022, and ending on September 30, 2024;
            (3) plans approved under paragraph (1) will remain in effect 
        until the effective date of the rule promulgated pursuant to 
        subsection (a)(3); and
            (4) replacements of benefits under this section shall not be 
        regarded as losses for the purpose of section 7(e) of the Food 
        and Nutrition Act of 2008 (7 U.S.C. 2016(e)) to the extent such 
        replacements are made in accordance with an approved plan that 
        complies with this subsection.

    (c) Definitions.--In this section, the terms ``allotment'', 
``benefit'', ``household'', ``retail food store'', and ``State agency'' 
have the meaning given those terms in section 3 of the Food and 
Nutrition Act of 2008 (7 U.S.C. 2012).

[[Page 136 STAT. 5988]]

    (d) Rescission.--Of the unobligated balances made available for the 
Supplemental Nutrition Assistance Program as authorized by section 
1101(b)(1) of the American Rescue Plan Act of 2021 (Public Law 117-2), 
$8,000,000 is hereby rescinded.
SEC. 502. INCREASING ACCESS TO SUMMER MEALS FOR CHILDREN THROUGH 
                        EBT AND ALTERNATIVE DELIVERY OPTIONS.

    (a) Agreements.--Section 12(b) of the Richard B. Russell National 
School Lunch Act (42 U.S.C. 1760(b)) is amended--
            (1) by inserting ``and Indian Tribal organizations'' after 
        ``State agencies'' each place it appears; and
            (2) in paragraph (2)(B), in the matter preceding clause (i), 
        by inserting ``and Indian Tribal organization'' before 
        ``budget''.

    (b) Noncongregate Meals.--Section 13 of the Richard B. Russell 
National School Lunch Act (42 U.S.C. 1761) is amended--
            (1) in subsection (a), by adding at the end the following:
            ``(13) Noncongregate meals.--
                    ``(A) <<NOTE: Deadline. Urban and rural 
                areas. Determination.>>  In general.--Beginning not 
                later than summer 2023, the Secretary shall make 
                available an option to States to provide program meals 
                under this section for noncongregate consumption in a 
                rural area with no congregate meal service, as 
                determined by the Secretary.
                    ``(B) Summer 2023.--Notwithstanding any other 
                provision in this paragraph, for summer 2023, the 
                Secretary may allow States to use implementation models 
                developed by the Secretary for demonstration projects 
                carried out under section 749(g) of the Agriculture, 
                Rural Development, Food and Drug Administration, and 
                Related Agencies Appropriations Act, 2010 (Public Law 
                111-80; 123 Stat. 2132), to carry out subparagraph (A).
                    ``(C) Eligibility determination.--In administering 
                this paragraph, the Secretary shall ensure that 
                noncongregate meals are only available for a child--
                          ``(i) in an area in which poor economic 
                      conditions exist; and
                          ``(ii) in an area that is not an area in which 
                      poor economic conditions exist, if the child is 
                      determined to be eligible for a free or reduced 
                      price lunch under this Act or a free or reduced 
                      price breakfast under section 4 of the Child 
                      Nutrition Act of 1966 (42 U.S.C. 1773).
                    ``(D) Priorities.--
                          ``(i) In general.--States shall--
                                    ``(I) identify areas with no 
                                congregate meal service that could 
                                benefit the most from the provision of 
                                noncongregate meals; and
                                    ``(II) encourage participating 
                                service institutions in those areas to 
                                provide noncongregate meals as 
                                appropriate.
                          ``(ii) Areas.--Areas identified under clause 
                      (i) may include areas that are not areas in which 
                      poor economic conditions exist but that have 
                      children who are determined to be eligible for 
                      free or reduced price lunch under this Act or free 
                      or reduced price breakfast under section 4 of the 
                      Child Nutrition Act of 1966 (42 U.S.C. 1773).

[[Page 136 STAT. 5989]]

                    ``(E) Administration.--In administering this 
                paragraph, the Secretary shall ensure that--
                          ``(i) any meal served for noncongregate 
                      consumption--
                                    ``(I) meets all applicable State and 
                                local health, safety, and sanitation 
                                standards; and
                                    ``(II) meets the requirements under 
                                subsection (f)(1);
                          ``(ii) <<NOTE: Time period.>>  over a 10-day 
                      calendar period, the number of reimbursable meals 
                      provided to a child does not exceed the number of 
                      meals that could be provided over a 10-day 
                      calendar period, as established under subsection 
                      (b)(2); and
                          ``(iii) <<NOTE: Process.>>  States establish a 
                      process for identifying gaps in service and 
                      barriers in reaching needy children for congregate 
                      and noncongregate models.
                    ``(F) <<NOTE: Deadline.>>  Regulations.--Not later 
                than 1 year after the date of enactment of this 
                paragraph, the Secretary shall promulgate regulations 
                (which shall include interim final regulations) to carry 
                out this section, including provisions--
                          ``(i) to ensure the integrity of the 
                      alternative option for program delivery described 
                      in subparagraph (A); and
                          ``(ii) to incorporate best practices and 
                      lessons learned from noncongregate demonstration 
                      projects under section 749(g) of the Agriculture, 
                      Rural Development, Food and Drug Administration, 
                      and Related Agencies Appropriations Act, 2010 
                      (Public Law 111-80; 123 Stat. 2132).''; and
            (2) in subsection (n)--
                    (A) by striking ``by January 1 of each year of its 
                intent to administer the program and shall submit for 
                approval by February 15'' and inserting ``of its intent 
                to administer the program and shall submit for approval 
                by April 1, 2023,'';
                    (B) by striking ``(1)'' and inserting ``(A)'';
                    (C) by striking ``(2)'' and inserting ``(B)'';
                    (D) by striking ``(3)'' and inserting ``(C)'';
                    (E) by striking ``(4)'' and inserting ``(D)'';
                    (F) by striking ``(5)'' and inserting ``(E)'';
                    (G) by striking ``and (6)'' and inserting ``(F)'';
                    (H) by striking the period at the end and inserting 
                ``; and (G) the State's plan for using the alternative 
                option for program delivery described in subsection 
                (a)(13), if applicable, including plans to provide a 
                reasonable opportunity to access meals across all areas 
                of the State.'';
                    (I) by striking the subsection designation and all 
                that follows through ``Each State'' and inserting the 
                following:

    ``(n) Management and Administration State Plans.--
            ``(1) Summer 2023.--Each State''; and
                    (J) by adding at the end the following:
            ``(2) <<NOTE: Effective date. Notification. Deadlines.>>  
        Summer 2024 and beyond.--Beginning in 2024, each State desiring 
        to participate in the program under this section or in the 
        summer EBT program under section 13A shall notify the Secretary 
        by January 1 of each year of its intent to administer the 
        applicable program and shall submit for approval by February 15 
        a management and administration plan for

[[Page 136 STAT. 5990]]

        the applicable program for the fiscal year, which shall include, 
        as applicable--
                    ``(A) the requirements listed in subparagraphs (A) 
                through (G) of paragraph (1);
                    ``(B) the administrative budget of the State for 
                administering the summer EBT program under section 13A;
                    ``(C) the State's plan to comply with the State 
                requirements in section 13A(c) and any other standards 
                prescribed by the Secretary under section 13A;
                    ``(D) the State's plan to identify areas with no 
                congregate meal service;
                    ``(E) the State's plan to target priority areas 
                identified under subsection (a)(13)(D)(i)(I); and
                    ``(F) the State's plan to ensure that summer EBT 
                benefits (as described in section 13A(a)) are issued to 
                children based on their school attendance at the end of 
                the instructional year immediately preceding such 
                summer.''.

    (c) Summer EBT.--The Richard B. Russell National School Lunch Act is 
amended by inserting after section 13 (42 U.S.C. 1761) the following:
``SEC. 13A. <<NOTE: 42 USC 1762.>>  SUMMER ELECTRONIC BENEFITS 
                        TRANSFER FOR CHILDREN PROGRAM.

    ``(a) <<NOTE: Effective.>>  Program Established.--The Secretary 
shall establish a program under which States and covered Indian Tribal 
organizations electing to participate in such program shall, beginning 
with summer 2024 and annually for each summer thereafter, issue to each 
eligible household summer electronic benefit transfer benefits (referred 
to in this section as `summer EBT benefits')--
            ``(1) in accordance with this section; and
            ``(2) for the purpose of providing nutrition assistance 
        through electronic benefit transfer or methods described in 
        clauses (ii) and (iii) of subsection (b)(2)(B) during the summer 
        months for each eligible child, to ensure continued access to 
        food when school is not in session for the summer.

    ``(b) Summer EBT Benefits Requirements.--
            ``(1) Purchase options.--
                    ``(A) <<NOTE: Territories.>>  Benefits issued by 
                states.--Summer EBT benefits issued pursuant to 
                subsection (a) by a State may only be used by the 
                eligible household that receives such summer EBT 
                benefits to purchase food (as defined in section 3 of 
                the Food and Nutrition Act of 2008 (7 U.S.C. 2012)) from 
                retail food stores that have been approved for 
                participation in the supplemental nutrition assistance 
                program established under such Act and in accordance 
                with section 7(b) of such Act (7 U.S.C. 2016(b)) or in 
                the nutrition assistance program in American Samoa, the 
                Commonwealth of Puerto Rico, and the Commonwealth of the 
                Northern Mariana Islands.
                    ``(B) Benefits issued by covered indian tribal 
                organizations.--Summer EBT benefits issued pursuant to 
                subsection (a) by a covered Indian Tribal organization 
                may only be used by the eligible household that receives 
                such summer EBT benefits to purchase supplemental foods 
                from vendors that have been approved for participation 
                in the special supplemental nutrition program for women,

[[Page 136 STAT. 5991]]

                infants, and children under section 17 of the Child 
                Nutrition Act of 1966 (42 U.S.C. 1786).
            ``(2) Amount.--Summer EBT benefits issued pursuant to 
        subsection (a)--
                    ``(A) <<NOTE: Time periods.>>  shall be--
                          ``(i) for calendar year 2024, in an amount 
                      equal to $40, which may be proportionately higher 
                      consistent with the adjustments established under 
                      section 12(f) for each eligible child in the 
                      eligible household per month during the summer 
                      operational period; and
                          ``(ii) for calendar year 2025 and each year 
                      thereafter, in an amount equal to the unrounded 
                      benefit amount from the prior year, adjusted to 
                      the nearest lower dollar increment to reflect 
                      changes to the cost of the diet described in 
                      section 3(u) of the Food and Nutrition Act of 2008 
                      (7 U.S.C. 2012(u)) for the 12-month period ending 
                      on November 30 of the preceding calendar year and 
                      rounded to the nearest lower dollar increment; and
                    ``(B) may be issued--
                          ``(i) in the form of an EBT card;
                          ``(ii) through other electronic methods, as 
                      determined by the Secretary; or
                          ``(iii) in the case of a State that does not 
                      issue nutrition assistance program benefits 
                      electronically, using the same methods by which 
                      that State issues benefits under the nutrition 
                      assistance program of that State.
            ``(3) Enforcement.--Summer EBT benefits issued pursuant to 
        subsection (a) shall--
                    ``(A) be subject to sections 12, 14, and 15 of the 
                Food and Nutrition Act of 2008 (7 U.S.C. 2021, 2023, 
                2024) and subsections (n), (o), and (p) of section 17 of 
                the Child Nutrition Act of 1966 (42 U.S.C. 1786), as 
                applicable; and
                    ``(B) to the maximum extent practicable, incorporate 
                technology tools consistent with industry standards that 
                track or prevent theft of benefits, cloning, or other 
                fraudulent activities.
            ``(4) Timing.--
                    ``(A) <<NOTE: Determination.>>  In general.--Except 
                as provided in subparagraph (B), summer EBT benefits 
                issued pursuant to subsection (a) may only be issued for 
                the purpose of purchasing food during the summer months, 
                with appropriate issuance and expungement timelines as 
                determined by the Secretary (but with an expungement 
                timeline not to exceed 4 months).
                    ``(B) Continuous school calendar.--In the case of 
                children who are under a continuous school calendar, the 
                Secretary shall establish alternative plans for the 
                period during which summer EBT benefits may be issued 
                pursuant to subsection (a) and used.

    ``(c) Enrollment in Program.--
            ``(1) State requirements.--States that elect to participate 
        in the program under this section shall--
                    ``(A) with respect to summer, automatically enroll 
                each eligible child who is directly certified, is an 
                identified student (as defined in section 
                11(a)(1)(F)(i)), or is otherwise determined by a school 
                food authority to be eligible to

[[Page 136 STAT. 5992]]

                receive free or reduced price meals in the instructional 
                year immediately preceding the summer or during the 
                summer operational period in the program under this 
                section, without further application from households;
                    ``(B) make an application available for children who 
                do not meet the criteria described in subparagraph (A) 
                and make eligibility determinations using the 
                eligibility criteria for free or reduced price lunches 
                under this Act;
                    ``(C) <<NOTE: Procedures.>>  establish procedures to 
                carry out the enrollment described in subparagraph (A);
                    ``(D) <<NOTE: Procedures.>>  establish procedures 
                for expunging summer EBT benefits from the account of a 
                household, consistent with the requirements under 
                subsection (b)(4); and
                    ``(E) allow eligible households to opt out of 
                participation in the program under this section and 
                establish procedures for opting out of such 
                participation.
            ``(2) Covered indian tribal organization requirements.--
        Covered Indian Tribal organizations participating in the program 
        under this section shall, to the maximum extent practicable, 
        meet the requirements under paragraph (1).

    ``(d) <<NOTE: Payments.>>  Administrative Expenses.--The Secretary 
shall pay to each State agency and covered Indian Tribal organization an 
amount equal to 50 percent of the administrative expenses incurred by 
the State agency or covered Indian Tribal organization in operating the 
program under this section, including the administrative expenses of 
local educational agencies and other agencies in each State or covered 
Indian Tribal organization relating to the operation of the program 
under this section.

    ``(e) <<NOTE: Effective.>>  Summer EBT Authority.--Beginning in 
summer 2024, the Secretary shall not allow States to use the authority 
in section 749(g) of the Agriculture, Rural Development, Food and Drug 
Administration, and Related Agencies Appropriations Act, 2010 (Public 
Law 111-80; 123 Stat. 2132), to provide access to food through 
electronic benefit transfer benefits to children during the summer 
months when schools are not in regular session.

    ``(f) <<NOTE: Deadline.>>  Issuance of Interim Final Regulations.--
Not later than 1 year after the date of enactment of this section, the 
Secretary shall promulgate regulations (which shall include interim 
final regulations) to carry out this section, including provisions 
that--
            ``(1) incorporate best practices and lessons learned from 
        demonstration projects under--
                    ``(A) section 749(g) of the Agriculture, Rural 
                Development, Food and Drug Administration, and Related 
                Agencies Appropriations Act, 2010 (Public Law 111-80; 
                123 Stat. 2132); and
                    ``(B) the pandemic EBT program under section 1101 of 
                the Families First Coronavirus Response Act (7 U.S.C. 
                2011 note; Public Law 116-127);
            ``(2) ensure timely and fair service to applicants for and 
        recipients of benefits under this section;
            ``(3) establish quality assurance and program integrity 
        procedures to ensure that States and local educational agencies 
        have adequate processes--
                    ``(A) to correctly determine the eligibility of 
                children for benefits under this section; and
                    ``(B) to reliably enroll and issue benefits to 
                eligible children; and

[[Page 136 STAT. 5993]]

            ``(4) allow States and covered Indian Tribal organizations 
        to streamline program administration, including by--
                    ``(A) automatically enrolling each eligible child 
                who is able to be directly certified; and
                    ``(B) establishing a single summer operational 
                period.

    ``(g) <<NOTE: Effective. Compliance.>>  Administrative and 
Management Plan.--Beginning in 2024, each State desiring to participate 
in the program under this section shall comply with the requirements 
under section 13(n).

    ``(h) Definitions.--In this section:
            ``(1) Covered indian tribal organization.--The term `covered 
        Indian Tribal organization' means an Indian Tribal organization 
        that participates in the special supplemental nutrition program 
        for women, infants, and children established under section 17 of 
        the Child Nutrition Act of 1966 (42 U.S.C. 1786).
            ``(2) Eligible child.--The term `eligible child' means, with 
        respect to a summer, a child who--
                    ``(A) was, at the end of the instructional year 
                immediately preceding such summer or during the summer 
                operational period--
                          ``(i) certified to receive free or reduced 
                      price lunch under the school lunch program under 
                      this Act;
                          ``(ii) certified to receive free or reduced 
                      price breakfast under the school breakfast program 
                      under section 4 of the Child Nutrition Act of 1966 
                      (42 U.S.C. 1773); or
                          ``(iii) able to be directly certified;
                    ``(B) was, at the end of the instructional year 
                immediately preceding such summer--
                          ``(i) enrolled in a school described in 
                      subparagraph (B), (C), (D), (E), or (F) of section 
                      11(a)(1); and
                          ``(ii)(I) an identified student (as defined in 
                      section 11(a)(1)(F)(i)); or
                          ``(II) a child who otherwise met the 
                      requirements to receive free or reduced price 
                      meals, as determined through an application 
                      process using the eligibility criteria for free or 
                      reduced price meals under this Act; or
                    ``(C) has been determined to be eligible for the 
                program under this section in accordance with subsection 
                (c)(1)(B).
            ``(3) Eligible household.--The term `eligible household' 
        means a household that includes at least 1 eligible child.
            ``(4) Supplemental foods.--The term `supplemental foods'--
                    ``(A) means foods--
                          ``(i) containing nutrients determined by 
                      nutritional research to be lacking in the diets of 
                      children; and
                          ``(ii) that promote the health of the 
                      population served by the program under this 
                      section, as indicated by relevant nutrition 
                      science, public health concerns, and cultural 
                      eating patterns, as determined by the Secretary; 
                      and
                    ``(B) includes foods not described in subparagraph 
                (A) substituted by State agencies, with the approval of 
                the Secretary, that--
                          ``(i) provide the nutritional equivalent of 
                      foods described in such subparagraph; and

[[Page 136 STAT. 5994]]

                          ``(ii) allow for different cultural eating 
                      patterns than foods described in such 
                      subparagraph.''.

    (d) Amendments to P-EBT for Summer 2023.--Section 1101(i) of the 
Families First Coronavirus Response Act (7 U.S.C. 2011 note; Public Law 
116-127) is amended--
            (1) by striking ``The Secretary'' and inserting the 
        following:
            ``(1) In general.--The Secretary'';
            (2) in paragraph (1) (as so designated), by inserting 
        ``approve or'' after ``may''; and
            (3) by adding at the end the following:
            ``(2) Limitation.--A State shall not provide benefits during 
        a covered summer period pursuant to paragraph (1) to children 
        who, at the end of the school year immediately preceding the 
        covered summer period, attended a school that did not 
        participate in the school lunch program or school breakfast 
        program described in that paragraph.
            ``(3) Other assistance not required.--A State shall not be 
        required to provide assistance under subsection (a) or (h) in 
        order to provide assistance under this subsection.''.

    (e) <<NOTE: 42 USC 1762 note.>>  No Duplication of Summer 
Benefits.--A State may not provide to a household summer EBT benefits 
(as described in section 13A(a) of the Richard B. Russell National 
School Lunch Act) under that section and benefits under section 1101(i) 
of the Families First Coronavirus Response Act (7 U.S.C. 2011 note; 
Public Law 116-127) for the same period.
SEC. 503. OFFSETS.

    (a) Summer 2023.--Section 1101(i) of the Families First Coronavirus 
Response Act (7 U.S.C. 2011 note; Public Law 116-127) (as amended by 
section 502(d)) is amended by adding at the end the following:
            ``(4) Summer 2023.--Any benefits issued to households during 
        a covered summer period pursuant to paragraph (1) in summer 2023 
        shall not exceed $120 per child for the covered summer period, 
        except that benefits may be proportionately higher consistent 
        with any adjustments established under section 12(f) of the 
        Richard B. Russell National School Lunch Act (42 U.S.C. 
        1760(f)).''.

    (b) Allotments.--Section 2302 of the Families First Coronavirus 
Response Act (7 U.S.C. 2011 note; Public Law 116-127) is amended by 
adding at the end the following:
    ``(d) Sunset.--The authority under subsection (a)(1) shall expire 
after the issuance of February 2023 benefits under that subsection.''.

                         TITLE V--OTHER MATTERS

SEC. 601. <<NOTE: 7 USC 2204b-2 note.>>  SUPPORT FOR COTTON 
                        MERCHANDISERS.

    (a) Cotton Merchandiser Pandemic Assistance.--
            (1) Pandemic assistance payments to cotton merchandisers.-- 
        <<NOTE: Time period.>> The Secretary shall make pandemic 
        assistance payments, under terms and conditions as determined by 
        the Secretary, to cotton merchandisers that purchased cotton 
        from a United States cotton producer or marketed cotton on 
        behalf of a United States cotton producer during the period that 
        begins on March 1, 2020, and ends on the date of enactment of 
        this Act.

[[Page 136 STAT. 5995]]

            (2) <<NOTE: Deadline.>>  Payment determinations.--The 
        Secretary shall take into consideration economic impacts of 
        COVID-19 and other supply chain disruptions in determining 
        payment rates under this subsection, such that the amounts made 
        available under paragraph (4)(A) are fully expended no later 
        than 1 year after the date of enactment of this section.
            (3) Cotton merchandiser defined.--In this subsection, the 
        term ``cotton merchandiser'' means an entity that markets, 
        sells, or trades cotton to end users.
            (4) Funding limitations.--
                    (A) In general.--Of the funds made available under 
                subsection (b), the Secretary shall make available 
                $100,000,000 to carry out this subsection.
                    (B) Administrative expenses.--The Secretary may use 
                not more than 1 percent of the funds under subparagraph 
                (A) for administrative costs necessary to carry out this 
                subsection.

    (b) Funding.--The Secretary shall make available $100,000,000 to be 
derived from the unobligated balances of amounts made available under 
section 751 of division N of the Consolidated Appropriations Act, 2021 
(Public Law 116-260) to carry out subsection (a).
SEC. 602. ASSISTANCE FOR RICE PRODUCERS.

    (a) <<NOTE: Payments. Time period.>>  In General.--The Secretary 
shall make a 1-time payment to each producer of rice on a farm in the 
United States with respect to the 2022 crop year.

    (b) Payment Amount.--In accordance with the amount made available 
under subsection (e), the amount of a payment to a rice producer on a 
farm under subsection (a) shall be equal to the product obtained by 
multiplying--
            (1) the payment rate per pound, as determined by the 
        Secretary, but which shall be--
                    (A) the same for all varieties of rice;
                    (B) not less than 2 cents per pound; and
                    (C) notwithstanding subparagraph (B), adjusted by 
                the Secretary such that the amount made available under 
                subsection (e) is fully expended;
            (2)(A) in the case of a producer with an average actual 
        production history per planted acre of rice determined in 
        accordance with subparagraphs (A), (B), and (E) of section 
        508(g)(2) of the Federal Crop Insurance Act (7 U.S.C. 
        1508(g)(2)), that average actual production history; or
            (B) in the case of a producer without an average actual 
        production history described in subparagraph (A)--
                    (i) if an area yield for the 2022 crop year 
                determined in accordance with subparagraphs (C) and (E) 
                of that section is available, that area yield; or
                    (ii) if an area yield described in clause (i) is not 
                available, the yield determined by the Secretary; and
            (3) the sum obtained by adding, as applicable--
                    (A) the number of certified planted acres of rice on 
                the farm for the 2022 crop year, as reported to the 
                Secretary; and
                    (B) the number of certified acres of rice prevented 
                from being planted on the farm for the 2022 crop year,

[[Page 136 STAT. 5996]]

                as reported to the Secretary, multiplied by the 
                prevented planting coverage factor applicable to those 
                acres.

    (c) Limitations.--
            (1) In general.--In carrying out this section, the Secretary 
        shall impose payment limitations consistent with section 
        760.1507(b) of title 7, Code of Federal Regulations (as in 
        effect on September 30, 2021).
            (2) Separate limitations.--The payment limitations imposed 
        under paragraph (1) shall be separate from annual payment 
        limitations under any other program.

    (d) <<NOTE: Payments.>>  Deadline.--The Secretary shall make 
payments under this section not later than 120 days after the date of 
enactment of this Act.

    (e) Funding.--
            (1) Rescission.--Of the unobligated balance of the amounts 
        made available by section 751 of division N of the Consolidated 
        Appropriations Act, 2021 (Public Law 116-260; 134 Stat. 2105), 
        $250,000,000 is rescinded.
            (2) Appropriation.--There is appropriated to the Secretary, 
        out of any amounts in the Treasury not otherwise appropriated, 
        $250,000,000 to carry out this section.
SEC. 603. <<NOTE: 7 USC 8302; 16 USC 661 note, 667i and note.>>  
                        ENACTMENT OF CHRONIC WASTING DISEASE 
                        RESEARCH AND MANAGEMENT ACT.

    The provisions of H.R. 5608 of the 117th Congress, as engrossed in 
the House of Representatives on December 8, 2021, are hereby enacted 
into law.

  TITLE VI <<NOTE: Pesticide Registration Improvement Act of 2022.>> --
PESTICIDES

       Subtitle A--Pesticide Registration Improvement Act of 2022

SEC. 701. <<NOTE: 7 USC 136 note.>>  SHORT TITLE.

    This title may be cited as the ``Pesticide Registration Improvement 
Act of 2022''.
SEC. 702. BILINGUAL LABELING.

    Section 3(f) of the Federal Insecticide, Fungicide, and Rodenticide 
Act (7 U.S.C. 136a(f)) is amended by adding at the end the following:
            ``(5) Bilingual labeling.--
                    ``(A) Requirement.--
                          ``(i) In general.--Subject to clause (ii), not 
                      later than the applicable deadline described in 
                      subparagraph (B), each registered pesticide 
                      product released for shipment shall include--
                                    ``(I) the translation of the parts 
                                of the labeling contained in the Spanish 
                                Translation Guide described in 
                                subparagraph (G) on the product 
                                container; or
                                    ``(II) a link to such translation 
                                via scannable technology or other 
                                electronic methods readily accessible on 
                                the product label.
                          ``(ii) Exceptions.--Notwithstanding clause 
                      (i)--

[[Page 136 STAT. 5997]]

                                    ``(I) an antimicrobial pesticide 
                                product may, in lieu of including a 
                                translation or a link under clause (i), 
                                provide a link to the safety data sheets 
                                in Spanish via scannable technology or 
                                other electronic methods readily 
                                accessible on the product label; or
                                    ``(II) a non-agricultural pesticide 
                                product that is not classified by the 
                                Administrator as restricted use under 
                                subsection (d)(1)(A) may, in lieu of 
                                including a translation or a link under 
                                clause (i), provide a link to the safety 
                                data sheets in Spanish via scannable 
                                technology or other electronic methods 
                                readily accessible on the product label.
                    ``(B) Deadlines for bilingual labeling.--
                          ``(i) Pesticide products classified as 
                      restricted use.--In the case of pesticide products 
                      classified by the Administrator as restricted use 
                      under subsection (d)(1)(A), the deadline specified 
                      in this subparagraph is the date that is 3 years 
                      following the date of enactment of this paragraph.
                          ``(ii) Pesticide products not classified as 
                      restricted use.--In the case of pesticide products 
                      not classified by the Administrator as restricted 
                      use under subsection (d)(1)(A), the deadline 
                      specified in this subparagraph shall be as 
                      follows:
                                    ``(I) Agricultural.--
                                            ``(aa) Acute toxicity 
                                        category i.--For agricultural 
                                        pesticides classified as Acute 
                                        Toxicity Category I, the date 
                                        that is 3 years after the date 
                                        of enactment of this paragraph.
                                            ``(bb) Acute toxicity 
                                        category ii.--For agricultural 
                                        pesticides classified as Acute 
                                        Toxicity Category II, the date 
                                        that is 5 years after the date 
                                        of enactment of this paragraph.
                                    ``(II) Antimicrobial and non-
                                agricultural.--
                                            ``(aa) Acute toxicity 
                                        category i.--For antimicrobial 
                                        and non-agricultural pesticide 
                                        products classified as Acute 
                                        Toxicity Category I, the date 
                                        that is 4 years after the date 
                                        of enactment of this paragraph.
                                            ``(bb) Acute toxicity 
                                        category ii.--For antimicrobial 
                                        and non-agricultural pesticide 
                                        products classified as Acute 
                                        Toxicity Category II, the date 
                                        that is 6 years after the date 
                                        of enactment of this paragraph.
                                    ``(III) Other pesticide products.--
                                With respect to pesticide products not 
                                described in subclause (I) or (II), the 
                                date that is 8 years after the date of 
                                enactment of this paragraph.
                    ``(C) Implementation.--
                          ``(i) Non-notification.--
                                    ``(I) In general.--In carrying out 
                                this paragraph, the Administrator shall 
                                allow translations of the parts of the 
                                label of a pesticide contained in the 
                                Spanish Translation Guide described in 
                                subparagraph (G) and scannable 
                                technology or

[[Page 136 STAT. 5998]]

                                other electronic methods to be added 
                                using non-notification procedures.
                                    ``(II) Non-notification procedure 
                                defined.--In this clause, the term `non-
                                notification procedure' refers to a 
                                procedure under which a change may be 
                                made to a pesticide label without 
                                notifying the Administrator.
                          ``(ii) Cooperation and consultation.--In 
                      carrying out this paragraph, the Administrator 
                      shall cooperate and consult with State lead 
                      agencies for pesticide regulation for the purpose 
                      of implementing bilingual labeling as provided in 
                      this paragraph as expeditiously as possible.
                          ``(iii) <<NOTE: Applicability.>>  End use 
                      labeling.--The labeling requirements of this 
                      paragraph shall apply to end use product labels.
                          ``(iv) <<NOTE: Updates. Time period.>>  
                      Incorporation timeframe.--After initial 
                      translation deadlines provided in subparagraph 
                      (B), updates to the Spanish Translation Guide 
                      described in subparagraph (G) shall be 
                      incorporated into labeling on the earlier of--
                                    ``(I) in the case of agricultural 
                                use pesticide labels, as determined by 
                                the Administrator--
                                            ``(aa) 1 year after the date 
                                        of publication of the updated 
                                        Spanish Label Translation Guide 
                                        described in subparagraph (G); 
                                        or
                                            ``(bb) the released for 
                                        shipment date specified on the 
                                        EPA Stamped Approved Label after 
                                        the pesticide label is next 
                                        changed or amended following the 
                                        date of publication of the 
                                        updated Spanish Label 
                                        Translation Guide described in 
                                        subparagraph (G); and
                                    ``(II) in the case of antimicrobial 
                                and non-agricultural use pesticide 
                                labels, as determined by the 
                                Administrator--
                                            ``(aa) 2 years after the 
                                        date of publication of the 
                                        updated Spanish Label 
                                        Translation Guide described in 
                                        subparagraph (G); or
                                            ``(bb) the released for 
                                        shipment date specified on the 
                                        EPA Stamped Approved Label after 
                                        the pesticide label is next 
                                        changed or amended following the 
                                        date of publication of the 
                                        updated Spanish Label 
                                        Translation Guide described in 
                                        subparagraph (G).
                          ``(v) Notification of updates to the spanish 
                      translation guide for pesticide 
                      labeling. <<NOTE: Deadline.>> --Not later than 10 
                      days after updating the Spanish Translation Guide 
                      described in subparagraph (G), the Administrator 
                      shall notify registrants of the update to such 
                      guide.
                    ``(D) Accessibility of bilingual labeling for farm 
                workers. <<NOTE: Deadline.>> --Not later than 180 days 
                after the date of enactment of this paragraph, to the 
                maximum extent practicable, the Administrator shall seek 
                stakeholder input on ways to make bilingual labeling 
                required under this paragraph accessible to farm 
                workers.

[[Page 136 STAT. 5999]]

                    ``(E) <<NOTE: Deadline.>>  Plan.--Not later than 3 
                years after the date of enactment of this paragraph, the 
                Administrator shall implement a plan to ensure that farm 
                workers have access to the bilingual labeling required 
                under this paragraph.
                    ``(F) <<NOTE: Public information.>>  Reporting.--Not 
                later than 2 years after the date of enactment of this 
                paragraph, the Administrator shall develop and 
                implement, and make publicly available, a plan for 
                tracking the adoption of the bilingual labeling required 
                under this paragraph.
                    ``(G) Spanish translation guide described.--The 
                Spanish Translation Guide described in this subparagraph 
                is the Spanish Translation Guide for Pesticide Labeling 
                issued in October 2019, as in effect on the date of 
                enactment of the Pesticide Registration Improvement Act 
                of 2022, and any successor guides or amendments to such 
                guide.''.
SEC. 703. EXTENSION AND MODIFICATION OF MAINTENANCE FEE AUTHORITY.

    (a) Extension and Modification of Maintenance Fee Authority.--
Section 4(i) of the Federal Insecticide, Fungicide, and Rodenticide Act 
(7 U.S.C. 136a-1(i)) is amended--
            (1) in paragraph (1)--
                    (A) in subparagraph (C), by striking ``2023'' and 
                inserting ``2022, and $42,000,000 for each of fiscal 
                years 2023 through 2027'';
                    (B) in subparagraph (D)--
                          (i) in clause (i), by striking ``2023'' and 
                      inserting ``2022, and $172,000 for each of fiscal 
                      years 2023 through 2027''; and
                          (ii) in clause (ii), by striking ``2023'' and 
                      inserting ``2022, and $277,200 for each of fiscal 
                      years 2023 through 2027'';
                    (C) in subparagraph (E)(i)--
                          (i) in subclause (I), by striking ``2023'' and 
                      inserting ``2022, and $105,000 for each of fiscal 
                      years 2023 through 2027''; and
                          (ii) in subclause (II), by striking ``2023'' 
                      and inserting ``2022, and $184,800 for each of 
                      fiscal years 2023 through 2027'';
                    (D) by redesignating subparagraphs (G), (H), and (I) 
                as subparagraphs (L), (M), and (N);
                    (E) by inserting after subparagraph (F) the 
                following:
                    ``(G) Farm worker training and education grants.--
                          ``(i) <<NOTE: Time periods.>>  Set-aside.--In 
                      addition to amounts otherwise available, for 
                      fiscal years 2023 through 2027, the Administrator 
                      shall use not more than $7,500,000 of the amounts 
                      collected under this paragraph to provide grants 
                      to organizations described in clause (ii) for 
                      purposes of facilitating--
                                    ``(I) training of farm workers;
                                    ``(II) education of farm workers 
                                with respect to--
                                            ``(aa) rights of farm 
                                        workers relating to pesticide 
                                        safety; and

[[Page 136 STAT. 6000]]

                                            ``(bb) the worker protection 
                                        standard under part 170 of title 
                                        40, Code of Federal Regulations 
                                        (or successor regulations);
                                    ``(III) the development of new 
                                informational materials;
                                    ``(IV) the development of training 
                                modules; and
                                    ``(V) the development of innovative 
                                methods of delivery of such 
                                informational materials and training 
                                modules.
                          ``(ii) Eligibility.--To be eligible to receive 
                      a grant under this subparagraph, an organization 
                      shall have demonstrated experience in--
                                    ``(I) providing training and 
                                education services for farm workers or 
                                handlers of pesticides; or
                                    ``(II) developing informational 
                                materials for farm workers or handlers 
                                of pesticides.
                          ``(iii) Community-based organizations.--
                                    ``(I) Community-based non-profit 
                                farm worker organization grants.--The 
                                Administrator shall use funds available 
                                under clause (i) to provide grants to 
                                community-based non-profit farm worker 
                                organizations.
                                    ``(II) <<NOTE: Time periods.>>  
                                Application of funds.--The Administrator 
                                shall apply the unspent balance of funds 
                                available (up to $1,800,000) under 
                                clause (i) in fiscal years 2025 through 
                                2027 to carry out subclause (I).
                          ``(iv) <<NOTE: Time periods.>>  Interim 
                      funding.--In addition to amounts otherwise 
                      available, the Administrator may use not more than 
                      $1,200,000 in fiscal years 2023 and 2024 to fund 
                      existing cooperative agreements that were 
                      authorized under section 33(c)(3)(B), as such 
                      section was in effect as of March 8, 2019.
                          ``(v) Partnerships.--Organizations described 
                      in clause (ii) may apply for a grant under this 
                      subparagraph as a partnership with another 
                      organization, provided such organizations, at the 
                      time of application, have entered into an 
                      agreement designating--
                                    ``(I) a member of the partnership 
                                that will enter into the assistance 
                                agreement with the Environmental 
                                Protection Agency for the purposes of 
                                accountability for the proper 
                                expenditure of Federal funds;
                                    ``(II) performance of the assistance 
                                agreement;
                                    ``(III) liability for claims for 
                                recovery of unallowable costs incurred 
                                under the agreement; and
                                    ``(IV) specifying roles in 
                                performing the proposed scope of work 
                                for the assistance agreement.
                    ``(H) Health care provider training.--
                          ``(i) <<NOTE: Time periods.>>  Set-aside.--In 
                      addition to other amounts available, for the 
                      period of fiscal years 2023 through 2027, the 
                      Administrator shall use not more than $2,500,000 
                      of the amounts collected under this paragraph to 
                      provide grants to nonprofit organizations 
                      described in clause (ii) for purposes of 
                      facilitating--

[[Page 136 STAT. 6001]]

                                    ``(I) technical assistance and 
                                training of health care providers 
                                relating to the recognition, treatment, 
                                and management of pesticide-related 
                                injuries and illnesses;
                                    ``(II) the development of 
                                informational materials for technical 
                                assistance and training described in 
                                subclause (I); and
                                    ``(III) the development of outreach 
                                and delivery methods relating to the 
                                recognition, treatment, and management 
                                of pesticide-related illnesses.
                          ``(ii) Eligibility.--To be eligible to receive 
                      a grant under this subparagraph, a nonprofit 
                      organization shall have demonstrated experience in 
                      providing technical assistance and training to 
                      health care providers who serve farm worker 
                      populations.
                          ``(iii) Partnerships.--Organizations described 
                      in clause (ii) may apply for a grant under this 
                      subparagraph as a partnership with another 
                      organization, provided such organizations, at the 
                      time of application, have entered into an 
                      agreement designating--
                                    ``(I) a member of the partnership 
                                that will enter into the assistance 
                                agreement with the Environmental 
                                Protection Agency for the purposes of 
                                accountability for the proper 
                                expenditure of Federal funds;
                                    ``(II) performance of the assistance 
                                agreement;
                                    ``(III) liability for claims for 
                                recovery of unallowable costs incurred 
                                under the agreement; and
                                    ``(IV) roles in performing the 
                                proposed scope of work for the 
                                assistance agreement.
                    ``(I) <<NOTE: Time periods.>>  Partnership grants.--
                In addition to funds otherwise available, for each of 
                fiscal years 2023 through 2027, the Administrator shall 
                use not more than $500,000 of the amounts collected 
                under this paragraph for partnership grants.
                    ``(J) <<NOTE: Time periods.>>  Pesticide safety 
                education program.--In addition to amounts otherwise 
                available, for each of fiscal years 2023 through 2027, 
                the Administrator shall use not more than $500,000 of 
                the amounts collected under this paragraph to carry out 
                the pesticide safety education program.
                    ``(K) <<NOTE: Time periods.>>  Technical assistance 
                to grantees.--
                          ``(i) Set-aside.--In addition to other amounts 
                      available, for fiscal years 2023 through 2027, the 
                      Administrator shall use not more than $1,750,000 
                      of the amounts collected under this paragraph to 
                      provide grants to nonprofit organizations, subject 
                      to such conditions as the Administrator 
                      establishes to prevent conflicts of interest, to 
                      provide easily accessible technical assistance to 
                      grantees receiving, and potential grantees 
                      applying for, grants under subparagraphs (G) and 
                      (H).
                          ``(ii) Considerations.--In evaluating requests 
                      for grants under this subparagraph, the 
                      Administrator shall consider, at a minimum, the 
                      extent to which--
                                    ``(I) the organization applying for 
                                the grant has experience providing 
                                technical assistance to

[[Page 136 STAT. 6002]]

                                farm worker or clinician-training 
                                organizations; and
                                    ``(II) the proposed project would 
                                make specific technical assistance 
                                available to organizations seeking 
                                information and assistance concerning--
                                            ``(aa) the grant application 
                                        process;
                                            ``(bb) the drafting of grant 
                                        applications; and
                                            ``(cc) compliance with grant 
                                        management and reporting 
                                        requirements.
                          ``(iii) No suitable organization.--If no 
                      suitable organization requests a grant under this 
                      subparagraph, the Administrator shall provide 
                      technical assistance described in clause (i) using 
                      the amounts made available by that clause.
                          ``(iv) Stakeholder input.--In formulating 
                      requests for proposals for grants under 
                      subparagraphs (G) and (H) for a fiscal year, the 
                      Administrator shall solicit and consider, in an 
                      open and transparent manner that does not provide 
                      a competitive advantage to any person or persons, 
                      input from persons who conduct farm worker 
                      education and training, or technical assistance 
                      and training of clinicians, regarding the request 
                      for proposals.''; and
                    (F) in subparagraph (N) (as so redesignated), by 
                striking ``2023'' and inserting ``2027''; and
            (2) in paragraph (2)--
                    (A) by striking ``section 33(b)(3)'' and inserting 
                ``section 33(b)(3)(B)''; and
                    (B) by striking ``the Pesticide Registration 
                Improvement Extension Act of 2018 and ending on 
                September 30, 2025'' and inserting ``the Pesticide 
                Registration Improvement Act of 2022 and ending on 
                September 30, 2029''.

    (b) Extension of Prohibition on Tolerance Fees.--Section 408(m)(3) 
of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 346a(m)(3)) is 
amended by striking ``the Pesticide Registration Improvement Renewal Act 
and ending on September 30, 2023'' and inserting ``the Pesticide 
Registration Improvement Act of 2022 and ending on September 30, 2027''.
SEC. 704. REREGISTRATION AND EXPEDITED PROCESSING FUND.

    Section 4(k) of the Federal Insecticide, Fungicide, and Rodenticide 
Act (7 U.S.C. 136a-1(k)) is amended--
            (1) in paragraph (2)(A), in the first sentence, by inserting 
        ``including, to the maximum extent practicable, during periods 
        in which Environmental Protection Agency employees are on 
        shutdown or emergency furlough as a result of a lapse in 
        appropriations,'' after ``limitation,'';
            (2) by striking paragraphs (3) and (4) and inserting the 
        following:
            ``(3) Review of registrant submissions not covered by 
        section 33(b)(3)(b).--
                    ``(A) Definition of submission not covered by 
                section 33(b)(3)(b).--In this paragraph, the term 
                `submission not covered by section 33(b)(3)(B)' means 
                any submission filed by a registrant with the 
                Administrator relating to

[[Page 136 STAT. 6003]]

                a registration that is not covered by a fee table under 
                section 33(b)(3)(B).
                    ``(B) Set-aside.--
                          ``(i) <<NOTE: Time periods.>>  In general.--In 
                      addition to amounts otherwise available for each 
                      of fiscal years 2023 through 2027, the 
                      Administrator shall use approximately \1/8\ of the 
                      amounts made available to the Administrator in the 
                      Reregistration and Expedited Processing Fund for 
                      the activities described in clause (ii).
                          ``(ii) Activities.--In addition to amounts 
                      otherwise available, the Administrator shall use 
                      amounts made available under clause (i) to obtain 
                      sufficient personnel and resources to process 
                      submissions not covered by section 33(b)(3)(B) to 
                      meet the applicable deadlines described in--
                                    ``(I) the notice of the 
                                Administrator entitled `Pesticide 
                                Registration Notice (PR) 98-10: 
                                Notifications, Non-Notifications and 
                                Minor Formulation Amendments' and dated 
                                October 22, 1998 (and any successor 
                                amendments to such notice); and
                                    ``(II) subsections (c)(3)(B) and (h) 
                                of section 3.
            ``(4) Development of public health performance standards for 
        antimicrobial pesticide devices.--
                    ``(A) <<NOTE: Time periods.>>  Set-aside.--In 
                addition to amounts otherwise available, for each of 
                fiscal years 2023 through 2027, the Administrator shall 
                use not more than $500,000 of the amounts made available 
                to the Administrator in the Reregistration and Expedited 
                Processing Fund for the activities described in 
                subparagraph (B).
                    ``(B) Antimicrobial pesticide devices.--The 
                Administrator shall use amounts made available under 
                subparagraph (A) to develop efficacy test methods for 
                antimicrobial pesticide devices making public health 
                claims.'';
            (3) in paragraph (5)(A), by striking ``2018 through 2023'' 
        and inserting ``2023 through 2027'';
            (4) by redesignating paragraphs (6) and (7) as paragraphs 
        (9) and (10), respectively;
            (5) by inserting after paragraph (5) the following:
            ``(6) Agency training and staff.--
                    ``(A) <<NOTE: Time periods.>>  Set-aside.--In 
                addition to amounts otherwise available, for each of 
                fiscal years 2023 through 2027, the Administrator shall 
                use not more than $500,000 of the amounts made available 
                to the Administrator in the Reregistration and Expedited 
                Processing Fund for the activities described in 
                subparagraph (B).
                    ``(B) Activities.--The Administrator shall use 
                amounts made available under subparagraph (A) to carry 
                out the following activities:
                          ``(i) Training for agency employees.--The 
                      Administrator shall administer training and 
                      education programs for employees of the 
                      Environmental Protection Agency, relating to the 
                      regulatory responsibilities and policies 
                      established by this Act, including programs--

[[Page 136 STAT. 6004]]

                                    ``(I) for improving the scientific, 
                                technical, and administrative skills of 
                                officers and employees authorized to 
                                administer programs under this Act;
                                    ``(II) to align competencies 
                                identified by the Administrator for 
                                mission accomplishment;
                                    ``(III) for addressing best 
                                practices for operational performance 
                                and improvement;
                                    ``(IV) for improving administrative 
                                processes and procedures and addressing 
                                efficiency issues;
                                    ``(V) to promote consistent 
                                regulatory decision-making; and
                                    ``(VI) for educating registrants and 
                                regulated stakeholders on regulatory 
                                procedures.
                          ``(ii) <<NOTE: Contracts.>>  Agreements with 
                      institutions of higher 
                      education. <<NOTE: Deadline.>> --Not later than 1 
                      year, to the maximum extent practicable, after the 
                      date of enactment of the Pesticide Registration 
                      Improvement Act of 2022, the Administrator shall 
                      establish a competitive grant program to develop 
                      training curricula and programs in accordance with 
                      clause (i) through financial assistance agreements 
                      with 1 or more of the following institutions of 
                      higher education:
                                    ``(I) Non-land-grant colleges of 
                                agriculture (as defined in section 1404 
                                of the National Agricultural Research, 
                                Extension, and Teaching Policy Act of 
                                1977 (7 U.S.C. 3103)).
                                    ``(II) Land-grant colleges and 
                                universities (as defined in section 1404 
                                of the National Agricultural Research, 
                                Extension, and Teaching Policy Act of 
                                1977 (7 U.S.C. 3103)).
                                    ``(III) 1994 Institutions (as 
                                defined in section 532 of the Equity in 
                                Educational Land-Grant Status Act of 
                                1994 (7 U.S.C. 301 note; Public Law 103-
                                382)).
            ``(7) Vector expedited review vouchers.--
                    ``(A) <<NOTE: Time periods.>>  Set-aside.--In 
                addition to amounts otherwise available, for each of 
                fiscal years 2023 through 2027, the Administrator shall 
                use not more than $500,000 of the amounts made available 
                to the Administrator in the Reregistration and Expedited 
                Processing Fund to establish and carry out the Vector 
                Expedited Review Voucher program in accordance with 
                subparagraph (B).
                    ``(B) Vector expedited review voucher program.--
                          ``(i) Definitions.--In this subparagraph:
                                    ``(I) Program.--The term `program' 
                                means the Vector Expedited Review 
                                Voucher program established under clause 
                                (ii).
                                    ``(II) Voucher.--The term `voucher'  
                                means a voucher--
                                            ``(aa) issued under the 
                                        program by the Administrator to 
                                        a pesticide registration 
                                        applicant that entitles the 
                                        holder to an expedited review 
                                        described under clause (vi) of a 
                                        single different pesticide 
                                        registration action; and
                                            ``(bb) the entitlement to 
                                        which may be transferred 
                                        (including by sale) by the 
                                        holder

[[Page 136 STAT. 6005]]

                                        of the voucher, without 
                                        limitation on the number of 
                                        times the voucher may be 
                                        transferred, before the voucher 
                                        is redeemed.
                          ``(ii) <<NOTE: Deadline.>>  Establishment.--
                      Not later than one year after the date of 
                      enactment of the Pesticide Registration 
                      Improvement Act of 2022, the Administrator, acting 
                      though the Office of Pesticide Programs, shall 
                      establish a program to be known as the Vector 
                      Expedited Review Voucher program.
                          ``(iii) Purpose.--The purpose of the program 
                      is to incentivize the development of new 
                      insecticides to control and prevent the spread of 
                      vector borne disease by expediting reviews by 
                      decreasing decision review times provided in 
                      section 33(b)(3)(B).
                          ``(iv) Issuance of vouchers.--
                                    ``(I) <<NOTE: Time periods.>>  In 
                                general.--For each of fiscal years 2023 
                                through 2027, the Administrator shall 
                                issue a voucher to a pesticide 
                                registration applicant for a new active 
                                ingredient if the applicant submits and 
                                has successfully registered a mosquito-
                                control product that--
                                            ``(aa) demonstrates a proven 
                                        efficacy against pyrethroid or 
                                        other insecticide-resistant 
                                        mosquitoes;
                                            ``(bb) prevents, mitigates, 
                                        destroys, or repels pyrethroid 
                                        or other insecticide-resistant 
                                        mosquitoes, with a novel or 
                                        unique mechanism or mode of 
                                        action, different from other 
                                        insecticides already registered 
                                        by the Administrator for 
                                        mosquito control;
                                            ``(cc) targets mosquitoes 
                                        capable of spreading such 
                                        diseases as Malaria, Dengue, 
                                        Zika, Chikungunya, St. Louis 
                                        encephalitis, Eastern 
                                        encephalitis, Western 
                                        encephalitis, West Nile 
                                        encephalitis, Cache Valley 
                                        encephalitis, LaCrosse 
                                        encephalitis, and Yellow Fever;
                                            ``(dd) the registrant has 
                                        submitted a global access plan 
                                        that will be made publicly 
                                        available for the active 
                                        ingredient and that includes--
                                                ``(AA) manufacturing 
                                            locations, including any 
                                            licensed third-party 
                                            manufacturers;
                                                ``(BB) distribution and 
                                            procurement processes for 
                                            malaria vector control 
                                            programs in selected 
                                            countries; and
                                                ``(CC) the prices for 
                                            common quantities of the 
                                            product;
                                            ``(ee) meets the appropriate 
                                        guidelines as being effective in 
                                        the primary vector control 
                                        intervention areas, including 
                                        insecticide-treated nets and 
                                        indoor residual spray;
                                            ``(ff) is made accessible 
                                        for use in--
                                                ``(AA) the United 
                                            States, including 
                                            territories or possessions 
                                            of the United States; and

[[Page 136 STAT. 6006]]

                                                ``(BB) countries where 
                                            mosquito-borne diseases, 
                                            such as malaria, are 
                                            prevalent;
                                            ``(gg) meets registration 
                                        requirements for human health 
                                        and environmental effects, 
                                        labeling, and presents no 
                                        unreasonable adverse effects to 
                                        the environment;
                                            ``(hh) broadens the adoption 
                                        of integrated pest management 
                                        strategies, such as insecticide 
                                        resistance management, or makes 
                                        those strategies more effective;
                                            ``(ii) is not contained in 
                                        any pesticide product registered 
                                        by the Administrator as of the 
                                        date of the enactment of the 
                                        Pesticide Registration 
                                        Improvement Act of 2022; or
                                            ``(jj) <<NOTE: Time 
                                        period.>>  does not contain as 
                                        attested to by the registrant, 
                                        an active ingredient approved in 
                                        the 2-year period preceding the 
                                        date of registration by any 
                                        global stringent regulatory 
                                        authority for the same uses, 
                                        vectors, and applications.
                                    ``(II) <<NOTE: Time periods.>>  
                                Mosquito vector priority.--For each of 
                                fiscal years 2023 through 2027, the 
                                focus of the program shall be to 
                                incentivize the development of 
                                insecticides to control and prevent the 
                                spread of mosquitoes bearing diseases 
                                described in subclause (I)(cc).
                                    ``(III) <<NOTE: Determination.>>  
                                Exception.--If the Administrator 
                                determines that there is a significant 
                                public health benefit, an active 
                                ingredient that is registered for 
                                agricultural use that is repurposed and 
                                submitted for control of mosquitoes and 
                                that otherwise meets the requirements of 
                                subclause (I) (excluding items (bb) and 
                                (jj)) as determined necessary by the 
                                Administrator, shall be considered a 
                                mosquito control product meeting the 
                                criteria specified in such subclause.
                                    ``(IV) Eligibility criteria 
                                modifications.--
                                            ``(aa) <<NOTE: Effective 
                                        date.>>  In general.--Beginning 
                                        in fiscal year 2028, the 
                                        Administrator shall review the 
                                        program and recommend--
                                                ``(AA) modifications to 
                                            the requirements described 
                                            in subclause (I); and
                                                ``(BB) additional 
                                            vectors to be included in 
                                            the program, prioritizing 
                                            vectors that pose the most 
                                            significant population 
                                            health risks.
                                            ``(bb) Public involvement.--
                                        In carrying out item (aa), the 
                                        Administrator shall solicit the 
                                        involvement of registrants, 
                                        nongovernmental organizations, 
                                        and governmental agencies 
                                        engaged in vector-borne disease 
                                        mitigation and treatment.
                          ``(v) Redemption of vouchers.--To redeem a 
                      voucher, the holder shall--
                                    ``(I) notify the Administrator of 
                                the intent of the holder to submit a 
                                pesticide application with

[[Page 136 STAT. 6007]]

                                a voucher for expedited review not less 
                                than 90 days before the submission of 
                                the application; and
                                    ``(II) pay the applicable 
                                registration service fee under section 
                                33(b).
                          ``(vi) <<NOTE: Time periods.>>  Expedited 
                      review.--On redemption of a voucher, in 
                      furtherance of the purpose described in clause 
                      (iii), the Administrator shall expedite decision 
                      review times as follows:
                                    ``(I) 6 months less than the 
                                decision review time for Category R010, 
                                New Active Ingredient, Food use.
                                    ``(II) 6 months less than the 
                                decision review time for Category R020, 
                                New Active Ingredient, Food use; reduced 
                                risk.
                                    ``(III) 6 months less than the 
                                decision review time for Category R060, 
                                New Active Ingredient, Non-food use; 
                                outdoor.
                                    ``(IV) 6 months less than the 
                                decision review time for Category R110, 
                                New Active Ingredient, Non-food use; 
                                indoor.
                                    ``(V) 4 months less than the 
                                decision review time for Category R070, 
                                New Active Ingredient, Non-food use; 
                                outdoor; reduced risk.
                                    ``(VI) 2 months less than the 
                                decision review time for Category R120, 
                                New Active Ingredient, Non-food use; 
                                indoor; reduced risk.
                          ``(vii) Reports.--Not later than September 30, 
                      2025, and not later than September 30 of each year 
                      thereafter, the Administrator shall issue a report 
                      on the program, including--
                                    ``(I) the number of submissions 
                                seeking a voucher;
                                    ``(II) the total time in review for 
                                each such submission;
                                    ``(III) the number of such vouchers 
                                awarded;
                                    ``(IV) the number of such vouchers 
                                redeemed; and
                                    ``(V) with respect to each such 
                                redeemed voucher--
                                            ``(aa) the decision review 
                                        time for the pesticide 
                                        application for which the 
                                        voucher was redeemed; and
                                            ``(bb) the average standard 
                                        decision review time for the 
                                        applicable pesticide category.
                    ``(C) Unused amounts.--Any unused amounts made 
                available under this paragraph at the end of each fiscal 
                year shall be made available to the Administrator to 
                carry out other activities for which amounts in the 
                Reregistration and Expedited Processing Fund are 
                authorized to be used.
            ``(8) <<NOTE: Time periods.>>  Pesticide surveillance 
        program.--In addition to amounts otherwise available, for each 
        of fiscal years 2023 through 2027, the Administrator shall use 
        not more than $500,000 of the amounts made available to the 
        Administrator in the Reregistration and Expedited Processing 
        Fund to support the interagency agreement with the National 
        Institute for Occupational Safety and Health to support the 
        Sentinel Event Notification System for Occupational Risk 
        pesticides program--

[[Page 136 STAT. 6008]]

                    ``(A) with a goal of increasing the number of 
                participating States, prioritizing expansion in States 
                with the highest numbers of agricultural workers; and
                    ``(B) to improve reporting by participating 
                States.''; and
            (6) in paragraph (10) (as so redesignated), in the first 
        sentence, by striking ``(2), (3), (4), and (5)'' and inserting 
        ``(2) through (8)''.
SEC. 705. PESTICIDE REGISTRATION SERVICE FEES.

    (a) Extension and Modification of Fee Authority.--
            (1) In general.--Section 33(b) of the Federal Insecticide, 
        Fungicide, and Rodenticide Act (7 U.S.C. 136w-8(b)) is amended--
                    (A) in paragraph (2)(E)(iii), by striking ``after 
                review'' and inserting ``on completion of, where 
                appropriate, the initial screening of the contents of 
                the application or the preliminary technical 
                screening'';
                    (B) by striking ``paragraph (3)'' each place it 
                appears and inserting ``paragraph (3)(B)'';
                    (C) in paragraph (3), by striking ``Subject to 
                paragraph (6),'' and inserting the following:
                    ``(A) Data evaluation records.--At the decision 
                review time under a fee table specified in subparagraph 
                (B) or as agreed upon under subsection (f)(5), for each 
                covered application under a fee table specified in such 
                subparagraph (B), the Administrator shall--
                          ``(i) complete data evaluation records for 
                      studies submitted by the applicant in support of 
                      the application; and
                          ``(ii) release those data evaluation records 
                      to the applicant, using appropriate protections 
                      for confidential business information.
                    ``(B) Schedule, actions, and fees.--Subject to 
                paragraph (6),'';
                    (D) in paragraph (6)--
                          (i) <<NOTE: Time period.>>  by amending 
                      subparagraph (A) to read as follows: ``Subject to 
                      the following sentence, effective for a covered 
                      application received during the period beginning 
                      on October 1, 2024, and ending on September 30, 
                      2026, the Administrator may increase by 5 percent 
                      the registration service fee payable for the 
                      application under paragraph (3). No adjustment may 
                      be made under the preceding sentence until the 
                      date on which the Administrator begins to 
                      implement clauses (i) and (ii) of subsection 
                      (k)(2)(A).''; and
                          (ii) <<NOTE: Effective dates.>>  by amending 
                      subparagraph (B) to read as follows: ``Subject to 
                      the following sentence, effective for a covered 
                      application received on or after October 1, 2026, 
                      the Administrator may increase by an additional 5 
                      percent the registration service fee in effect as 
                      of September 30, 2026. No adjustment may be made 
                      under the preceding sentence until the date on 
                      which the Administrator begins to implement any 
                      recommendations for process improvements contained 
                      in the report under subsection (c)(4), as 
                      appropriate.''; and

[[Page 136 STAT. 6009]]

                    (E) in paragraph (7)(A), by striking ``(commonly 
                referred to as a Gold Seal letter)'' and inserting 
                ``(including a Gold Seal letter and a Certificate of 
                Establishment)''.
            (2) Conforming amendment.--Section 33 of the Federal 
        Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136w-8) is 
        amended by striking ``subsection (b)(3)'' each place it appears 
        and inserting ``subsection (b)(3)(B)''.

    (b) Pesticide Registration Fund.--Section 33(c) of the Federal 
Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136w-8(c)) is 
amended--
            (1) in paragraph (3), by striking subparagraph (B) and 
        inserting the following:
                    ``(B) Endangered species review of outdoor use of 
                pesticide products.--
                          ``(i) In general.--The Administrator shall use 
                      the amounts made available in the Fund to develop, 
                      receive comments with respect to, and finalize, 
                      guidance to registrants regarding analysis 
                      necessary to support the review of outdoor uses of 
                      pesticide products under the Endangered Species 
                      Act of 1973 (16 U.S.C. 1531 et seq.).
                          ``(ii) Deadlines for guidance.--The 
                      Administrator shall issue final guidance required 
                      by clause (i) in accordance with the following:
                                    ``(I) With respect to new active 
                                ingredients or any registration review 
                                decision proposed for 1 or more outdoor 
                                uses, not later than 9 months after the 
                                date of enactment of the Pesticide 
                                Registration Improvement Act of 2022.
                                    ``(II) With respect to new outdoor 
                                uses of a registered pesticide, not 
                                later than 1 year after the date of 
                                enactment of the Pesticide Registration 
                                Improvement Act of 2022.
                                    ``(III) With respect to 
                                antimicrobial pesticide products, not 
                                later than 3 years after the date of 
                                enactment of the Pesticide Registration 
                                Improvement Act of 2022.
                    ``(C) Independent third party assessments.--
                          ``(i) In general.--The Administrator shall use 
                      the amounts made available in the Fund to carry 
                      out the activities described in clauses (ii) and 
                      (iii).
                          ``(ii) Workforce assessment.--
                                    ``(I) <<NOTE: Contracts.>>  In 
                                general.--The Administrator shall 
                                procure a competitive contract with a 
                                qualified, independent contractor with 
                                expertise in assessing public sector 
                                workforce data analysis and reporting to 
                                conduct an assessment of current 
                                methodologies and data or metrics 
                                available to represent the workforce 
                                implementing the Pesticide Registration 
                                Improvement Act of 2022 and the 
                                amendments made by that Act, including 
                                an assessment of filled and vacant 
                                positions and full-time equivalent 
                                employees relating to that 
                                implementation.
                                    ``(II) Report.--Not later than 2 
                                years after the date of enactment of the 
                                Pesticide Registration Improvement Act 
                                of 2022--

[[Page 136 STAT. 6010]]

                                            ``(aa) the contractor 
                                        selected under subclause (I) 
                                        shall submit to the 
                                        Administrator a report 
                                        describing--
                                                ``(AA) the findings from 
                                            the assessment under that 
                                            subclause; and
                                                ``(BB) recommendations 
                                            for improved methodologies 
                                            to represent full-time 
                                            equivalent resources 
                                            described in that subclause; 
                                            and
                                            ``(bb) <<NOTE: Web 
                                        posting.>>  the Administrator 
                                        shall publish the report 
                                        submitted under item (aa) on the 
                                        website of the Environmental 
                                        Protection Agency.
                          ``(iii) Process assessment.--
                                    ``(I) In general.--
                                            ``(aa) <<NOTE: Deadline.>>  
                                        Contracts.--Within 1 year of the 
                                        date of enactment of the 
                                        Pesticide Registration 
                                        Improvement Act of 2022, to the 
                                        extent practicable, the 
                                        Administrator shall issue a 
                                        competitive contract to a 
                                        private, independent consulting 
                                        firm--
                                                ``(AA) to conduct the 
                                            assessment described in 
                                            subclause (II); and
                                                ``(BB) to submit to the 
                                            Administrator a report 
                                            describing the findings of 
                                            the assessment and the 
                                            processes and performance of 
                                            the Environmental Protection 
                                            Agency relating to the 
                                            implementation of the 
                                            Pesticide Registration 
                                            Improvement Act of 2022 and 
                                            the amendments made by that 
                                            Act.
                                            ``(bb) Eligibility.--The 
                                        firm described in item (aa) 
                                        shall be capable of performing 
                                        the technical analysis, 
                                        management assessment, and 
                                        program evaluation tasks 
                                        required to address the scope of 
                                        the assessment under subclause 
                                        (II).
                                    ``(II) Assessment.--
                                            ``(aa) In general.--The 
                                        Administrator, applicants, and 
                                        registrants shall participate in 
                                        a targeted assessment of the 
                                        process for the review of 
                                        applications submitted under 
                                        this Act.
                                            ``(bb) Consultation.--The 
                                        firm selected under subclause 
                                        (I) shall consult with the 
                                        Administrator and applicants at 
                                        the start of the assessment 
                                        under item (aa) and prior to 
                                        submission of the report under 
                                        subclause (I)(aa)(BB).
                                            
                                        ``(cc) <<NOTE: Evaluation. Recomm
                                        enda- tions.>>  Requirements.--
                                        The assessment under item (aa) 
                                        shall evaluate and make 
                                        recommendations regarding--
                                                ``(AA) the initial 
                                            content screen;
                                                ``(BB) the preliminary 
                                            technical screen;
                                                ``(CC) performance, 
                                            processes, and progress 
                                            toward reducing 
                                            renegotiation

[[Page 136 STAT. 6011]]

                                            rates and the average length 
                                            of renegotiations;
                                                ``(DD) performance, 
                                            processes, and progress 
                                            toward eliminating the 
                                            backlog of registrant 
                                            submissions not covered by 
                                            subsection (b)(3);
                                                ``(EE) performance, 
                                            processes, and progress 
                                            toward ensuring that all 
                                            registrant submissions not 
                                            covered by subsection (b)(3) 
                                            are completed by the 
                                            applicable deadlines 
                                            described in the notice of 
                                            the Administrator entitled 
                                            `Pesticide Registration 
                                            Notice (PR) 98-10: 
                                            Notifications, Non-
                                            Notifications and Minor 
                                            Formulation Amendments' and 
                                            dated October 22, 1998 (and 
                                            any successor amendments to 
                                            that notice) and described 
                                            in subsections (c)(3)(B) and 
                                            (h) of section 3;
                                                ``(FF) compliance with 
                                            the provisions of this Act 
                                            relating to renegotiations 
                                            and registrant submissions 
                                            not covered by subsection 
                                            (b)(3);
                                                ``(GG) information 
                                            technology systems;
                                                ``(HH) recommended 
                                            improvements to employee 
                                            training;
                                                ``(II) performance, 
                                            progress, and processes in 
                                            completing registration 
                                            review; and
                                                ``(JJ) other appropriate 
                                            issues, such as submissions 
                                            by inert suppliers and fast-
                                            track amendments under 
                                            subsections (c)(3)(B) and 
                                            (h) of section 3.
                                    ``(III) <<NOTE: Assessment.>>  
                                Report to congress.--Not later than 1 
                                year after the receipt of an assessment 
                                required under this section, the 
                                Administrator shall submit to the 
                                Committee on Agriculture, Nutrition, and 
                                Forestry of the Senate and the Committee 
                                on Agriculture of the House of 
                                Representatives--
                                            ``(aa) <<NOTE: Records.>>  a 
                                        copy of each such assessment; 
                                        and
                                            ``(bb) <<NOTE: Recommenda- 
                                        tions.>>  the Administrator's 
                                        evaluation of the findings and 
                                        recommendations contained in 
                                        each such assessment.
                                    ``(IV) Recommendations.--The 
                                Administrator shall include with the 
                                report submitted under subclause (III) a 
                                classification of each recommendation 
                                described in the report as--
                                            ``(aa) can be implemented 
                                        through administrative action of 
                                        the Administrator; or
                                            ``(bb) requires a statutory 
                                        change.''; and
            (2) in paragraph (4)--
                    (A) in subparagraph (A), by striking ``and'' at the 
                end;
                    (B) by redesignating subparagraph (B) as 
                subparagraph (C); and
                    (C) by inserting after subparagraph (A) the 
                following:

[[Page 136 STAT. 6012]]

                    ``(B) shall be available during periods in which 
                Environmental Protection Agency employees are on 
                shutdown or emergency furlough as a result of a lapse in 
                appropriations; and''.

    (c) Assessment of Fees.--Section 33(d)(2) of the Federal 
Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136w-8(d)(2)) is 
amended--
            (1) by striking ``(as in existence in fiscal year 2012)''; 
        and
            (2) by striking ``the amount of appropriations for covered 
        functions for fiscal year 2012 (excluding the amount of any fees 
        appropriated for the fiscal year).'' and inserting 
        ``$166,000,000.''.

    (d) Reforms to Reduce Decision Time Review Periods and Prevent 
Double Payment of Registration Fees.--Section 33(e) of the Federal 
Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136w-8(e)) is 
amended--
            (1) by striking the subsection designation and heading and 
        all that follows through ``To the maximum'' and inserting the 
        following:

    ``(e) Reforms to Reduce Decision Time Review Periods and Prevent 
Double Payment of Registration Fees.--
            ``(1) Reduction of decision time review periods.--To the 
        maximum''; and
            (2) by adding at the end the following:
            ``(2) Prevention of double payment of registration service 
        fees.-- <<NOTE: Process. Determination.>> The Administrator 
        shall develop and implement a process to determine the 
        appropriate fee category or categories for an application that 
        qualifies for more than one fee category in order to assist 
        applicants and prevent unnecessary payment of fees for multiple 
        categories for a single application.''.

    (e) Decision Time Review Periods.--Section 33(f) of the Federal 
Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136w-8(f)) is 
amended--
            (1) in paragraph (1), by striking ``Pesticide Registration 
        Improvement Extension Act of 2018'' and inserting ``Pesticide 
        Registration Improvement Act of 2022'';
            (2) in paragraph (4)--
                    (A) in subparagraph (B)--
                          (i) in clause (i), by adding at the end the 
                      following:
                                    ``(III) Final fee category.--The fee 
                                category of a covered application or 
                                other actions may not be changed, 
                                without providing the information to the 
                                applicant, after completion of the 
                                preliminary technical screening 
                                described in clause (iv).'';
                          (ii) in clause (iii), in the matter preceding 
                      subclause (I), by inserting ``automate the 
                      process, to the maximum extent practicable, and'' 
                      before ``determine''; and
                          (iii) in clause (iv)--
                                    (I) in the matter preceding 
                                subclause (I), by striking ``shall 
                                determine if--'' and inserting ``shall--
                                '';
                                    (II) in subclause (I)--
                                            (aa) by inserting 
                                        ``determine if'' before ``the 
                                        application and''; and
                                            (bb) by striking ``and'' at 
                                        the end;
                                    (III) in subclause (II)--

[[Page 136 STAT. 6013]]

                                            (aa) by inserting 
                                        ``determine if'' before ``the 
                                        application, data,''; and
                                            (bb) by striking the period 
                                        at the end and inserting a 
                                        semicolon; and
                                    (IV) by adding at the end the 
                                following:
                                    ``(III) <<NOTE: Determination.>>  
                                determine, if applicable, whether an 
                                application qualifies for a reduced risk 
                                determination under subsection (c)(10) 
                                or (h) of section 3;
                                    ``(IV) <<NOTE: Waivers.>>  grant or 
                                deny any data waiver requests submitted 
                                by the applicant with the application;
                                    ``(V) <<NOTE: Verification.>>  
                                verify and validate the accuracy of the 
                                fee category selected by the applicant; 
                                and
                                    ``(VI) <<NOTE: Notification.>>  
                                notify the applicant, in writing, if a 
                                new or different fee category is 
                                required and calculate the new decision 
                                review time based on the original 
                                submission date.''; and
                    (B) by striking subparagraph (E) and inserting the 
                following:
                    ``(E) Applications for reduced risk.--
                          ``(i) Fee.--If an application for a reduced 
                      risk new active ingredient or a reduced risk new 
                      use is determined not to qualify as reduced risk, 
                      the applicant shall pay the difference in fee for 
                      the corresponding non-reduced risk application.
                          ``(ii) Decision review time period.--After 
                      receipt by the Administrator of the original 
                      covered reduced risk application and fee, the 
                      decision time review period for the corresponding 
                      non-reduced risk application shall begin within 
                      the time periods described in subparagraph (A), 
                      based on the submission date of the original 
                      covered reduced risk application.''; and
            (3) by striking paragraph (5) and inserting the following:
            ``(5) Extension of decision time review period.--
                    ``(A) Notification.--If the Administrator cannot 
                meet a decision time review period under this 
                subsection, the Administrator shall notify the 
                applicant, in writing, of--
                          ``(i) the reasons why additional time is 
                      needed; and
                          ``(ii) the number of days needed that would 
                      allow the Administrator to make a regulatory 
                      decision.
                    ``(B) Extension by negotiation or mutual 
                agreement.--The Administrator, acting solely through the 
                Director of the Office of Pesticide Programs, and the 
                applicant may mutually agree, in writing, to extend a 
                decision time review period under this subsection if--
                          ``(i) <<NOTE: Data.>>  there is new or 
                      additional data or information from the applicant 
                      that is necessary for the Administrator to make a 
                      decision on the application that cannot be made 
                      available within the original decision time review 
                      period; or
                          ``(ii) a public comment period associated with 
                      the application generates significant comments 
                      that cannot be addressed within the original 
                      decision time review period.
                    ``(C) Priority.--Once a decision time review period 
                for a covered action described in subsection (b)(3)(B) 
                is

[[Page 136 STAT. 6014]]

                missed or extended, the Administrator shall make any 
                action on the application a priority.''.

    (f) Reports and Information Technology.--Section 33 of the Federal 
Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136w-8) is amended 
by striking subsection (k) and inserting the following:
    ``(k) Reports and Information Technology.--
            ``(1) Reports.--
                    ``(A) <<NOTE: Time periods.>>  In general.--Not 
                later than 120 days after the last day of each of fiscal 
                years 2023 through 2027, the Administrator shall publish 
                an annual report describing--
                          ``(i) actions taken under this section;
                          ``(ii) registrant submissions not covered by 
                      subsection (b)(3)(B);
                          ``(iii) the initial content and preliminary 
                      technical screenings required in subsection 
                      (f)(4)(B); and
                          ``(iv) staffing relating to implementing the 
                      Pesticide Registration Improvement Act of 2022 and 
                      the amendments made by that Act.
                    ``(B) <<NOTE: Summary.>>  Contents.--Each report 
                published under subparagraph (A) shall include a summary 
                of the following information:
                          ``(i) <<NOTE: Data.>>  Actions under this 
                      section.--To the extent practicable, data for each 
                      action taken under this section that is completed 
                      during the fiscal year covered by the report or 
                      pending at the conclusion of that fiscal year, 
                      organized by registering division, including--
                                    ``(I) the Action Code;
                                    ``(II) the application receipt date;
                                    ``(III) the electronic portal 
                                tracking number assigned to the 
                                application at the time of submission to 
                                the electronic submission portal or the 
                                Environmental Protection Agency tracking 
                                number;
                                    ``(IV) the original decision due 
                                date based on the Action Code;
                                    ``(V) the dates of any 
                                renegotiations and the renegotiated due 
                                dates, if applicable;
                                    ``(VI) the reasons for each 
                                renegotiation, if applicable;
                                    ``(VII) if the submission had to be 
                                recoded, reassigned codes, if 
                                applicable;
                                    ``(VIII) the date that the 
                                submission was recoded, if applicable;
                                    ``(IX) the decision completion date, 
                                if the action has been completed;
                                    ``(X) the status of the action, 
                                which may be--
                                            ``(aa) failed initial 
                                        content screen;
                                            ``(bb) failed preliminary 
                                        technical screen;
                                            ``(cc) approved;
                                            ``(dd) withdrawn;
                                            ``(ee) denied;
                                            ``(ff) do not grant; or
                                            ``(gg) pending;
                                    ``(XI) the reason for any denial or 
                                do not grant decision, if applicable;

[[Page 136 STAT. 6015]]

                                    ``(XII) <<NOTE: Review.>>  a review 
                                of the progress made in carrying out 
                                each requirement of subsections (e) and 
                                (f), including, to the extent determined 
                                appropriate by the Administrator and 
                                consistent with the authorities of the 
                                Administrator and limitations on 
                                delegation of functions by the 
                                Administrator, recommendations for the 
                                allowance and use of summaries of acute 
                                toxicity studies;
                                    ``(XIII) <<NOTE: Review.>>  a review 
                                of the progress in carrying out section 
                                3(g), including--
                                            ``(aa) the number of 
                                        pesticides or pesticide cases 
                                        reviewed and the number of 
                                        registration review decisions 
                                        completed, including--
                                                ``(AA) the number of 
                                            cases cancelled;
                                                ``(BB) the number of 
                                            cases requiring risk 
                                            mitigation measures;
                                                ``(CC) the number of 
                                            cases removing risk 
                                            mitigation measures;
                                                ``(DD) the number of 
                                            cases with no risk 
                                            mitigation needed; and
                                                ``(EE) the number of 
                                            cases in which risk 
                                            mitigation has been fully 
                                            implemented;
                                    ``(XIV) <<NOTE: Review.>>  a review 
                                of the progress made toward implementing 
                                enhancements to--
                                            ``(aa) the electronic 
                                        tracking of conditional 
                                        registrations; and
                                            ``(bb) the endangered 
                                        species database;
                                    ``(XV) <<NOTE: Review.>>  a review 
                                of the progress made in updating the 
                                Pesticide Incident Data System, 
                                including progress toward making the 
                                information contained in the System 
                                available to the public (as the 
                                Administrator determines is 
                                appropriate);
                                    ``(XVI) <<NOTE: Assessment.>>  an 
                                assessment of the public availability of 
                                summary pesticide usage data;
                                    ``(XVII) the number of the active 
                                ingredients approved, new uses, and 
                                pesticide end use products granted in 
                                connection with the Design for the 
                                Environment program (or any successor 
                                program) of the Environmental Protection 
                                Agency;
                                    ``(XVIII) with respect to funds in 
                                the Reregistration and Expedited 
                                Processing Fund described under section 
                                4(k), a review that includes--
                                            ``(aa) a description of the 
                                        amount and use of such funds--
                                                ``(AA) to carry out 
                                            activities relating to 
                                            worker protection under 
                                            subparagraphs (G) and (H) of 
                                            section 4(i)(1);
                                                ``(BB) to award 
                                            partnership grants under 
                                            subparagraph (I) of such 
                                            section; and
                                                ``(CC) to carry out the 
                                            pesticide safety education 
                                            program under subparagraph 
                                            (J) of such section;
                                            
                                        ``(bb) <<NOTE: Evaluation.>>  an 
                                        evaluation of the 
                                        appropriateness and 
                                        effectiveness of the activities, 
                                        grants, and

[[Page 136 STAT. 6016]]

                                        program under subparagraphs (G), 
                                        (H), (I), and (J) of such 
                                        section;
                                            ``(cc) a description of how 
                                        stakeholders are engaged in the 
                                        decision to fund such 
                                        activities, grants, and program 
                                        in accordance with the 
                                        stakeholder input provided under 
                                        such subparagraphs; and
                                            ``(dd) with respect to 
                                        activities relating to worker 
                                        protection carried out under 
                                        subparagraphs (G) and (H) of 
                                        section 4(i)(1), a summary of 
                                        the analyses from stakeholders, 
                                        including from worker community-
                                        based organizations, on the 
                                        appropriateness and 
                                        effectiveness of such 
                                        activities.
                                    ``(XIX) <<NOTE: Time period.>>  
                                beginning two years after enactment, 
                                report on the progress of meeting the 
                                deadlines listed in paragraph (5) of 
                                section 3(f); and
                                    ``(XX) <<NOTE: Review.>>  a review 
                                of progress made in implementing the 
                                pesticide surveillance program referred 
                                to in paragraph (8) of section 4(k).
                          ``(ii) Registrant submissions not covered by 
                      section 33(b)(3)(b).--Each registrant submission 
                      not covered by subsection (b)(3)(B), that is 
                      completed during the fiscal year covered by the 
                      report or pending at the conclusion of that fiscal 
                      year, organized by registering division, 
                      including--
                                    ``(I) the submission date;
                                    ``(II) the electronic portal 
                                tracking number assigned to the 
                                application at the time of the 
                                submission of the application to the 
                                electronic submission portal;
                                    ``(III) the type of regulatory 
                                action, as defined by statute or 
                                guidance document, and the specific 
                                label action;
                                    ``(IV) the status of the action;
                                    ``(V) the due date;
                                    ``(VI) the reason for the outcome; 
                                and
                                    ``(VII) the completion date, if 
                                applicable.
                          ``(iii) Screening process.--Data for the 
                      initial content screens and preliminary technical 
                      screens that are completed during the fiscal year 
                      covered by the report or pending at the conclusion 
                      of that fiscal year, organized by registering 
                      division, including--
                                    ``(I) the number of applications 
                                successfully passing each type of 
                                screen;
                                    ``(II) the number of applications 
                                that failed the screening process for 
                                each type of screen;
                                    ``(III) the number of notifications 
                                issued by the Administrator under 
                                subsection (f)(4)(B)(ii)(II);
                                    ``(IV) the number of notifications 
                                issued by the Administrator under 
                                subsection (f)(4)(B)(ii)(I) and the 
                                number of applications resulting in a 
                                rejection; and
                                    ``(V) the number of notifications 
                                issued under section 152.105 of title 
                                40, Code of Federal Regulations (or 
                                successor regulations), and to the 
                                extent practicable, the reasons for that 
                                issuance.

[[Page 136 STAT. 6017]]

                          ``(iv) <<NOTE: Data.>>  Staffing.--Data on the 
                      staffing relating to work covered under the 
                      Pesticide Registration Improvement Act of 2022 and 
                      the amendments made by that Act, organized by 
                      registering division, including--
                                    ``(I) the number of new hires and 
                                personnel departures;
                                    ``(II) the number of full-time 
                                equivalents at the end of each fiscal 
                                year;
                                    ``(III) the number of full-time 
                                equivalents working on registration 
                                review activities; and
                                    ``(IV) the number of full-time 
                                equivalents working on registrant 
                                submissions not covered by subsection 
                                (b)(3)(B).
                    ``(C) Publication.--The Administrator shall publish 
                each report under subparagraph (A)--
                          ``(i) <<NOTE: Web posting.>>  on the website 
                      of the Environmental Protection Agency; and
                          ``(ii) <<NOTE: Determination.>>  by such other 
                      methods as the Administrator determines to be the 
                      most effective for efficiently disseminating the 
                      report.
            ``(2) Information technology.--
                    ``(A) <<NOTE: Deadline.>>  System.--Not later than 1 
                year after the date of enactment of the Pesticide 
                Registration Improvement Act of 2022, the Administrator 
                shall establish an information technology system that--
                          ``(i) includes all registering divisions in 
                      the Office of Pesticide Programs;
                          ``(ii) provides a real-time, accurate, 
                      tracking system for all regulatory submissions to 
                      the Office of Pesticide Programs;
                          ``(iii) provides a real-time, accessible 
                      information that provides each applicant 
                      confidential, online access to the status and 
                      progress of the regulatory submissions of the 
                      applicant; and
                          ``(iv) <<NOTE: Updates.>>  updates the 
                      electronic submission portal--
                                    ``(I) to ensure that label reviews 
                                are limited to current label changes, to 
                                the maximum extent practicable;
                                    ``(II) to automate, to the extent 
                                practicable, minor, low risk regulatory 
                                actions; and
                                    ``(III) to allow self-certification 
                                of certain regulatory actions, as 
                                determined by the Administrator.
                    ``(B) Access to registration data and decisions.--
                The Administrator shall implement efforts to expand 
                existing, and develop new, information technology tools 
                and databases to improve access by Environmental 
                Protection Agency employees to data used to fulfill 
                registrations, and public access to information about 
                regulatory decisionmaking tools, including opportunities 
                for--
                          ``(i) analysis of the impact of submitted 
                      studies on Environmental Protection Agency 
                      assessments and decisions;
                          ``(ii) facilitation of read-across or 
                      computational model development to help fill 
                      information gaps;
                          ``(iii) tracking and reporting submission and 
                      decision metrics relating to the use and 
                      acceptance of test methods; and

[[Page 136 STAT. 6018]]

                          ``(iv) drafting and publication of policies 
                      communicating Environmental Protection Agency 
                      acceptance of novel technologies or approaches.''.

    (g) Termination of Effectiveness.--Section 33(m) of the Federal 
Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136w-8(m)) is 
amended--
            (1) by striking ``2023'' each place it appears and inserting 
        ``2027''; and
            (2) in paragraph (2)--
                    (A) in subparagraph (A)--
                          (i) in the subparagraph heading, by striking 
                      ``2024'' and inserting ``2028'' ; and
                          (ii) by striking ``2024'' and inserting 
                      ``2028''; and
                    (B) in each of subparagraphs (B) and (C)--
                          (i) in the subparagraph heading, by striking 
                      ``2025'' each place it appears and inserting 
                      ``2029''; and
                          (ii) by striking ``2025'' each place it 
                      appears and inserting ``2029''.
SEC. 706. REVISION OF TABLES REGARDING COVERED PESTICIDE 
                        REGISTRATION APPLICATIONS AND OTHER 
                        COVERED ACTIONS AND THEIR CORRESPONDING 
                        REGISTRATION SERVICE FEES.

    Section 33(b)(3) of the Federal Insecticide, Fungicide, and 
Rodenticide Act (7 U.S.C. 136w-8(b)(3)) (as amended by section 
705(a)(1)(C)) is amended by striking subparagraph (B) and inserting the 
following:
                    ``(B) Schedule, actions, and fees.--Subject to 
                paragraph (6), the schedule of registration applications 
                and other covered actions and their corresponding 
                registration service fees shall be as follows:

                       ``TABLE 1. -- REGISTRATION DIVISION (RD) -- NEW ACTIVE INGREDIENTS
----------------------------------------------------------------------------------------------------------------
                                                                                                   Registration
  EPA  No.     New  CR                   Action                       Decision  Review Time        Service Fee
                 No.                                                       (Months)(1)                 ($)
----------------------------------------------------------------------------------------------------------------
      R010           1   New Active Ingredient, Food use. (2)    36                                   1,079,356
                          (3)
----------------------------------------------------------------------------------------------------------------
      R020           2   New Active Ingredient, Food use;        27                                     899,464
                          reduced risk. (2) (3)
----------------------------------------------------------------------------------------------------------------
      R040           3   New Active Ingredient, Food use;        18                                     662,883
                          Experimental Use Permit application;
                          establish temporary tolerance;
                          submitted before application for
                          registration; credit 45% of fee
                          toward new active ingredient
                          application that follows. (3) (4)
----------------------------------------------------------------------------------------------------------------

[[Page 136 STAT. 6019]]

 
      R060           4   New Active Ingredient, Non-food use;    30                                     749,886
                          outdoor. (2) (3)
----------------------------------------------------------------------------------------------------------------
      R070           5   New Active Ingredient, Non-food use;    24                                     624,905
                          outdoor; reduced risk. (2) (3)
----------------------------------------------------------------------------------------------------------------
      R090           6   New Active Ingredient, Non-food use;    16                                     463,930
                          outdoor; Experimental Use Permit
                          application; submitted before
                          application for registration; credit
                          45% of fee toward new active
                          ingredient application that follows.
                          (3) (4)
----------------------------------------------------------------------------------------------------------------
      R110           7   New Active Ingredient, Non-food use;    20                                     417,069
                          indoor. (2) (3) (4)
----------------------------------------------------------------------------------------------------------------
      R120           8   New Active Ingredient, Non-food use;    14                                     347,556
                          indoor; reduced risk. (2) (3) (4)
----------------------------------------------------------------------------------------------------------------
      R121           9   New Active Ingredient, Non-food use;    18                                     261,322
                          indoor; Experimental Use Permit
                          application; submitted before
                          application for registration; credit
                          45% of fee toward new active
                          ingredient application that follows.
                          (3) (4)
----------------------------------------------------------------------------------------------------------------
      R122          10   Enriched isomer(s) of registered mixed- 27                                     454,526
                          isomer active ingredient. (2) (3)
----------------------------------------------------------------------------------------------------------------

[[Page 136 STAT. 6020]]

 
      R123          11   New Active Ingredient, Seed treatment   27                                     676,296
                          only; includes agricultural and non-
                          agricultural seeds; non-food use, not
                          requiring a tolerance. (2) (3)
----------------------------------------------------------------------------------------------------------------
      R126          12   New Active Ingredient, Seed treatment   31                                     743,925
                 (new)    only; limited uptake into raw
                          agricultural commodities; use
                          requiring a tolerance. (2) (3)
----------------------------------------------------------------------------------------------------------------
      R125          13   New Active Ingredient, Seed treatment;  16                                     463,930
                          Experimental Use Permit application;
                          submitted before application for
                          registration; credit 45% of fee
                          toward new active ingredient
                          application that follows. (3) (4)
----------------------------------------------------------------------------------------------------------------
(1) A decision review time that would otherwise end on a Saturday, Sunday, or Federal holiday, will be extended
  to end on the next business day.
(2) All requests for new uses (food and/or nonfood) contained in any application for a new active ingredient or
  a first food use are covered by the base fee for that new active ingredient or first food use application and
  retain the same decision time review period as the new active ingredient or first food use application. The
  application must be received by the Agency in one package. The base fee for the category covers a maximum of
  five new products. Each application for an additional new product registration and new inert approval that is
  submitted in the new active ingredient application package or first food use application package is subject to
  the registration service fee for a new product or a new inert approval. All such associated applications that
  are submitted together will be subject to the new active ingredient or first food use decision review time. In
  the case of a new active ingredient application, until that new active ingredient is approved, any subsequent
  application for another new product containing the same active ingredient or an amendment to the proposed
  labeling will be deemed a new active ingredient application, subject to the registration service fee and
  decision review time for a new active ingredient. In the case of a first food use application, until that
  first food use is approved, any subsequent application for an additional new food use or uses will be subject
  to the registration service fee and decision review time for a first food use. Any information that (a) was
  neither requested nor required by the Agency, and (b) is submitted by the applicant at the applicant's
  initiative to support the application after completion of the preliminary technical screening, and (c) is not
  itself a covered registration application, must be assessed 25% of the full registration service fee for the
  new active ingredient or first food use application.

[[Page 136 STAT. 6021]]

 
(3) Where the action involves approval of a new or amended label, on or before the end date of the decision
  review time, the Agency shall provide to the applicant a draft accepted label, including any changes made by
  the Agency that differ from the applicant-submitted label and relevant supporting data reviewed by the Agency.
  The applicant will notify the Agency that the applicant either (a) agrees to all of the terms associated with
  the draft accepted label as amended by the Agency and requests that it be issued as the accepted final Agency-
  stamped label; or (b) does not agree to one or more of the terms of the draft accepted label as amended by the
  Agency and requests additional time to resolve the difference(s); or (c) withdraws the application without
  prejudice for subsequent resubmission, but forfeits the associated registration service fee. For cases
  described in (b), the applicant shall have up to 30 calendar days to reach agreement with the Agency on the
  final terms of the Agency-accepted label. If the applicant agrees to all of the terms of the accepted label as
  in (a), including upon resolution of differences in (b), the Agency shall provide an accepted final Agency-
  stamped label to the registrant within 2 business days following the registrant's written or electronic
  confirmation of agreement to the Agency.
(4) If the Administrator determines that endangered species analysis is required for this action, using guidance
  finalized according to section 33(c)(3)(B) for this specific type of action, the decision review time can be
  extended for endangered species assessment one time only for up to 50%, upon written notification to the
  applicant, prior to completion of the technical screening. To the extent practicable, any reason for
  renegotiation should be resolved during the same extension.



                              ``TABLE 2. -- REGISTRATION DIVISION (RD) -- NEW USES
----------------------------------------------------------------------------------------------------------------
                                                                                                   Registration
  EPA  No.     New  CR                   Action                       Decision  Review Time        Service Fee
                 No.                                                       (Months)(1)                 ($)
----------------------------------------------------------------------------------------------------------------
      R130          14   First food use; indoor; food/food       23                                     274,388
                          handling. (2) (3) (5)
----------------------------------------------------------------------------------------------------------------
      R140          15   Additional food use; Indoor; food/food  17                                      64,028
                          handling. (3) (4) (5)
----------------------------------------------------------------------------------------------------------------
      R150          16   First food use. (2) (3) (5)             23                                     454,490
----------------------------------------------------------------------------------------------------------------
      R155          17   First food use, Experimental Use        21                                     378,742
                          Permit application; active ingredient
                          registered for non-food use. (3) (4)
                          (5)
----------------------------------------------------------------------------------------------------------------
      R160          18   First food use; reduced risk. (2) (3)   18                                     378,742
                          (5)
----------------------------------------------------------------------------------------------------------------
      R170          19   Additional food use. (3) (4) (5)        17                                     113,728
----------------------------------------------------------------------------------------------------------------
      R175          20   Additional food uses covered within a   14                                      94,774
                          crop group resulting from the
                          conversion of existing approved crop
                          group(s) to one or more revised crop
                          groups. (3) (4) (5)
----------------------------------------------------------------------------------------------------------------

[[Page 136 STAT. 6022]]

 
      R180          21   Additional food use; reduced risk. (3)  12                                      94,774
                          (4) (5)
----------------------------------------------------------------------------------------------------------------
      R190          22   Additional food uses; 6 or more         17                                     682,357
                          submitted in one application. (3) (4)
                          (5)
----------------------------------------------------------------------------------------------------------------
      R200          23   Additional Food Use; 6 or more          12                                     568,632
                          submitted in one application; Reduced
                          Risk. (3) (4) (5)
----------------------------------------------------------------------------------------------------------------
      R210          24   Additional food use; Experimental Use   12                                      70,210
                          Permit application; establish
                          temporary tolerance; no credit toward
                          new use registration. (3) (4) (5)
----------------------------------------------------------------------------------------------------------------
      R220          25   Additional food use; Experimental Use   6                                       28,434
                          Permit application; crop destruct
                          basis; no credit toward new use
                          registration. (3) (4) (5)
----------------------------------------------------------------------------------------------------------------
      R230          26   Additional use; non-food; outdoor. (3)  16                                      45,453
                          (4) (5)
----------------------------------------------------------------------------------------------------------------
      R240          27   Additional use; non-food; outdoor;      10                                      37,878
                          reduced risk. (3) (4) (5)
----------------------------------------------------------------------------------------------------------------
      R250          28   Additional use; non-food; outdoor;      6                                       28,434
                          Experimental Use Permit application;
                          no credit toward new use
                          registration. (3) (4) (5)
----------------------------------------------------------------------------------------------------------------
      R251          29   Experimental Use Permit application     8                                       28,434
                          which requires no changes to the
                          tolerance(s); non-crop destruct
                          basis. (3) (5)
----------------------------------------------------------------------------------------------------------------

[[Page 136 STAT. 6023]]

 
      R260          30   New use; non-food; indoor. (3) (4) (5)  12                                      21,954
----------------------------------------------------------------------------------------------------------------
      R270          31   New use; non-food; indoor; reduced      9                                       18,296
                          risk. (3) (4) (5)
----------------------------------------------------------------------------------------------------------------
      R271          32   New use; non-food; indoor;              6                                       13,940
                          Experimental Use Permit application;
                          no credit toward new use
                          registration. (3) (4) (5)
----------------------------------------------------------------------------------------------------------------
      R273          33   Additional use; seed treatment only;    12                                      72,302
                          use not requiring a new tolerance;
                          includes crops with established
                          tolerances (e.g., for soil or foliar
                          application). (3) (4) (5)
----------------------------------------------------------------------------------------------------------------
      R274          34   Additional use; seed treatment only; 6  12                                     433,793
                          or more submitted in one application;
                          uses not requiring new tolerances;
                          includes crops with established
                          tolerances (e.g., for soil or foliar
                          application). (3) (4) (5)
----------------------------------------------------------------------------------------------------------------
      R276          35   Additional use, seed treatment only;    14                                      79,560
                 (new)    limited uptake into raw agricultural
                          commodities; use requiring a
                          tolerance. (3) (4) (5)
----------------------------------------------------------------------------------------------------------------
      R277          36   Additional use, seed treatment only; 6  14                                     477,360
                 (new)    or more submitted in one application;
                          limited uptake into raw agricultural
                          commodities; use requiring a
                          tolerance. (3) (4) (5)
----------------------------------------------------------------------------------------------------------------
(1) A decision review time that would otherwise end on a Saturday, Sunday, or Federal holiday, will be extended
  to end on the next business day.

[[Page 136 STAT. 6024]]

 
(2) All requests for new uses (food and/or nonfood) contained in any application for a new active ingredient or
  a first food use are covered by the base fee for that new active ingredient or first food use application and
  retain the same decision time review period as the new active ingredient or first food use application. The
  application must be received by the Agency in one package. The base fee for the category covers a maximum of
  five new products. Each application for an additional new product registration and new inert approval that is
  submitted in the new active ingredient application package or first food use application package is subject to
  the registration service fee for a new product or a new inert approval. All such associated applications that
  are submitted together will be subject to the new active ingredient or first food use decision review time. In
  the case of a new active ingredient application, until that new active ingredient is approved, any subsequent
  application for another new product containing the same active ingredient or an amendment to the proposed
  labeling will be deemed a new active ingredient application, subject to the registration service fee and
  decision review time for a new active ingredient. In the case of a first food use application, until that
  first food use is approved, any subsequent application for an additional new food use or uses will be subject
  to the registration service fee and decision review time for a first food use. Any information that (a) was
  neither requested nor required by the Agency, and (b) is submitted by the applicant at the applicant's
  initiative to support the application after completion of the preliminary technical screening, and (c) is not
  itself a covered registration application, must be assessed 25% of the full registration service fee for the
  new active ingredient or first food use application.
(3) Where the action involves approval of a new or amended label, on or before the end date of the decision
  review time, the Agency shall provide to the applicant a draft accepted label, including any changes made by
  the Agency that differ from the applicant-submitted label and relevant supporting data reviewed by the Agency.
  The applicant will notify the Agency that the applicant either (a) agrees to all of the terms associated with
  the draft accepted label as amended by the Agency and requests that it be issued as the accepted final Agency-
  stamped label; or (b) does not agree to one or more of the terms of the draft accepted label as amended by the
  Agency and requests additional time to resolve the difference(s); or (c) withdraws the application without
  prejudice for subsequent resubmission, but forfeits the associated registration service fee. For cases
  described in (b), the applicant shall have up to 30 calendar days to reach agreement with the Agency on the
  final terms of the Agency-accepted label. If the applicant agrees to all of the terms of the accepted label as
  in (a), including upon resolution of differences in (b), the Agency shall provide an accepted final Agency-
  stamped label to the registrant within 2 business days following the registrant's written or electronic
  confirmation of agreement to the Agency.
(4) Amendment applications to add the new use(s) to registered product labels are covered by the base fee for
  the new use(s). All items in the covered application must be submitted together in one package. Each
  application for an additional new product registration and new inert approval(s) that is submitted in the new
  use application package is subject to the registration service fee for a new product or a new inert approval.
  However, if a new use application only proposes to register the new use for a new product and there are no
  amendments in the application, then review of one new product application is covered by the new use fee. All
  such associated applications that are submitted together will be subject to the new use decision review time.
  Any application for a new product or an amendment to the proposed labeling (a) submitted subsequent to
  submission of the new use application and (b) prior to conclusion of its decision review time and (c)
  containing the same new uses, will be deemed a separate new-use application, subject to a separate
  registration service fee and new decision review time for a new use. If the new-use application includes non-
  food (indoor and/or outdoor), and food (outdoor and/or indoor) uses, the appropriate fee is due for each type
  of new use and the longest decision review time applies to all of the new uses requested in the application.
  Any information that (a) was neither requested nor required by the Agency, and (b) is submitted by the
  applicant at the applicant's initiative to support the application after completion of the preliminary
  technical screening, and (c) is not itself a covered registration application, must be assessed 25% of the
  full registration service fee for the new use application.
(5) If the Administrator determines that endangered species analysis is required for this action, using guidance
  finalized according to section 33(c)(3)(B) for this specific type of action, the decision review time can be
  extended for endangered species assessment one time only for up to 50%, upon written notification to the
  applicant, prior to completion of the technical screening. To the extent practicable, any reason for
  renegotiation should be resolved during the same extension.



[[Page 136 STAT. 6025]]


                     ``TABLE 3. -- REGISTRATION DIVISION (RD) -- IMPORT AND OTHER TOLERANCES
----------------------------------------------------------------------------------------------------------------
                                                                                                   Registration
  EPA  No.     New  CR                   Action                       Decision  Review Time        Service Fee
                 No.                                                       (Months)(1)                 ($)
----------------------------------------------------------------------------------------------------------------
      R280          37   Establish tolerances for residues in    22                                     457,311
                          imported commodities; new active
                          ingredient or first food use. (2)
----------------------------------------------------------------------------------------------------------------
      R290          38   Establish tolerances for residues in    16                                      91,465
                          imported commodities; Additional new
                          food use.
----------------------------------------------------------------------------------------------------------------
      R291          39   Establish tolerances for residues in    16                                     548,773
                          imported commodities; additional food
                          uses; 6 or more crops submitted in
                          one petition.
----------------------------------------------------------------------------------------------------------------
      R292          40   Amend an established tolerance (e.g.,   12                                      64,987
                          decrease or increase) and/or
                          harmonize established tolerances with
                          Codex Maximum Residue Limits;
                          domestic or import; applicant-
                          initiated.
----------------------------------------------------------------------------------------------------------------
      R293          41   Establish tolerance(s) for inadvertent  13                                      76,656
                          residues in one crop; applicant-
                          initiated.
----------------------------------------------------------------------------------------------------------------
      R294          42   Establish tolerances for inadvertent    13                                     459,922
                          residues; 6 or more crops submitted
                          in one application; applicant-
                          initiated.
----------------------------------------------------------------------------------------------------------------

[[Page 136 STAT. 6026]]

 
      R295          43   Establish tolerance(s) for residues in  16                                      94,774
                          one rotational crop in response to a
                          specific rotational crop application;
                          submission of corresponding label
                          amendments which specify the
                          necessary plant-back restrictions;
                          applicant-initiated. (3) (4)
----------------------------------------------------------------------------------------------------------------
      R296          44   Establish tolerances for residues in    16                                     568,632
                          rotational crops in response to a
                          specific rotational crop petition; 6
                          or more crops submitted in one
                          application; submission of
                          corresponding label amendments which
                          specify the necessary plant-back
                          restrictions; applicant-initiated.
                          (3) (4)
----------------------------------------------------------------------------------------------------------------
      R297          45   Amend 6 or more established tolerances  12                                     389,897
                          (e.g., decrease or increase) in one
                          petition; domestic or import;
                          applicant-initiated.
----------------------------------------------------------------------------------------------------------------
      R298          46   Amend an established tolerance (e.g.,   14                                      83,940
                          decrease or increase); domestic or
                          import; submission of corresponding
                          amended labels (requiring science
                          review). (3) (4)
----------------------------------------------------------------------------------------------------------------

[[Page 136 STAT. 6027]]

 
      R299          47   Amend 6 or more established tolerances  14                                     408,853
                          (e.g., decrease or increase);
                          domestic or import; submission of
                          corresponding amended labels
                          (requiring science review). (3) (4)
----------------------------------------------------------------------------------------------------------------
      R281          48   Establish tolerances for residues in    12                                      68,599
                 (new)    imported commodities; additional new
                          food use; submission of residue
                          chemistry data review conducted by
                          Codex or other competent national
                          regulatory authority.
----------------------------------------------------------------------------------------------------------------
      R282          49   Establish tolerances for residues in    12                                     411,580
                 (new)    imported commodities; additional new
                          food uses; 6 or more crops submitted
                          in one petition; submission of
                          residue chemistry data review
                          conducted by Codex or other competent
                          national regulatory authority.
----------------------------------------------------------------------------------------------------------------
(1) A decision review time that would otherwise end on a Saturday, Sunday, or Federal holiday, will be extended
  to end on the next business day.

[[Page 136 STAT. 6028]]

 
(2) All requests for new uses (food and/or nonfood) contained in any application for a new active ingredient or
  a first food use are covered by the base fee for that new active ingredient or first food use application and
  retain the same decision time review period as the new active ingredient or first food use application. The
  application must be received by the Agency in one package. The base fee for the category covers a maximum of
  five new products. Each application for an additional new product registration and new inert approval that is
  submitted in the new active ingredient application package or first food use application package is subject to
  the registration service fee for a new product or a new inert approval. All such associated applications that
  are submitted together will be subject to the new active ingredient or first food use decision review time. In
  the case of a new active ingredient application, until that new active ingredient is approved, any subsequent
  application for another new product containing the same active ingredient or an amendment to the proposed
  labeling will be deemed a new active ingredient application, subject to the registration service fee and
  decision review time for a new active ingredient. In the case of a first food use application, until that
  first food use is approved, any subsequent application for an additional new food use or uses will be subject
  to the registration service fee and decision review time for a first food use. Any information that (a) was
  neither requested nor required by the Agency, and (b) is submitted by the applicant at the applicant's
  initiative to support the application after completion of the preliminary technical screening, and (c) is not
  itself a covered registration application, must be assessed 25% of the full registration service fee for the
  new active ingredient or first food use application.
(3) Where the action involves approval of a new or amended label, on or before the end date of the decision
  review time, the Agency shall provide to the applicant a draft accepted label, including any changes made by
  the Agency that differ from the applicant-submitted label and relevant supporting data reviewed by the Agency.
  The applicant will notify the Agency that the applicant either (a) agrees to all of the terms associated with
  the draft accepted label as amended by the Agency and requests that it be issued as the accepted final Agency-
  stamped label; or (b) does not agree to one or more of the terms of the draft accepted label as amended by the
  Agency and requests additional time to resolve the difference(s); or (c) withdraws the application without
  prejudice for subsequent resubmission, but forfeits the associated registration service fee. For cases
  described in (b), the applicant shall have up to 30 calendar days to reach agreement with the Agency on the
  final terms of the Agency-accepted label. If the applicant agrees to all of the terms of the accepted label as
  in (a), including upon resolution of differences in (b), the Agency shall provide an accepted final Agency-
  stamped label to the registrant within 2 business days following the registrant's written or electronic
  confirmation of agreement to the Agency.
(4) Amendment applications to add the revised use pattern(s) to registered product labels are covered by the
  base fee for the category. All items in the covered application must be submitted together in one package.
  Each application for an additional new product registration and new inert approval(s) that is submitted in the
  amendment application package is subject to the registration service fee for a new product or a new inert
  approval. However, if an amendment application only proposes to register the amendment for a new product and
  there are no amendments in the application, then review of one new product application is covered by the base
  fee. All such associated applications that are submitted together will be subject to the category decision
  review time.



[[Page 136 STAT. 6029]]


                            ``TABLE 4. -- REGISTRATION DIVISION (RD) -- NEW PRODUCTS
----------------------------------------------------------------------------------------------------------------
 
               New  CR                                                   Decision  Review Time      Registration
  EPA  No.       No.                       Action                             (Months)(1)            Service Fee
                                                                                                         ($)
----------------------------------------------------------------------------------------------------------------
      R300          50   New product; or similar combination        4                                     2,270
                          product (already registered) to an
                          identical or substantially similar in
                          composition and use to a registered
                          product; registered source of active
                          ingredient; no data review on acute
                          toxicity, efficacy or child-resistant
                          packaging -- only product chemistry
                          data; cite-all data citation, or
                          selective data citation where applicant
                          owns all required data, or applicant
                          submits specific authorization letter
                          from data owner. Category also includes
                          100% re- package of registered end-use
                          or manufacturing-use product that
                          requires no data submission nor data
                          matrix. (2) (3)
----------------------------------------------------------------------------------------------------------------
      R301          51   New product; or similar combination        4                                     2,720
                          product (already registered) to an
                          identical or substantially similar in
                          composition and use to a registered
                          product; registered source of active
                          ingredient; selective data citation only
                          for data on product chemistry and/or
                          acute toxicity and/or public health pest
                          efficacy (identical data citation and
                          claims to cited product(s)), where
                          applicant does not own all required data
                          and does not have a specific
                          authorization letter from data owner.
                          (2) (3)
----------------------------------------------------------------------------------------------------------------

[[Page 136 STAT. 6030]]

 
      R310          52   New end-use or manufacturing-use product   7                                    10,466
                          with registered source(s) of active
                          ingredient(s); includes products
                          containing two or more registered active
                          ingredients previously combined in other
                          registered products; excludes products
                          requiring or citing an animal safety
                          study; requires review of data package
                          within RD only; includes data and/or
                          waivers of data for only:
                         1. product chemistry and/or
                         2. acute toxicity and/or
                         4. Child-resistant packaging and/or
                         4. pest(s) requiring efficacy - for up to
                          3 target pests. (2) (3) (4)
----------------------------------------------------------------------------------------------------------------

[[Page 136 STAT. 6031]]

 
      R314          53   New end-use product containing up to       8                                    12,364
                          three registered active ingredients
                          never before registered as this
                          combination in a formulated product; new
                          product label is identical or
                          substantially similar to the labels of
                          currently registered products which
                          separately contain the respective
                          component active ingredients; excludes
                          products requiring or citing an animal
                          safety study; requires review of data
                          package within RD only; includes data
                          and/or waivers of data for only:
                         1. product chemistry and/or
                         2. acute toxicity and/or
                         3. child resistant packaging and/or
                         4. pest(s) requiring efficacy (4) for up
                          to 3 target pests. (2) (3)
----------------------------------------------------------------------------------------------------------------

[[Page 136 STAT. 6032]]

 
      R319          54   New end-use product containing up to       10                                   18,097
                          three registered active ingredients
                          never before registered as this
                          combination in a formulated product; new
                          product label is identical or
                          substantially similar to the labels of
                          currently registered products which
                          separately contain the respective
                          component active ingredients; excludes
                          products requiring or citing an animal
                          safety study; requires review of data
                          package within RD only; includes data
                          and/or waivers of data for only:
                         1. product chemistry and/or
                         2. acute toxicity and/or
                         3. child resistant packaging and/or
                         4. pest(s) requiring efficacy (4) - for 4
                          to 7 target pests. (2) (3)
----------------------------------------------------------------------------------------------------------------

[[Page 136 STAT. 6033]]

 
      R318          55   New end-use product containing four or     9                                    18,994
                          more registered active ingredients never
                          before registered as this combination in
                          a formulated product; new product label
                          is identical or substantially similar to
                          the labels of currently registered
                          products which separately contain the
                          respective component active ingredients;
                          excludes products requiring or citing an
                          animal safety study; requires review of
                          data package within RD only; includes
                          data and/or waivers of data for only:
                         1. product chemistry and/or
                         2. acute toxicity and/or
                         3. child resistant packaging and/or
                         4. pest(s) requiring efficacy - for up to
                          3 target pests. (2) (3) (4)
----------------------------------------------------------------------------------------------------------------

[[Page 136 STAT. 6034]]

 
      R321          56   New end-use product containing four or     11                                   24,727
                          more registered active ingredients never
                          before registered as this combination in
                          a formulated product; new product label
                          is identical or substantially similar to
                          the labels of currently registered
                          products which separately contain the
                          respective component active ingredients;
                          excludes products requiring or citing an
                          animal safety study; requires review of
                          data package within RD only; includes
                          data and/or waivers of data for only:
                         1. product chemistry and/or
                         2. acute toxicity and/or
                         3. child resistant packaging and/or
                         4. pest(s) requiring efficacy (4) - for 4
                          to 7 target pests. (2) (3)
----------------------------------------------------------------------------------------------------------------
      R315          57   New end-use on-animal product, registered  9                                    14,075
                          source of active ingredient(s) with
                          submission of data and/or waivers for
                          only:
                         1. animal safety and
                         2. pest(s) requiring efficacy and/or
                         3. product chemistry and/or
                         4. acute toxicity and/or
                         5. child resistant packaging. (2) (3) (4)
----------------------------------------------------------------------------------------------------------------

[[Page 136 STAT. 6035]]

 
      R316          58   New end-use or manufacturing-use product   9                                    16,199
                          with registered source(s) of active
                          ingredient(s) including products
                          containing two or more registered active
                          ingredients previously combined in other
                          registered products; excludes products
                          requiring or citing an animal safety
                          study; and requires review of data and/
                          or waivers for only:
                         1. product chemistry and/or
                         2. acute toxicity and/or
                         3. child resistant packaging and/or
                         4. pest(s) requiring efficacy - for 4 to
                          7 target pests. (2) (3) (4)
----------------------------------------------------------------------------------------------------------------
      R317          59   New end-use or manufacturing-use product   10                                   21,932
                          with registered source(s) of active
                          ingredient(s) including products
                          containing two or more registered active
                          ingredients previously combined in other
                          registered products; excludes products
                          requiring or citing an animal safety
                          study; and requires review of data and/
                          or waivers for only:
                         1. product chemistry and/or
                         2. acute toxicity and/or
                         3. child resistant packaging and/or
                         4. Pest(s) requiring efficacy - for
                          greater than 7 target pests, (2) (3) (4)
----------------------------------------------------------------------------------------------------------------

[[Page 136 STAT. 6036]]

 
      R320          60   New product; new physical form; requires   12                                   18,958
                          data review in science divisions. (2)
                          (3) (5)
----------------------------------------------------------------------------------------------------------------
      R331          61   New product; repack of identical           3                                     3,627
                          registered end-use product as a
                          manufacturing-use product; same
                          registered uses only. (2) (3)
----------------------------------------------------------------------------------------------------------------
      R332          62   New manufacturing-use product; registered  24                                  405,919
                          active ingredient; unregistered source
                          of active ingredient; submission of
                          completely new generic data package;
                          registered uses only; requires review in
                          RD and science divisions. (2) (3)
----------------------------------------------------------------------------------------------------------------
      R333          63   New product; manufacturing-use product or  11                                   28,434
                          end-use product with unregistered source
                          of active ingredient; requires science
                          data review; new physical form; etc.
                          Cite-all or selective data citation
                          where applicant owns all required data.
                          (2) (3)
----------------------------------------------------------------------------------------------------------------
      R334          64   New product; manufacturing-use product or  12                                   33,108
                          end-use product with unregistered source
                          of the active ingredient; requires
                          science data review; new physical form;
                          etc. Selective data citation. (2) (3)
----------------------------------------------------------------------------------------------------------------

[[Page 136 STAT. 6037]]

 
      R361          65   New end-use product containing up to       12                                   23,400
                 (new)    three registered active ingredients
                          never before registered as this
                          combination in a formulated product; new
                          product label is identical or
                          substantially similar to the labels of
                          currently registered products which
                          separately contain the respective
                          component active ingredients; excludes
                          products requiring or citing an animal
                          safety study; requires review of data
                          package within RD only; includes data
                          and/or waivers of data for only:
                         1. product chemistry and/or
                         2. acute toxicity and/or
                         3. Child resistant packaging and/or
                         4. pest(s) requiring efficacy - for more
                          than 7 target pests. (2) (3) (4)
----------------------------------------------------------------------------------------------------------------

[[Page 136 STAT. 6038]]

 
      R362          66   New end-use product containing four or     13                                   25,350
                 (new)    more registered active ingredients never
                          before registered as this combination in
                          a formulated product; new product label
                          is identical or substantially similar to
                          the labels of currently registered
                          products which separately contain the
                          respective component active ingredients;
                          excludes products requiring or citing an
                          animal safety study; requires review of
                          data package within RD only; includes
                          data and/or waivers of data for only:
                         1. product chemistry and/or
                         2. acute toxicity and/or
                         3. Child resistant packaging and/or
                         4. pest(s) requiring efficacy - for more
                          than 7 target pests. (2) (3) (4)
----------------------------------------------------------------------------------------------------------------
      R363          67   New product; repack of identical           6                                     7,800
                 (new)    registered manufacturing-use product as
                          an end-use product; same registered uses
                          only, with no additional data. (2) (3)
----------------------------------------------------------------------------------------------------------------
(1) A decision review time that would otherwise end on a Saturday, Sunday, or Federal holiday, will be extended
  to end on the next business day.
(2) An application for a new end-use product using a source of active ingredient that (a) is not yet registered
  but (b) has an application pending with the Agency for review, will be considered an application for a new
  product with an unregistered source of active ingredient.

[[Page 136 STAT. 6039]]

 
(3) Where the action involves approval of a new or amended label, on or before the end date of the decision
  review time, the Agency shall provide to the applicant a draft accepted label, including any changes made by
  the Agency that differ from the applicant-submitted label and relevant supporting data reviewed by the Agency.
  The applicant will notify the Agency that the applicant either (a) agrees to all of the terms associated with
  the draft accepted label as amended by the Agency and requests that it be issued as the accepted final Agency-
  stamped label; or (b) does not agree to one or more of the terms of the draft accepted label as amended by the
  Agency and requests additional time to resolve the difference(s); or (c) withdraws the application without
  prejudice for subsequent resubmission, but forfeits the associated registration service fee. For cases
  described in (b), the applicant shall have up to 30 calendar days to reach agreement with the Agency on the
  final terms of the Agency-accepted label. If the applicant agrees to all of the terms of the accepted label as
  in (a), including upon resolution of differences in (b), the Agency shall provide an accepted final Agency-
  stamped label to the registrant within 2 business days following the registrant's written or electronic
  confirmation of agreement to the Agency.
(4) For the purposes of classifying proposed registration actions into PRIA categories, ``pest(s) requiring
  efficacy'' are both invertebrate and vertebrate pests. Invertebrate public health pests (e.g., ticks,
  mosquitoes, cockroaches, flies, etc.), structural pests (e.g., termites, carpenter ants, and wood-boring
  beetles) and certain invasive invertebrate species (e.g., Asian Longhorned beetle, Emerald Ashborer) are
  listed in the product performance rule, subpart R of part 158 of title 40, Code of Federal Regulations. This
  list may be updated/refined as invasive pest needs arise. All other pests (e.g., vertebrates) are listed in
  the Pesticide Registration Notice 2002-1. To determine the number of pests for the PRIA categories, pest
  groups, subgroups, and pest specific claims as listed in part 158 of title 40, Code of Federal Regulations,
  should be counted as follows. If seeking a label claim against a general pest group (e.g., cockroaches,
  mosquitoes, termites, etc.), each group will count as 1. If seeking a claim against a pest subgroup (e.g.,
  small biting flies, filth flies, etc.) or specific pests (e.g., smokybrown cockroach, house fly, etc.) without
  a general claim, then each subgroup or specific pest will count as 1.
(5) If the Administrator determines that endangered species analysis is required for this action, using guidance
  finalized according to section 33(c)(3)(B) for this specific type of action, the decision review time can be
  extended for endangered species assessment one time only for up to 50%, upon written notification to the
  applicant, prior to completion of the technical screening. To the extent practicable, any reason for
  renegotiation should be resolved during the same extension.



                             ``TABLE 5. -- REGISTRATION DIVISION (RD) -- AMENDMENTS
----------------------------------------------------------------------------------------------------------------
                                                                                                   Registration
  EPA  No.     New  CR                   Action                       Decision  Review Time        Service Fee
                 No.                                                       (Months)(1)                 ($)
----------------------------------------------------------------------------------------------------------------
      R340          68   Amendment requiring data review within  4                                        7,150
                          RD (e.g., changes to precautionary
                          label statements); includes adding/
                          modifying pest(s) claims for up to 2
                          target pests; excludes products
                          requiring or citing an animal safety
                          study. (2) (3)
----------------------------------------------------------------------------------------------------------------

[[Page 136 STAT. 6040]]

 
      R341          69   Amendment requiring data review within  6                                        8,584
                          RD (e.g., changes to precautionary
                          label statements), includes adding/
                          modifying pest(s) claims for greater
                          than 2 target pests; excludes
                          products requiring or citing an
                          animal safety study. (2) (3)
----------------------------------------------------------------------------------------------------------------
      R345          70   Amending on-animal products previously  7                                       12,643
                          registered, with the submission of
                          data and/or waivers for only:
                         1. animal safety and
                         2. pest(s) requiring efficacy and/or
                         3. product chemistry and/or
                         4. acute toxicity and/or
                         5. child resistant packaging. (2) (3)
                          (4)
----------------------------------------------------------------------------------------------------------------
      R350          71   Amendment requiring data review in      9                                       18,958
                          science divisions (e.g., changes to
                          Restricted Entry Interval, or
                          Personal Protective Equipment, or
                          Preharvest Interval, or use rate, or
                          number of applications; or add aerial
                          application; or modify Ground Water/
                          Surface Water advisory statement).
                          (2) (3) (5)
----------------------------------------------------------------------------------------------------------------
      R351          72   Amendment adding a new unregistered     8                                       18,958
                          source of active ingredient. (2) (3)
----------------------------------------------------------------------------------------------------------------

[[Page 136 STAT. 6041]]

 
      R352          73   Amendment adding already approved       8                                       18,958
                          uses; selective method of support;
                          does not apply if the applicant owns
                          all cited data. (2) (3)
----------------------------------------------------------------------------------------------------------------
      R371          74   Amendment to Experimental Use Permit;   6                                       14,463
                          (does not include extending a
                          permit's time period). (3)
----------------------------------------------------------------------------------------------------------------
(1) A decision review time that would otherwise end on a Saturday, Sunday, or Federal holiday, will be extended
  to end on the next business day.
(2) (a) EPA-initiated amendments shall not be charged registration service fees. (b) Registrant-initiated fast-
  track amendments are to be completed within the timelines specified in section 3(c)(3)(B) and are not subject
  to registration service fees. (c) Registrant-initiated fast-track amendments handled by the Antimicrobials
  Division are to be completed within the timelines specified in section 3(h) and are not subject to
  registration service fees. (d) Registrant initiated amendments submitted by notification under PR Notices,
  such as PR Notice 98-10, continue under PR Notice timelines and are not subject to registration service fees.
  (e) Submissions with data and requiring data review are subject to registration service fees.
(3) Where the action involves approval of a new or amended label, on or before the end date of the decision
  review time, the Agency shall provide to the applicant a draft accepted label, including any changes made by
  the Agency that differ from the applicant-submitted label and relevant supporting data reviewed by the Agency.
  The applicant will notify the Agency that the applicant either (a) agrees to all of the terms associated with
  the draft accepted label as amended by the Agency and requests that it be issued as the accepted final Agency-
  stamped label; or (b) does not agree to one or more of the terms of the draft accepted label as amended by the
  Agency and requests additional time to resolve the difference(s); or (c) withdraws the application without
  prejudice for subsequent resubmission, but forfeits the associated registration service fee. For cases
  described in (b), the applicant shall have up to 30 calendar days to reach agreement with the Agency on the
  final terms of the Agency-accepted label. If the applicant agrees to all of the terms of the accepted label as
  in (a), including upon resolution of differences in (b), the Agency shall provide an accepted final Agency-
  stamped label to the registrant within 2 business days following the registrant's written or electronic
  confirmation of agreement to the Agency.
(4) For the purposes of classifying proposed registration actions into PRIA categories, ``pest(s) requiring
  efficacy'' are both invertebrate and vertebrate pests. Invertebrate public health pests (e.g., ticks,
  mosquitoes, cockroaches, flies, etc.), structural pests (e.g., termites, carpenter ants, and wood-boring
  beetles) and certain invasive invertebrate species (e.g., Asian Longhorned beetle, Emerald Ashborer) are
  listed in the product performance rule, subpart R of part 158 of title 40, Code of Federal Regulations. This
  list may be updated/refined as invasive pest needs arise. All other pests (e.g., vertebrates) are listed in
  the Pesticide Registration Notice 2002-1. To determine the number of pests for the PRIA categories, pest
  groups, subgroups, and pest specific claims as listed in part 158 of title 40, Code of Federal Regulations,
  should be counted as follows. If seeking a label claim against a general pest group (e.g., cockroaches,
  mosquitoes, termites, etc.), each group will count as 1. If seeking a claim against a pest subgroup (e.g.,
  small biting flies, filth flies, etc.) or specific pests (e.g., smokybrown cockroach, house fly, etc.) without
  a general claim, then each subgroup or specific pest will count as 1.

[[Page 136 STAT. 6042]]

 
(5) If the Administrator determines that endangered species analysis is required for this action, using guidance
  finalized according to section 33(c)(3)(B) for this specific type of action, the decision review time can be
  extended for endangered species assessment one time only for up to 50%, upon written notification to the
  applicant, prior to completion of the technical screening. To the extent practicable, any reason for
  renegotiation should be resolved during the same extension.



                            ``TABLE 6. -- REGISTRATION DIVISION (RD) -- OTHER ACTIONS
----------------------------------------------------------------------------------------------------------------
                                                                                                   Registration
  EPA  No.     New  CR                   Action                       Decision  Review Time        Service Fee
                 No.                                                       (Months)(1)                 ($)
----------------------------------------------------------------------------------------------------------------
      R124          75   Conditional Ruling on Pre-application   6                                        3,627
                          Study Waivers; applicant-initiated.
----------------------------------------------------------------------------------------------------------------
      R272          76   Review of Study Protocol applicant-     3                                        3,627
                          initiated; excludes Data Analysis
                          Reporting Tool, pre- registration
                          conference, Rapid Response review,
                          developmental neurotoxicity protocol
                          review, protocol needing Human
                          Studies Review Board review,
                          companion animal safety protocol.
----------------------------------------------------------------------------------------------------------------
      R275          77   Rebuttal of Agency reviewed protocol,   3                                        3,627
                          applicant initiated.
----------------------------------------------------------------------------------------------------------------
      R278          78   Review of Protocol for companion        5                                        4,927
                 (new)    animal safety study.
----------------------------------------------------------------------------------------------------------------
      R279          79   Comparative product determination for   3                                        5,200
                 (new)    reduced risk submission, applicant
                          initiated; submitted before
                          application for reduced risk new
                          active ingredient or reduced risk new
                          use.
----------------------------------------------------------------------------------------------------------------
(1) A decision review time that would otherwise end on a Saturday, Sunday, or Federal holiday, will be extended
  to end on the next business day.



[[Page 136 STAT. 6043]]


                       ``TABLE 7. -- ANTIMICROBIAL DIVISION (AD) -- NEW ACTIVE INGREDIENTS
----------------------------------------------------------------------------------------------------------------
                                                                                                   Registration
  EPA  No.     New  CR                   Action                       Decision  Review Time        Service Fee
                 No.                                                       (Months)(1)                 ($)
----------------------------------------------------------------------------------------------------------------
      A380          80   New Active Ingredient; Indirect Food    26                                     227,957
                          use; establish tolerance or tolerance
                          exemption if required. (2) (3) (4)
----------------------------------------------------------------------------------------------------------------
      A390          81   New Active Ingredient; Direct Food      26                                     329,265
                          use; establish tolerance or tolerance
                          exemption if required. (2) (3) (4)
----------------------------------------------------------------------------------------------------------------
      A410          82   New Active Ingredient Non-food use.     23                                     278,659
                          (2) (3) (4)
----------------------------------------------------------------------------------------------------------------
      A431          83   New Active Ingredient, Non-food use;    14                                     114,984
                          low-risk. (2) (3) (4)
----------------------------------------------------------------------------------------------------------------
(1) A decision review time that would otherwise end on a Saturday, Sunday, or Federal holiday, will be extended
  to end on the next business day.
(2) All requests for new uses (food and/or nonfood) contained in any application for a new active ingredient or
  a first food use are covered by the base fee for that new active ingredient or first food use application and
  retain the same decision time review period as the new active ingredient or first food use application. The
  application must be received by the Agency in one package. The base fee for the category covers a maximum of
  five new products. Each application for an additional new product registration and new inert approval that is
  submitted in the new active ingredient application package or first food use application package is subject to
  the registration service fee for a new product or a new inert approval. All such associated applications that
  are submitted together will be subject to the new active ingredient or first food use decision review time. In
  the case of a new active ingredient application, until that new active ingredient is approved, any subsequent
  application for another new product containing the same active ingredient or an amendment to the proposed
  labeling will be deemed a new active ingredient application, subject to the registration service fee and
  decision review time for a new active ingredient. In the case of a first food use application, until that
  first food use is approved, any subsequent application for an additional new food use or uses will be subject
  to the registration service fee and decision review time for a first food use. Any information that (a) was
  neither requested nor required by the Agency, and (b) is submitted by the applicant at the applicant's
  initiative to support the application after completion of the preliminary technical screening, and (c) is not
  itself a covered registration application, must be assessed 25% of the full registration service fee for the
  new active ingredient or first food use application.

[[Page 136 STAT. 6044]]

 
(3) Where the action involves approval of a new or amended label, on or before the end date of the decision
  review time, the Agency shall provide to the applicant a draft accepted label, including any changes made by
  the Agency that differ from the applicant-submitted label and relevant supporting data reviewed by the Agency.
  The applicant will notify the Agency that the applicant either (a) agrees to all of the terms associated with
  the draft accepted label as amended by the Agency and requests that it be issued as the accepted final Agency-
  stamped label; or (b) does not agree to one or more of the terms of the draft accepted label as amended by the
  Agency and requests additional time to resolve the difference(s); or (c) withdraws the application without
  prejudice for subsequent resubmission, but forfeits the associated registration service fee. For cases
  described in (b), the applicant shall have up to 30 calendar days to reach agreement with the Agency on the
  final terms of the Agency-accepted label. If the applicant agrees to all of the terms of the accepted label as
  in (a), including upon resolution of differences in (b), the Agency shall provide an accepted final Agency-
  stamped label to the registrant within 2 business days following the registrant's written or electronic
  confirmation of agreement to the Agency.
(4) If the Administrator determines that endangered species analysis is required for this action, using guidance
  finalized according to section 33(c)(3)(B) for this specific type of action, the decision review time can be
  extended for endangered species assessment one time only for up to 50%, upon written notification to the
  applicant, prior to completion of the technical screening. To the extent practicable, any reason for
  renegotiation should be resolved during the same extension.


                              ``TABLE 8. -- ANTIMICROBIAL DIVISION (AD) -- NEW USES
----------------------------------------------------------------------------------------------------------------
                                                                                                   Registration
  EPA  No.     New  CR                   Action                       Decision  Review Time        Service Fee
                 No.                                                       (Months)(1)                 ($)
----------------------------------------------------------------------------------------------------------------
      A440          84   New Use, Indirect Food Use, establish   23                                      45,737
                          tolerance or tolerance exemption. (2)
                          (3) (4) (6)
----------------------------------------------------------------------------------------------------------------
      A441          85   Additional Indirect food uses;          23                                     164,639
                          establish tolerances or tolerance
                          exemptions if required; 6 or more
                          submitted in one application. (3) (4)
                          (5) (6)
----------------------------------------------------------------------------------------------------------------
      A450          86   New use, Direct food use, establish     23                                     137,198
                          tolerance or tolerance exemption. (2)
                          (3) (4) (6)
----------------------------------------------------------------------------------------------------------------
      A451          87   Additional Direct food uses; establish  22                                     261,333
                          tolerances or tolerance exemptions if
                          required; 6 or more submitted in one
                          application. (3) (4) (5) (6)
----------------------------------------------------------------------------------------------------------------
      A500          88   New use, non-food. (4) (5) (6)          15                                      45,737
----------------------------------------------------------------------------------------------------------------

[[Page 136 STAT. 6045]]

 
      A501          89   New use, non-food; 6 or more submitted  17                                     109,764
                          in one application. (4) (5) (6)
----------------------------------------------------------------------------------------------------------------
(1) A decision review time that would otherwise end on a Saturday, Sunday, or Federal holiday, will be extended
  to end on the next business day.
(2) All requests for new uses (food and/or nonfood) contained in any application for a new active ingredient or
  a first food use are covered by the base fee for that new active ingredient or first food use application and
  retain the same decision time review period as the new active ingredient or first food use application. The
  application must be received by the Agency in one package. The base fee for the category covers a maximum of
  five new products. Each application for an additional new product registration and new inert approval that is
  submitted in the new active ingredient application package or first food use application package is subject to
  the registration service fee for a new product or a new inert approval. All such associated applications that
  are submitted together will be subject to the new active ingredient or first food use decision review time. In
  the case of a new active ingredient application, until that new active ingredient is approved, any subsequent
  application for another new product containing the same active ingredient or an amendment to the proposed
  labeling will be deemed a new active ingredient application, subject to the registration service fee and
  decision review time for a new active ingredient. In the case of a first food use application, until that
  first food use is approved, any subsequent application for an additional new food use or uses will be subject
  to the registration service fee and decision review time for a first food use. Any information that (a) was
  neither requested nor required by the Agency, and (b) is submitted by the applicant at the applicant's
  initiative to support the application after completion of the preliminary technical screening, and (c) is not
  itself a covered registration application, must be assessed 25% of the full registration service fee for the
  new active ingredient or first food use application.
(3) If EPA data rules are amended to newly require clearance under section 408 of the Federal Food, Drug, and
  Cosmetic Act (21 U.S.C. 346a) for an ingredient of an antimicrobial product where such ingredient was not
  previously subject to such a clearance, then review of the data for such clearance of such product is not
  subject to a registration service fee for the tolerance action for two years from the effective date of the
  rule.
(4) Where the action involves approval of a new or amended label, on or before the end date of the decision
  review time, the Agency shall provide to the applicant a draft accepted label, including any changes made by
  the Agency that differ from the applicant-submitted label and relevant supporting data reviewed by the Agency.
  The applicant will notify the Agency that the applicant either (a) agrees to all of the terms associated with
  the draft accepted label as amended by the Agency and requests that it be issued as the accepted final Agency-
  stamped label; or (b) does not agree to one or more of the terms of the draft accepted label as amended by the
  Agency and requests additional time to resolve the difference(s); or (c) withdraws the application without
  prejudice for subsequent resubmission, but forfeits the associated registration service fee. For cases
  described in (b), the applicant shall have up to 30 calendar days to reach agreement with the Agency on the
  final terms of the Agency-accepted label. If the applicant agrees to all of the terms of the accepted label as
  in (a), including upon resolution of differences in (b), the Agency shall provide an accepted final Agency-
  stamped label to the registrant within 2 business days following the registrant's written or electronic
  confirmation of agreement to the Agency.

[[Page 136 STAT. 6046]]

 
(5) Amendment applications to add the new use(s) to registered product labels are covered by the base fee for
  the new use(s). All items in the covered application must be submitted together in one package. Each
  application for an additional new product registration and new inert approval(s) that is submitted in the new
  use application package is subject to the registration service fee for a new product or a new inert approval.
  However, if a new use application only proposes to register the new use for a new product and there are no
  amendments in the application, then review of one new product application is covered by the new use fee. All
  such associated applications that are submitted together will be subject to the new use decision review time.
  Any application for a new product or an amendment to the proposed labeling (a) submitted subsequent to
  submission of the new use application and (b) prior to conclusion of its decision review time and (c)
  containing the same new uses, will be deemed a separate new-use application, subject to a separate
  registration service fee and new decision review time for a new use. If the new-use application includes non-
  food (indoor and/or outdoor), and food (outdoor and/or indoor) uses, the appropriate fee is due for each type
  of new use and the longest decision review time applies to all of the new uses requested in the application.
  Any information that (a) was neither requested nor required by the Agency, and (b) is submitted by the
  applicant at the applicant's initiative to support the application after completion of the preliminary
  technical screening, and (c) is not itself a covered registration application, must be assessed 25% of the
  full registration service fee for the new use application.
(6) If the Administrator determines that endangered species analysis is required for this action, using guidance
  finalized according to section 33(c)(3)(B) for this specific type of action, the decision review time can be
  extended for endangered species assessment one time only for up to 50%, upon written notification to the
  applicant, prior to completion of the technical screening. To the extent practicable, any reason for
  renegotiation should be resolved during the same extension.



                    ``TABLE 9. -- ANTIMICROBIAL DIVISION (AD) -- NEW PRODUCTS AND AMENDMENTS
----------------------------------------------------------------------------------------------------------------
                                                                                                   Registration
  EPA  No.     New  CR                   Action                       Decision  Review Time        Service Fee
                 No.                                                       (Months)(1)                 ($)
----------------------------------------------------------------------------------------------------------------
      A530          90   New product, identical or               4                                        1,833
                          substantially similar in composition
                          and use to a registered product; no
                          data review or only product chemistry
                          data; cite all data citation or
                          selective data citation where
                          applicant owns all required data; or
                          applicant submits specific
                          authorization letter from data owner.
                          Category also includes 100% re-
                          package of registered end-use or
                          manufacturing-use product that
                          requires no data submission nor data
                          matrix. (2) (3)
----------------------------------------------------------------------------------------------------------------

[[Page 136 STAT. 6047]]

 
      A531          91   New product; identical or               4                                        2,616
                          substantially similar in composition
                          and use to a registered product;
                          registered source of active
                          ingredient: selective data citation
                          only for data on product chemistry
                          and/or acute toxicity and/or public
                          health pest efficacy, where applicant
                          does not own all required data and
                          does not have a specific
                          authorization letter from data owner.
                          (2) (3)
----------------------------------------------------------------------------------------------------------------
      A532          92   New product; identical or               5                                        7,322
                          substantially similar in composition
                          and use to a registered product;
                          registered active ingredient;
                          unregistered source of active
                          ingredient; cite-all data citation
                          except for product chemistry; product
                          chemistry data submitted. (2) (3)
----------------------------------------------------------------------------------------------------------------
      A550          93   New end-use product; uses other than    9                                       18,958
                          FIFRA Sec. 2(mm); non-FQPA product.
                          (2) (3) (5)
----------------------------------------------------------------------------------------------------------------
      A560          94   New manufacturing-use product;          6                                       18,054
                          registered active ingredient;
                          selective data citation. (2) (3)
----------------------------------------------------------------------------------------------------------------

[[Page 136 STAT. 6048]]

 
      A565          95   New manufacturing-use product;          18                                      26,135
                          registered active ingredient;
                          unregistered source of active
                          ingredient; submission of new generic
                          data package; registered uses only;
                          requires science review. (2) (3)
----------------------------------------------------------------------------------------------------------------
      A572          96   New Product or amendment requiring      9                                       18,958
                          data review for risk assessment by
                          Science Branch (e.g., changes to
                          Restricted Entry Interval, or
                          Personal Protective Equipment, or use
                          rate). (2) (3) (4) (7)
----------------------------------------------------------------------------------------------------------------
      A460          97   New end-use product; FIFRA Sec. 2(mm)   5                                        7,322
                 (new)    uses only; 0 to 10 public health
                          organisms. (2) (3) (5) (6)
----------------------------------------------------------------------------------------------------------------
      A461          98   New end-use product; FIFRA Sec. 2(mm)   6                                       10,158
                 (new)    uses only; 11 to 20 public health
                          organisms. (2) (3) (5) (6)
----------------------------------------------------------------------------------------------------------------
      A462          99   New end-use product; FIFRA Sec. 2(mm)   7                                       12,995
                 (new)    uses only; 21 to 30 public health
                          organisms. (2) (3) (5) (6)
----------------------------------------------------------------------------------------------------------------
      A463         100   New end-use product; FIFRA Sec. 2(mm)   9                                       15,831
                 (new)    uses only; 31 to 40 public health
                          organisms. (2) (3) (5) (6)
----------------------------------------------------------------------------------------------------------------
      A464         101   New end-use product; FIFRA Sec. 2(mm)   10                                      18,668
                 (new)    uses only; 41 to 50 public health
                          organisms. (2) (3) (5) (6)
----------------------------------------------------------------------------------------------------------------

[[Page 136 STAT. 6049]]

 
      A465         102   New end-use product; FIFRA Sec. 2(mm)   11                                      21,505
                 (new)    uses only; 51 or more public health
                          organisms. (2) (3) (5) (6)
----------------------------------------------------------------------------------------------------------------
      A470         103   Label amendment requiring data review;  4                                        5,493
                 (new)    0 to 10 public health organisms. (3)
                          (4) (5) (6)
----------------------------------------------------------------------------------------------------------------
      A471         104   Label amendment requiring data review;  5                                        8,506
                 (new)    11 to 20 public health organisms. (3)
                          (4) (5) (6)
----------------------------------------------------------------------------------------------------------------
      A472         105   Label amendment requiring data review;  6                                       10,219
                 (new)    21 to 30 public health organisms. (3)
                          (4) (5) (6)
----------------------------------------------------------------------------------------------------------------
      A473         106   Label amendment requiring data review;  7                                       11,933
                 (new)    31 to 40 public health organisms. (3)
                          (4) (5) (6)
----------------------------------------------------------------------------------------------------------------
      A474         107   Label amendment requiring data review;  8                                       13,646
                 (new)    41 to 50 public health organisms. (3)
                          (4) (5) (6)
----------------------------------------------------------------------------------------------------------------
      A475         108   Label amendment requiring data review;  9                                       15,766
                 (new)    51 or more public health organisms.
                          (3) (4) (5) (6)
----------------------------------------------------------------------------------------------------------------
(1) A decision review time that would otherwise end on a Saturday, Sunday, or Federal holiday, will be extended
  to end on the next business day.
(2) An application for a new end-use product using a source of active ingredient that (a) is not yet registered
  but (b) has an application pending with the Agency for review, will be considered an application for a new
  product with an unregistered source of active ingredient.

[[Page 136 STAT. 6050]]

 
(3) Where the action involves approval of a new or amended label, on or before the end date of the decision
  review time, the Agency shall provide to the applicant a draft accepted label, including any changes made by
  the Agency that differ from the applicant-submitted label and relevant supporting data reviewed by the Agency.
  The applicant will notify the Agency that the applicant either (a) agrees to all of the terms associated with
  the draft accepted label as amended by the Agency and requests that it be issued as the accepted final Agency-
  stamped label; or (b) does not agree to one or more of the terms of the draft accepted label as amended by the
  Agency and requests additional time to resolve the difference(s); or (c) withdraws the application without
  prejudice for subsequent resubmission, but forfeits the associated registration service fee. For cases
  described in (b), the applicant shall have up to 30 calendar days to reach agreement with the Agency on the
  final terms of the Agency-accepted label. If the applicant agrees to all of the terms of the accepted label as
  in (a), including upon resolution of differences in (b), the Agency shall provide an accepted final Agency-
  stamped label to the registrant within 2 business days following the registrant's written or electronic
  confirmation of agreement to the Agency.
(4) (a) EPA-initiated amendments shall not be charged registration service fees. (b) Registrant-initiated fast-
  track amendments are to be completed within the timelines specified in section 3(c)(3)(B) and are not subject
  to registration service fees. (c) Registrant-initiated fast-track amendments handled by the Antimicrobials
  Division are to be completed within the timelines specified in section 3(h) and are not subject to
  registration service fees. (d) Registrant initiated amendments submitted by notification under Pesticide
  Registration (PR) Notices, such as PR Notice 98-10, continue under PR Notice timelines and are not subject to
  registration service fees. (e) Submissions with data and requiring data review are subject to registration
  service fees.
(5) The applicant must identify the substantially similar product if opting to use cite-all or the selective
  method to support acute toxicity data requirements.
(6) Once an application for an amendment or a new product with public health organisms has been submitted and
  classified into any of categories A460 through A465 or A470 through A475, additional organisms submitted for
  the same product before the first application is granted will result in combination and reclassification of
  both the original and subsequent submissions into the appropriate new category based on the sum of the number
  of organisms in both submissions. Submission of additional organisms would result in a new PRIA start date and
  may require additional fees to meet the fee of a new category.
(7) If the Administrator determines that endangered species analysis is required for this action, using guidance
  finalized according to section 33(c)(3)(B) for this specific type of action, the decision review time can be
  extended for endangered species assessment one time only for up to 50%, upon written notification to the
  applicant, prior to completion of the technical screening. To the extent practicable, any reason for
  renegotiation should be resolved during the same extension.



            ``TABLE 10. -- ANTIMICROBIAL DIVISION (AD) -- EXPERIMENTAL USE PERMITS AND OTHER ACTIONS
----------------------------------------------------------------------------------------------------------------
                                                                                                   Registration
  EPA  No.     New  CR                   Action                       Decision  Review Time        Service Fee
                 No.                                                       (Months)(1)                 ($)
----------------------------------------------------------------------------------------------------------------
      A520         109   Experimental Use Permit application,    9                                        9,151
                          non-food use. (2) (3)
----------------------------------------------------------------------------------------------------------------

[[Page 136 STAT. 6051]]

 
      A521         110   Review of public health efficacy study  6                                        6,776
                          protocol within AD, per AD Internal
                          Guidance for the Efficacy Protocol
                          Review Process; Code will also
                          include review of public health
                          efficacy study protocol; applicant-
                          initiated; Tier 1.
----------------------------------------------------------------------------------------------------------------
      A522         111   Review of public health efficacy study  12                                      17,424
                          protocol outside AD by members of AD
                          Efficacy Protocol Review Expert
                          Panel; Code will also include review
                          of public health efficacy study
                          protocol; applicant-initiated; Tier
                          2.
----------------------------------------------------------------------------------------------------------------
      A537         112   New Active Ingredient/New Use,          18                                     219,512
                          Experimental Use Permit application;
                          Direct food use; Establish tolerance
                          or tolerance exemption if required.
                          Credit 45% of fee toward new active
                          ingredient/new use application that
                          follows. (3)
----------------------------------------------------------------------------------------------------------------
      A538         113   New Active Ingredient/New Use,          18                                     137,198
                          Experimental Use Permit application;
                          Indirect food use; Establish
                          tolerance or tolerance exemption if
                          required Credit 45% of fee toward new
                          active ingredient/new use application
                          that follows. (3)
----------------------------------------------------------------------------------------------------------------

[[Page 136 STAT. 6052]]

 
      A539         114   New Active Ingredient/New Use,          15                                     132,094
                          Experimental Use Permit application;
                          Nonfood use. Credit 45% of fee toward
                          new active ingredient/new use
                          application that follows. (3)
----------------------------------------------------------------------------------------------------------------
      A529         115   Amendment to Experimental Use Permit;   9                                       16,383
                          requires data review or risk
                          assessment. (2) (3)
----------------------------------------------------------------------------------------------------------------
      A523         116   Review of protocol other than a public  9                                       17,424
                          health efficacy study (i.e.,
                          Toxicology or Exposure Protocols).
----------------------------------------------------------------------------------------------------------------
      A571         117   Science reassessment: refined           18                                     137,198
                          ecological risk, and/or endangered
                          species; applicant-initiated. (3)
----------------------------------------------------------------------------------------------------------------
      A533         118   Exemption from the requirement of an    4                                        3,559
                          Experimental Use Permit. (2)
----------------------------------------------------------------------------------------------------------------
      A534         119   Rebuttal of Agency reviewed protocol,   4                                        6,776
                          applicant initiated.
----------------------------------------------------------------------------------------------------------------
      A535         120   Conditional ruling on pre-application   6                                        3,454
                          study waiver or data bridging
                          argument; applicant-initiated.
----------------------------------------------------------------------------------------------------------------
      A536         121   Conditional ruling on pre-application   4                                        3,559
                          direct food, indirect food, nonfood
                          use determination; applicant-
                          initiated.
----------------------------------------------------------------------------------------------------------------

[[Page 136 STAT. 6053]]

 
      A575         122   Efficacy similarity determination; if   4                                        3,389
                 (new)    two products can be bridged or if
                          confirmatory efficacy data are
                          needed.
----------------------------------------------------------------------------------------------------------------
(1) A decision review time that would otherwise end on a Saturday, Sunday, or Federal holiday, will be extended
  to end on the next business day.
(2) Where the action involves approval of a new or amended label, on or before the end date of the decision
  review time, the Agency shall provide to the applicant a draft accepted label, including any changes made by
  the Agency that differ from the applicant-submitted label and relevant supporting data reviewed by the Agency.
  The applicant will notify the Agency that the applicant either (a) agrees to all of the terms associated with
  the draft accepted label as amended by the Agency and requests that it be issued as the accepted final Agency-
  stamped label; or (b) does not agree to one or more of the terms of the draft accepted label as amended by the
  Agency and requests additional time to resolve the difference(s); or (c) withdraws the application without
  prejudice for subsequent resubmission, but forfeits the associated registration service fee. For cases
  described in (b), the applicant shall have up to 30 calendar days to reach agreement with the Agency on the
  final terms of the Agency-accepted label. If the applicant agrees to all of the terms of the accepted label as
  in (a), including upon resolution of differences in (b), the Agency shall provide an accepted final Agency-
  stamped label to the registrant within 2 business days following the registrant's written or electronic
  confirmation of agreement to the Agency.
3) If the Administrator determines that endangered species analysis is required for this action, using guidance
  finalized according to section 33(c)(3)(B) for this specific type of action, the decision review time can be
  extended for endangered species assessment one time only for up to 50%, upon written notification to the
  applicant, prior to completion of the technical screening. To the extent practicable, any reason for
  renegotiation should be resolved during the same extension.



         ``TABLE 11. -- BIOPESTICIDES AND POLLUTION PREVENTION DIVISION (BPPD) -- NEW ACTIVE INGREDIENTS
----------------------------------------------------------------------------------------------------------------
                                                                                                   Registration
  EPA  No.     New  CR                   Action                       Decision  Review Time        Service Fee
                 No.                                                       (Months)(1)                 ($)
----------------------------------------------------------------------------------------------------------------
      B580         123   New active ingredient; petition to      22                                      73,173
                          establish a tolerance. (2) (3) (4)
----------------------------------------------------------------------------------------------------------------
      B590         124   New active ingredient; petition to      20                                      45,737
                          establish a tolerance exemption. (2)
                          (3) (4)
----------------------------------------------------------------------------------------------------------------

[[Page 136 STAT. 6054]]

 
      B600         125   New active ingredient; no change to a   15                                      27,443
                          permanent tolerance or tolerance
                          exemption (includes non-food uses).
                          (2) (3) (4)
----------------------------------------------------------------------------------------------------------------
      B610         126   New active ingredient; Experimental     12                                      18,296
                          Use Permit application; petition to
                          establish a permanent or temporary
                          tolerance or temporary tolerance
                          exemption. (3) (4)
----------------------------------------------------------------------------------------------------------------
      B620         127   New active ingredient; Experimental     9                                        9,151
                          Use Permit application; non-food use
                          (includes crop destruct). (3) (4)
----------------------------------------------------------------------------------------------------------------
(1) A decision review time that would otherwise end on a Saturday, Sunday, or Federal holiday, will be extended
  to end on the next business day.
(2) All requests for new uses (food and/or nonfood) contained in any application for a new active ingredient or
  a first food use are covered by the base fee for that new active ingredient or first food use application and
  retain the same decision time review period as the new active ingredient or first food use application. The
  application must be received by the Agency in one package. The base fee for the category covers a maximum of
  five new products. Each application for an additional new product registration and new inert approval that is
  submitted in the new active ingredient application package or first food use application package is subject to
  the registration service fee for a new product or a new inert approval. All such associated applications that
  are submitted together will be subject to the new active ingredient or first food use decision review time. In
  the case of a new active ingredient application, until that new active ingredient is approved, any subsequent
  application for another new product containing the same active ingredient or an amendment to the proposed
  labeling will be deemed a new active ingredient application, subject to the registration service fee and
  decision review time for a new active ingredient. In the case of a first food use application, until that
  first food use is approved, any subsequent application for an additional new food use or uses will be subject
  to the registration service fee and decision review time for a first food use. Any information that (a) was
  neither requested nor required by the Agency, and (b) is submitted by the applicant at the applicant's
  initiative to support the application after completion of the preliminary technical screening, and (c) is not
  itself a covered registration application, must be assessed 25% of the full registration service fee for the
  new active ingredient or first food use application.

[[Page 136 STAT. 6055]]

 
(3) Where the action involves approval of a new or amended label, on or before the end date of the decision
  review time, the Agency shall provide to the applicant a draft accepted label, including any changes made by
  the Agency that differ from the applicant-submitted label and relevant supporting data reviewed by the Agency.
  The applicant will notify the Agency that the applicant either (a) agrees to all of the terms associated with
  the draft accepted label as amended by the Agency and requests that it be issued as the accepted final Agency-
  stamped label; or (b) does not agree to one or more of the terms of the draft accepted label as amended by the
  Agency and requests additional time to resolve the difference(s); or (c) withdraws the application without
  prejudice for subsequent resubmission, but forfeits the associated registration service fee. For cases
  described in (b), the applicant shall have up to 30 calendar days to reach agreement with the Agency on the
  final terms of the Agency-accepted label. If the applicant agrees to all of the terms of the accepted label as
  in (a), including upon resolution of differences in (b), the Agency shall provide an accepted final Agency-
  stamped label to the registrant within 2 business days following the registrant's written or electronic
  confirmation of agreement to the Agency.
(4) If the Administrator determines that endangered species analysis is required for this action, using guidance
  finalized according to section 33(c)(3)(B) for this specific type of action, the decision review time can be
  extended for endangered species assessment one time only for up to 50%, upon written notification to the
  applicant, prior to completion of the technical screening. To the extent practicable, any reason for
  renegotiation should be resolved during the same extension.



                ``TABLE 12. -- BIOPESTICIDES AND POLLUTION PREVENTION DIVISION (BPPD) -- NEW USES
----------------------------------------------------------------------------------------------------------------
                                                                                                   Registration
  EPA  No.     New  CR                   Action                       Decision  Review Time        Service Fee
                 No.                                                       (Months)(1)                 ($)
----------------------------------------------------------------------------------------------------------------
      B630         128   First food use; petition to establish/  13                                      18,296
                          amend a tolerance exemption. (2) (4)
                          (5)
----------------------------------------------------------------------------------------------------------------
      B640         129   First food use; petition to establish/  19                                      27,443
                          amend a tolerance. (2) (4) (5)
----------------------------------------------------------------------------------------------------------------
      B644         130   New use, no change to an established    8                                       18,296
                          tolerance or tolerance exemption
                          (includes non-food uses). (3) (4) (5)
----------------------------------------------------------------------------------------------------------------
      B645         131   New use; Experimental Use Permit;       12                                      18,296
                          petition to establish a permanent or
                          temporary tolerance or tolerance
                          exemption. (4) (5)
----------------------------------------------------------------------------------------------------------------
      B646         132   New use; Experimental Use Permit; non-  7                                        9,151
                          food use (includes crop destruct).
                          (4) (5)
----------------------------------------------------------------------------------------------------------------
(1) A decision review time that would otherwise end on a Saturday, Sunday, or Federal holiday, will be extended
  to end on the next business day.

[[Page 136 STAT. 6056]]

 
(2) All requests for new uses (food and/or nonfood) contained in any application for a new active ingredient or
  a first food use are covered by the base fee for that new active ingredient or first food use application and
  retain the same decision time review period as the new active ingredient or first food use application. The
  application must be received by the Agency in one package. The base fee for the category covers a maximum of
  five new products. Each application for an additional new product registration and new inert approval that is
  submitted in the new active ingredient application package or first food use application package is subject to
  the registration service fee for a new product or a new inert approval. All such associated applications that
  are submitted together will be subject to the new active ingredient or first food use decision review time. In
  the case of a new active ingredient application, until that new active ingredient is approved, any subsequent
  application for another new product containing the same active ingredient or an amendment to the proposed
  labeling will be deemed a new active ingredient application, subject to the registration service fee and
  decision review time for a new active ingredient. In the case of a first food use application, until that
  first food use is approved, any subsequent application for an additional new food use or uses will be subject
  to the registration service fee and decision review time for a first food use. Any information that (a) was
  neither requested nor required by the Agency, and (b) is submitted by the applicant at the applicant's
  initiative to support the application after completion of the preliminary technical screening, and (c) is not
  itself a covered registration application, must be assessed 25% of the full registration service fee for the
  new active ingredient or first food use application.
(3) Amendment applications to add the new use(s) to registered product labels are covered by the base fee for
  the new use(s). All items in the covered application must be submitted together in one package. Each
  application for an additional new product registration and new inert approval(s) that is submitted in the new
  use application package is subject to the registration service fee for a new product or a new inert approval.
  However, if a new use application only proposes to register the new use for a new product and there are no
  amendments in the application, then review of one new product application is covered by the new use fee. All
  such associated applications that are submitted together will be subject to the new use decision review time.
  Any application for a new product or an amendment to the proposed labeling (a) submitted subsequent to
  submission of the new use application and (b) prior to conclusion of its decision review time and (c)
  containing the same new uses, will be deemed a separate new-use application, subject to a separate
  registration service fee and new decision review time for a new use. If the new-use application includes non-
  food (indoor and/or outdoor), and food (outdoor and/or indoor) uses, the appropriate fee is due for each type
  of new use and the longest decision review time applies to all of the new uses requested in the application.
  Any information that (a) was neither requested nor required by the Agency, and (b) is submitted by the
  applicant at the applicant's initiative to support the application after completion of the preliminary
  technical screen, and (c) is not itself a covered registration application, must be assessed 25% of the full
  registration service fee for the new use application.
(4) Where the action involves approval of a new or amended label, on or before the end date of the decision
  review time, the Agency shall provide to the applicant a draft accepted label, including any changes made by
  the Agency that differ from the applicant-submitted label and relevant supporting data reviewed by the Agency.
  The applicant will notify the Agency that the applicant either (a) agrees to all of the terms associated with
  the draft accepted label as amended by the Agency and requests that it be issued as the accepted final Agency-
  stamped label; or (b) does not agree to one or more of the terms of the draft accepted label as amended by the
  Agency and requests additional time to resolve the difference(s); or (c) withdraws the application without
  prejudice for subsequent resubmission, but forfeits the associated registration service fee. For cases
  described in (b), the applicant shall have up to 30 calendar days to reach agreement with the Agency on the
  final terms of the Agency-accepted label. If the applicant agrees to all of the terms of the accepted label as
  in (a), including upon resolution of differences in (b), the Agency shall provide an accepted final Agency-
  stamped label to the registrant within 2 business days following the registrant's written or electronic
  confirmation of agreement to the Agency.
(5) If the Administrator determines that endangered species analysis is required for this action, using guidance
  finalized according to section 33(c)(3)(B) for this specific type of action, the decision review time can be
  extended for endangered species assessment one time only for up to 50%, upon written notification to the
  applicant, prior to completion of the technical screening. To the extent practicable, any reason for
  renegotiation should be resolved during the same extension.



[[Page 136 STAT. 6057]]


              ``TABLE 13. -- BIOPESTICIDES AND POLLUTION PREVENTION DIVISION (BPPD) -- NEW PRODUCTS
----------------------------------------------------------------------------------------------------------------
                                                                                                   Registration
  EPA  No.     New  CR                   Action                       Decision  Review Time        Service Fee
                 No.                                                       (Months)(1)                 ($)
----------------------------------------------------------------------------------------------------------------
      B660         133   New product; registered source of       6                                        1,833
                          active ingredient(s); identical or
                          substantially similar in composition
                          and use to a registered product; no
                          change in an established tolerance or
                          tolerance exemption; no data
                          submission or data matrix (or
                          submission of product chemistry data
                          only). (2) (3)
----------------------------------------------------------------------------------------------------------------
      B670         134   New product; registered source of       9                                        7,322
                          active ingredient(s); no change in an
                          established tolerance or tolerance
                          exemption; (including non-food); Must
                          address Product-Specific Data
                          Requirements. (2) (3)
----------------------------------------------------------------------------------------------------------------
      B672         135   New product; unregistered source of at  15                                      13,069
                          least one active ingredient (or
                          registered source with new generic
                          data package); no change in an
                          established tolerance or tolerance
                          exemption (including non-food); must
                          address Product-Specific and Generic
                          Data Requirements. (2) (3)
----------------------------------------------------------------------------------------------------------------

[[Page 136 STAT. 6058]]

 
      B673         136   New product; unregistered source of     12                                       7,322
                          active ingredient(s); citation of
                          Technical Grade Active Ingredient
                          (TGAI) data previously reviewed and
                          accepted by the Agency; requires an
                          Agency determination that the cited
                          data support the new product. (2) (3)
----------------------------------------------------------------------------------------------------------------
      B674         137   New product; repack of identical        4                                        1,833
                          registered end-use product or repack
                          of an end-use product as a
                          manufacturing-use product; same
                          registered uses only. (2) (3)
----------------------------------------------------------------------------------------------------------------
      B677         138   New end-use non-food animal product     12                                      12,643
                          with submission of two or more target
                          animal safety studies; includes data
                          and/or waivers of data for only:
                         1. product chemistry and/or
                         2. acute toxicity and/or
                         3. public health pest efficacy and/or
                         4. animal safety studies and/or
                         5. child resistant packaging. (2) (3)
----------------------------------------------------------------------------------------------------------------
(1) A decision review time that would otherwise end on a Saturday, Sunday, or Federal holiday, will be extended
  to end on the next business day.
(2) An application for a new end-use product using a source of active ingredient that (a) is not yet registered
  but (b) has an application pending with the Agency for review, will be considered an application for a new
  product with an unregistered source of active ingredient.

[[Page 136 STAT. 6059]]

 
(3) Where the action involves approval of a new or amended label, on or before the end date of the decision
  review time, the Agency shall provide to the applicant a draft accepted label, including any changes made by
  the Agency that differ from the applicant-submitted label and relevant supporting data reviewed by the Agency.
  The applicant will notify the Agency that the applicant either (a) agrees to all of the terms associated with
  the draft accepted label as amended by the Agency and requests that it be issued as the accepted final Agency-
  stamped label; or (b) does not agree to one or more of the terms of the draft accepted label as amended by the
  Agency and requests additional time to resolve the difference(s); or (c) withdraws the application without
  prejudice for subsequent resubmission, but forfeits the associated registration service fee. For cases
  described in (b), the applicant shall have up to 30 calendar days to reach agreement with the Agency on the
  final terms of the Agency-accepted label. If the applicant agrees to all of the terms of the accepted label as
  in (a), including upon resolution of differences in (b), the Agency shall provide an accepted final Agency-
  stamped label to the registrant within 2 business days following the registrant's written or electronic
  confirmation of agreement to the Agency.



               ``TABLE 14. -- BIOPESTICIDES AND POLLUTION PREVENTION DIVISION (BPPD) -- AMENDMENTS
----------------------------------------------------------------------------------------------------------------
                                                                                                   Registration
  EPA  No.     New  CR                   Action                       Decision  Review Time        Service Fee
                 No.                                                       (Months)(1)                 ($)
----------------------------------------------------------------------------------------------------------------
      B621         139   Amendment; Experimental Use Permit; no  7                                        7,322
                          change to an established temporary or
                          permanent tolerance or tolerance
                          exemption. (3) (4)
----------------------------------------------------------------------------------------------------------------
      B622         140   Amendment; Experimental Use Permit;     11                                      18,296
                          petition to amend a permanent or
                          temporary tolerance or tolerance
                          exemption. (3) (4)
----------------------------------------------------------------------------------------------------------------
      B641         141   Amendment; changes to an established    13                                      18,296
                          tolerance or tolerance exemption. (4)
----------------------------------------------------------------------------------------------------------------
      B680         142   Amendment; registered sources of        5                                        7,322
                          active ingredient(s); no new use(s);
                          no changes to an established
                          tolerance or tolerance exemption;
                          requires data submission. (2) (3)
----------------------------------------------------------------------------------------------------------------

[[Page 136 STAT. 6060]]

 
      B681         143   Amendment; unregistered source of       7                                        8,714
                          active ingredient(s); no change to an
                          established tolerance or tolerance
                          exemption; requires data submission.
                          (2) (3)
----------------------------------------------------------------------------------------------------------------
      B683         144   Amendment; no change to an established  6                                        7,322
                          tolerance or tolerance exemption;
                          requires review/update of previous
                          risk assessment(s) without data
                          submission (e.g., labeling changes to
                          Restricted Entry Interval, Personal
                          Protective Equipment, Preharvest
                          Interval). (2) (3)
----------------------------------------------------------------------------------------------------------------
      B684         145   Amending non-food animal product that   8                                       12,643
                          includes submission of target animal
                          safety data; previously registered.
                          (2) (3)
----------------------------------------------------------------------------------------------------------------
      B685         146   Amendment; add a new biochemical        5                                        7,322
                          unregistered source of active
                          ingredient or a new microbial
                          production site; requires submission
                          of analysis of samples data and
                          source/production site-specific
                          manufacturing process description.
                          (3)
----------------------------------------------------------------------------------------------------------------
(1) A decision review time that would otherwise end on a Saturday, Sunday, or Federal holiday, will be extended
  to end on the next business day.

[[Page 136 STAT. 6061]]

 
(2) (a) EPA-initiated amendments shall not be charged registration service fees. (b) Registrant-initiated fast-
  track amendments are to be completed within the timelines specified in section 3(c)(3)(B) and are not subject
  to registration service fees. (c) Registrant-initiated fast-track amendments handled by the Antimicrobials
  Division are to be completed within the timelines specified in section 3(h) and are not subject to
  registration service fees. (d) Registrant initiated amendments submitted by notification under Pesticide
  Registration (PR) Notices, such as PR Notice 98-10, continue under PR Notice timelines and are not subject to
  registration service fees. (e) Submissions with data and requiring data review are subject to registration
  service fees.
(3) Where the action involves approval of a new or amended label, on or before the end date of the decision
  review time, the Agency shall provide to the applicant a draft accepted label, including any changes made by
  the Agency that differ from the applicant-submitted label and relevant supporting data reviewed by the Agency.
  The applicant will notify the Agency that the applicant either (a) agrees to all of the terms associated with
  the draft accepted label as amended by the Agency and requests that it be issued as the accepted final Agency-
  stamped label; or (b) does not agree to one or more of the terms of the draft accepted label as amended by the
  Agency and requests additional time to resolve the difference(s); or (c) withdraws the application without
  prejudice for subsequent resubmission, but forfeits the associated registration service fee. For cases
  described in (b), the applicant shall have up to 30 calendar days to reach agreement with the Agency on the
  final terms of the Agency-accepted label. If the applicant agrees to all of the terms of the accepted label as
  in (a), including upon resolution of differences in (b), the Agency shall provide an accepted final Agency-
  stamped label to the registrant within 2 business days following the registrant's written or electronic
  confirmation of agreement to the Agency.
(4) If the Administrator determines that endangered species analysis is required for this action, using guidance
  finalized according to section 33(c)(3)(B) for this specific type of action, the decision review time can be
  extended for endangered species assessment one time only for up to 50%, upon written notification to the
  applicant, prior to completion of the technical screening. To the extent practicable, any reason for
  renegotiation should be resolved during the same extension.



 ``TABLE 15. -- BIOPESTICIDES AND POLLUTION PREVENTION DIVISION (BPPD) -- STRAIGHT-CHAIN LEPIDOPTERAN PHEROMONES
                                                     (SCLP)
----------------------------------------------------------------------------------------------------------------
                                                                                                   Registration
  EPA  No.     New  CR                   Action                       Decision  Review Time        Service Fee
                 No.                                                       (Months)(1)                 ($)
----------------------------------------------------------------------------------------------------------------
      B690         147   SCLP; new active ingredient; food or    7                                        3,662
                          non-food use. (2) (6) (7)
----------------------------------------------------------------------------------------------------------------
      B700         148   SCLP; Experimental Use Permit           7                                        1,833
                          application; new active ingredient or
                          new use. (6) (7)
----------------------------------------------------------------------------------------------------------------
      B701         149   SCLP; Extend or amend Experimental Use  4                                        1,833
                          Permit. (6) (7)
----------------------------------------------------------------------------------------------------------------

[[Page 136 STAT. 6062]]

 
      B710         150   SCLP; new product; registered source    4                                        1,833
                          of active ingredient(s); identical or
                          substantially similar in composition
                          and use to a registered product; no
                          change in an established tolerance or
                          tolerance exemption; no data
                          submission or data matrix (or only
                          product chemistry data); (Includes
                          100% re-pack; repack of registered
                          end-use product as a manufacturing-
                          use product). (3) (6)
----------------------------------------------------------------------------------------------------------------
      B720         151   SCLP; new product; registered source    5                                        1,833
                          of active ingredient(s); no change in
                          an established tolerance or tolerance
                          exemption (including non-food); Must
                          address Product-Specific Data
                          Requirements. (3) (6)
----------------------------------------------------------------------------------------------------------------
      B721         152   SCLP: new product; unregistered source  7                                        3,836
                          of active ingredient; no change in an
                          established tolerance or tolerance
                          exemption (including non-food); must
                          address Product-Specific and Generic
                          Data Requirements. (3) (6)
----------------------------------------------------------------------------------------------------------------
      B722         153   SCLP; new use and/or amendment;         7                                        3,552
                          petition to establish a tolerance or
                          tolerance exemption. (4) (5) (6) (7)
----------------------------------------------------------------------------------------------------------------

[[Page 136 STAT. 6063]]

 
      B730         154   SCLP; amendment requiring data          5                                        1,833
                          submission. (4) (6)
----------------------------------------------------------------------------------------------------------------
(1) A decision review time that would otherwise end on a Saturday, Sunday, or Federal holiday, will be extended
  to end on the next business day.
(2) All requests for new uses (food and/or nonfood) contained in any application for a new active ingredient or
  a first food use are covered by the base fee for that new active ingredient or first food use application and
  retain the same decision time review period as the new active ingredient or first food use application. The
  application must be received by the Agency in one package. The base fee for the category covers a maximum of
  five new products. Each application for an additional new product registration and new inert approval that is
  submitted in the new active ingredient application package or first food use application package is subject to
  the registration service fee for a new product or a new inert approval. All such associated applications that
  are submitted together will be subject to the new active ingredient or first food use decision review time. In
  the case of a new active ingredient application, until that new active ingredient is approved, any subsequent
  application for another new product containing the same active ingredient or an amendment to the proposed
  labeling will be deemed a new active ingredient application, subject to the registration service fee and
  decision review time for a new active ingredient. In the case of a first food use application, until that
  first food use is approved, any subsequent application for an additional new food use or uses will be subject
  to the registration service fee and decision review time for a first food use. Any information that (a) was
  neither requested nor required by the Agency, and (b) is submitted by the applicant at the applicant's
  initiative to support the application after completion of the preliminary technical screening, and (c) is not
  itself a covered registration application, must be assessed 25% of the full registration service fee for the
  new active ingredient or first food use application.
(3) An application for a new end-use product using a source of active ingredient that (a) is not yet registered
  but (b) has an application pending with the Agency for review, will be considered an application for a new
  product with an unregistered source of active ingredient.
(4) (a) EPA-initiated amendments shall not be charged registration service fees. (b) Registrant-initiated fast-
  track amendments are to be completed within the timelines specified in section 3(c)(3)(B) and are not subject
  to registration service fees. (c) Registrant-initiated fast-track amendments handled by the Antimicrobials
  Division are to be completed within the timelines specified in section 3(h) and are not subject to
  registration service fees. (d) Registrant initiated amendments submitted by notification under Pesticide
  Registration (PR) Notices, such as PR Notice 98-10, continue under PR Notice timelines and are not subject to
  registration service fees. (e) Submissions with data and requiring data review are subject to registration
  service fees.

[[Page 136 STAT. 6064]]

 
(5) Amendment applications to add the new use(s) to registered product labels are covered by the base fee for
  the new use(s). All items in the covered application must be submitted together in one package. Each
  application for an additional new product registration and new inert approval(s) that is submitted in the new
  use application package is subject to the registration service fee for a new product or a new inert approval.
  However, if a new use application only proposes to register the new use for a new product and there are no
  amendments in the application, then review of one new product application is covered by the new use fee. All
  such associated applications that are submitted together will be subject to the new use decision review time.
  Any application for a new product or an amendment to the proposed labeling (a) submitted subsequent to
  submission of the new use application and (b) prior to conclusion of its decision review time and (c)
  containing the same new uses, will be deemed a separate new-use application, subject to a separate
  registration service fee and new decision review time for a new use. If the new-use application includes non-
  food (indoor and/or outdoor), and food (outdoor and/or indoor) uses, the appropriate fee is due for each type
  of new use and the longest decision review time applies to all of the new uses requested in the application.
  Any information that (a) was neither requested nor required by the Agency, and (b) is submitted by the
  applicant at the applicant's initiative to support the application after completion of the preliminary
  technical screening, and (c) is not itself a covered registration application, must be assessed 25% of the
  full registration service fee for the new use application.
(6) Where the action involves approval of a new or amended label, on or before the end date of the decision
  review time, the Agency shall provide to the applicant a draft accepted label, including any changes made by
  the Agency that differ from the applicant-submitted label and relevant supporting data reviewed by the Agency.
  The applicant will notify the Agency that the applicant either (a) agrees to all of the terms associated with
  the draft accepted label as amended by the Agency and requests that it be issued as the accepted final Agency-
  stamped label; or (b) does not agree to one or more of the terms of the draft accepted label as amended by the
  Agency and requests additional time to resolve the difference(s); or (c) withdraws the application without
  prejudice for subsequent resubmission, but forfeits the associated registration service fee. For cases
  described in (b), the applicant shall have up to 30 calendar days to reach agreement with the Agency on the
  final terms of the Agency-accepted label. If the applicant agrees to all of the terms of the accepted label as
  in (a), including upon resolution of differences in (b), the Agency shall provide an accepted final Agency-
  stamped label to the registrant within 2 business days following the registrant's written or electronic
  confirmation of agreement to the Agency.
(7) If the Administrator determines that endangered species analysis is required for this action, using guidance
  finalized according to section 33(c)(3)(B) for this specific type of action, the decision review time can be
  extended for endangered species assessment one time only for up to 50%, upon written notification to the
  applicant, prior to completion of the technical screening. To the extent practicable, any reason for
  renegotiation should be resolved during the same extension.



             ``TABLE 16. -- BIOPESTICIDES AND POLLUTION PREVENTION DIVISION (BPPD) -- OTHER ACTIONS
----------------------------------------------------------------------------------------------------------------
                                                                                                   Registration
  EPA  No.     New  CR                   Action                       Decision  Review Time        Service Fee
                 No.                                                       (Months)(1)                 ($)
----------------------------------------------------------------------------------------------------------------
      B614         155   Pre-application; Conditional Ruling on  3                                        3,627
                          rationales for addressing a data
                          requirement in lieu of data;
                          applicant-initiated; applies to one
                          (1) rationale at a time.
----------------------------------------------------------------------------------------------------------------

[[Page 136 STAT. 6065]]

 
      B682         156   Protocol review; applicant initiated;   3                                        3,487
                          excludes time for Human Studies
                          Review Board review (Includes
                          rebuttal of protocol review).
----------------------------------------------------------------------------------------------------------------
      B616         157   Pre-application; Conditional Ruling on  5                                        4,715
                 (new)    a non-food use determination.
----------------------------------------------------------------------------------------------------------------
      B617         158   Pre-application; biochemical            5                                        4,715
                 (new)    classification determination.
----------------------------------------------------------------------------------------------------------------
(1) A decision review time that would otherwise end on a Saturday, Sunday, or Federal holiday, will be extended
  to end on the next business day.



  ``TABLE 17. -- BIOPESTICIDES AND POLLUTION PREVENTION DIVISION (BPPD) -- PLANT-INCORPORATED PROTECTANTS (PIP)
----------------------------------------------------------------------------------------------------------------
                                                                                                   Registration
  EPA  No.     New  CR                   Action                       Decision  Review Time        Service Fee
                 No.                                                       (Months)(1)                 ($)
----------------------------------------------------------------------------------------------------------------
      B740         159   Experimental Use Permit application;    9                                      137,198
                          no petition for tolerance/tolerance
                          exemption; includes:
                         1. non-food/feed use(s) for a new (2)
                          or registered (3) PIP (12);
                         2. food/feed use(s) for a new or
                          registered PIP with crop destruct;
                         3. food/feed use(s) for a new or
                          registered PIP in which an
                          established tolerance/tolerance
                          exemption exists for the intended
                          use(s). (4) (5) (12)
----------------------------------------------------------------------------------------------------------------

[[Page 136 STAT. 6066]]

 
      B750         160   Experimental Use Permit application;    12                                     182,927
                          with a petition to establish a
                          temporary or permanent tolerance/
                          tolerance exemption for the active
                          ingredient. Includes new food/feed
                          use for a registered (3) PIP. (4)
                          (12)
----------------------------------------------------------------------------------------------------------------
      B771         161   Experimental Use Permit application;    13                                     182,927
                          new (2) PIP; with petition to
                          establish a temporary tolerance/
                          tolerance exemption for the active
                          ingredient; credit 75% of B771 fee
                          toward registration application for a
                          new active ingredient that follows.
                          (5) (12)
----------------------------------------------------------------------------------------------------------------
      B772         162   Application to amend or extend a PIP    3                                       18,296
                          Experimental Use Permit; no petition
                          since the established tolerance/
                          tolerance exemption for the active
                          ingredient is unaffected. (12)
----------------------------------------------------------------------------------------------------------------
      B773         163   Application to amend or extend a PIP    9                                       45,737
                          Experimental Use Permit; with
                          petition to extend a temporary
                          tolerance/tolerance exemption for the
                          active ingredient. (12)
----------------------------------------------------------------------------------------------------------------

[[Page 136 STAT. 6067]]

 
      B780         164   Registration application; new (2) PIP;  16                                     228,657
                          non-food/feed or food/feed without
                          tolerance petition based on an
                          existing permanent tolerance
                          exemption. (5) (12) (14)
----------------------------------------------------------------------------------------------------------------
      B800         165   Registration application; new (2) PIP;  17                                     246,949
                          with petition to establish permanent
                          tolerance/tolerance exemption for the
                          active ingredient based on an
                          existing temporary tolerance/
                          tolerance exemption. (5) (12) (14)
----------------------------------------------------------------------------------------------------------------
      B820         166   Registration application; new (2) PIP;  19                                     292,682
                          with petition to establish or amend a
                          permanent tolerance/tolerance
                          exemption of an active ingredient.
                          (5) (12) (14)
----------------------------------------------------------------------------------------------------------------
      B851         167   Registration application; new event of  9                                      182,927
                          a previously registered PIP active
                          ingredient(s); no petition since
                          permanent tolerance/tolerance
                          exemption is already established for
                          the active ingredient(s). (12)
----------------------------------------------------------------------------------------------------------------

[[Page 136 STAT. 6068]]

 
      B870         168   Registration application; registered    9                                       54,881
                          (3) PIP; new product; new use; no
                          petition since a permanent tolerance/
                          tolerance exemption is already
                          established for the active
                          ingredient(s). (4) (12) (14)
----------------------------------------------------------------------------------------------------------------
      B880         169   Registration application; registered    9                                       45,737
                          (3) PIP; new product or new terms of
                          registration; additional data
                          submitted; no petition since a
                          permanent tolerance/tolerance
                          exemption is already established for
                          the active ingredient(s). (5) (6) (7)
                          (12) (14)
----------------------------------------------------------------------------------------------------------------
      B883         170   Registration application; new (2) PIP,  13                                     182,927
                          seed increase with negotiated acreage
                          cap and time-limited registration;
                          with petition to establish a
                          permanent tolerance/tolerance
                          exemption for the active ingredient
                          based on an existing temporary
                          tolerance/tolerance exemption. (5)
                          (8) (12) (14)
----------------------------------------------------------------------------------------------------------------

[[Page 136 STAT. 6069]]

 
      B884         171   Registration application; new (2) PIP,  19                                     228,657
                          seed increase with negotiated acreage
                          cap and time-limited registration;
                          with petition to establish a
                          permanent tolerance/tolerance
                          exemption for the active ingredient.
                          (5) (8) (12) (14)
----------------------------------------------------------------------------------------------------------------
      B885         172   Registration application; registered    6                                       45,737
                          (2) PIP, seed increase; breeding
                          stack of previously approved PIPs,
                          same crop; no petition since a
                          permanent tolerance/tolerance
                          exemption is already established for
                          the active ingredient(s). (9) (12)
----------------------------------------------------------------------------------------------------------------
      B890         173   Application to amend a seed increase    9                                       91,465
                          registration; converts registration
                          to commercial registration; no
                          petition since permanent tolerance/
                          tolerance exemption is already
                          established for the active
                          ingredient(s). (5) (12) (14)
----------------------------------------------------------------------------------------------------------------
      B900         174   Application to amend a registration,    6                                       18,296
                          including actions such as modifying
                          an IRM plan, or adding an insect to
                          be controlled. (5) (10) (11) (12)
----------------------------------------------------------------------------------------------------------------
      B902         175   PIP Protocol review.                    3                                        9,151
----------------------------------------------------------------------------------------------------------------

[[Page 136 STAT. 6070]]

 
      B903         176   Inert ingredient permanent tolerance    12                                      91,465
                          exemption; e.g., a marker such as NPT
                          II; reviewed in BPPD.
----------------------------------------------------------------------------------------------------------------
      B904         177   Import tolerance or tolerance           12                                     182,927
                          exemption; processed commodities/food
                          only (inert or active ingredient).
----------------------------------------------------------------------------------------------------------------
      B905         178   FIFRA Scientific Advisory Panel         6                                       91,465
                          Review.
----------------------------------------------------------------------------------------------------------------
      B906         179   Petition to establish a temporary       9                                       45,733
                          tolerance/tolerance exemption for one
                          or more active ingredients.
----------------------------------------------------------------------------------------------------------------
      B907         180   Petition to establish a permanent       9                                       18,296
                          tolerance/tolerance exemption for one
                          or more active ingredients based on
                          an existing temporary tolerance/
                          tolerance exemption.
----------------------------------------------------------------------------------------------------------------
      B909         181   PIP tolerance exemption determination;  6                                       18,296
                 (new)    applicant-initiated; request to
                          determine if an existing tolerance
                          exemption applies to a PIP.
----------------------------------------------------------------------------------------------------------------
      B910         182   Biotechnology Notification for small-   3                                        9,151
                 (new)    scale field testing of genetically
                          engineered microbes.
----------------------------------------------------------------------------------------------------------------

[[Page 136 STAT. 6071]]

 
      B921         183   Experimental Use Permit application;    12                                     182,927
                 (new)    genetic modifications in animals
                          intended for use as a pesticide
                          (e.g., for pest population control);
                          non-food/feed. This category would
                          cover substances produced and used in
                          animals that are intended for use as
                          a pesticide, such as for pest
                          population control, including the
                          genetic material in such animals.
                          Credit 75% of B921 fee toward
                          registration application for the new
                          active ingredient that follows
                          (B922). (5) (12) (13)
----------------------------------------------------------------------------------------------------------------
      B922         184   Registration application; new active    16                                     228,657
                 (new)    ingredient; genetic modifications in
                          animals intended for use as a
                          pesticide (e.g., for pest population
                          control); non-food/feed. This
                          category would cover substances
                          produced and used in animals that are
                          intended for use as a pesticide, such
                          as for pest population control,
                          including the genetic material in
                          such animals. (5) (12) (13) (14)
----------------------------------------------------------------------------------------------------------------

[[Page 136 STAT. 6072]]

 
      B923         185   Experimental Use Permit application;    15                                     228,658
                 (new)    genetic modifications in animals
                          intended for use as a pesticide
                          (e.g., for pest population control);
                          with petition to establish a
                          temporary or permanent tolerance/
                          tolerance exemption of an active
                          ingredient. This category would cover
                          substances produced and used in
                          animals that are intended for use as
                          a pesticide, such as for pest
                          population control, including the
                          genetic material in such animals.
                          Credit 75% of B923 fee toward
                          registration application for the new
                          active ingredient that follows
                          (B924). (5) (12) (13) (14)
----------------------------------------------------------------------------------------------------------------

[[Page 136 STAT. 6073]]

 
      B924         186   Registration application; new active    19                                     292,682
                 (new)    ingredient; genetic modifications in
                          animals intended for use as a
                          pesticide (e.g., for pest population
                          control); with petition to establish
                          a permanent tolerance/tolerance
                          exemption of an active ingredient.
                          This category would cover substances
                          produced and used in animals that are
                          intended for use as a pesticide, such
                          as for pest population control,
                          including the genetic material in
                          such animals. (5) (12) (13) (14)
----------------------------------------------------------------------------------------------------------------
      B925         187   Experimental Use Permit application;    11                                      27,452
                 (new)    exogenous applications of RNA to
                          elicit the RNA interference pathway
                          in pests; non-food/feed; credit 75%
                          of B925 fee toward registration
                          application for the new active
                          ingredient that follows (B926). (5)
                          (12)
----------------------------------------------------------------------------------------------------------------
      B926         188   Registration application; new active    17                                      82,329
                 (new)    ingredient; exogenous applications of
                          RNA to elicit the RNA interference
                          pathway in pests; non-food/feed. (5)
                          (12) (14)
----------------------------------------------------------------------------------------------------------------

[[Page 136 STAT. 6074]]

 
      B927         189   Experimental Use Permit application;    14                                      54,889
                 (new)    exogenous applications of RNA to
                          elicit the RNA interference pathway
                          in pests; with petition to establish
                          a temporary or permanent tolerance/
                          tolerance exemption of an active
                          ingredient; credit 75% of B927 fee
                          toward registration application for
                          the new active ingredient that
                          follows (B928). (5) (12)
----------------------------------------------------------------------------------------------------------------
      B928         190   Registration application; new active    22                                     137,210
                 (new)    ingredient; exogenous applications of
                          RNA to elicit the RNA interference
                          pathway in pests; with petition to
                          establish a permanent tolerance/
                          tolerance exemption of an active
                          ingredient. (5) (12) (14)
----------------------------------------------------------------------------------------------------------------
      B929         191   Registration application; new product,  10                                       7,322
                 (new)    registered active ingredient;
                          exogenous applications of RNA to
                          elicit the RNA interference pathway
                          in pests; no petition since a
                          permanent tolerance/tolerance
                          exemption is already established for
                          the active ingredient(s). (5) (12)
----------------------------------------------------------------------------------------------------------------

[[Page 136 STAT. 6075]]

 
      B930         192   Application to amend or extend a non-   3                                       18,296
                 (new)    PIP Emerging Technologies
                          Experimental Use Permit; no petition
                          since the established tolerance/
                          tolerance exemption for the active
                          ingredient is unaffected. (12)
----------------------------------------------------------------------------------------------------------------
      B931         193   Application to amend or extend a non-   9                                       45,737
                 (new)    PIP Emerging Technologies
                          Experimental Use Permit; with
                          petition to extend a temporary
                          tolerance/tolerance exemption for the
                          active ingredient. (12)
----------------------------------------------------------------------------------------------------------------
      B932         194   Amendment; application to amend a non-  6                                       18,296
                 (new)    PIP Emerging Technologies
                          registration. (4) (5) (12)
----------------------------------------------------------------------------------------------------------------
(1) A decision review time that would otherwise end on a Saturday, Sunday, or Federal holiday, will be extended
  to end on the next business day.
(2) `New PIP' means a PIP with an active ingredient that has not been registered.
(3) `Registered PIP' means a PIP with an active ingredient that is currently registered.
(4) Transfer registered PIP through conventional breeding for new food/feed use, such as from field corn to
  sweet corn.
(5) If, during review of the application, it is determined that review by the FIFRA Scientific Advisory Panel
  (SAP) is needed, the applicant will submit an application for category B905, which will be processed
  concurrently, and the decision review time for both applications will be the longer of the two associated
  applications. The scientific data involved in this category are complex. EPA often seeks technical advice from
  the SAP on risks that pesticides pose to wildlife, farm workers, pesticide applicators, non-target species,
  insect resistance, and novel scientific issues surrounding new technologies. The scientists of the SAP neither
  make nor recommend policy decisions. They provide advice on the science used to make these decisions. Their
  advice is invaluable to the EPA as it strives to protect humans and the environment from risks posed by
  pesticides. Due to the time it takes to schedule and prepare for meetings with the SAP, additional time and
  costs are needed.
(6) Registered PIPs stacked through conventional breeding.
(7) Deployment of a registered PIP with a different Insecticide Resistance Management (IRM) plan (e.g., seed
  blend).

[[Page 136 STAT. 6076]]

 
(8) The negotiated acreage cap will depend upon EPA's determination of the potential environmental exposure,
  risk(s) to non-target organisms, and the risk of targeted pest developing resistance to the pesticidal
  substance. The uncertainty of these risks may reduce the allowable acreage, based upon the quantity and type
  of non-target organism data submitted and the lack of insect resistance management data, which is usually not
  required for seed-increase registrations. Registrants are encouraged to consult with EPA prior to submission
  of a registration application in this category.
(9) Application can be submitted prior to or concurrently with an application for commercial registration.
(10) For example, IRM plan modifications that are applicant-initiated.
(11) (a) EPA-initiated amendments shall not be charged registration service fees. (b) Registrant-initiated fast-
  track amendments are to be completed within the timelines specified in section 3(c)(3)(B) and are not subject
  to registration service fees. (c) Registrant-initiated fast-track amendments handled by the Antimicrobials
  Division are to be completed within the timelines specified in section 3(h) and are not subject to
  registration service fees. (d) Registrant initiated amendments submitted by notification under Pesticide
  Registration (PR) Notices, such as PR Notice 98-10, continue under PR Notice timelines and are not subject to
  registration service fees. (e) Submissions with data and requiring data review are subject to registration
  service fees.
(12) Where the action involves approval of a new or amended label, on or before the end date of the decision
  review time, the Agency shall provide to the applicant a draft accepted label, including any changes made by
  the Agency that differ from the applicant-submitted label and relevant supporting data reviewed by the Agency.
  The applicant will notify the Agency that the applicant either (a) agrees to all of the terms associated with
  the draft accepted label as amended by the Agency and requests that it be issued as the accepted final Agency-
  stamped label; or (b) does not agree to one or more of the terms of the draft accepted label as amended by the
  Agency and requests additional time to resolve the difference(s); or (c) withdraws the application without
  prejudice for subsequent resubmission, but forfeits the associated registration service fee. For cases
  described in (b), the applicant shall have up to 30 calendar days to reach agreement with the Agency on the
  final terms of the Agency-accepted label. If the applicant agrees to all of the terms of the accepted label as
  in (a), including upon resolution of differences in (b), the Agency shall provide an accepted final Agency-
  stamped label to the registrant within 2 business days following the registrant's written or electronic
  confirmation of agreement to the Agency.
(13) This category does not include genetic modifications in animals not intended for use as a pesticide, e.g.,
  genetic modifications in animals intended for food use or animals intended for use as companion animals.
(14) If the Administrator determines that endangered species analysis is required for this action, using
  guidance finalized according to section 33(c)(3)(B) for this specific type of action, the decision review time
  can be extended for endangered species assessment one time only for up to 50%, upon written notification to
  the applicant, prior to completion of the technical screening. To the extent practicable, any reason for
  renegotiation should be resolved during the same extension.



                                        ``TABLE 18. -- INERT INGREDIENTS
----------------------------------------------------------------------------------------------------------------
                                                                                                   Registration
  EPA  No.     New  CR                   Action                       Decision  Review Time        Service Fee
                 No.                                                       (Months)(1)                 ($)
----------------------------------------------------------------------------------------------------------------
      I001         195   Approval of new food use inert          15                                      38,698
                          ingredient. (2) (3)
----------------------------------------------------------------------------------------------------------------
      I002         196   Amend currently approved inert          13                                      10,750
                          ingredient tolerance or exemption
                          from tolerance; new data. (2)
----------------------------------------------------------------------------------------------------------------

[[Page 136 STAT. 6077]]

 
      I003         197   Amend currently approved inert          11                                       4,742
                          ingredient tolerance or exemption
                          from tolerance; no new data. (2)
----------------------------------------------------------------------------------------------------------------
      I004         198   Approval of new non-food use inert      6                                       15,803
                          ingredient. (2)
----------------------------------------------------------------------------------------------------------------
      I005         199   Amend currently approved non-food use   6                                        7,903
                          inert ingredient with new use
                          pattern; new data. (2)
----------------------------------------------------------------------------------------------------------------
      I006         200   Amend currently approved non-food use   4                                        4,742
                          inert ingredient with new use
                          pattern; no new data. (2)
----------------------------------------------------------------------------------------------------------------
      I007         201   Approval of substantially similar non-  5                                        2,371
                          food use inert ingredients when
                          original inert is compositionally
                          similar with similar use pattern. (2)
----------------------------------------------------------------------------------------------------------------
      I008         202   Approval of new or amended polymer      7                                        5,374
                          inert ingredient, food use. (2)
----------------------------------------------------------------------------------------------------------------
      I009         203   Approval of new or amended polymer      4                                        4,427
                          inert ingredient, non-food use. (2)
----------------------------------------------------------------------------------------------------------------
      I010         204   Petition to amend a single tolerance    7                                        2,371
                          exemption descriptor, or single non-
                          food use descriptor, to add  10
                          CASRNs; no new data. (2)
----------------------------------------------------------------------------------------------------------------
      I011         205   Approval of new food use safener with   26                                     856,631
                          tolerance or exemption from
                          tolerance. (2)
----------------------------------------------------------------------------------------------------------------

[[Page 136 STAT. 6078]]

 
      I012         206   Approval of new non-food use safener.   21                                     595,147
                          (2)
----------------------------------------------------------------------------------------------------------------
      I013         207   Approval of additional food use for     17                                      90,260
                          previously approved safener with
                          tolerance or exemption from
                          tolerance. (2)
----------------------------------------------------------------------------------------------------------------
      I014         208   Approval of additional non-food use     15                                      36,074
                          for previously approved safener. (2)
----------------------------------------------------------------------------------------------------------------
      I015         209   Approval of new generic data for        26                                     386,589
                          previously approved food use safener.
                          (2)
----------------------------------------------------------------------------------------------------------------
      I016         210   Approval of amendment(s) to tolerance   15                                      79,942
                          and label for previously approved
                          safener. (2)
----------------------------------------------------------------------------------------------------------------
      I017   211 (new)   Add new source of previously approved   8                                       18,958
                          safener.
----------------------------------------------------------------------------------------------------------------
      I018   212 (new)   Petition to add one approved inert      3                                        2,371
                          ingredient (CASRN) to the Commodity
                          Inert Ingredient List; no data. (4)
----------------------------------------------------------------------------------------------------------------
(1) A decision review time that would otherwise end on a Saturday, Sunday, or Federal holiday, will be extended
  to end on the next business day.
(2) If another covered application is submitted that depends upon an application to approve an inert ingredient,
  each application will be subject to its respective registration service fee. The decision review time for both
  submissions will be the longest of the associated applications. If the application covers multiple ingredients
  grouped by EPA into one chemical class, a single registration service fee will be assessed for approval of
  those ingredients.
(3) If EPA data rules are amended to newly require clearance under section 408 of the Federal Food, Drug, and
  Cosmetic Act (21 U.S.C. 346a) for an ingredient of an antimicrobial product where such ingredient was not
  previously subject to such a clearance, then review of the data for such clearance of such product is not
  subject to a registration service fee for the tolerance action for two years from the effective date of the
  rule.
(4) Due to low fee and short time frame this category is not eligible for small business waivers.



[[Page 136 STAT. 6079]]


                            ``TABLE 19. -- EXTERNAL REVIEW AND MISCELLANEOUS ACTIONS
----------------------------------------------------------------------------------------------------------------
                                                                                                   Registration
  EPA  No.     New  CR                   Action                       Decision  Review Time        Service Fee
                 No.                                                       (Months)(1)                 ($)
----------------------------------------------------------------------------------------------------------------
      M001         213   Study protocol requiring Human Studies  14                                      11,378
                          Review Board review as defined in 40
                          CFR Part 26 in support of a currently
                          registered active ingredient.
----------------------------------------------------------------------------------------------------------------
      M002         214   Completed study requiring Human         14                                      11,378
                          Studies Review Board review as
                          defined in 40 CFR Part 26 in support
                          of an active ingredient. (2)
----------------------------------------------------------------------------------------------------------------
      M003         215   External technical peer review of new   12                                      91,651
                          active ingredient, product, or
                          amendment (e.g., consultation with
                          FIFRA Scientific Advisory Panel) for
                          an action with a decision timeframe
                          of less than 12 months. Applicant
                          initiated request based on a
                          requirement of the Administrator, as
                          defined by FIFRA Sec.  25(d), in
                          support of a novel active ingredient,
                          or unique use pattern or application
                          technology. Excludes PIP active
                          .ingredients. (3)
----------------------------------------------------------------------------------------------------------------

[[Page 136 STAT. 6080]]

 
      M004         216   External technical peer review of new   18                                      91,651
                          active ingredient, product, or
                          amendment (e.g., consultation with
                          FIFRA Scientific Advisory Panel) for
                          an action with a decision timeframe
                          of greater than 12 months. Applicant
                          initiated request based on a
                          requirement of the Administrator, as
                          defined by FIFRA Sec.  25(d), in
                          support of a novel active ingredient,
                          or unique use pattern or application
                          technology. Excludes PIP active
                          ingredients. (3)
----------------------------------------------------------------------------------------------------------------
      M005         217   New Product: Combination, Contains a    9                                       31,604
                          combination of active ingredients
                          from a registered and/or unregistered
                          source; conventional, antimicrobial
                          and/or biopesticide. Requires
                          coordination with other regulatory
                          divisions to conduct review of data,
                          label and/or verify the validity of
                          existing data as cited. Only existing
                          uses for each active ingredient in
                          the combination product. (4) (5) (6)
----------------------------------------------------------------------------------------------------------------
      M006         218   Request for up to 5 letters of          1                                          398
                          certification (Gold Seal) for one
                          actively registered product (excludes
                          distributor products). (7)
----------------------------------------------------------------------------------------------------------------

[[Page 136 STAT. 6081]]

 
      M007         219   Request to extend Exclusive Use of      12                                       7,903
                          data as provided by FIFRA Section
                          3(c)(1)(F)(ii).
----------------------------------------------------------------------------------------------------------------
      M008         220   Request to grant Exclusive Use of data  15                                       2,371
                          as provided by FIFRA Section
                          3(c)(1)(F)(vi) for a minor use, when
                          a FIFRA Section 2(ll)(2)
                          determination is required.
----------------------------------------------------------------------------------------------------------------
      M009         221   Non-FIFRA Regulated Determination;      6                                        3,389
                          applicant-initiated, per product.
----------------------------------------------------------------------------------------------------------------
      M010         222   Conditional ruling on pre-application,  4                                        3,389
                          product substantial similarity.
----------------------------------------------------------------------------------------------------------------
      M011         223   Label amendment to add the DfE logo;    4                                        5,230
                          requires data review; no other label
                          changes. (8)
----------------------------------------------------------------------------------------------------------------
      M012   224 (new)   Request for up to 5 letters of          1                                          398
                          certification (Certificate of
                          Establishment) for one actively
                          registered product or one product
                          produced for export (excludes
                          distributor products). (7)
----------------------------------------------------------------------------------------------------------------
      M013   225 (new)   Cancer reassessment; applicant-         18                                     284,144
                          initiated.
----------------------------------------------------------------------------------------------------------------
      M014   227 (new)   Pre-application nano-particle           8                                       17,424
                          determination.
----------------------------------------------------------------------------------------------------------------
(1) A decision review time that would otherwise end on a Saturday, Sunday, or Federal holiday, will be extended
  to end on the next business day.
(2) Any other covered application that is associated with and dependent on the review by the Human Studies
  Review Board will be subject to its separate registration service fee. The decision review times for the
  associated actions run concurrently, but will end at the date of the latest review time.

[[Page 136 STAT. 6082]]

 
(3) Any other covered application that is associated with and dependent on the FIFRA Scientific Advisory Panel
  review will be subject to its separate registration service fee. The decision review time for the associated
  action will be extended by the decision review time for the SAP review.
(4) If another covered application is submitted that depends upon an application to approve an inert ingredient,
  each application will be subject to its respective registration service fee. The decision review time for both
  submissions will be the longest of the associated applications. If the application covers multiple ingredients
  grouped by EPA into one chemical class, a single registration service fee will be assessed for approval of
  those ingredients.
(5) An application for a new end-use product using a source of active ingredient that (a) is not yet registered
  but (b) has an application pending with the Agency for review, will be considered an application for a new
  product with an unregistered source of active ingredient.
(6) Where the action involves approval of a new or amended label, on or before the end date of the decision
  review time, the Agency shall provide to the applicant a draft accepted label, including any changes made by
  the Agency that differ from the applicant-submitted label and relevant supporting data reviewed by the Agency.
  The applicant will notify the Agency that the applicant either (a) agrees to all of the terms associated with
  the draft accepted label as amended by the Agency and requests that it be issued as the accepted final Agency-
  stamped label; or (b) does not agree to one or more of the terms of the draft accepted label as amended by the
  Agency and requests additional time to resolve the difference(s); or (c) withdraws the application without
  prejudice for subsequent resubmission, but forfeits the associated registration service fee. For cases
  described in (b), the applicant shall have up to 30 calendar days to reach agreement with the Agency on the
  final terms of the Agency-accepted label. If the applicant agrees to all of the terms of the accepted label as
  in (a), including upon resolution of differences in (b), the Agency shall provide an accepted final Agency-
  stamped label to the registrant within 2 business days following the registrant's written or electronic
  confirmation of agreement to the Agency.
(7) Due to low fee and short time frame this category is not eligible for small business waivers.
(8) This category includes amendments the sole purpose of which is to add `Design for the Environment' (DfE) (or
  equivalent terms that do not use `safe' or derivatives of `safe') logos to a label. DfE is a voluntary
  program. A label bearing a DfE logo is not considered an Agency endorsement because the ingredients in the
  qualifying product must meet objective, scientific criteria established and widely publicized by EPA.''.


SEC. 707. <<NOTE: Deadline. Web posting. 7 USC 136w note.>>  
                        INFORMATION.

    Not later than 180 days after the date of enactment of this title, 
the Administrator of the Environmental Protection Agency shall post on a 
single webpage of the website of the Environmental Protection Agency 
aggregated information on pesticide regulation under the Federal 
Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136 et seq.), 
including--
            (1) all guidance relating to risk assessment, risk 
        mitigation, benefits assessments, and cost-benefit balancing;
            (2) hyperlinks to resources, including the Department of 
        Agriculture's ``national list of allowed and prohibited 
        substances'' for organic crop and livestock production;
            (3) biopesticides and pesticides exempt pursuant to section 
        25(b) of the Federal Insecticide, Fungicide, and Rodenticide Act 
        (7 U.S.C. 136w(b)); and
            (4) integrated pest management principles developed under 
        section 28(c) of such Act (7 U.S.C. 136w-3(c)), including 
        technical assistance for implementation of those principles.
SEC. 708. <<NOTE: 7 USC 136a-1 note.>>  IMPLEMENTATION DATES WITH 
                        RESPECT TO FEES.

    (a) Fee Increases.--
            (1) Registration service fees.--With respect to amendments 
        made by this title to increase registration service fees 
        specified in section 33 of the Federal Insecticide, Fungicide, 
        and Rodenticide Act (7 U.S.C. 136w-8), such increases shall

[[Page 136 STAT. 6083]]

        not be effective until the date that is 60 days after the date 
        of the enactment of this title, regardless of whether such 
        section 33 specifies (as so amended) that such increases are 
        effective for fiscal year 2023.
            (2) Maintenance fees.--With respect to amendments made by 
        this title to increase the amount of maintenance fees to be 
        collected under section 4(i) of the Federal Insecticide, 
        Fungicide, and Rodenticide Act (7 U.S.C. 136a-1(i)), such 
        increases shall be effective beginning on October 1, 2022.

    (b) Set-asides.--With respect to any set-asides specified in 
subsection (i) or (k) of section 4 of the Federal Insecticide, 
Fungicide, and Rodenticide Act (7 U.S.C. 136a-1), such set-asides shall 
be effective beginning on October 1, 2022.

            Subtitle B--Other Matters Relating to Pesticides

SEC. 711. <<NOTE: 7 USC 136a note.>>  REGISTRATION REVIEW DEADLINE 
                        EXTENSION.

    (a) In General.--Notwithstanding section 3(g)(1)(A)(iii)(I) of the 
Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 
136a(g)(1)(A)(iii)(I)), the Administrator of the Environmental 
Protection Agency (referred to in this section as the ``Administrator'') 
shall complete the initial registration review of each pesticide or 
pesticide case covered by that section not later than October 1, 2026.
    (b) Interim Registration Review Decision Requirements.--
            (1) Definition of covered interim registration review 
        decision.--In this subsection, the term ``covered interim 
        registration review decision'' means an interim registration 
        review decision--
                    (A) that is associated with an initial registration 
                review described in subsection (a);
                    (B) <<NOTE: Time period.>>  that is noticed in the 
                Federal Register during the period beginning on the date 
                of enactment of this Act and ending on October 1, 2026; 
                and
                    (C) for which the Administrator has not, as of the 
                date on which the decision is noticed in the Federal 
                Register, made effects determinations or completed any 
                necessary consultation under section 7(a)(2) of the 
                Endangered Species Act of 1973 (16 U.S.C. 1536(a)(2)).
            (2) Requirements.--Any covered interim registration review 
        decision shall include, where applicable, measures to reduce the 
        effects of the applicable pesticide on--
                    (A) species listed under the Endangered Species Act 
                of 1973 (16 U.S.C. 1531 et seq.); or
                    (B) any designated critical habitat.
            (3) Consultation.--In developing measures described in 
        paragraph (2), the Administrator shall take into account the 
        input received from the Secretary of Agriculture and other 
        members of the interagency working group established under 
        section 3(c)(11) of the Federal Insecticide, Fungicide, and 
        Rodenticide Act (7 U.S.C. 136a(c)(11)).

[[Page 136 STAT. 6084]]

DIVISION II-- <<NOTE: Pregnant Workers Fairness Act.>> PREGNANT WORKERS
SEC. 101. <<NOTE: 42 USC 2000gg note.>>  SHORT TITLE.

    This division may be cited as the ``Pregnant Workers Fairness Act''.
SEC. 102. <<NOTE: 42 USC 2000gg.>>  DEFINITIONS.

    As used in this division--
            (1) the term ``Commission'' means the Equal Employment 
        Opportunity Commission;
            (2) the term ``covered entity''--
                    (A) has the meaning given the term ``respondent'' in 
                section 701(n) of the Civil Rights Act of 1964 (42 
                U.S.C. 2000e(n)); and
                    (B) includes--
                          (i) an employer, which means a person engaged 
                      in industry affecting commerce who has 15 or more 
                      employees as defined in section 701(b) of title 
                      VII of the Civil Rights Act of 1964 (42 U.S.C. 
                      2000e(b));
                          (ii) an employing office, as defined in 
                      section 101 of the Congressional Accountability 
                      Act of 1995 (2 U.S.C. 1301) and section 411(c) of 
                      title 3, United States Code;
                          (iii) an entity employing a State employee 
                      described in section 304(a) of the Government 
                      Employee Rights Act of 1991 (42 U.S.C. 2000e-
                      16c(a)); and
                          (iv) an entity to which section 717(a) of the 
                      Civil Rights Act of 1964 (42 U.S.C. 2000e-16(a)) 
                      applies;
            (3) the term ``employee'' means--
                    (A) an employee (including an applicant), as defined 
                in section 701(f) of the Civil Rights Act of 1964 (42 
                U.S.C. 2000e(f));
                    (B) a covered employee (including an applicant), as 
                defined in section 101 of the Congressional 
                Accountability Act of 1995 (2 U.S.C. 1301), and an 
                individual described in section 201(d) of that Act (2 
                U.S.C. 1311(d));
                    (C) a covered employee (including an applicant), as 
                defined in section 411(c) of title 3, United States 
                Code;
                    (D) a State employee (including an applicant) 
                described in section 304(a) of the Government Employee 
                Rights Act of 1991 (42 U.S.C. 2000e-16c(a)); or
                    (E) an employee (including an applicant) to which 
                section 717(a) of the Civil Rights Act of 1964 (42 
                U.S.C. 2000e-16(a)) applies;
            (4) the term ``known limitation'' means physical or mental 
        condition related to, affected by, or arising out of pregnancy, 
        childbirth, or related medical conditions that the employee or 
        employee's representative has communicated to the employer 
        whether or not such condition meets the definition of disability 
        specified in section 3 of the Americans with Disabilities Act of 
        1990 (42 U.S.C. 12102);
            (5) the term ``person'' has the meaning given such term in 
        section 701(a) of the Civil Rights Act of 1964 (42 U.S.C. 
        2000e(a));

[[Page 136 STAT. 6085]]

            (6) the term ``qualified employee'' means an employee or 
        applicant who, with or without reasonable accommodation, can 
        perform the essential functions of the employment position, 
        except that an employee or applicant shall be considered 
        qualified if--
                    (A) any inability to perform an essential function 
                is for a temporary period;
                    (B) the essential function could be performed in the 
                near future; and
                    (C) the inability to perform the essential function 
                can be reasonably accommodated; and
            (7) the terms ``reasonable accommodation'' and ``undue 
        hardship'' have the meanings given such terms in section 101 of 
        the Americans with Disabilities Act of 1990 (42 U.S.C. 12111) 
        and shall be construed as such terms are construed under such 
        Act and as set forth in the regulations required by this 
        division, including with regard to the interactive process that 
        will typically be used to determine an appropriate reasonable 
        accommodation.
SEC. 103. <<NOTE: 42 USC 2000gg-1.>>  NONDISCRIMINATION WITH 
                        REGARD TO REASONABLE ACCOMMODATIONS 
                        RELATED TO PREGNANCY.

    It shall be an unlawful employment practice for a covered entity 
to--
            (1) not make reasonable accommodations to the known 
        limitations related to the pregnancy, childbirth, or related 
        medical conditions of a qualified employee, unless such covered 
        entity can demonstrate that the accommodation would impose an 
        undue hardship on the operation of the business of such covered 
        entity;
            (2) require a qualified employee affected by pregnancy, 
        childbirth, or related medical conditions to accept an 
        accommodation other than any reasonable accommodation arrived at 
        through the interactive process referred to in section 102(7);
            (3) deny employment opportunities to a qualified employee if 
        such denial is based on the need of the covered entity to make 
        reasonable accommodations to the known limitations related to 
        the pregnancy, childbirth, or related medical conditions of the 
        qualified employee;
            (4) require a qualified employee to take leave, whether paid 
        or unpaid, if another reasonable accommodation can be provided 
        to the known limitations related to the pregnancy, childbirth, 
        or related medical conditions of the qualified employee; or
            (5) take adverse action in terms, conditions, or privileges 
        of employment against a qualified employee on account of the 
        employee requesting or using a reasonable accommodation to the 
        known limitations related to the pregnancy, childbirth, or 
        related medical conditions of the employee.
SEC. 104. <<NOTE: 42 USC 2000gg-2.>>  REMEDIES AND ENFORCEMENT.

    (a) Employees Covered by Title VII of the Civil Rights Act of 
1964.--
            (1) In general.--The powers, remedies, and procedures 
        provided in sections 705, 706, 707, 709, 710, and 711 of the 
        Civil Rights Act of 1964 (42 U.S.C. 2000e-4 et seq.) to the 
        Commission, the Attorney General, or any person alleging a 
        violation of title VII of such Act (42 U.S.C. 2000e et seq.)

[[Page 136 STAT. 6086]]

        shall be the powers, remedies, and procedures this division 
        provides to the Commission, the Attorney General, or any person, 
        respectively, alleging an unlawful employment practice in 
        violation of this division against an employee described in 
        section 102(3)(A) except as provided in paragraphs (2) and (3) 
        of this subsection.
            (2) Costs and fees.--The powers, remedies, and procedures 
        provided in subsections (b) and (c) of section 722 of the 
        Revised Statutes (42 U.S.C. 1988) shall be the powers, remedies, 
        and procedures this division provides to the Commission, the 
        Attorney General, or any person alleging such practice.
            (3) Damages.--The powers, remedies, and procedures provided 
        in section 1977A of the Revised Statutes (42 U.S.C. 1981a), 
        including the limitations contained in subsection (b)(3) of such 
        section 1977A, shall be the powers, remedies, and procedures 
        this division provides to the Commission, the Attorney General, 
        or any person alleging such practice (not an employment practice 
        specifically excluded from coverage under section 1977A(a)(1) of 
        the Revised Statutes (42 U.S.C. 1981a(a)(1))).

    (b) Employees Covered by Congressional Accountability Act of 1995.--
            (1) In general.--The powers, remedies, and procedures 
        provided in the Congressional Accountability Act of 1995 (2 
        U.S.C. 1301 et seq.) for the purposes of addressing allegations 
        of violations of section 201(a)(1) of such Act (2 U.S.C. 
        1311(a)(1)) shall be the powers, remedies, and procedures this 
        division provides to address an allegation of an unlawful 
        employment practice in violation of this division against an 
        employee described in section 102(3)(B), except as provided in 
        paragraphs (2) and (3) of this subsection.
            (2) Costs and fees.--The powers, remedies, and procedures 
        provided in subsections (b) and (c) of section 722 of the 
        Revised Statutes (42 U.S.C. 1988) for the purposes of addressing 
        allegations of such a violation shall be the powers, remedies, 
        and procedures this division provides to address allegations of 
        such practice.
            (3) Damages.--The powers, remedies, and procedures provided 
        in section 1977A of the Revised Statutes (42 U.S.C. 1981a), 
        including the limitations contained in subsection (b)(3) of such 
        section 1977A, for purposes of addressing allegations of such a 
        violation, shall be the powers, remedies, and procedures this 
        division provides to address any allegation of such practice 
        (not an employment practice specifically excluded from coverage 
        under section 1977A(a)(1) of the Revised Statutes (42 U.S.C. 
        1981a(a)(1))).

    (c) Employees Covered by Chapter 5 of Title 3, United States Code.--
            (1) In general.--The powers, remedies, and procedures 
        provided in chapter 5 of title 3, United States Code, to the 
        President, the Commission, the Merit Systems Protection Board, 
        or any person alleging a violation of section 411(a)(1) of such 
        title shall be the powers, remedies, and procedures this 
        division provides to the President, the Commission, the Board, 
        or any person, respectively, alleging an unlawful employment 
        practice in violation of this division against an employee

[[Page 136 STAT. 6087]]

        described in section 102(3)(C), except as provided in paragraphs 
        (2) and (3) of this subsection.
            (2) Costs and fees.--The powers, remedies, and procedures 
        provided in subsections (b) and (c) of section 722 of the 
        Revised Statutes (42 U.S.C. 1988) shall be the powers, remedies, 
        and procedures this division provides to the President, the 
        Commission, the Board, or any person alleging such practice.
            (3) Damages.--The powers, remedies, and procedures provided 
        in section 1977A of the Revised Statutes (42 U.S.C. 1981a), 
        including the limitations contained in subsection (b)(3) of such 
        section 1977A, shall be the powers, remedies, and procedures 
        this division provides to the President, the Commission, the 
        Board, or any person alleging such practice (not an employment 
        practice specifically excluded from coverage under section 
        1977A(a)(1) of the Revised Statutes (42 U.S.C. 1981a(a)(1))).

    (d) Employees Covered by Government Employee Rights Act of 1991.--
            (1) In general.--The powers, remedies, and procedures 
        provided in sections 302 and 304 of the Government Employee 
        Rights Act of 1991 (42 U.S.C. 2000e-16b; 2000e-16c) to the 
        Commission or any person alleging a violation of section 
        302(a)(1) of such Act (42 U.S.C. 2000e-16b(a)(1)) shall be the 
        powers, remedies, and procedures this division provides to the 
        Commission or any person, respectively, alleging an unlawful 
        employment practice in violation of this division against an 
        employee described in section 102(3)(D), except as provided in 
        paragraphs (2) and (3) of this subsection.
            (2) Costs and fees.--The powers, remedies, and procedures 
        provided in subsections (b) and (c) of section 722 of the 
        Revised Statutes (42 U.S.C. 1988) shall be the powers, remedies, 
        and procedures this division provides to the Commission or any 
        person alleging such practice.
            (3) Damages.--The powers, remedies, and procedures provided 
        in section 1977A of the Revised Statutes (42 U.S.C. 1981a), 
        including the limitations contained in subsection (b)(3) of such 
        section 1977A, shall be the powers, remedies, and procedures 
        this division provides to the Commission or any person alleging 
        such practice (not an employment practice specifically excluded 
        from coverage under section 1977A(a)(1) of the Revised Statutes 
        (42 U.S.C. 1981a(a)(1))).

    (e) Employees Covered by Section 717 of the Civil Rights Act of 
1964.--
            (1) In general.--The powers, remedies, and procedures 
        provided in section 717 of the Civil Rights Act of 1964 (42 
        U.S.C. 2000e-16) to the Commission, the Attorney General, the 
        Librarian of Congress, or any person alleging a violation of 
        that section shall be the powers, remedies, and procedures this 
        division provides to the Commission, the Attorney General, the 
        Librarian of Congress, or any person, respectively, alleging an 
        unlawful employment practice in violation of this division 
        against an employee described in section 102(3)(E), except as 
        provided in paragraphs (2) and (3) of this subsection.
            (2) Costs and fees.--The powers, remedies, and procedures 
        provided in subsections (b) and (c) of section 722 of the 
        Revised Statutes (42 U.S.C. 1988) shall be the powers,

[[Page 136 STAT. 6088]]

        remedies, and procedures this division provides to the 
        Commission, the Attorney General, the Librarian of Congress, or 
        any person alleging such practice.
            (3) Damages.--The powers, remedies, and procedures provided 
        in section 1977A of the Revised Statutes (42 U.S.C. 1981a), 
        including the limitations contained in subsection (b)(3) of such 
        section 1977A, shall be the powers, remedies, and procedures 
        this division provides to the Commission, the Attorney General, 
        the Librarian of Congress, or any person alleging such practice 
        (not an employment practice specifically excluded from coverage 
        under section 1977A(a)(1) of the Revised Statutes (42 U.S.C. 
        1981a(a)(1))).

    (f) Prohibition Against Retaliation.--
            (1) In general.--No person shall discriminate against any 
        employee because such employee has opposed any act or practice 
        made unlawful by this division or because such employee made a 
        charge, testified, assisted, or participated in any manner in an 
        investigation, proceeding, or hearing under this division.
            (2) Prohibition against coercion.--It shall be unlawful to 
        coerce, intimidate, threaten, or interfere with any individual 
        in the exercise or enjoyment of, or on account of such 
        individual having exercised or enjoyed, or on account of such 
        individual having aided or encouraged any other individual in 
        the exercise or enjoyment of, any right granted or protected by 
        this division.
            (3) Remedy.--The remedies and procedures otherwise provided 
        for under this section shall be available to aggrieved 
        individuals with respect to violations of this subsection.

    (g) Limitation.--Notwithstanding subsections (a)(3), (b)(3), (c)(3), 
(d)(3), and (e)(3), if an unlawful employment practice involves the 
provision of a reasonable accommodation pursuant to this division or 
regulations implementing this division, damages may not be awarded under 
section 1977A of the Revised Statutes (42 U.S.C. 1981a) if the covered 
entity demonstrates good faith efforts, in consultation with the 
employee with known limitations related to pregnancy, childbirth, or 
related medical conditions who has informed the covered entity that 
accommodation is needed, to identify and make a reasonable accommodation 
that would provide such employee with an equally effective opportunity 
and would not cause an undue hardship on the operation of the covered 
entity.
SEC. 105. <<NOTE: Deadlines. 42 USC 2000gg-3.>>  RULEMAKING.

    (a) EEOC Rulemaking.--Not later than 1 year after the date of 
enactment of this Act, the Commission shall issue regulations in an 
accessible format in accordance with subchapter II of chapter 5 of title 
5, United States Code, to carry out this division. Such regulations 
shall provide examples of reasonable accommodations addressing known 
limitations related to pregnancy, childbirth, or related medical 
conditions.
    (b) OCWR Rulemaking.--
            (1) <<NOTE: Applicability.>>  In general.--Not later than 6 
        months after the Commission issues regulations under subsection 
        (a), the Board (as defined in section 101 of the Congressional 
        Accountability Act of 1995 (2 U.S.C. 1301)) shall (in accordance 
        with section 304 of the Congressional Accountability Act of 1995 
        (2 U.S.C. 1384)), issue regulations to implement the provisions 
        of this division made applicable to employees described in 
        section 102(3)(B), under section 104(b).

[[Page 136 STAT. 6089]]

            (2) Parallel with agency regulations.--The regulations 
        issued under paragraph (1) shall be the same as substantive 
        regulations issued by the Commission under subsection (a) except 
        to the extent that the Board may determine, for good cause shown 
        and stated together with the regulations issued under paragraph 
        (1) that a modification of such substantive regulations would be 
        more effective for the implementation of the rights and 
        protection under this division.
SEC. 106. <<NOTE: 42 USC 2000gg-4.>>  WAIVER OF STATE IMMUNITY.

    A State shall not be immune under the 11th Amendment to the 
Constitution from an action in a Federal or State court of competent 
jurisdiction for a violation of this division. In any action against a 
State for a violation of this division, remedies (including remedies 
both at law and in equity) are available for such a violation to the 
same extent as such remedies are available for such a violation in an 
action against any public or private entity other than a State.
SEC. 107. <<NOTE: 42 USC 2000gg-5.>>  RELATIONSHIP TO OTHER LAWS.

    (a) In General.--Nothing in this division shall be construed--
            (1) to invalidate or limit the powers, remedies, and 
        procedures under any Federal law or law of any State or 
        political subdivision of any State or jurisdiction that provides 
        greater or equal protection for individuals affected by 
        pregnancy, childbirth, or related medical conditions; or
            (2) by regulation or otherwise, to require an employer-
        sponsored health plan to pay for or cover any particular item, 
        procedure, or treatment or to affect any right or remedy 
        available under any other Federal, State, or local law with 
        respect to any such payment or coverage requirement.

    (b) Rule of Construction.--This division is subject to the 
applicability to religious employment set forth in section 702(a) of the 
Civil Rights Act of 1964 (42 U.S.C. 2000e-1(a)).
SEC. 108. <<NOTE: 42 USC 2000gg-6.>>  SEVERABILITY.

    If any provision of this division or the application of that 
provision to particular persons or circumstances is held invalid or 
found to be unconstitutional, the remainder of this division and the 
application of that provision to other persons or circumstances shall 
not be affected.
SEC. 109. <<NOTE: 42 USC 2000gg note.>>  EFFECTIVE DATE.

    This division shall take effect on the date that is 180 days after 
the date of enactment of this Act.

                DIVISION JJ--NORTH ATLANTIC RIGHT WHALES

          TITLE I--NORTH ATLANTIC RIGHT WHALES AND REGULATIONS

SEC. 101. <<NOTE: 16 USC 1387 note.>>  NORTH ATLANTIC RIGHT WHALES 
                        AND REGULATIONS.

    (a) <<NOTE: Time period.>>  In General.--Notwithstanding any other 
provision of law except as provided in subsection (b), for the period 
beginning on the date of enactment of this Act and ending on December 
31,

[[Page 136 STAT. 6090]]

2028, the Final Rule amending the regulations implementing the Atlantic 
Large Whale Take Reduction Plan (86 Fed. Reg. 51970) shall be deemed 
sufficient to ensure that the continued Federal and State authorizations 
of the American lobster and Jonah crab fisheries are in full compliance 
with the Marine Mammal Protection Act of 1972 (16 U.S.C. 1361 et seq.) 
and the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.). The 
National Marine Fisheries Service shall--
            (1) <<NOTE: Deadline.>>  throughout the period described in 
        the preceding sentence, in consultation with affected States and 
        fishing industry participants, promote the innovation and 
        adoption of gear technologies in the fisheries described in the 
        preceding sentence, in order to implement additional whale 
        protection measures by December 31, 2028;
            (2) <<NOTE: Effective date.>>  promulgate new regulations 
        for the American lobster and Jonah crab fisheries consistent 
        with the Marine Mammal Protection Act of 1972 (16 U.S.C. 1361 et 
        seq.) and the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
        seq.) that take effect by December 31, 2028, utilizing existing 
        and innovative gear technologies, as appropriate; and
            (3) <<NOTE: Reports.>>  in consultation with affected 
        States, submit an annual report to Congress on the status of 
        North Atlantic Right Whales, the actions taken and plans to 
        implement measures expected to not exceed Potential Biological 
        Removal by December 31, 2028, the amount of serious injury and 
        mortality by fishery and country, and the proportion of the 
        American lobster and Jonah crab fisheries that have transitioned 
        to innovative gear technologies that reduce harm to the North 
        Atlantic Right Whale.

    (b) Exception.--The provisions of subsection (a) shall not apply to 
an existing emergency rule, or any action taken to extend or make final 
an emergency rule that is in place on the date of enactment of this Act, 
affecting lobster and Jonah crab.

                        TITLE II--GRANT AUTHORITY

SEC. 201. <<NOTE: 16 USC 1393.>>  CONSERVATION AND MITIGATION 
                        ASSISTANCE.

    (a) <<NOTE: Contracts.>>  Assistance.--
            (1) <<NOTE: Deadline.>>  In general.--Not later than 180 
        days after the date of enactment of this Act, the Secretary of 
        Commerce, acting through the Under Secretary of Commerce for 
        Oceans and Atmosphere (in this title referred to as the ``Under 
        Secretary'') shall establish a program to provide competitive 
        financial assistance, on an annual basis, and cooperative 
        agreements including multiyear grants and direct payment, to 
        eligible entities for eligible uses, such as projects designed 
        to reduce the lethal and sub-lethal effects of human activities 
        on North Atlantic right whales.
            (2) Use of existing authorities.--Assistance provided under 
        this section shall be carried out in a manner consistent with 
        authorities available to the Secretary under the Endangered 
        Species Act of 1973 (16 U.S.C. 1531 et seq.) and the Marine 
        Mammal Protection Act of 1972 (16 U.S.C. 1361 et seq.).
            (3) Cooperative agreements.--The Under Secretary may enter 
        into cooperative agreements with the National Fish and

[[Page 136 STAT. 6091]]

        Wildlife Foundation established by the National Fish and 
        Wildlife Foundation Establishment Act (16 U.S.C. 3701 et seq.) 
        to carry out this title.

    (b) Eligible Entities.--An entity is an eligible entity for purposes 
of assistance awarded under subsection (a) if the entity is--
            (1) a relevant port authority for a port;
            (2) a relevant State, regional, local, or Tribal government;
            (3) any other individual or entity, as determined 
        appropriate by the Under Secretary, including--
                    (A) an owner or operator of a vessel, as defined 
                under section 3 of title 1, United States Code; and
                    (B) participants within sectors of the maritime 
                industry, such as boating, shipping, fishing, fishing 
                gear and rope manufacturing, and other maritime 
                activities;
            (4) a nonprofit organization or research institution with 
        expertise in commercial fisheries, gear innovation, and North 
        Atlantic right whale conservation; or
            (5) a consortium of entities described in paragraphs (1) 
        through (4).

    (c) Eligible Uses.--Assistance awarded under subsection (a) may be 
used to develop, assess, and carry out activities that reduce human 
induced threats to North Atlantic right whales, including--
            (1) funding research to identify, deploy, or test innovative 
        gear technologies;
            (2) subsidizing acquisition of innovative gear technologies 
        to improve adoption of those technologies by fisheries 
        participants, which may include direct payment to fisheries 
        participants;
            (3) training for fisheries participants to improve 
        deployment, safety, and adoption of innovative gear 
        technologies;
            (4) funding for monitoring necessary to support dynamic 
        management of fisheries, vessel traffic, or other needs; and
            (5) <<NOTE: Determination.>>  other uses as determined by 
        the Under Secretary in consultation with relevant eligible 
        entities.

    (d) Priority.--In determining whether to fund project proposals 
under this section, the Under Secretary shall prioritize projects--
            (1) with a substantial likelihood of reducing lethal and 
        sub-lethal effects on North Atlantic right whales from fishing 
        gear entanglements or vessel collisions;
            (2) that include cooperation with fishing industry 
        participants or other private sector stakeholders; and
            (3) that demonstrate, or have the potential to provide, 
        economic benefits to small businesses based in the United 
        States.

    (e) Prohibited Uses.--
            (1) In general.--Except as provided in paragraph (2), funds 
        awarded under this section may not be used to distribute 
        resources to an entity or individual that is not a United States 
        person (as defined in section 7701(a)(3) of the Internal Revenue 
        Code of 1986).
            (2) Exception.--Funds awarded under this section may be used 
        to distribute resources to a partnership that includes an entity 
        or individual that is not a United States person (as defined in 
        section 7701(a)(30) of the Internal Revenue Code of 1986) if the 
        resources are distributed directly to a partner in the 
        partnership that is a United States person (as so defined).

    (f) Project Reporting.--

[[Page 136 STAT. 6092]]

            (1) In general.--Each individual or entity that receives 
        assistance under this section for a project shall submit to the 
        Under Secretary periodic reports (at such intervals as the Under 
        Secretary may require) that include all information that the 
        Under Secretary, after consultation with other government 
        officials, determines is necessary to evaluate the progress and 
        success of the project for the purposes of ensuring positive 
        results, assessing problems, and fostering improvements.
            (2) Availability to the public.--Reports under paragraph (1) 
        shall be made available to the public in a timely manner.
SEC. 202. <<NOTE: 16 USC 1393 note.>>  REPORT TO CONGRESS.

    Not later than 2 years after the date of enactment of this Act, and 
every 5 years thereafter, the Under Secretary shall submit to the 
Committee on Commerce, Science, and Transportation of the Senate and the 
Committee on Natural Resources of the House of Representatives a report 
on the results and effectiveness of projects receiving assistance 
provided under this title.
SEC. 203. FUNDING.

    (a) Authorization of Appropriations.--
            (1) Authorization.--There is authorized to be appropriated 
        to the Under Secretary to carry out this title $50,000,000 (of 
        which not less than $40,000,000 shall be for innovative gear 
        deployment and technology) for each of fiscal years 2023 through 
        2032.
            (2) Administrative expenses.--Of the amounts authorized to 
        be appropriated under this subsection for a fiscal year, the 
        Under Secretary may expend not more than 5 percent, or up to 
        $80,000, whichever is greater, to pay the administrative 
        expenses necessary to carry out this title.

    (b) <<NOTE: 16 USC 1393 note.>>  Acceptance and Use of Donations.--
The Under Secretary may accept, receive, solicit, hold, administer, and 
use any gift, devise, or bequest, consistent with policy of the 
Department of Commerce in effect on the date of enactment of this Act, 
to provide assistance under section 201.

                 TITLE III--CONTINUOUS PLANKTON RECORDER

SEC. 301. <<NOTE: 33 USC 883a note.>>  SURVEY.

    (a) <<NOTE: Deadline.>>  In General.--Not later than 180 days after 
the date of enactment of this Act, and on an ongoing basis thereafter, 
the Secretary of Commerce shall conduct a Continuous Plankton Recorder 
survey.

    (b) Required Elements.--For the purpose of conducting the survey 
required under subsection (a), the Northeast Fisheries Science Center 
shall--
            (1) to the extent possible, utilize the resources of and 
        partner with, on a volunteer basis, research institutions, 
        nonprofit organizations, commercial vessels, and other Federal 
        agencies;
            (2) <<NOTE: Public information.>>  in as short a time as 
        possible, ensure relevant survey samples and results are 
        analyzed, stored, archived, and made publicly available;

[[Page 136 STAT. 6093]]

            (3) prioritize the collection of plankton samples and data 
        that inform the conservation of North Atlantic right whales; and
            (4) <<NOTE: Coordination. Canada.>>  to the extent 
        practicable, coordinate with the Government of Canada to develop 
        a transboundary understanding of plankton abundance and 
        distribution.

    (c) <<NOTE: Time period.>>  Authorization of Appropriations.--To 
carry out this section there is authorized to be appropriated to the 
Secretary of Commerce $300,000 for each of fiscal years 2023 through 
2032, which shall be derived from existing funds otherwise appropriated 
to the Secretary.

DIVISION KK-- <<NOTE: Providing Urgent Maternal Protections for Nursing 
Mothers Act.>> PUMP FOR NURSING MOTHERS ACT
SEC. 101. <<NOTE: 29 USC 201 note.>>  SHORT TITLE.

    This division may be cited as the ``Providing Urgent Maternal 
Protections for Nursing Mothers Act'' or the ``PUMP for Nursing Mothers 
Act''.
SEC. 102. BREASTFEEDING ACCOMMODATIONS IN THE WORKPLACE.

    (a) Expanding Employee Access to Break Time and Space.--The Fair 
Labor Standards Act of 1938 (29 U.S.C. 201 et seq.) is amended--
            (1) in section 7 (29 U.S.C. 207), by striking subsection 
        (r); and
            (2) by inserting after section 18C (29 U.S.C. 218c) the 
        following:
``SEC. 18D. <<NOTE: 29 USC 218d.>>  BREASTFEEDING ACCOMMODATIONS 
                        IN THE WORKPLACE.

    ``(a) In General.--An employer shall provide--
            ``(1) a reasonable break time for an employee to express 
        breast milk for such employee's nursing child for 1 year after 
        the child's birth each time such employee has need to express 
        the milk; and
            ``(2) a place, other than a bathroom, that is shielded from 
        view and free from intrusion from coworkers and the public, 
        which may be used by an employee to express breast milk.

    ``(b) Compensation.--
            ``(1) In general.--Subject to paragraph (2), an employer 
        shall not be required to compensate an employee receiving 
        reasonable break time under subsection (a)(1) for any time spent 
        during the workday for such purpose unless otherwise required by 
        Federal or State law or municipal ordinance.
            ``(2) Relief from duties.--Break time provided under 
        subsection (a)(1) shall be considered hours worked if the 
        employee is not completely relieved from duty during the 
        entirety of such break.

    ``(c) Exemption for Small Employers.--An employer that employs less 
than 50 employees shall not be subject to the requirements of this 
section, if such requirements would impose an undue hardship by causing 
the employer significant difficulty or expense when considered in 
relation to the size, financial resources, nature, or structure of the 
employer's business.
    ``(d) Exemption for Crewmembers of Air Carriers.--

[[Page 136 STAT. 6094]]

            ``(1) In general.--An employer that is an air carrier shall 
        not be subject to the requirements of this section with respect 
        to an employee of such air carrier who is a crewmember
            ``(2) Definitions.--In this subsection:
                    ``(A) Air carrier.--The term `air carrier' has the 
                meaning given such term in section 40102 of title 49, 
                United States Code.
                    ``(B) Crewmember.--The term `crewmember' has the 
                meaning given such term in section 1.1 of title 14, Code 
                of Federal Regulations (or successor regulations).

    ``(e) Applicability to Rail Carriers.--
            ``(1) In general.--Except as provided in paragraph (2), an 
        employer that is a rail carrier shall be subject to the 
        requirements of this section.
            ``(2) Certain employees.--An employer that is a rail carrier 
        shall be subject to the requirements of this section with 
        respect to an employee of such rail carrier who is a member of a 
        train crew involved in the movement of a locomotive or rolling 
        stock or who is an employee who maintains the right of way, 
        provided that compliance with the requirements of this section 
        does not--
                    ``(A) require the employer to incur significant 
                expense, such as through the addition of such a member 
                of a train crew in response to providing a break 
                described in subsection (a)(1) to another such member of 
                a train crew, removal or retrofitting of seats, or the 
                modification or retrofitting of a locomotive or rolling 
                stock; or
                    ``(B) result in unsafe conditions for an individual 
                who is an employee who maintains the right of way.
            ``(3) Significant expense.--For purposes of paragraph 
        (2)(A), it shall not be considered a significant expense to 
        modify or retrofit a locomotive or rolling stock by installing a 
        curtain or other screening protection.
            ``(4) Definitions.--In this subsection:
                    ``(A) Employee who maintains the right of way.--The 
                term `employee who maintains the right of way' means an 
                employee who is a safety-related railroad employee 
                described in section 20102(4)(C) of title 49, United 
                States Code.
                    ``(B) Rail carrier.--The term `rail carrier' means 
                an employer described in section 13(b)(2).
                    ``(C) Train crew.--The term `train crew' has the 
                meaning given such term as used in chapter II of 
                subtitle B of title 49, Code of Federal Regulations (or 
                successor regulations).

    ``(f) Applicability to Motorcoach Services Operators.--
            ``(1) In general.--Except as provided in paragraph (2), an 
        employer that is a motorcoach services operator shall be subject 
        to the requirements of this section.
            ``(2) Employees who are involved in the movement of a 
        motorcoach.--An employer that is a motorcoach services operator 
        shall be subject to the requirements of this section with 
        respect to an employee of such motorcoach services operator who 
        is involved in the movement of a motorcoach provided that 
        compliance with the requirements of this section does not--

[[Page 136 STAT. 6095]]

                    ``(A) require the employer to incur significant 
                expense, such as through the removal or retrofitting of 
                seats, the modification or retrofitting of a motorcoach, 
                or unscheduled stops; or
                    ``(B) result in unsafe conditions for an employee of 
                a motorcoach services operator or a passenger of a 
                motorcoach.
            ``(3) Significant expense.--For purposes of paragraph 
        (2)(A), it shall not be considered a significant expense--
                    ``(A) to modify or retrofit a motorcoach by 
                installing a curtain or other screening protection if an 
                employee requests such a curtain or other screening 
                protection; or
                    ``(B) for an employee to use scheduled stop time to 
                express breast milk.
            ``(4) Definitions.--In this subsection:
                    ``(A) Motorcoach; motorcoach services.--The terms 
                `motorcoach' and `motorcoach services' have the meanings 
                given the terms in section 32702 of the Motorcoach 
                Enhanced Safety Act of 2012 (49 U.S.C. 31136 note).
                    ``(B) Motorcoach services operator.--The term 
                `motorcoach services operator' means an entity that 
                offers motorcoach services.

    ``(g) Notification Prior to Commencement of Action.--
            ``(1) In general.--Except as provided in paragraph (2), 
        before commencing an action under section 16(b) for a violation 
        of subsection (a)(2), an employee shall--
                    ``(A) notify the employer of such employee of the 
                failure to provide the place described in such 
                subsection; and
                    ``(B <<NOTE: Time period. Compliance.>> ) provide 
                the employer with 10 days after such notification to 
                come into compliance with such subsection with respect 
                to the employee.
            ``(2) Exceptions.--Paragraph (1) shall not apply in a case 
        in which--
                    ``(A) the employee has been discharged because the 
                employee--
                          ``(i) has made a request for the break time or 
                      place described in subsection (a); or
                          ``(ii) has opposed any employer conduct 
                      related to this section; or
                    ``(B) the employer has indicated that the employer 
                has no intention of providing the place described in 
                subsection (a)(2).

    ``(h) Interaction With State and Federal Law.--
            ``(1) Laws providing greater protection.--Nothing in this 
        section shall preempt a State law or municipal ordinance that 
        provides greater protections to employees than the protections 
        provided for under this section.
            ``(2) No effect on title 49 preemption.--This section shall 
        have no effect on the preemption of a State law or municipal 
        ordinance that is preempted under subtitle IV, V, or VII of 
        title 49, United States Code.''.

    (b) Clarifying Remedies.--The Fair Labor Standards Act of 1938 (29 
U.S.C. 201 et seq.) is amended--
            (1) in section 15(a) (29 U.S.C. 215(a))--
                    (A) by striking the period at the end of paragraph 
                (5) and inserting ``; and''; and
                    (B) by adding at the end the following:

[[Page 136 STAT. 6096]]

            ``(6) to violate any of the provisions of section 18D.''; 
        and
            (2) in section 16(b) (29 U.S.C. 216(b)), by striking 
        ``15(a)(3)'' each place the term appears and inserting 
        ``15(a)(3) or 18D''.

    (c) Authorizing Employees to Temporarily Obscure the Field of View 
of an Image Recording Device on a Locomotive or Rolling Stock While 
Expressing Breast Milk.--Section 20168(f) of title 49, United States 
Code, is amended--
            (1) by striking ``A railroad carrier'' and inserting the 
        following:
            ``(1) In general.--Except as provided in paragraph (2), a 
        railroad carrier''; and
            (2) by adding at the end the following:
            ``(2) Temporarily obscuring field of view of an image 
        recording device while expressing breast milk.--
                    ``(A) In general.--For purposes of expressing breast 
                milk, an employee may temporarily obscure the field of 
                view of an image recording device required under this 
                section if the passenger train on which such device is 
                installed is not in motion.
                    ``(B) Resuming operation.--The crew of a passenger 
                train on which an image recording device has been 
                obscured pursuant to subparagraph (A) shall ensure that 
                such image recording device is no longer obscured 
                immediately after the employee has finished expressing 
                breast milk and before resuming operation of the 
                passenger train.''.
SEC. 103. EFFECTIVE DATE.

    (a) <<NOTE: 29 USC 207 note.>>  Expanding Access.--The amendments 
made by section 102(a) shall take effect on the date of enactment of 
this Act.

    (b) <<NOTE: 29 USC 215 note.>>  Remedies and Clarification.--The 
amendments made by section 102(b) shall take effect on the date that is 
120 days after the date of enactment of this Act.

    (c) <<NOTE: 49 USC 20168 note.>>  Authorizing Employees to 
Temporarily Obscure the Field of View of an Image Recording Device on a 
Locomotive or Rolling Stock While Expressing Breast Milk.--The 
amendments made by section 102(c) shall take effect on the date of 
enactment of this Act.

    (d) <<NOTE: 29 USC 218d note.>>  Application of Law to Employees of 
Rail Carriers.--
            (1) In general.--Section 18D of the Fair Labor Standards Act 
        of 1938 (as added by section 102(a)) shall not apply to 
        employees who are members of a train crew involved in the 
        movement of a locomotive or rolling stock or who are employees 
        who maintain the right of way of an employer that is a rail 
        carrier until the date that is 3 years after the date of 
        enactment of this Act.
            (2) Definitions.--In this subsection:
                    (A) Employee; employer.--The terms ``employee'' and 
                ``employer'' have the meanings given such terms in 
                section 3 of the Fair Labor Standards Act of 1938 (29 
                U.S.C. 203).
                    (B) Employees who maintains the right of way; rail 
                carrier; train crew.--The terms ``employee who maintains 
                the right of way'', ``rail carrier'', and ``train crew'' 
                have the meanings given such terms in section 18D(e)(4) 
                of the Fair Labor Standards Act of 1938, as added by 
                section 102(a).

[[Page 136 STAT. 6097]]

    (e) <<NOTE: 29 USC 218d note.>>  Application of Law to Employees of 
Motorcoach Services Operators.--
            (1) In general.--Section 18D of the Fair Labor Standards Act 
        of 1938 (as added by section 102(a)) shall not apply to 
        employees who are involved in the movement of a motorcoach of an 
        employer that is a motorcoach services operator until the date 
        that is 3 years after the date of enactment of this Act.
            (2) Definitions.--In this subsection:
                    (A) Employee; employer.--The terms ``employee'' and 
                ``employer'' have the meanings given such terms in 
                section 3 of the Fair Labor Standards Act of 1938 (29 
                U.S.C. 203).
                    (B) Motorcoach; motorcoach services operator.--The 
                terms ``motorcoach'' and ``motorcoach services 
                operator'' have the meanings given such terms in section 
                18D(f)(4) of the Fair Labor Standards Act of 1938, as 
                added by section 102(a).

   DIVISION LL-- <<NOTE: State, Local, Tribal, and Territorial Fiscal 
Recovery, Infrastructure, and Disaster Relief Flexibility Act.>> STATE, 
  LOCAL, TRIBAL, AND TERRITORIAL FISCAL RECOVERY, INFRASTRUCTURE, AND 
DISASTER RELIEF FLEXIBILITY
SEC. 101. <<NOTE: 42 USC 1305 note.>>  SHORT TITLE.

    This division may be cited as the ``State, Local, Tribal, and 
Territorial Fiscal Recovery, Infrastructure, and Disaster Relief 
Flexibility Act''.
SEC. 102. AUTHORITY TO USE CORONAVIRUS RELIEF FUNDS FOR 
                        INFRASTRUCTURE PROJECTS.

    (a) In General.--Title VI of the Social Security Act (42 U.S.C. 801 
et seq.), as amended by section 40909 of the Infrastructure Investment 
and Jobs Act, is amended--
            (1) in section 602-- <<NOTE: 42 USC 802.>> 
                    (A) in subsection (a)(1), by inserting ``(except as 
                provided in subsection (c)(5))'' after ``December 31, 
                2024''; and
                    (B) in subsection (c)--
                          (i) in paragraph (1)--
                                    (I) in the matter preceding 
                                subparagraph (A), by striking 
                                ``paragraph (3)'' and inserting 
                                ``paragraphs (3), (4), and (5)'';
                                    (II) by amending subparagraph (C) to 
                                read as follows:
                    ``(C) for the provision of government services up to 
                an amount equal to the greater of--
                          ``(i) the amount of the reduction in revenue 
                      of such State, territory, or Tribal government due 
                      to the COVID-19 public health emergency relative 
                      to revenues collected in the most recent full 
                      fiscal year of the State, territory, or Tribal 
                      government prior to the emergency; or
                          ``(ii) $10,000,000;'';
                                    (III) in subparagraph (D), by 
                                striking the period at the end and 
                                inserting ``; or''; and

[[Page 136 STAT. 6098]]

                                    (IV) by adding at the end the 
                                following new subparagraph:
                    ``(E) to provide emergency relief from natural 
                disasters or the negative economic impacts of natural 
                disasters, including temporary emergency housing, food 
                assistance, financial assistance for lost wages, or 
                other immediate needs.''; and
                          (ii) by adding at the end the following new 
                      paragraph:
            ``(5) Authority to use funds for certain infrastructure 
        projects.--
                    ``(A) In general.--Subject to subparagraph (C), 
                notwithstanding any other provision of law, a State, 
                territory, or Tribal government receiving a payment 
                under this section may use funds provided under such 
                payment for projects described in subparagraph (B), 
                including, to the extent consistent with guidance or 
                rules issued by the Secretary or the head of a Federal 
                agency to which the Secretary has delegated authority 
                pursuant to subparagraph (C)(iv)--
                          ``(i) in the case of a project eligible under 
                      section 117 of title 23, United States Code, or 
                      section 5309 or 6701 of title 49, United States 
                      Code, to satisfy a non-Federal share requirement 
                      applicable to such a project; and
                          ``(ii) in the case of a project eligible for 
                      credit assistance under the TIFIA program under 
                      chapter 6 of title 23, United States Code--
                                    ``(I) to satisfy a non-Federal share 
                                requirement applicable to such a 
                                project; and
                                    ``(II) to repay a loan provided 
                                under such program.
                    ``(B) Projects described.--A project referred to in 
                subparagraph (A) is any of the following:
                          ``(i) A project eligible under section 117 of 
                      title 23, United States Code.
                          ``(ii) A project eligible under section 119 of 
                      title 23, United States Code.
                          ``(iii) A project eligible under section 124 
                      of title 23, United States Code, as added by the 
                      Infrastructure Investment and Jobs Act.
                          ``(iv) A project eligible under section 133 of 
                      title 23, United States Code.
                          ``(v) An activity to carry out section 134 of 
                      title 23, United States Code.
                          ``(vi) A project eligible under section 148 of 
                      title 23, United States Code.
                          ``(vii) A project eligible under section 149 
                      of title 23, United States Code.
                          ``(viii) A project eligible under section 
                      151(f) of title 23, United States Code, as added 
                      by the Infrastructure Investment and Jobs Act.
                          ``(ix) A project eligible under section 165 of 
                      title 23, United States Code.
                          ``(x) A project eligible under section 167 of 
                      title 23, United States Code.

[[Page 136 STAT. 6099]]

                          ``(xi) A project eligible under section 173 of 
                      title 23, United States Code, as added by the 
                      Infrastructure Investment and Jobs Act.
                          ``(xii) A project eligible under section 175 
                      of title 23, United States Code, as added by the 
                      Infrastructure Investment and Jobs Act.
                          ``(xiii) A project eligible under section 176 
                      of title 23, United States Code, as added by the 
                      Infrastructure Investment and Jobs Act.
                          ``(xiv) A project eligible under section 202 
                      of title 23, United States Code.
                          ``(xv) A project eligible under section 203 of 
                      title 23, United States Code.
                          ``(xvi) A project eligible under section 204 
                      of title 23, United States Code.
                          ``(xvii) A project eligible under the program 
                      for national infrastructure investments (commonly 
                      known as the `Rebuilding American Infrastructure 
                      with Sustainability and Equity (RAISE) grant 
                      program').
                          ``(xviii) A project eligible for credit 
                      assistance under the TIFIA program under chapter 6 
                      of title 23, United States Code.
                          ``(xix) A project that furthers the completion 
                      of a designated route of the Appalachian 
                      Development Highway System under section 14501 of 
                      title 40, United States Code.
                          ``(xx) A project eligible under section 5307 
                      of title 49, United States Code.
                          ``(xxi) A project eligible under section 5309 
                      of title 49, United States Code.
                          ``(xxii) A project eligible under section 5311 
                      of title 49, United States Code.
                          ``(xxiii) A project eligible under section 
                      5337 of title 49, United States Code.
                          ``(xxiv) A project eligible under section 5339 
                      of title 49, United States Code.
                          ``(xxv) A project eligible under section 6703 
                      of title 49, United States Code, as added by the 
                      Infrastructure Investment and Jobs Act.
                          ``(xxvi) A project eligible under title I of 
                      the Housing and Community Development Act of 1974 
                      (42 U.S.C. 5301 et seq.).
                          ``(xxvii) A project eligible under the bridge 
                      replacement, rehabilitation, preservation, 
                      protection, and construction program under 
                      paragraph (1) under the heading `highway 
                      infrastructure program' under the heading `Federal 
                      Highway Administration' under the heading 
                      `DEPARTMENT OF TRANSPORTATION' under title VIII of 
                      division J of the Infrastructure Investment and 
                      Jobs Act.
                    ``(C) Limitations; application of requirements.--
                          ``(i) Limitation on amounts to be used for 
                      infrastructure projects.--
                                    ``(I) In general.--The total amount 
                                that a State, territory, or Tribal 
                                government may use from a payment made 
                                under this section for uses

[[Page 136 STAT. 6100]]

                                described in subparagraph (A) shall not 
                                exceed the greater of--
                                            ``(aa) $10,000,000; and
                                            ``(bb) 30 percent of such 
                                        payment.
                                    ``(II) Rule of application.--The 
                                spending limitation under subclause (I) 
                                shall not apply to any use of funds 
                                permitted under paragraph (1), and any 
                                such use of funds shall be disregarded 
                                for purposes of applying such spending 
                                limitation.
                          ``(ii) Limitation on operating expenses.--
                      Funds provided under a payment made under this 
                      section shall not be used for operating expenses 
                      of a project described in clauses (xx) through 
                      (xxiv) of subparagraph (B).
                          ``(iii) Application of requirements.--Except 
                      as otherwise determined by the Secretary or the 
                      head of a Federal agency to which the Secretary 
                      has delegated authority pursuant to clause (iv) or 
                      provided in this section--
                                    ``(I) the requirements of section 
                                60102 of the Infrastructure Investment 
                                and Jobs Act shall apply to funds 
                                provided under a payment made under this 
                                section that are used pursuant to 
                                subparagraph (A) for a project described 
                                in clause (xxvi) of subparagraph (B) 
                                that relates to broadband 
                                infrastructure;
                                    ``(II) the requirements of titles 
                                23, 40, and 49 of the United States 
                                Code, title I of the Housing and 
                                Community Development Act of 1974 (42 
                                U.S.C. 5301 et seq.), and the National 
                                Environmental Policy Act of 1969 (42 
                                U.S.C. 4321 et. seq) shall apply to 
                                funds provided under a payment made 
                                under this section that are used for 
                                projects described in subparagraph (B); 
                                and
                                    ``(III) a State government receiving 
                                a payment under this section may use 
                                funds provided under such payment for 
                                projects described in clauses (i) 
                                through (xxvii) of subparagraph (B), as 
                                applicable, that--
                                            ``(aa) demonstrate progress 
                                        in achieving a state of good 
                                        repair as required by the 
                                        State's asset management plan 
                                        under section 119(e) of title 
                                        23, United States Code; and
                                            ``(bb) support the 
                                        achievement of 1 or more 
                                        performance targets of the State 
                                        established under section 150 of 
                                        title 23, United States Code.
                          ``(iv) Oversight.--The Secretary may delegate 
                      oversight and administration of the requirements 
                      described in clause (iii) to the appropriate 
                      Federal agency.
                          ``(v) Supplement, not supplant.--Amounts from 
                      a payment made under this section that are used by 
                      a State, territory, or Tribal government for uses 
                      described in subparagraph (A) shall supplement, 
                      and not supplant, other Federal, State, 
                      territorial, Tribal,

[[Page 136 STAT. 6101]]

                      and local government funds (as applicable) 
                      otherwise available for such uses.
                    ``(D) Reports.--The Secretary, in consultation with 
                the Secretary of Transportation, shall provide periodic 
                reports on the use of funds by States, territories, and 
                Tribal governments under subparagraph (A).
                    ``(E) <<NOTE: Time period. Termination date.>>  
                Availability.--Funds provided under a payment made under 
                this section to a State, territory, or Tribal government 
                shall remain available for obligation for a use 
                described in subparagraph (A) through December 31, 2024, 
                except that no amount of such funds may be expended 
                after September 30, 2026.''; and
            (2) in subsection 603-- <<NOTE: 42 USC 803.>> 
                    (A) in subsection (a), by inserting ``(except as 
                provided in subsection (c)(6))'' after ``December 31, 
                2024''; and
                    (B) in subsection (c)--
                          (i) in paragraph (1)--
                                    (I) in the matter preceding 
                                subparagraph (A), by striking 
                                ``paragraphs (3) and (4)'' and inserting 
                                ``paragraphs (3), (4), (5), and (6)'';
                                    (II) by amending subparagraph (C) to 
                                read as follows:
                    ``(C) for the provision of government services up to 
                an amount equal to the greater of--
                          ``(i) the amount of the reduction in revenue 
                      of such metropolitan city, nonentitlement unit of 
                      local government, or county due to the COVID-19 
                      public health emergency relative to revenues 
                      collected in the most recent full fiscal year of 
                      the metropolitan city, nonentitlement unit of 
                      local government, or county to the emergency; or
                          ``(ii) $10,000,000;'';
                                    (III) in subparagraph (D), by 
                                striking the period at the end and 
                                inserting ``; or''; and
                                    (IV) by adding at the end the 
                                following new subparagraph:
                    ``(E) to provide emergency relief from natural 
                disasters or the negative economic impacts of natural 
                disasters, including temporary emergency housing, food 
                assistance, financial assistance for lost wages, or 
                other immediate needs.''; and
                          (ii) by adding at the end the following new 
                      paragraph:
            ``(6) Authority to use funds for certain infrastructure 
        projects.--
                    ``(A) In general.--Subject to subparagraph (B), 
                notwithstanding any other provision of law, a 
                metropolitan city, nonentitlement unit of local 
                government, or county receiving a payment under this 
                section may use funds provided under such payment for 
                projects described in subparagraph (B) of section 
                602(c)(5), including, to the extent consistent with 
                guidance or rules issued by the Secretary or the head of 
                a Federal agency to which the Secretary has delegated 
                authority pursuant to subparagraph (B)(iv)--
                          ``(i) in the case of a project eligible under 
                      section 117 of title 23, United States Code, or 
                      section 5309

[[Page 136 STAT. 6102]]

                      or 6701 of title 49, United States Code, to 
                      satisfy a non-Federal share requirement applicable 
                      to such a project; and
                          ``(ii) in the case of a project eligible for 
                      credit assistance under the TIFIA program under 
                      chapter 6 of title 23, United States Code--
                                    ``(I) to satisfy a non-Federal share 
                                requirement applicable to such a 
                                project; and
                                    ``(II) to repay a loan provided 
                                under such program.
                    ``(B) Limitations; application of requirements.--
                          ``(i) Limitation on amounts to be used for 
                      infrastructure projects.--
                                    ``(I) In general.--The total amount 
                                that a metropolitan city, nonentitlement 
                                unit of local government, or county may 
                                use from a payment made under this 
                                section for uses described in 
                                subparagraph (A) shall not exceed the 
                                greater of--
                                            ``(aa) $10,000,000; and
                                            ``(bb) 30 percent of such 
                                        payment.
                                    ``(II) Rule of application.--The 
                                spending limitation under subclause (I) 
                                shall not apply to any use of funds 
                                permitted under paragraph (1), and any 
                                such use of funds shall be disregarded 
                                for purposes of applying such spending 
                                limitation.
                          ``(ii) Limitation on operating expenses.--
                      Funds provided under a payment made under this 
                      section shall not be used for operating expenses 
                      of a project described in clauses (xx) through 
                      (xxiv) of section 602(c)(5)(B).
                          ``(iii) <<NOTE: Determination.>>  Application 
                      of requirements.--Except as otherwise determined 
                      by the Secretary or the head of a Federal agency 
                      to which the Secretary has delegated authority 
                      pursuant to clause (iv) or provided in this 
                      section--
                                    ``(I) the requirements of section 
                                60102 of the Infrastructure Investment 
                                and Jobs Act shall apply to funds 
                                provided under a payment made under this 
                                section that are used pursuant to 
                                subparagraph (A) for a project described 
                                in clause (xxvi) of section 602(c)(5)(B) 
                                that relates to broadband 
                                infrastructure; and
                                    ``(II) the requirements of titles 
                                23, 40, and 49 of the United States 
                                Code, title I of the Housing and 
                                Community Development Act of 1974 (42 
                                U.S.C. 5301 et seq.), and the National 
                                Environmental Policy Act of 1969 (42 
                                U.S.C. 4321 et. seq) shall apply to 
                                funds provided under a payment made 
                                under this section that are used for 
                                projects described in section 
                                602(c)(5)(B).
                          ``(iv) Oversight.--The Secretary may delegate 
                      oversight and administration of the requirements 
                      described in clause (iii) to the appropriate 
                      Federal agency.
                          ``(v) Supplement, not supplant.--Amounts from 
                      a payment made under this section that are used by 
                      a metropolitan city, nonentitlement unit of local

[[Page 136 STAT. 6103]]

                      government, or county for uses described in 
                      subparagraph (A) shall supplement, and not 
                      supplant, other Federal, State, territorial, 
                      Tribal, and local government funds (as applicable) 
                      otherwise available for such uses.
                    ``(C) Reports.--The Secretary, in consultation with 
                the Secretary of Transportation, shall provide periodic 
                reports on the use of funds by metropolitan cities, 
                nonentitlement units of local government, or counties 
                under subparagraph (A).
                    ``(D) <<NOTE: Time period. Termination date.>>  
                Availability.--Funds provided under a payment made under 
                this section to a metropolitan city, nonentitlement unit 
                of local government, or county shall remain available 
                for obligation for a use described in subparagraph (A) 
                through December 31, 2024, except that no amount of such 
                funds may be expended after September 30, 2026.''.

    (b) Technical Amendments.--Sections 602(c)(3) and 603(c)(3) of title 
VI of the Social Security Act (42 U.S.C. 802(c)(3), 803(c)(3)) are each 
amended by striking ``paragraph (17) of''.
    (c) <<NOTE: 42 USC 802 note.>>  Guidance and Effective Date.--
            (1) <<NOTE: Deadline. Updates.>>  Guidance or rule.--Within 
        60 days of the date of enactment of this Act, the Secretary of 
        the Treasury, in consultation with the Secretary of 
        Transportation, shall issue guidance or promulgate a rule to 
        carry out the amendments made by this section, including 
        updating reporting requirements on the use of funds under this 
        section.
            (2) Effective date.--The amendments made by this section 
        shall take effect upon the issuance of guidance or the 
        promulgation of a rule described in paragraph (1).

    (d) Department of the Treasury Administrative Expenses.--
            (1) Reduction of funds available for administrative 
        expenses.--Title IV of division A of the Coronavirus Aid, 
        Relief, and Economic Security Act (Public Law 116-136) is 
        amended--
                    (A) in section 4003(f) <<NOTE: 15 USC 9042.>> , by 
                striking ``$100,000,000'' and inserting ``61,000,000''; 
                and
                    (B) in section 4112(b), <<NOTE: 15 USC 9072.>>  by 
                striking ``$100,000,000'' and inserting ``$67,000,000''.
            (2) <<NOTE: Determination.>>  Authority.--Notwithstanding 
        any other provision of law, the unobligated balances from 
        amounts made available to the Secretary of the Treasury 
        (referred to in this subsection as the ``Secretary'') for 
        administrative expenses pursuant to the provisions specified in 
        paragraph (3) shall be available to the Secretary (in addition 
        to any other appropriations provided for such purpose) for the 
        purpose described in paragraph (4) (subject to the limitation in 
        such paragraph) and for administrative expenses of the 
        Department of the Treasury, except for the Internal Revenue 
        Service, determined by the Secretary to be necessary to respond 
        to the coronavirus emergency, including any expenses necessary 
        to implement any provision of--
                    (A) the Coronavirus Aid, Relief, and Economic 
                Security Act (Public Law 116-136);
                    (B) division N of the Consolidated Appropriations 
                Act, 2021 (Public Law 116-260);
                    (C) the American Rescue Plan Act (Public Law 117-2); 
                or

[[Page 136 STAT. 6104]]

                    (D) title VI of the Social Security Act (42 U.S.C. 
                801 et seq.).
            (3) Provisions specified.--The provisions specified in this 
        paragraph are the following:
                    (A) Amounts made available under section 4027(a) of 
                the Coronavirus Aid, Relief, and Economic Security Act 
                (15 U.S.C. 9061(a)) to pay costs and administrative 
                expenses under section 4003(f) of such Act (15 U.S.C. 
                9042(f))) and amounts made available by section 4120(a) 
                of the Coronavirus Aid, Relief, and Economic Security 
                Act (15 U.S.C. 9080) to pay costs and administrative 
                expenses under section 4112(b) of such Act (15 U.S.C. 
                9072(b)) (after application of the amendments made by 
                paragraph (1) of this subsection).
                    (B) Section 421(f)(2) of division N of the 
                Consolidated Appropriations Act, 2021 (Public Law 116-
                260).
                    (C) Sections 3201(a)(2)(B), 3206(d)(1)(A), and 
                7301(b)(5) of the American Rescue Plan Act of 2021 
                (Public Law 117-2).
                    (D) Section 602(a)(2) of the Social Security Act (42 
                U.S.C. 802(a)(2)).
            (4) Payments to eligible revenue sharing consolidated 
        governments.--Of amounts made available under paragraph (2), up 
        to $10,600,000 shall be available to the Secretary (in addition 
        to any other appropriations provided for such purpose) for 
        making payments to eligible revenue sharing consolidated 
        governments under subsection (g) of section 605 of the Social 
        Security Act (42 U.S.C. 805), as added by section 103 of this 
        Act.
SEC. 103. ALLOWING PAYMENTS TO ELIGIBLE REVENUE SHARING 
                        CONSOLIDATED GOVERNMENTS FROM LOCAL 
                        ASSISTANCE AND TRIBAL CONSISTENCY FUND.

    (a) In General.--Section 605 of the Social Security Act (42 U.S.C. 
805) is amended by adding at the end the following new subsection:
    ``(g) Payments to Eligible Revenue Sharing Consolidated 
Governments.--
            ``(1) Payments to eligible revenue sharing consolidated 
        governments for fiscal years 2023 and 
        2024. <<NOTE: Allocation. Time periods. Effective date.>> --The 
        Secretary shall allocate and pay to each eligible revenue 
        sharing consolidated government for each of fiscal years 2023 
        and 2024 an amount equal to the amount that the Secretary would 
        have allocated to such eligible revenue sharing consolidated 
        government for fiscal year 2022 if all eligible revenue sharing 
        consolidated governments had been treated as eligible revenue 
        sharing counties for purposes of being eligible for payments 
        under subsection (b)(1) for such fiscal year using the 
        allocation methodology adopted by the Department of the Treasury 
        for such eligible revenue sharing counties as of the date of 
        enactment of this subsection.
            ``(2) Funding for payments.--
                    ``(A) In general.--The Secretary shall make the 
                allocations and payments described in paragraph (1) from 
                the amounts described in subparagraph (B), which shall 
                be available to the Secretary for such purpose 
                notwithstanding any other provision of law.

[[Page 136 STAT. 6105]]

                    ``(B) Amounts described.--The amounts described in 
                this subparagraph are the following:
                          ``(i) Any amount allocated to an eligible 
                      revenue sharing county under subsection (b)(1) for 
                      fiscal year 2022 or 2023 that, as of January 31, 
                      2023, has not been requested by such county.
                          ``(ii) Amounts made available to the Secretary 
                      under section 102(d)(4) of the State, Local, 
                      Tribal, and Territorial Fiscal Recovery, 
                      Infrastructure, and Disaster Relief Flexibility 
                      Act.''.

    (b) Conforming Amendments.--Section 605 of the Social Security Act 
(42 U.S.C. 805), as amended by subsection (a), is further amended--
            (1) in subsection (a), by inserting ``, subject to 
        subsection (g),'' after ``obligated'';
            (2) in subsection (c), by striking ``or an eligible Tribal 
        government'' and inserting ``, an eligible Tribal government, or 
        an eligible revenue sharing consolidated government'';
            (3) in subsections (d) and (e), by inserting ``or eligible 
        revenue sharing consolidated government'' after ``eligible 
        revenue sharing county'' each place it appears; and
            (4) in subsection (f)--
                    (A) by redesignating paragraphs (1) through (4) as 
                paragraphs (2) through (5), respectively; and
                    (B) by inserting before paragraph (2) (as so 
                redesignated) the following new paragraph:
            ``(1) Eligible revenue sharing consolidated government.-- 
        <<NOTE: Definition.>> The term `eligible revenue sharing 
        consolidated government' means a county, parish, or borough--
                    ``(A) that has been classified by the Bureau of the 
                Census as an active government consolidated with another 
                government; and
                    ``(B) for which, as determined by the Secretary, 
                there is a negative revenue impact due to implementation 
                of a Federal program or changes to such program.''.
SEC. 104. EXTENSION OF AVAILABILITY OF CORONAVIRUS RELIEF FUND 
                        PAYMENTS TO TRIBAL GOVERNMENTS.

    Section 601(d)(3) of the Social Security Act (42 U.S.C. 801(d)(3)) 
is amended by inserting ``(or, in the case of costs incurred by a Tribal 
government, during the period that begins on March 1, 2020, and ends on 
December 31, 2022)'' before the period.
SEC. 105. RESCISSION OF CORONAVIRUS RELIEF AND RECOVERY FUNDS 
                        DECLINED BY STATES, TERRITORIES, OR OTHER 
                        GOVERNMENTAL ENTITIES.

    Title VI of the Social Security Act (42 U.S.C. 801 et seq.) is 
amended by adding at the end the following new section:
``SEC. 606. <<NOTE: 42 USC 806.>>  RESCISSION OF FUNDS DECLINED BY 
                        STATES, TERRITORIES, OR OTHER GOVERNMENTAL 
                        ENTITIES.

    ``(a) Rescission.--
            ``(1) In general.--Subject to paragraphs (2) and (3), if a 
        State, territory, or other governmental entity provides notice 
        to the Secretary of the Treasury in the manner provided by the 
        Secretary of the Treasury that the State, territory, or other 
        governmental entity intends to decline all or a portion of the 
        amounts that are to be awarded to the State, territory,

[[Page 136 STAT. 6106]]

        or other governmental entity from funds appropriated under this 
        title, an amount equal to the unaccepted amounts or portion of 
        such amounts allocated by the Secretary of the Treasury as of 
        the date of such notice that would have been awarded to the 
        State, territory, or other governmental entity shall be 
        rescinded from the applicable appropriation account.
            ``(2) Exclusion.--Paragraph (1) shall not apply with respect 
        to funds that are to be paid to a State under section 603 for 
        distribution to nonentitlement units of local government.
            ``(3) Rules of construction.--Paragraph (1) shall not be 
        construed as--
                    ``(A) preventing a sub-State governmental entity, 
                including a nonentitlement unit of local government, 
                from notifying the Secretary of the Treasury that the 
                sub-State governmental entity intends to decline all or 
                a portion of the amounts that a State may distribute to 
                the entity from funds appropriated under this title; or
                    ``(B) allowing a State to prohibit or otherwise 
                prevent a sub-State governmental entity from providing 
                such a notice.

    ``(b) Use for Deficit Reduction.--Amounts rescinded under subsection 
(a) shall be deposited in the general fund of the Treasury for the sole 
purpose of deficit reduction.
    ``(c) State or Other Governmental Entity Defined.--In this section, 
the term `State, territory, or other governmental entity' means any 
entity to which a payment may be made directly to the entity under this 
title other than a Tribal government, as defined in sections 601(g), 
602(g), and 604(d), and an eligible Tribal government, as defined in 
section 605(f).''.

               DIVISION MM--FAIRNESS FOR 9/11 FAMILIES ACT

SEC. 101. <<NOTE: Fairness for 9/11 Families Act.>>  IMPROVEMENTS 
                        TO THE JUSTICE FOR UNITED STATES VICTIMS 
                        OF STATE SPONSORED TERRORISM ACT.

    (a) <<NOTE: 34 USC 10101 note.>>  Short Title.--This section may be 
cited as the ``Fairness for 9/11 Families Act''.

    (b) In General.--Section 404 of the Justice for United States 
Victims of State Sponsored Terrorism Act (34 U.S.C. 20144) is amended--
            (1) in subsection (b)--
                    (A) <<NOTE: Time period.>>  in paragraph (1)(B), in 
                the first sentence, by inserting ``and during the 1-year 
                period beginning on the date of enactment of the 
                Fairness for 9/11 Families Act, the Special Master may 
                utilize an additional 5 full-time equivalent Department 
                of Justice personnel'' before the period at the end; and
                    
                (B) <<NOTE: Deadline. Update. Procedures. Guidance.>>  
                in paragraph (2)(A), by inserting ``Not later than 30 
                days after the date of enactment of the Fairness for 9/
                11 Families Act, the Special Master shall update, as 
                necessary as a result of the enactment of such Act, such 
                procedures and other guidance previously issued by the 
                Special Master.'' after the period at the end of the 
                second sentence;
            (2) in subsection (c)(3)(A), by striking clause (ii) and 
        inserting the following:

[[Page 136 STAT. 6107]]

                          ``(ii) <<NOTE: Deadlines.>>  Not later than 90 
                      days after the date of obtaining a final judgment, 
                      with regard to a final judgment obtained on or 
                      after the date of that publication, unless--
                                    ``(I) the final judgment was awarded 
                                to a 9/11 victim, 9/11 spouse, or 9/11 
                                dependent before the date of enactment 
                                of the United States Victims of State 
                                Sponsored Terrorism Fund Clarification 
                                Act, in which case such United States 
                                person shall have 90 days from the date 
                                of enactment of such Act to submit an 
                                application for payment; or
                                    ``(II) the final judgment was 
                                awarded to a 1983 Beirut barracks 
                                bombing victim or a 1996 Khobar Towers 
                                bombing victim before the date of 
                                enactment of the Fairness for 9/11 
                                Families Act, in which case such United 
                                States person shall have 180 days from 
                                the date of enactment of such Act to 
                                submit an application for payment.'';
            (3) in subsection (d)--
                    (A) in paragraph (3)(B), by adding at the end the 
                following:
                          ``(iii) For the purposes of clause (i), the 
                      calculation of the total compensatory damages 
                      received or entitled or scheduled to be received 
                      by an applicant who is a 1983 Beirut barracks 
                      bombing victim or a 1996 Khobar Towers bombing 
                      victim from any source other than the Fund shall 
                      include the total amount received by the applicant 
                      as a result of or in connection with the 
                      proceedings captioned Peterson v. Islamic Republic 
                      of Iran, No. 10 Vic. 4518 (S.D.N.Y.), or the 
                      proceedings captioned In Re 650 Fifth Avenue & 
                      Related Properties, No. 08 Civ. 10934 (S.D.N.Y. 
                      filed Dec. 17, 2008), such that any such applicant 
                      who has received or is entitled or scheduled to 
                      receive 30 percent or more of such applicant's 
                      compensatory damages judgment as a result of or in 
                      connection with such proceedings shall not receive 
                      any payment from the Fund, except in accordance 
                      with the requirements of clause (i), or as part of 
                      a lump-sum catch-up payment in accordance with 
                      paragraph (4)(D).''; and
                    (B) in paragraph (4)--
                          (i) in subparagraph (A), by striking ``(B) and 
                      (C)'' and inserting ``(B), (C), and (D)'';
                          (ii) in subparagraph (C), by adding at the end 
                      the following:
                          ``(iv) Authorization.--
                                    ``(I) In general.--The Special 
                                Master shall authorize lump sum catch-up 
                                payments in amounts equal to the amounts 
                                described in subclauses (I), (II), and 
                                (III) of clause (iii).
                                    ``(II) Appropriations.--
                                            ``(aa) In general.--There 
                                        are authorized to be 
                                        appropriated and there are 
                                        appropriated to the Fund such 
                                        sums as are necessary to carry 
                                        out this clause, to remain 
                                        available until expended.

[[Page 136 STAT. 6108]]

                                            ``(bb) Limitation.--Amounts 
                                        appropriated pursuant to item 
                                        (aa) may not be used for a 
                                        purpose other than to make lump 
                                        sum catch-up payments under this 
                                        clause.''; and
                          (iii) by adding at the end the following:
                    ``(D) Lump sum catch-up payments for 1983 beirut 
                barracks bombing victims and 1996 khobar towers bombing 
                victims.--
                          ``(i) <<NOTE: Deadline. Audit. Federal 
                      Register, publication. Notice.>>  In general.--Not 
                      later than 1 year after the date of enactment of 
                      the Fairness for 9/11 Families Act, and in 
                      accordance with clauses (i) and (ii) of paragraph 
                      (3)(A), the Comptroller General of the United 
                      States shall conduct an audit and publish in the 
                      Federal Register a notice of proposed lump sum 
                      catch-up payments to the 1983 Beirut barracks 
                      bombing victims and the 1996 Khobar Towers bombing 
                      victims who have submitted applications in 
                      accordance with subsection (c)(3)(A)(ii)(II) on or 
                      after such date of enactment, in amounts that, 
                      after receiving the lump sum catch-up payments, 
                      would result in the percentage of the claims of 
                      such victims received from the Fund being equal to 
                      the percentage of the claims of non-9/11 victims 
                      of state sponsored terrorism received from the 
                      Fund, as of such date of enactment.
                          ``(ii) <<NOTE: Time period. Effective date.>>  
                      Public comment.--The Comptroller General shall 
                      provide an opportunity for public comment for a 
                      30-day period beginning on the date on which the 
                      notice is published under clause (i).
                          ``(iii) <<NOTE: Determinations.>>  Report.--
                      Not later than 30 days after the expiration of the 
                      comment period in clause (ii), the Comptroller 
                      General of the United States shall submit to the 
                      Committee on the Judiciary and the Committee on 
                      Appropriations of the Senate, the Committee on the 
                      Judiciary and the Committee on Appropriations of 
                      the House of Representatives, and the Special 
                      Master a report that includes the determination of 
                      the Comptroller General on--
                                    ``(I) the amount of the proposed 
                                lump sum catch-up payment for each 1983 
                                Beirut barracks bombing victim;
                                    ``(II) the amount of the proposed 
                                lump sum catch-up payment for each 1996 
                                Khobar Towers bombing victim; and
                                    ``(III) amount of lump sum catch-up 
                                payments described in subclauses (I) and 
                                (II).
                          ``(iv) Lump sum catch-up payment reserve 
                      fund.--
                                    ``(I) In general.--There is 
                                established within the Fund a lump sum 
                                catch-up payment reserve fund, to remain 
                                in reserve except in accordance with 
                                this subsection.
                                    ``(II) <<NOTE: Deadlines.>>  
                                Authorization.--Not earlier than 90 days 
                                after the date on which the Comptroller 
                                General submits the report required 
                                under clause (iii), and not later than 1 
                                year after such date, the Special Master 
                                shall authorize lump sum catch-up 
                                payments from the reserve fund 
                                established

[[Page 136 STAT. 6109]]

                                under subclause (I) in amounts equal to 
                                the amounts described in subclauses (I) 
                                and (II) of clause (iii).
                                    ``(III) Appropriations.--
                                            ``(aa) In general.--There 
                                        are authorized to be 
                                        appropriated and there are 
                                        appropriated to the lump sum 
                                        catch-up payment reserve fund 
                                        $3,000,000,000 to carry out this 
                                        clause, to remain available 
                                        until expended.
                                            ``(bb) Limitation.--Except 
                                        as provided in subclause (IV), 
                                        amounts appropriated pursuant to 
                                        item (aa) may not be used for a 
                                        purpose other than to make lump 
                                        sum catch-up payments under this 
                                        clause.
                                    ``(IV) Expiration.--
                                            ``(aa) In general.--The lump 
                                        sum catch-up payment reserve 
                                        fund established by this clause 
                                        shall be terminated not later 
                                        than 1 year after the Special 
                                        Master disperses all lump sum 
                                        catch-up payments pursuant to 
                                        subclause (II).
                                            ``(bb) Remaining amounts.--
                                        All amounts remaining in the 
                                        lump sum catch-up payment 
                                        reserve fund in excess of the 
                                        amounts described in subclauses 
                                        (I) and (II) of clause (iii) 
                                        shall be deposited into the Fund 
                                        under this section.'';
            (4) in subsection (e)(2)(B), by adding at the end the 
        following:
                          ``(v) Exception for 1983 beirut barracks 
                      bombing victims and 1996 khobar towers bombing 
                      victims.--Nothing in this subparagraph shall apply 
                      with respect to--
                                    ``(I) a 1983 Beirut barracks bombing 
                                victim or a 1996 Khobar Towers bombing 
                                victim who submits an application under 
                                subsection (c)(3)(A)(ii)(II) on or after 
                                the date of enactment of the Fairness 
                                for 9/11 Families Act; or
                                    ``(II) the assets, or the net 
                                proceeds of the sale of properties or 
                                related assets, attributable to a person 
                                described in subclause (I).''; and
            (5) in subsection (j), by adding at the end the following:
            ``(15) <<NOTE: Definition.>>  1983 beirut barracks bombing 
        victim.--The term `1983 Beirut barracks bombing victim'--
                    ``(A) means a plaintiff, or estate or successor in 
                interest thereof, who has an eligible claim under 
                subsection (c) that arises out of the October 23, 1983, 
                bombing of the United States Marine Corps barracks in 
                Beirut, Lebanon; and
                    ``(B) includes a plaintiff, estate, or successor in 
                interest described in subparagraph (A) who is a judgment 
                creditor in the proceedings captioned Peterson v. 
                Islamic Republic of Iran, No. 10 Vic. 4518 (S.D.N.Y.), 
                or a Settling Judgment Creditor as identified in the 
                order dated May 27, 2014, in the proceedings captioned 
                In Re 650 Fifth Avenue & Related Properties, No. 08 
                Vic.10934 (S.D.N.Y. filed Dec. 17, 2008).

[[Page 136 STAT. 6110]]

            ``(16) <<NOTE: Definition.>>  1996 khobar towers bombing 
        victim.--The term `1996 Khobar Towers bombing victim'--
                    ``(A) means a plaintiff, or estate or successor in 
                interest thereof, who has an eligible claim under 
                subsection (c) that arises out of the June 25, 1996 
                bombing of the Khobar Tower housing complex in Saudi 
                Arabia; and
                    ``(B) includes a plaintiff, estate, or successor in 
                interest described in subparagraph (A) who is a judgment 
                creditor in the proceedings captioned Peterson v. 
                Islamic Republic of Iran, No. 10 Vic. 4518 (S.D.N.Y.), 
                or a Settling Judgment Creditor as identified in the 
                order dated May 27, 2014, in the proceedings captioned 
                In Re 650 Fifth Avenue & Related Properties, No. 08 
                Vic.10934 (S.D.N.Y. filed Dec. 17, 2008).''.

    (c) GAO Report on Funding for the United States Victims of State 
Sponsored Terrorism Fund.-- <<NOTE: Evaluation. Assessments.>> Not later 
than 180 days after the date of enactment of this Act, the Comptroller 
General of the United States shall submit to Congress a report 
evaluating ways to increase deposits into the United States Victims of 
State Sponsored Terrorism Fund established under paragraph (1) of 
section 404(e) of the Justice for United States Victims of State 
Sponsored Terrorism Act (34 U.S.C. 20144(e)) (in this subsection 
referred to as the ``Fund''), including assessing the advisability and 
effect of--
            (1) expanding the scope of the criminal offenses for which 
        funds, and the net proceeds from the sale of property, forfeited 
        or paid to the United States are deposited in the Fund under 
        paragraph (2)(A)(i) of such section;
            (2) expanding the scope of the civil penalties or fines for 
        which funds, and the net proceeds from the sale of property, 
        forfeited or paid to the United States are deposited in the Fund 
        under paragraph (2)(A)(ii) of such section to include civil 
        penalties or fines imposed, including as part of a settlement 
        agreement, on an entity for providing material support to an 
        organization designated as a foreign terrorist organization 
        under section 219 of the Immigration and Nationality Act (8 
        U.S.C. 1189); and
            (3) increasing to 100 percent the percentage of funds, and 
        the net proceeds from the sale of property, forfeited or paid to 
        the United States as a civil penalty or fine that are deposited 
        in the Fund under paragraph (2)(A)(ii) of such section.

    (d) Rescissions.--
            (1) Business loans program account.--Of the unobligated 
        balances of amounts made available under the heading ``Small 
        Business Administration--Business Loans Program Account, CARES 
        Act'', for carrying out paragraphs (36) and (37) of section 7(a) 
        of the Small Business Act (15 U.S.C. 636(a)), $4,954,772,000 are 
        hereby rescinded.
            (2) Shuttered venue operators grant.--Of the unobligated 
        balances of amounts made available under the heading ``Small 
        Business Administration--Shuttered Venue Operators'', for 
        carrying out section 324 of division N of the Consolidated 
        Appropriations Act, 2021 (15 U.S.C. 9009a), $459,000,000 are 
        hereby rescinded.

[[Page 136 STAT. 6111]]

            (3) Aviation manufacturing payroll support program.--Of the 
        unobligated balances of amounts made available under section 
        7202 of the American Rescue Plan Act of 2021 (15 U.S.C. 9132), 
        $568,228,000 are hereby rescinded.

    Approved Dec. 29, 2022.

LEGISLATIVE HISTORY--H.R. 2617:
---------------------------------------------------------------------------

SENATE REPORTS: No. 117-164 (Comm. on Homeland Security and Governmental 
Affairs).
CONGRESSIONAL RECORD:
                                                        Vol. 167 (2021):
                                    July 26, Sept. 28, considered and 
                                        passed House.
                                                        Vol. 168 (2022):
                                    Nov. 15, considered and passed 
                                        Senate, amended.
                                    Dec. 14, House concurred in certain 
                                        Senate amendments, and in 
                                        another with an amendment 
                                        pursuant to H. Res. 1518.
                                    Dec. 20-22, Senate considered and 
                                        concurred in House amendment 
                                        with an amendment.
                                    Dec. 23, House concurred in Senate 
                                        amendment.

                                  <all>